VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §§32.1-127.1:01 and 54.1-2403.2
of the Code of Virginia, relating to storage of health records.
[H 1212]
Approved
Be it enacted by the General Assembly of Virginia:
1. That §§32.1-127.1:01 and 54.1-2403.2 of the Code of
Virginia are amended and reenacted as follows:
§32.1-127.1:01. Record storage.
A. Medical records, as defined in § 42.1-77 Health
records, as defined in §32.1-127.1:03, may be stored by computerized or
other electronic process or microfilm, or other photographic, mechanical, or
chemical process; however, the stored record shall identify the location of any
documents or information that could not be so technologically stored. If the
technological storage process creates an unalterable record, the nursing
facility, hospital or other licensed health care provider shall not be required
to maintain paper copies of medical health records that have been
stored by computerized or other electronic process, microfilm, or other
photographic, mechanical, or chemical process. Upon completing such
technological storage, paper copies of medical health records may
be destroyed in a manner that preserves the patient's confidentiality. However,
any documents or information that could not be so technologically stored shall
be preserved.
B. Notwithstanding the authority of this section to copy patient
health records in the form of microfilm, prescription dispensing records
maintained in or on behalf of any pharmacy registered or permitted in Virginia
shall only be stored in compliance with §§54.1-3410, 54.1-3411, and
54.1-3412.
§54.1-2403.2. Record storage.
A. Medical records, as defined in § 42.1-77 Health
records, as defined in §32.1-127.1:03, may be stored by computerized or
other electronic process or microfilm, or other photographic, mechanical, or
chemical process; however, the stored record shall identify the location of any
documents or information that could not be so technologically stored. If the
technological storage process creates an unalterable record, a health care
provider licensed, certified, registered or issued a multistate licensure privilege
by a health regulatory board within the Department shall not be required to
maintain paper copies of medical health records that have been
stored by computerized or other electronic process, microfilm, or other
photographic, mechanical, or chemical process. Upon completing such
technological storage, paper copies of medical health records may
be destroyed in a manner that preserves the patient's confidentiality. However,
any documents or information that could not be so technologically stored shall
be preserved.
B. Notwithstanding the authority given in this section to
store patient health records in the form of microfilm,
prescription dispensing records maintained in or on behalf of any pharmacy
registered or permitted in Virginia shall only be stored in compliance with §§
54.1-3410, 54.1-3411, and 54.1-3412.
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