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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 243 |
REPRESENTATIVES VAN VYVEN-BRADING-CORBIN-HAINES-SCHURING-
TAYLOR-TERWILLEGER-TIBERI
A BILL
To enact section 3702.40 of the Revised Code to establish
standards for using electronic signatures and computer-generated signature
codes in records of health care
facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3702.40 of the Revised Code be
enacted to read as follows:
Sec. 3702.40. (A) AS USED IN THIS SECTION:
(1) "HEALTH CARE FACILITY" MEANS ANY OF
THE FOLLOWING:
(a) A HOSPITAL, AS DEFINED IN SECTION 3727.01 OF THE
REVISED CODE;
(b) AN AMBULATORY SURGICAL FACILITY, AS DEFINED IN SECTION
3702.30 OF
THE REVISED
CODE;
(c) A FREESTANDING BIRTHING CENTER;
(d) A FREESTANDING CARDIAC CATHETERIZATION FACILITY;
(e) A FREESTANDING OR MOBILE DIAGNOSTIC IMAGING CENTER;
(f) A FREESTANDING DIALYSIS CENTER;
(g) A FREESTANDING EMERGENCY FACILITY;
(h) AN URGENT CARE CENTER;
(i) A FREESTANDING EXTRACORPOREAL SHOCKWAVE LITHOTRIPSY
CENTER;
(j) A FREESTANDING RADIATION THERAPY CENTER;
(k) A HOME HEALTH AGENCY;
(l) A HOSPICE CARE PROGRAM, AS DEFINED IN SECTION 3712.01 OF THE
REVISED CODE;
(m) A NURSING HOME, RESIDENTIAL CARE FACILITY, OR HOME FOR THE
AGING,
ALL AS DEFINED IN SECTION 3721.01 OF THE
REVISED CODE;
(n) AN ADULT CARE FACILITY, AS DEFINED IN SECTION 3722.01 OF THE
REVISED CODE;
(o) A NURSING FACILITY OR INTERMEDIATE CARE FACILITY FOR THE
MENTALLY
RETARDED, BOTH AS DEFINED IN SECTION 5111.20 OF THE
REVISED CODE;
(p) A FACILITY OR PORTION OF A FACILITY CERTIFIED AS A SKILLED
NURSING
FACILITY UNDER TITLE XVIII OF THE "SOCIAL
SECURITY ACT," 49 STAT. 620 (1935), 42
U.S.C.A.
301, AS AMENDED.
(2) "HEALTH CARE RECORD" MEANS ANY DOCUMENT
OR COMBINATION OF DOCUMENTS PERTAINING TO A PATIENT'S MEDICAL HISTORY,
DIAGNOSIS, PROGNOSIS, OR MEDICAL CONDITION THAT IS GENERATED AND MAINTAINED IN
THE PROCESS OF THE PATIENT'S TREATMENT AT A HEALTH CARE FACILITY.
(B) ALL WRITTEN NOTES, ORDERS, AND OBSERVATIONS ENTERED INTO A
HEALTH CARE RECORD AT A HEALTH CARE FACILITY, INCLUDING ANY INTERPRETIVE
REPORTS
OF DIAGNOSTIC TESTS OR SPECIFIC TREATMENTS, SUCH AS RADIOLOGIC OR
ELECTROCARDIOGRAPHIC REPORTS, OPERATIVE REPORTS, REPORTS OF PATHOLOGIC
EXAMINATION OF TISSUE, AND SIMILAR REPORTS, SHALL BE AUTHENTICATED BY
THE INDIVIDUAL WHO MADE OR AUTHORIZED THE ENTRY. HEALTH CARE RECORD ENTRIES
MAY BE AUTHENTICATED BY HANDWRITTEN SIGNATURES OR
HANDWRITTEN INITIALS. THEY ALSO MAY BE AUTHENTICATED BY ELECTRONIC SIGNATURES
OR COMPUTER-GENERATED SIGNATURE CODES IF ALL OF THE FOLLOWING APPLY:
(1) THE HEALTH CARE FACILITY ADOPTS A
POLICY THAT PERMITS THE USE OF ELECTRONIC SIGNATURES OR COMPUTER-GENERATED
SIGNATURE CODES;
(2) THE FACILITY'S ELECTRONIC SIGNATURE
OR COMPUTER-GENERATED SIGNATURE CODE SYSTEM UTILIZES A TWO-LEVEL OR BIOMETRIC
ACCESS MECHANISM THAT ASSIGNS A UNIQUE IDENTIFIER TO EACH USER;
(3) THE FACILITY TAKES STEPS TO
SAFEGUARD AGAINST USE OF A UNIQUE IDENTIFIER BY ANY INDIVIDUAL OTHER THAN THE
ONE TO WHOM IT IS ASSIGNED;
(4) THE SYSTEM INCLUDES A PROCESS TO
VERIFY THAT THE INDIVIDUAL AFFIXING THE ELECTRONIC SIGNATURE OR
COMPUTER-GENERATED SIGNATURE CODE HAS REVIEWED THE CONTENTS OF THE ENTRY AND
DETERMINED THAT THEY ARE WHAT THAT INDIVIDUAL INTENDED;
(5) THE POLICY ADOPTED BY THE FACILITY
PURSUANT TO DIVISION (B)(1) OF THIS SECTION
PRESCRIBES ALL OF THE FOLLOWING:
(a) A PROCEDURE BY WHICH EACH USER OF THE SYSTEM MUST CERTIFY IN
WRITING
THAT THE USER WILL KEEP THE USER'S UNIQUE IDENTIFIER STRICTLY
CONFIDENTIAL;
(b) PENALTIES FOR MISUSING THE SYSTEM OR A
UNIQUE IDENTIFIER ALLOWING ACCESS TO IT;
(c) TRAINING THAT THE FACILITY MUST PROVIDE TO ALL USERS OF THE
SYSTEM AND
THAT INCLUDES AN EXPLANATION OF THE APPROPRIATE USE OF THE SYSTEM AND THE
CONSEQUENCES FOR
NONCOMPLIANCE WITH THE FACILITY'S CONFIDENTIALITY AND SECURITY POLICIES.
THE USE OF AN ELECTRONIC SIGNATURE OR COMPUTER-GENERATED SIGNATURE CODE
IN ACCORDANCE WITH THIS SECTION SHALL BE CONSIDERED FOR ALL LEGAL PURPOSES TO
BE THE SAME AS A HANDWRITTEN SIGNATURE OR HANDWRITTEN INITIALS.
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