130th Ohio General Assembly
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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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