California Health and Safety Code 1427 – (a) When the administration of medications, treatments, or …
(a) When the administration of medications, treatments, or other care is not recorded, as required by law, in the health care record for a patient of a long-term health care facility, it shall be presumed that the required medication, treatment, or care has not been provided.
(b) The presumption established by this section may be rebutted by a licensee only upon a showing of a preponderance of the evidence.
Terms Used In California Health and Safety Code 1427
- department: means State Department of Health Services. See California Health and Safety Code 20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Licensee: means the holder of a license issued under Chapter 2 (commencing with Section 1250) or Chapter 8. See California Health and Safety Code 1418
- Long-term health care facility: means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any of the following:
California Health and Safety Code 1418
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(c) This presumption applies to any action against any long-term health care facility which is filed by the state department pursuant to this chapter or Chapter 2 (commencing with Section 1250). In any other action against a long-term health care facility, the court may apply the presumption when the interests of justice requires.
(Repealed and added by Stats. 1985, Ch. 11, Sec. 11. Effective March 6, 1985.)