Electronic Records; Application to Psychiatric, Psychological, or Other Mental Health Records

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  1. Notwithstanding any other provision of the law to the contrary, any provider may, in its sole discretion, create, maintain, transmit, receive, and store records in an electronic format within the meaning of Code Section 10-12-2 and may, in its sole discretion, temporarily or permanently convert records into an electronic format.
  2. A provider shall not be required to maintain separate tangible copies of electronically stored records.
  3. The other provisions of this chapter shall apply to electronic records to the same extent as those provisions apply to tangible records.
  4. This Code section is subject to all applicable federal laws governing the security and confidentiality of a patient's personal health information.
  5. A tangible copy of a record reproduced from an electronically stored record shall be considered an original for purposes of providing copies to patients or other authorized parties and for introduction of the records into evidence in administrative or court proceedings.
  6. Except as provided otherwise under federal law, upon receiving a request for a copy of a record from a patient or an authorized person under Code Section 31-33-3, a provider shall provide copies of the record in either tangible or electronically stored form.
  7. Subsections (a), (b), (d) and (e) of this Code section shall apply to psychiatric, psychological, or other mental health records of a patient.

(Code 1981, §31-33-8, enacted by Ga. L. 2005, p. 618, § 1/SB 204; Ga. L. 2009, p. 698, § 4/HB 126; Ga. L. 2010, p. 286, § 19/SB 244.)

Cross references.

- Georgia Uniform Electronic Transactions Act, § 10-12-1 et seq.

CHAPTER 34 MEDICAL PROFESSIONALS FOR RURAL ASSISTANCE Article 1 General Provisions.
  • 31-34-1. Short title.
  • 31-34-2. Purpose and intent of article.
  • 31-34-3. Administration by Georgia Board of Health Care Workforce.
  • 31-34-4. Loan applicant qualifications; rules and regulations.
  • 31-34-4.1. Grants to hospitals and other entities; use of funds; rules and regulations authorized.
  • 31-34-5. Service cancelable loan; amount; repayment; determination of underserved rural areas.
  • 31-34-6. Contract between applicant and state agreeing to terms and conditions of loan; breach of contract; service cancelable contracts.
  • 31-34-7. Cancellation of contract.
  • 31-34-8. Funding.
  • 31-34-9. Biennial report to General Assembly.
Article 2 Grant Program.
  • 31-34-20. Grant program for physicians serving underserved rural areas; eligibility qualifications; time of practice; rules and regulations.
Cross references.

- Physicians, T. 43, C. 34.

Administrative Rules and Regulations.

- Physicians for rural areas assistance program, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board for Physician Workforce, Chapter 195-12.

ARTICLE 1 GENERAL PROVISIONS

Editor's notes.

- The existing provisions of Chapter 34 were designated as Article 1 by Ga. L. 2018, p. 132, § 6/HB769, effective July 1, 2018.


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