(a) If a law or rule requires that a health record be retained, the requirement is satisfied by retaining an electronic record that:
(1) accurately reflects the health record after it was first generated and in its final form as an electronic health record or otherwise; and
(2) remains accessible and is capable of being accurately reproduced for later reference.
(b) If a law or rule requires a health record to be presented or retained in its original form or provides consequences if the health record is not presented or retained in its original form, that law or rule is satisfied by an electronic health record retained in accordance with subsection (a) of this section. A health record retained as an electronic health record in accordance with subsection (a) of this section satisfies a law or rule requiring a person to retain a health record for evidentiary, audit or other purposes.
(c) Notwithstanding any other provision of law, any health care provider or facility licensed, certified, or registered under the laws of this territory may create and maintain health records in an electronic format. The health care provider, facility, or governmental unit shall not be required to maintain a separate paper copy of the health record; however, when a consent for treatment or authorization to disclose health record information is contained in a paper writing, the writing shall be preserved in a durable medium, and its existence and location shall be noted in the electronic record. A health care provider, facility, or governmental unit shall maintain electronic health records in legible and retrievable form, including adequate data backup.
(d) Notwithstanding any other provision of law, any health care provider or facility licensed, certified or registered under the laws of this territory may permit authorized individuals to authenticate orders and other health records entries by written signature, or by electronic or digital signature in lieu of a signature in ink. Health record entries shall be authenticated by the individual who made or authorized the entry. For purposes of this section, “authenticating” means identification of the author of an entry by that author and confirmation that the contents of the entry are what the author intended.
(e) The legal rights and responsibilities of patients, health care providers, facilities and governmental units shall apply to records created or maintained in electronic form to the same extent as those rights and responsibilities apply to medial records embodied in paper or other media. This subsection applies with respect to the security, confidentiality, accuracy, integrity, access to, and disclosure of medical records.