§ 90-412. Electronic medical records. - North Carolina Statutes

§ 90‑412.  Electronicmedical records.

(a)        Notwithstanding anyother provision of law, any health care provider or facility licensed,certified, or registered under the laws of this State or any unit of State orlocal government may create and maintain medical records in an electronicformat. The health care provider, facility, or governmental unit shall not berequired to maintain a separate paper copy of the electronic medical record. Ahealth care provider, facility, or governmental unit shall maintain electronicmedical records in a legible and retrievable form, including adequate databackup.

(b)        Notwithstanding anyother provision of law, any health care provider or facility licensed,certified, or registered under the laws of this State or any unit of State orlocal government may permit authorized individuals to authenticate orders andother medical record entries by written signature, or by electronic or digitalsignature in lieu of a signature in ink. Medical record entries shall beauthenticated by the individual who made or authorized the entry. For purposesof this section, "authentication" means identification of the authorof an entry by that author and confirmation that the contents of the entry arewhat the author intended.

(c)        The legal rightsand responsibilities of patients, health care providers, facilities, andgovernmental units shall apply to records created or maintained in electronicform to the same extent as those rights and responsibilities apply to medicalrecords embodied in paper or other media. This subsection applies with respectto the security, confidentiality, accuracy, integrity, access to, anddisclosure of medical records. (1999‑247, s. 2; 2007‑248, s. 3.)