Senate Health Committee Supports the Medical Records Protection Act

April 04, 2018

(SACRAMENTO) – In an 8 to 0 vote, SB 1238 – authored by Senator Richard D. Roth (D-Riverside) – cleared the Senate Health Committee. The Medical Records Protection Act establishes a patient’s right to access their medical records before they are destroyed.

“What was said here today was that patients have the absolute right to be the arbiter of their own health records,” said Senator Richard D. Roth (D-Riverside). “To think that such a vital piece of healthcare could be destroyed without a person’s knowledge is egregious and could have life and death consequences.”

At this time, there is no federal or state standard requiring how long a doctor must keep records. Instead, the amount of time is specified on a state-by-state basis with five years being the minimum holding period. In California, the timeframe is decided by the health provider, which has led to inconsistencies among providers and confusion for patients.

Senator Roth continued: “This is a win for patients and will put California on the path of leading the nation in asking doctors to not just ‘do no harm’ but to ensure that they are the true stewards of a patient’s health.”

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Senator Richard D. Roth represents the 31st State Senate District, which includes the communities of Corona, Eastvale, Jurupa Valley, March Air Reserve Base, Moreno Valley, Norco, Perris and Riverside. Prior to his election, he served for 32 years in the United States Air Force, retiring in 2007 in the grade of Major General.