CA Health & Safety Code Section 1427

(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.

(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.

Source: Section 1427, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=HSC§ionNum=1427.­.

Last Updated

Aug. 19, 2023

§ 1427’s source at ca​.gov