(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.
","text":"(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.","otherVersions":[],"url":"https://blackletter.si/health-and-safety-code/quality-of-long-term-health-facilities-1427","source":"California Legislative Information bulk export (pubinfo)"}