16-10-94.1. Willful destruction, alteration, or falsification of medical records.

As used in this Code section, the term:#

1. (1)

   ‘‘Patient’’ means any person who has received health care services from a provider.#

2. (2)

   ‘‘Provider’’ means all hospitals, including public, private, osteopathic, and tuberculosis hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding hemodialysis units; intermediate care facilities; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. Such term shall also mean any person licensed to practice under Chapter 9, 11, 26, 34, 35, or 39 of Title 43.#

3. (3)

   ‘‘Record’’ means a patient’s health record, including, but not limited to, evaluations, diagnoses, prognoses, laboratory reports, X-rays, prescriptions, and other technical information used in assessing the patient’s condition, or the pertinent portion of the record relating to a specific condition or a summary of the record.#

Any person who, with intent to conceal any material fact relating to a potential claim or cause of action, knowingly and willfully destroys, alters, or falsifies any record shall be guilty of a misdemeanor.#