California § 1427 - When the administration of medications, treatments, or other care is not recorded

§ 1427. When the administration of medications, treatments, or other care is not recorded

(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.