Section 1427 Of Chapter 2.4. Quality Of Long-term Health Facilities From California Health And Safety Code >> Division 2. >> Chapter 2.4.
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.