§ 1271.1. — 1271.1. (Added by Stats. 1991, Ch. 243, Sec. 2.)

(a)
Clinical laboratories which are licensed pursuant to this chapter and provide cytology services shall, if the licensee ceases operation, preserve records, reports, cytology slides, and cell blocks as prescribed in subdivision (g) of Section 1271 and Section 1274.
(b)
Any person injured as a result of the licensee’s abandonment of records may bring an action in any court of competent jurisdiction for the amount of any damages suffered as a result. In the event the licensee was a corporation or partnership which has been dissolved, the person injured may bring an action against that corporation’s or partnership’s principal officers of record at the time of the dissolution.
(c)
For purposes of this section, the following definitions shall apply:
(1)
“Abandonment of records” means violating subdivision (a) and thereby leaving patients and physicians and surgeons without access to information to which they are entitled pursuant to this chapter.
(2)
“Principal officers” means:
(A)
In the case of a partnership other than a limited partnership, any partner.
(B)
In the case of a limited partnership, any general partner, as defined in subdivision (i) of Section 15611 of the Corporations Code.
(C)
In the case of a corporation, the chairperson of the board, the chief executive officer, and the president of the corporation.

Legislative History

Added by Stats. 1991, Ch. 243, Sec. 2. Effective July 29, 1991.