4 CCR 749-1.12 - Record-keeping and patient records

The purpose of this Rule is to clarify additional record-keeping and patient record management requirements as described in sections 12-250-112 and 12-250-117(1)(a), C.R.S.

A. Documentation of the patient's health history (including pregnancy status, as applicable), presenting complaint(s), examination, diagnoses, prognoses, treatment recommendations, treatment, progression of care, prescriptions, lab results, xrays, correspondence, reports, and any health insurance records must be maintained in the patient record.
B. Patient records are required to be contemporaneous, legible, utilize standard medical terminology or abbreviations, identify the patient, indicate all services rendered during each patient encounter, identify the provider of service, and indicate the date the service was performed. Any addition or correction to the patient record after entry shall be signed and dated by the person making the addition or correction.
C. Patient records shall be maintained for a minimum of seven years after the last date of treatment or examination, or at least two years after the patient reaches the age of eighteen, whichever occurs later. If patient records are maintained electronically, then a back-up and data recovery system must be in place.
D. When the destruction cycle for patient records is imminent, written notice to the patient's last known address, or notice by publication, must be made sixty days prior to destruction allowing a thirty day period wherein the patient may claim his/her records. When a patient claims such records, the records must be provided to the patient, or legal guardian, at no charge; however, recovery of appropriate postage and handling costs is permitted.
E. Patient records shall be destroyed in a manner that totally obliterates all information contained in the record such as by incinerating or shredding.
F. Patient records may not be withheld for outstanding/past due professional fees. A reasonable fee for copying records may be assessed to the requesting party.

Notes

4 CCR 749-1.12
37 CR 15, August 10, 2014, effective 8/30/2014 38 CR 11, June 10, 2015, effective 7/1/2015 39 CR 11, June 10, 2016, effective 6/30/2016 43 CR 03, February 10, 2020, effective 1/1/2020 43 CR 07, April 10, 2020, effective 4/30/2020 43 CR 22, November 25, 2020, effective 12/15/2020 44 CR 09, May 10, 2021, effective 5/30/2021 45 CR 17, September 10, 2022, effective 8/15/2022 45 CR 16, August 25, 2022, effective 9/14/2022 45 CR 21, November 10, 2022, effective 11/30/2022

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