Fla. Admin. Code Ann. R. 64B15-15.002 - Handling of Patient Records Upon Termination of Practice
(1) When an osteopathic physician sells or
otherwise voluntarily terminates practice, the physician shall notify patients
of such termination by causing to be published, in the newspaper of greatest
general circulation in the county of practice, a notice which shall contain the
date of termination and an address at which the records may be
obtained.
(2) When a physician's
practice is involuntarily terminated by suspension, emergency or otherwise, the
physician shall immediately notify patients of such termination by causing to
be published, in the newspaper of greatest general circulation in the county of
practice, a notice which shall contain the date of termination and an address
at which the records may be obtained. A copy of the notice shall be mailed to
the board office within ten days of publication.
(3) In addition to the requirements of
subsections (1) and (2), above, the physician shall place in a conspicuous
location in or on the facade of the office a sign, announcing the termination
of the practice. The sign shall be placed 30 days prior to the termination,
when such termination is voluntary, and shall remain until the termination
date. When the termination of practice is involuntary, the physician shall
immediately cause the sign to be placed and shall remain in place for 30
days.
(4) For purposes of this
rule, voluntary termination shall include retirement or relocation of the
physician's practice. Involuntary termination shall include suspension,
revocation, relinquishment, or expiration of the physician's license to
practice osteopathic medicine.
(5)
Both the notice and sign shall advise the physician's patients of their
opportunity to transfer or receive their records.
(6) For purposes of this rule, an osteopathic
physician may ask the Board to be exempt from this rule when relocation occurs
in the general area of the practice.
(7) The osteopathic physician shall provide
for the retention of medical records in existence concerning any patient of the
osteopathic physician for at least a period of two (2) years from the date his
practice is sold or otherwise terminated. In the event that the osteopathic
physician does not personally retain the medical records, then he shall publish
a notice in the newspaper of greatest general circulation in the county in
which he practiced immediately preceding termination of his practice, which
shall provide the address at which the records shall be retained for the two
(2) year period.
(8) Physicians
whose patient records are maintained by an institution or health care entity
formed under Chapter 641, F.S., shall be exempt from this rule.
(9) Nothing herein precludes a licensee of
this Board from receiving records and delivering the records to the patient
upon receipt of authorization to release the records.
Notes
Rulemaking Authority 456.057, 456.058, 459.0122 FS. Law Implemented 456.057, 456.058, 459.0122 FS.
New 5-13-87, Amended 7-19-89, Formerly 21R-15.002, Amended 1-10-94, Formerly 61F9-15.002, Amended 4-9-95, Formerly 59W-15.002.
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