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.

Specific Authority 456.057, 459.0122 FS. Law Implemented 456.057, 459.0122 FS. History–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.