64B15-15.006. Maintenance/Ownership of Patient Records

(1) The records required in this section and any other patient records shall be properly annotated to identify the physician of record. The physician of record is the physician who:

(a) Is noted in the patient record as the physician of record; or

(b) Provides a treatment or service and is noted in the patient record as the physician of record for that treatment or service; or

(c) If there has been more than one provider of treatment, does the surgical procedure, makes the diagnosis or finishes the service or procedure in question; or

(d) If there has been more than one provider of treatment and neither paragraph (a) or (b) can be determined with reasonable certainty, is the owner physician of the practice in which the patient was seen or treated. However, in situations where the physician is employed by a Health Maintenance Organization (HMO), Corporation, Professional Association, or has entered into a contractual arrangement with state-chartered regional organizations known as Community Health Purchasing Alliances or CHPAs, the employing entity owns the records.

(2) All patient records required by this rule and any additional records maintained in the course of treatment shall be the property of the owner physician or the employing entity as noted in paragraph (1)(d).

(3) The owner physician or the employing entity are ultimately responsible for all record keeping requirements set forth by statute or rule.

Specific Authority 459.005, 459.015(1)(o) FS. Law Implemented 456.057, 459.015(1)(o) FS. History–New 11-30-94, Formerly 59W-15.006.