64B8-10.001. Medical Records of Deceased Physician; Retention, Time Limitations

(1) The executor, administrator, personal representative or survivor of a deceased physician licensed pursuant to Chapter 458, F.S., shall retain medical records in existence upon the death of the physician concerning any patient of the physician for at least a period of two (2) years from the date of the death of the physician. Physicians must take proactive measures to ensure that their executor, administrator, personal representative or survivor have access to both paper and electronic medical records. Such access must include passwords for medical records maintained in an electronic format.

(2) Within one (1) month from the date of death of the physician, the executor, administrator, personal representative or survivor of the deceased physician shall cause to be published in the newspaper of greatest general circulation in each county where the physician practiced and in a local newspaper that serves the immediate practice area, a notice indicating to the patients of the deceased physician, that the physician’s medical records are available to the patients or their duly constituted representative from a specific person at a certain location. A copy of this notice shall also be submitted to the Board of Medicine within one (1) month from the date of death of the physician.

(3) At the conclusion of a 22-month period of time from the date of the physician’s death, or thereafter, the executor, administrator, personal representative, or survivor shall cause to be published once during each week for four (4) consecutive weeks, in the newspaper of greatest general circulation in the county where the physician resided, a notice indicating to the patients of the deceased physician that the physician’s medical records will be disposed of or destroyed one (1) month or later from the last day of the fourth week of publication of notice.

Rulemaking Authority 456.058, 458.309 FS. Law Implemented 456.058 FS. History–New 7-1-80, Formerly 21M-26.01, Amended 7-3-89, Formerly 21M-26.001, Amended 11-4-93, Formerly 61F6-26.001, Amended 1-26-97, Formerly 59R-10.001, Amended 11-11-15.