The purpose of this amendment is to add Certified Nurse Specialists to licensees required to comply with procedures for disposal of medical records.

 

DEPARTMENT OF HEALTH
Board of Nursing

RULE NO.: RULE TITLE:
64B9-11.001: Medical Records of Deceased Nurse

PURPOSE AND EFFECT: The purpose of this amendment is to add Certified Nurse Specialists to licensees required to comply with procedures for disposal of medical records.

SUMMARY: The purpose of this amendment is to add Certified Nurse Specialists to licensees required to comply with procedures for disposal of medical records.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:

No Statement of Estimated Regulatory Cost was prepared. The Board has determined that the proposed rule amendments will not have an adverse impact on small business, nor will the proposed rule amendments be likely to directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate in this state within 1 year after the implementation of the rule.

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice. Additionally, it has been determined that this rule does not meet the threshold for ratification by legislature.

RULEMAKING AUTHORITY: 456.058 FS.
LAW IMPLEMENTED: 456.058 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe R. Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B9-11.001 Medical Records of Deceased Nurse.

(1) Each Registered Nurse (RN), Certified Nurse Specialist (CNS) or Advanced Registered Nurse Practitioner (ARNP) engaged in private practice, who maintains possession of client/patient medical records, shall ensure that the executor, administrator, personal representative or survivor of such licensee RN or ARNP shall arrange to maintain those medical records in existence upon the death of the licensee RN or ARNP for a period of at least two (2) years from the date of the death of the licensee RN or ARNP.

(2) Within one (1) month from the date of death of the licensee RN or ARNP, the executor, administrator, personal representative or survivor shall cause to be published in the newspaper of greatest general circulation in the county where the licensee RN or ARNP practiced, a notice indicating to the clients/patients of the deceased licensee RN or ARNP that the nurse’s medical records are available to the clients/ patients or their duly constituted representative from a specific person at a certain location.

(3) At the conclusion of a 22-month period of time from the date of death of the licensee RN or ARNP 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 licensee RN or ARNP practiced, a notice indicating to the clients/patients of the deceased nurse that client/patient 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 Specific Authority 456.058 FS. Law Implemented 456.058 FS. History–New 2-14-90, Formerly 21O-22.001, 61F7-11.001, 59S-11.001, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 13, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 7, 2011