To clarify the rule and update forms.

 

DEPARTMENT OF HEALTH

Council of Licensed Midwifery

RULE NO.:RULE TITLE:

64B24-7.014Patient Records

PURPOSE AND EFFECT:  To clarify the rule and update forms.

SUMMARY: The rule is being amended to streamline the rule and update the forms required for emergency care plans and annual reports.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 467.005 FS.

LAW IMPLEMENTED: 467.019 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Claudia Kemp, Executive Director, 4052 Bald Cypress Way, Bin C-06, Tallahassee, FL 32399-3256 or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B24-7.014 Patient Records and Reports.

(1) The midwife shall keep a record of each patient served which. Such record shall contain:

(a) the nName, address and telephone number of patient.;

(b) tThe informed consent form, and all documentation of all care given during the prenatal, intrapartum and postpartum period relevant to midwifery services; a copy of the Certificate of Live Birth; and

(c) an The emergency care plan for delivery specific to each patient. The emergency care plan shall be completed by the midwife and the patient at initial consultation or before 36 weeks of pregnancy on Form DH-MQA 1077, Emergency Care Plan for Delivery (08/2015), incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-#####.

(d) Documentation of all consultations, referrals, transport, transfer of care and emergency care rendered, and all subsequent updates.

(e) A copy of form DH511, Certificate of Live Birth, submitted to the registrar of vital statistics pursuant to Section 467.019(1), F.S.

(2) The patient’s records shall be retained kept on file for a minimum of 5 years from date of last entry in records.

(3) Patient records are confidential and may not be released unless authorized by the patient in writing. This confidentiality prohibits review of the records by a licensed midwife other than the midwife of record or by other health care providers unless they are actually involved in care or treatment of the patient. Maintenance of patient records by a deceased licensed midwife’s estate, authorized agent of the estate or by a successor-owner midwife of a practice does not authorize review of patient records. However, limited review for the purpose of obtaining a patient’s name, address and last date of treatment in order to comply with this rule is permitted.

(3)(4) Within 90 days of a midwife’s death, the midwife’s estate or agent shall place all patient records of the deceased midwife in the care of another Florida licensed midwife who shall notify the department and each patient in writing of the death, the transfer of records, and the name, address and telephone number of the person from whom copies of records may be obtained.

(a) The original patient records of the deceased midwife shall be maintained and copies made available to patients for a period of 5 years from receipt.

(b) Within 90 days of a midwife’s death the midwife’s estate or agent shall cause a notice to be published in the newspaper of greatest general circulation in the county where the midwife practiced which advises patients of the licensed midwife’s death. The notice shall advise patients that they may obtain copies of their medical records and specify the name, address and telephone number of the person from whom the copies of records may be obtained. The notice shall appear at least once a week for four consecutive weeks.

(c) The subsequent Florida licensed midwife shall cause to be published a similar notice whenever the patient records of the deceased midwife are subsequently transferred to another Florida licensed midwife if such transfer is within 5 years of the midwife’s death.

(d) During the five year retention period required by this rule each Florida licensed midwife who is in possession of the  deceased midwife’s patient records shall insure that the original patient records. , or in cases where  the patient has requested that the records be released or transferred, copies thereof remain in their possession.

(4)(5) Medical records of a licensed midwife who is terminating or relocating their private practice shall be retained by the licensed midwife or their authorized agent, which may be a successor-owner midwife, and copies made available to patients for 5 years from the date of the last entry in the records.

(5)(6) Within one month of a licensed midwife’s termination of practice or relocation of practice outside the local telephone directory service area, of their current practice, a notice shall be published in the newspaper of greatest general circulation in the county where the midwife practiced which advises patients of the midwife’s termination of practice or relocation. The notice the midwife shall advise patients in writing of the termination or relocation that they may obtain copies of their medical records and specify the name, address and telephone number of the person from whom copies of records may be obtained The notice shall appear at least once a week for 4 consecutive weeks.

(7) Records shall be made available at a location within the county where the midwife practices or practiced and shall be made available at reasonable times.

(8) When a licensed midwife has been employed by a practice or facility such as a birth center and the laws and rules of that practice/facility maintain that the patients’ records belong to the facility, the licensed midwife shall be allowed to review on the premises of the practice/facility the patients records as needed for statistical information pursuant to Sections 467.004(3)(e) and 456.071, F.S., or, the facility may provide the required information in writing to the licensed midwife at reasonable and customary cost to the midwife pursuant to Section 119.08, F.S.

(6) Each licensed midwife, temporary certificate holding midwife, and midwife supervising a student midwife in assisting in childbirth that occurs in an out-of-hospital setting, shall file an annual report no later than July 31 for the prior fiscal year on Form DH-MQA 5011, Annual Report of Midwifery Practice (08/2015), incorporated by reference and available at http://flrules.com/gateway/reference.asp?No=Ref-#####.

(7) The Department shall send a notice of noncompliance to each licensee who fails to meet the reporting requirement.

Rulemaking Specific Authority 467.005 FS. Law Implemented 467.019 FS. History–New 7-14-94, Formerly 61E8-7.014, Amended 3-20-96, Formerly 59DD-7.014, Amended 9-11-02,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Claudia Kemp

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 18, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 12, 2015