The Board proposes a rule amendment that updates the requirements regarding the retention timeframes for the availability of medical records to clients from a licensed veterinarian or entity who terminates or relocates practices.....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Veterinary Medicine

RULE NO.:RULE TITLE:

61G18-18.0015Medical Records; Relocating or Terminating Practice; Retention and Disposition

PURPOSE AND EFFECT: The Board proposes a rule amendment that updates the requirements regarding the retention timeframes for the availability of medical records to clients from a licensed veterinarian or entity who terminates or relocates practices.

SUMMARY: The proposed rule amendment updates the requirements for medical records; relocating or terminating practice; and retention and disposition.

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: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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

RULEMAKING AUTHORITY: 474.206, 455.242, 474.215(7) FS.

LAW IMPLEMENTED: 455.242, 474.215(7) 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: Ruthanne Christie, Executive Director, Board of Veterinary Medicine, 2601 Blair Stone Road, Tallahassee, FL 32399-0751, N13, or by electronic mail - [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G18-18.0015 Medical Records; Relocating or Terminating Practice; Retention and Disposition.

(1) No Change.

(2) No later than one month after the veterinarian or entity terminates practice or relocates practice and is no longer available to patients or clients, the veterinarian or entity shall do one of the following;

(a) Ccause to be published in the newspaper of greatest general circulation in the county where the veterinarian or entity resided or practiced, a notice indicating to the owners of the patients of said veterinarian or entity that the medical records are available to the owners of the patients or their duly constituted representative from a specific person at a specific location. At the conclusion of a 3 year period of time from the date that the veterinarian or entity terminated practice or relocated practice and was no longer available to patients or clients, the veterinarian or entity shall cause to be published once during each week for 2 consecutive weeks, in the newspaper of greatest general circulation in the county where the veterinarian resided or practiced, a notice indicating to the owners of the patients of the veterinarian or entity that the medical records may be disposed of or destroyed one month or later from the last day of the 4th week of publication of notice. However, nothing herein shall be construed to require that a veterinarian or entity ever destroy the medical records; it permits destruction of records after 3 years and requires notification to clients that the records can be destroyed.

(b) Send electronic notifications, either email or text, to all clients that have been seen within the last 3 years a notice indicating to the owners of the patients of the veterinarian or terminated or relocated practice, that the veterinarian’s medical records are available to the owners of the patients or their duly constituted representative from a specific person at a certain location and that the veterinarian’s medical records will be disposed of or destroyed in 2 years.

(3) At the conclusion of a 3 year period of time from the date that the veterinarian or entity terminated practice or relocated practice and was no longer available to patients or clients, the veterinarian or entity shall cause to be published once during each week for 4 consecutive weeks, in the newspaper of greatest general circulation in the county where the veterinarian resided or practiced, a notice indicating to the owners of the patients of the veterinarian or entity that the medical records may be disposed of or destroyed one month or later from the last day of the 4th week of publication of notice. However, nothing herein shall be construed to require that a veterinarian or entity ever destroy the medical records; it permits destruction of records after 3 years and requires notification to clients that the records can be destroyed.

Rulemaking Specific Authority 474.206, 455.242, 474.215(7) FS. Law Implemented 455.242, 474.215(7) FS. History–New 11-1-88, Formerly 21X-18.0015, Amended 7-4-95,______________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Veterinary Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 1, 2023