Rogerio S. Faillace, M.D.; The Notice of the Petition was published in Vol. 36, No. 52, of the December 30, 2010 issue of the Florida Administrative Weekly. The Board reviewed the Petition at its meeting held on February 6, 2011. The Board’s Final ...

DEPARTMENT OF HEALTH
Board of Medicine

NOTICE IS HEREBY GIVEN THAT on June 15, 2011, the Board of Medicine issued a Final Order on the petition for declaratory statement filed by Rogerio S. Faillace, M.D., on December 16, 2010. The Notice of the Petition was published in Vol. 36, No. 52, of the December 30, 2010 issue of the Florida Administrative Weekly. The Board reviewed the Petition at its meeting held on February 6, 2011. The Board’s Final Order finds that under the facts set forth in the Petition a physician who terminates his practice and properly lets his patients know of the termination is not excused from complying with future requests for copies of medical records from that same patient. Additionally, the Board finds that after the physician who terminated his practice has already provided a copy of a patient’s medical record to the patient himself, to that patient’s legal guardian, or to the patient’s parent (when patient is a minor), the physician’s duties regarding disposition of that patient’s records are not extinguished. Finally, the Board finds that the person or entity who obtains medical records from the Petitioner does become an owner of those records and must maintain them according to Florida law but that does not terminate the Petitioner’s duty to maintain that patient’s medical records or from continuing to comply with Sections 456.057 and 456.058, Florida Statutes, and Rule 64B8-10.002, Florida Administrative Code.

A copy of the Final Order may be obtained by contacting the Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253.