The Board proposes the rule amendment to update requirements for retention of chiropractic records.

 

DEPARTMENT OF HEALTH

Board of Chiropractic Medicine

RULE NO.:RULE TITLE:

64B2-17.006Retention of Chiropractic Records; Time Limitations

PURPOSE AND EFFECT: The Board proposes the rule amendment to update requirements for retention of chiropractic records.

SUMMARY: Requirements for retention of chiropractic records will be updated.

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, based upon the expertise and experience of its members, 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: 456.056, 460.405 FS.

LAW IMPLEMENTED: 456.057(12), 456.058 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: Dayle Mooney, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257, or by telephone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B2-17.006 Retention of Chiropractic Records; Time Limitations.

(1) No change.

(2) Within one (1) month from the date of termination of practice, or the chiropractor’s death, the chiropractor who has terminated his practice, or the executor, administrator, personal representative, survivor or succeeding practitioner of the deceased chiropractor shall notify the Board Office who the new records owner is and where the medical records can be found, and shall cause to be published in the newspaper of general circulation in the county where the chiropractor resided or practiced, on two separate occasions, one week apart, a notice indicating to the patients of the chiropractor who has terminated his practice, or of the deceased chiropractor notify the patient of record that the patient’s chiropractic records are available to that patient or their duly constituted representative from a specific person at a certain location.

(3) At the conclusion of a twenty-two month period of time from the date of termination of practice or the chiropractor’s death, the chiropractor who has terminated his practice or, the executor, administrator, personal representative, survivor or succeeding practitioner shall cause to be published once during each week for four (4) consecutive weeks, in the newspaper of general circulation in the county where the chiropractor resided or practiced, a notice indicating to the patients of the chiropractor who has terminated his practice, or of the deceased chiropractor notify the patient of record that their chiropractic records may be disposed of or destroyed thirty (30) days from the date of the notice one (1) month or later from the last day of the fourth week of publication of notice. Records shall be disposed of or destroyed in such a manner as to preserve the confidentiality of the information contained therein.

(4)  “Notify” or notification for purposes of this rule is through electronic mail delivery or U.S. Mail to the last known address of the patient of record or through the patient of record’s medical record portal.  “Notify” or notification for purposes of this rule to the Board Office shall be through U.S. Mail or through electronic mail to the email address listed on the Department of Health’s website.

(5)(4) No change.

(6)(5) A chiropractor who relocates his or her practice and will no longer be available to his or her former patients shall follow the procedures listed in subsections (1), (2), and (3), above. A chiropractor who relocates to a practice site less no more than 20 miles away from the previous practice site shall either provide written notice of such relocation to all patients by electronic mail delivery or  U.S. Mail, to the patient of record’s last known address or shall follow the procedures listed in subsection (2).

Rulemaking Authority 456.056, 460.405 FS. Law Implemented 456.057(12), 456.058 FS. History–New 4-13-82, Formerly 21D-17.06, Amended 7-15-91, 5-19-93, Formerly 21D-17.006, 61F2-17.006, 59N-17.006, Amended 2-16-98, 6-21-00, 11-9-06,                                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Chiropractic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 03, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 23, 2022