The proposed rule amendments are intended to address access to patient records which are maintained by the physician.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-10.001Medical Records of Deceased Physician; Retention, Time Limitations

PURPOSE AND EFFECT: The proposed rule amendments are intended to address access to patient records which are maintained by the physician.

SUMMARY: The proposed rule amendment requires physicians to take measures to ensure that patients have access to medical records by requiring the physician’s executor, administrator, personal representative or survivor to have access to the records including any passwords for records maintained in an electronic format.

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: 456.058, 458.309 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 FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: André Ourso, J.D., M.P.H., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-10.001 Medical Records of Deceased Physician; Retention, Time Limitations.

(1) The executor, administrator, personal representative or survivor of a deceased physician licensed pursuant to Chapter 458, Florida Statutes, shall retain medical records in existence upon the death of the physician concerning any patient of the physician for at least a period of two (2) years from the date of the death of the physician. Physicians must take proactive measures to ensure that their executor, administrator, personal representative or survivor have access to both paper and electronic medical records.  Such access must include passwords for medical records maintained in an electronic format.

(2) through (3) No change.

Rulemaking Specific Authority 456.058, 458.309 FS. Law Implemented 456.058 FS. History–New 7-1-80, Formerly 21M-26.01, Amended 7-3-89, Formerly 21M-26.001, Amended 11-4-93, Formerly 61F6-26.001, Amended 1-26-97, Formerly 59R-10.001, Amended____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules Committee, Board of Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 28, 2015