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

(1) The chiropractor who terminates his practice, places his licenses in a retired status or the executor, administrator, personal representative, survivor or succeeding practitioner of a deceased chiropractor licensed pursuant to Chapter 460, F.S., shall retain the chiropractic records of any “patient of record” in existence upon date of termination of practice, or upon the death of the chiropractor for at least two (2) years from the date of the termination of practice, or death of the chiropractor. “Patient of record” for the purpose of this rule is a patient who has received treatment within the last two (2) years.

(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 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-three 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 notify the patient of record that their chiropractic records may be disposed of or destroyed thirty (30) days from the date of the 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) A chiropractor in active practice shall retain chiropractic records for at least four (4) years from the date of the patient’s last appointment with the chiropractor.

(6) 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 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.

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, 4-23-23.