Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B17 - Board of Physical Therapy Practice › Chapter 64B17-6 - MINIMUM STANDARDS OF PRACTICE › Section 64B17-6.0042 - Medical Records of Deceased, Relocating, or Terminating Practice Physical Therapists or Physical Therapist Assistants

Current through Reg. 50, No. 138; July 16, 2024
(1) Licensees shall
				retain medical records as long as needed not only to serve and protect
				clients/patients, but also to protect themselves against adverse actions. This
				rule sets forth standards which, if not met, will constitute a violation of
				Sections  456.058 and
				 486.125, F.S., and will subject
				licensees to disciplinary proceedings.
(2) Licensees relocating or terminating
				practice. Each licensee engaged in practice, who maintains the responsibility
				for client/patient medical records, shall, when terminating or relocating the
				practice, notify each client/patient of such termination or relocation. Such
				notification shall consist of at a minimum, causing to be published, in the
				newspaper of greatest general circulation in each county in which the licensee
				practices or practiced, a notice which shall contain the date of termination or
				relocation and an address at which medical records may be obtained. Such notice
				shall be published no less than 4 times over a period of at least 4 weeks. In
				addition, the licensee shall place in a conspicuous location in or on the
				facade of the licensee's office, a sign announcing the termination or
				relocation of the practice. The sign shall be placed at least thirty (30) days
				prior to the termination or relocation and shall remain until the date of
				termination or relocation. Both the notice and the sign shall advise the
				clients/patients of their opportunity to transfer or receive their medical
				records. Each such licensee shall ensure that client/patient records are
				maintained and may be obtained by the client/patient for a minimum of two (2)
				years after the termination or relocation of practice.
(3) Deceased Physical Therapists or Physical
				Therapist Assistants.
(a) Each licensee
				engaged in practice, who maintains the responsibility for client/patient
				medical records, shall ensure that the executor, administrator, personal
				representative or survivor of such licensee shall arrange to maintain those
				medical records in existence upon the death of the licensee for a period of at
				least two (2) years from the date of the death of the licensee.
(b) Within one (1) month from the date of
				death of the licensee, the executor, administrator, personal representative or
				survivor shall cause to be published in the newspaper of greatest general
				circulation in the county where the licensee practiced, a notice indicating to
				the clients/patients of the deceased licensee that the licensee's medical
				records are available to the clients/patients or their duly constituted
				representative from a specific person at a certain location.
(c) At the conclusion of a 22-month period of
				time from the date of death of the licensee or thereafter, the executor,
				administrator, personal representative or survivor shall cause to be published
				once during each week for four (4) consecutive weeks, in the newspaper of
				greatest general circulation in the county where the licensee practiced, a
				notice indicating to the clients/patients of the deceased licensee that
				client/patient records will be disposed of or destroyed one (1) month or later
				from the last day of the fourth week of publication of
				notice.