Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-11 - MAINTENANCE OF MEDICAL RECORDS › Section 64B9-11.002 - Medical Records of Nurses Relocating or Terminating Practice

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board of Nursing and the Legislature
				recognize the need for maintenance and retention of medical records in order to
				protect and serve clients/patients. For that reason, the Legislature has
				directed the Board of Nursing to promulgate rules setting standards that will
				provide a minimum requirement for retention and disposition of client/patient
				records of nurses relocating and terminating practice. However, the Board of
				Nursing is concerned that the promulgation of these rules may mislead the
				licensed nurses. Subsection (2) of this rule sets forth standards which, if not
				met, will constitute a violation of sections
				456.058 and
				464.018, F.S., and will subject
				the nurse to disciplinary proceedings. Nurses should retain medical records as
				long as needed not only to serve and protect clients/patients, but also to
				protect themselves against adverse actions. The times specified in subsection
				(2), below, may well be less than the length of time necessary for protecting
				the nurses. Furthermore, the times stated may fall below the community
				standards for retention in specific communities and practice settings and for
				specific client/patient needs. For these purposes, nurses may wish to seek
				advice from private legal counsel or their insurance carrier.
(2) Each Registered Nurse or Advanced
				Practice Registered Nurse engaged in private practice, who maintains possession
				of client/patient medical records, shall, when terminating or relocating
				practice in such a manner as to no longer be reasonably available to
				clients/patients, notify each client/patient of such termination or relocation
				and unavailability. Such notification shall consist of at least causing to be
				published, in the newspaper of greatest general circulation in each county in
				which the nurse 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 nurse shall place in a conspicuous location
				in or on the facade of the nurse'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. Furthermore, each such licensee shall see that client/patient records
				are maintained and may be obtained by the client/patient for a minimum of 2
				years after the termination or relocation of practice.
Rulemaking Authority
					 456.058 FS. Law Implemented
					 456.058
					 FS.
New 6-6-90, Formerly 21O-22.002, 61F7-11.002, 59S-11.002,
					 Amended 1-9-12, 7-30-19.