Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-10 - MEDICAL RECORDS RETENTION, DISPOSITION, REPRODUCTION › Section 64B8-10.002 - Medical Records of Physicians Relocating or Terminating Practice; Retention, Disposition, Time Limitations

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board of Medicine and the Legislature
				recognize the need for maintenance and retention of Medical Records in order to
				protect and serve patients. For that reason, the Legislature has directed the
				Board to promulgate rules setting standards that will provide a minimum
				requirement for retention and disposition of patient records of deceased
				practitioners and practitioners relocating and terminating practice. However,
				the Board is concerned that the promulgation of these rules may mislead the
				licensed physicians. Rule
				64B8-10.002, F.A.C., sets forth
				standards which if not met will constitute a violation of section
				456.058, F.S., and will subject
				the physician to disciplinary proceedings by the Department of Health.
				Physicians should retain records as long as needed not only to serve and
				protect patients, but also to protect themselves against adverse actions. The
				times specified in rule
				64B8-10.002, F.A.C., may well be
				less than the length of time necessary for protecting the physician. Further,
				the times stated may fall below the community standards for retention in their
				communities and practice settings and for specific patient needs. For the
				latter purposes, the physician may wish to seek advice from private counsel or
				their malpractice insurance carrier.
(2) A licensed physician medical records
				owner shall maintain the full and total responsibility for and control of all
				files and records relating to his patients and his medical practice for a
				period of at least five years from the last patient contact. All such records
				shall remain confidential except as otherwise provided by law and shall be
				maintained in the licensed physician's office or in the possession of the
				licensed physician.
(3) A licensed
				physician shall keep adequate written medical records, as required by section
				458.331(1)(m),
				F.S.
(4) When a licensed physician
				terminates practice or relocates and is no longer available to patients,
				patients should be notified of such termination, sale, or relocation and
				unavailability by the physician's causing to be published once during each week
				for four (4) consecutive weeks, in the newspaper of greatest general
				circulation in each county in which the physician practices or practiced and in
				a local newspaper that serves the immediate practice area, a notice which shall
				contain the date of termination, sale, or relocation and an address at which
				the records may be obtained from the physician terminating or selling the
				practice or relocating or from another licensed physician or osteopathic
				physician. A copy of this notice shall also be submitted to the Board of
				Medicine within one (1) month from the date of termination, sale, or relocation
				of the practice. The licensed physician may, but is not required to, place a
				sign in a conspicuous location on the facade of the physician's office or
				notify patients by letter of the termination, sale, or relocation of the
				practice. The sign or notice shall advise the licensed physician's patients of
				their opportunity to transfer or receive their records.
Rulemaking Authority
					 458.309,
					 456.058 FS. Law Implemented
					 456.058,
					 458.331(1)(m)
					 FS.
New 7-3-89, Formerly 21M-26.002, Amended 11-4-93, 1-17-94,
					 Formerly 61F6-26.002, Amended 1-26-97, Formerly 59R-10.002, Amended 3-7-01,
					 8-28-18.