Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B15 - Board of Osteopathic Medicine › Chapter 64B15-15 - MEDICAL RECORDS › Section 64B15-15.002 - Handling of Patient Records Upon Termination of Practice

Current through Reg. 50, No. 138; July 16, 2024
(1) When an osteopathic physician sells or
				otherwise voluntarily terminates practice, the physician shall notify patients
				of such termination by causing to be published, in the newspaper of greatest
				general circulation in the county of practice, a notice which shall contain the
				date of termination and an address at which the records may be
				obtained.
(2) When a physician's
				practice is involuntarily terminated by suspension, emergency or otherwise, the
				physician shall immediately notify patients of such termination by causing to
				be published, in the newspaper of greatest general circulation in the county of
				practice, a notice which shall contain the date of termination and an address
				at which the records may be obtained. A copy of the notice shall be mailed to
				the board office within ten days of publication.
(3) In addition to the requirements of
				subsections (1) and (2), above, the physician shall place in a conspicuous
				location in or on the facade of the office a sign, announcing the termination
				of the practice. The sign shall be placed 30 days prior to the termination,
				when such termination is voluntary, and shall remain until the termination
				date. When the termination of practice is involuntary, the physician shall
				immediately cause the sign to be placed and shall remain in place for 30
				days.
(4) For purposes of this
				rule, voluntary termination shall include retirement or relocation of the
				physician's practice. Involuntary termination shall include suspension,
				revocation, relinquishment, or expiration of the physician's license to
				practice osteopathic medicine.
(5)
				Both the notice and sign shall advise the physician's patients of their
				opportunity to transfer or receive their records.
(6) For purposes of this rule, an osteopathic
				physician may ask the Board to be exempt from this rule when relocation occurs
				in the general area of the practice.
(7) The osteopathic physician shall provide
				for the retention of medical records in existence concerning any patient of the
				osteopathic physician for at least a period of two (2) years from the date his
				practice is sold or otherwise terminated. In the event that the osteopathic
				physician does not personally retain the medical records, then he shall publish
				a notice in the newspaper of greatest general circulation in the county in
				which he practiced immediately preceding termination of his practice, which
				shall provide the address at which the records shall be retained for the two
				(2) year period.
(8) Physicians
				whose patient records are maintained by an institution or health care entity
				formed under Chapter 641, F.S., shall be exempt from this rule.
(9) Nothing herein precludes a licensee of
				this Board from receiving records and delivering the records to the patient
				upon receipt of authorization to release the records.
Rulemaking Authority
					 456.057,
					 456.058,
					 459.0122 FS. Law Implemented
					 456.057,
					 456.058,
					 459.0122
					 FS.
New 5-13-87, Amended 7-19-89, Formerly 21R-15.002, Amended
					 1-10-94, Formerly 61F9-15.002, Amended 4-9-95, Formerly
					 59W-15.002.