Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 130 - PODIATRIC MEDICINE PROGRAM › Subchapter E - PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS › Section 130.54 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) All practitioners shall make, maintain,
				  and keep accurate records of the diagnosis made and the treatment performed for
				  and upon each of his or her patients for reference and for protection of the
				  patient for at least five years following the completion of
				  treatment.
(b) The records of the
				  identity, diagnosis, evaluation, or treatment of a patient by a practitioner
				  that are created or maintained by a practitioner are the property of the
				  practitioner.
(c) A practitioner
				  shall furnish copies of medical records or a summary or narrative of the
				  medical records pursuant to a written request by the patient or by a parent or
				  legal guardian if the patient is a minor, or a legal guardian if the patient
				  has been adjudicated incompetent to manage his or her personal affairs, or an
				  attorney ad litem appointed for the patient or personal representative if the
				  patient is deceased, except if the practitioner determines that access to the
				  information would be harmful to the physical, mental, or emotional health of
				  the patient. The practitioner may delete confidential information about another
				  patient or family member of the patient who has not consented to the
				  release.
(d) The requested copies
				  of medical records of a summary or narrative of the records shall be furnished
				  by the practitioner within thirty (30) days after the date of the request and
				  reasonable fees for furnishing the information shall be paid by the patient or
				  someone on behalf of the patient.
(e) As referenced in subsection (c), if the
				  practitioner denies the request for copies of medical records or a summary or
				  narrative of the records, either in whole or in part, the practitioner shall
				  furnish the patient a written statement, signed and dated, stating the reason
				  for the denial, and a copy of the statement denying the request shall be placed
				  in the patient's medical records.
(f) The practitioner responding to a request
				  for such information shall be entitled to receive a reasonable fee for
				  providing the requested information. In addition, a reasonable fee may include
				  actual costs for mailing, shipping, or delivery of the records and
				  x-rays.
(g) The practitioner
				  providing copies of requested medical records or a summary or a narrative of
				  such medical records shall be entitled to payment of a reasonable fee prior to
				  release of the information unless the information is requested by a health care
				  provider licensed in Texas or licensed by any state, territory, or insular
				  possession of the United States or any State or Province of Canada if requested
				  for purposes of emergency or acute medical care. In the event the practitioner
				  receives a proper request for copies of medical records or a summary or
				  narrative of the medical records for purposes other than for emergency or acute
				  medical care, the practitioner may retain the requested information until
				  payment is received. In the event payment is not routed with such a request,
				  within ten calendar days from receiving a request for the release of such
				  medical records for reasons other than emergency or acute medical care, the
				  practitioner shall notify the requesting party in writing of the need for
				  payment and may withhold the information until payment of a reasonable fee is
				  received. A copy of the letter regarding the need for payment shall be made
				  part of the patient's medical record. Medical records requested pursuant to a
				  proper request for release may not be withheld from the patient, the patient's
				  authorized agency, or the patient's designated recipient for such records based
				  on a past due account for medical care or treatment previously rendered to the
				  patient.
(h) A subpoena shall not
				  be required for the release of medical records requested pursuant to a proper
				  release for records under this section made by a patient or by the patient's
				  guardian or other representative duly authorized to obtain such
				  records.
(i) In response to a
				  proper request for release of medical records, a practitioner shall not be
				  required to provide copies of billing records pertaining to medical treatment
				  of a patient unless specifically requested pursuant to the request for release
				  of medical records.
(j) The
				  allowable charges as set forth in this chapter shall be maximum amounts, and
				  this chapter shall be construed and applied so as to be consistent with lower
				  fees or the prohibition or absence of such fees as required by state statute or
				  prevailing federal law.