Fla. Admin. Code Ann. R. 64B13-3.003 - Patient Records; Transfer or Death of Licensed Practitioner
(1) The licensed
practitioner must legibly sign the entry in his or her records for each patient
encounter. If the practitioner maintains electronic patient records, the
practitioner must manually sign or affix an electronic signature which can be
generated by using either public key infrastructure or signature dynamics
technology, and meets the following criteria:
(a) The electronic signature is unique to the
person using it;
(b) The electronic
signature is capable of verification;
(c) The electronic signature is under the
sole control of the person using it;
(d) The electronic signature is linked to the
record in such a manner that the electronic signature is invalidated if any
data in the record are changed.
(2) A licensed practitioner shall maintain
full and independent responsibility and control over all records relating to
his or her patients and his or her optometric practice. For the purposes of
this rule, "maintain full and independent responsibility and control" means
that the records shall be maintained in the licensed practitioner's office or
solely in the possession of the licensed practitioner, and that the licensed
practitioner shall not share, delegate, or relinquish either possession of the
records or his or her responsibility or control over those records with or to
any entity which is not itself a licensed practitioner.
(3) The records relating to the patients of a
multidisciplinary group of licensed health care professionals as provided in
section 463.014(1)(a),
F.S., or relating to the patients of a partnership or professional association
as provided in section
463.014(1)(b),
F.S., may be maintained by the group practice, partnership, or professional
association on behalf of all licensed practitioners employed by the group
practice, partnership, or professional association.
(4) For the purposes of this rule, "entity
which itself is not a licensed practitioner" shall refer to any corporation,
lay body, organization, individual, or commercial or mercantile establishment
which is not a licensed practitioner or which is not comprised solely of
licensed health care professionals, the primary objective of whom is the
diagnosis and treatment of the human body.
(5) For the purposes of this rule,
"commercial or mercantile establishment" shall include an establishment in
which the practice of opticianry is conducted pursuant to chapter 484, part I,
Florida Statutes, and an establishment in which optical goods are
sold.
(6) A licensed practitioner
shall keep patient records for a period of at least five years after the last
entry. Upon the discontinuance of his or her practice, the licensed
practitioner shall either transfer all patient records which are less than five
years old to an eye care practitioner licensed pursuant to chapter 463, 458, or
459, F.S., where they may be obtained by patients, or he or she shall keep them
in his or her possession for at least five years and make them available to be
obtained by patients.
(7) A
licensed practitioner who retires or otherwise discontinues his or her practice
shall cause to be published in the newspaper of greatest general circulation in
each county where the licensed practitioner practiced, a notice indicating to
his or her patients that the licensed practitioner's patient records are
available from a specified eye care practitioner licensed pursuant to chapter
458, 459, or 463, F.S., at a certain location. The notice shall be published
once during each week for four (4) consecutive weeks. A copy of the published
notice shall be delivered to the Board office for filing.
(8)
(a) The
executor, administrator, personal representative, or survivor of a deceased
licensed practitioner shall retain patient records concerning any patient of
the deceased licensed practitioner for at least five years from the date of
death of the licensed practitioner.
(b) Within one (1) month from the date of
death of the licensed practitioner, the executor, administrator, personal
representative, or survivor of the deceased licensed practitioner shall cause
to be published in the newspaper of greatest general circulation in each county
where the licensed practitioner practiced, a notice indicating to the patients
of the deceased licensed practitioner the location at which whose patients may
obtain their patient records. The notice shall be published once during each
week for four (4) consecutive weeks. A copy of the published notice shall be
delivered to the Board office for filing.
Notes
Rulemaking Authority 456.058, 463.005(1)(a), (d) FS. Law Implemented 456.057, 456.058, 463.005(1)(a), (d) FS.
New 11-13-79, Amended 12-19-84, 4-8-85, Formerly 21Q-3.03, Amended 12-16-86, 7-11-88, Formerly 21Q-3.003, 61F8-3.003, Amended 2-14-96, Formerly 59V-3.003, Amended 3-29-98, 4-3-00, 1-2-02, 11-16-05, 1-31-08, 9-2-19.
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