Fla. Admin. Code Ann. R. 64B17-6.0042 - Medical Records of Deceased, Relocating, or Terminating Practice Physical Therapists or Physical Therapist Assistants

(1) Licensees shall retain medical records as long as needed not only to serve and protect clients/patients, but also to protect themselves against adverse actions. This rule sets forth standards which, if not met, will constitute a violation of Sections 456.058 and 486.125, F.S., and will subject licensees to disciplinary proceedings.

(2) Licensees relocating or terminating practice. Each licensee engaged in practice, who maintains the responsibility for client/patient medical records, shall, when terminating or relocating the practice, notify each client/patient of such termination or relocation. Such notification shall consist of at a minimum, causing to be published, in the newspaper of greatest general circulation in each county in which the licensee 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 licensee shall place in a conspicuous location in or on the facade of the licensee'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. Each such licensee shall ensure that client/patient records are maintained and may be obtained by the client/patient for a minimum of two (2) years after the termination or relocation of practice.

(3) Deceased Physical Therapists or Physical Therapist Assistants.

(a) Each licensee engaged in practice, who maintains the responsibility for client/patient medical records, shall ensure that the executor, administrator, personal representative or survivor of such licensee shall arrange to maintain those medical records in existence upon the death of the licensee for a period of at least two (2) years from the date of the death of the licensee.

(b) Within one (1) month from the date of death of the licensee, the executor, administrator, personal representative or survivor shall cause to be published in the newspaper of greatest general circulation in the county where the licensee practiced, a notice indicating to the clients/patients of the deceased licensee that the licensee's medical records are available to the clients/patients or their duly constituted representative from a specific person at a certain location.

(c) At the conclusion of a 22-month period of time from the date of death of the licensee or thereafter, the executor, administrator, personal representative or survivor shall cause to be published once during each week for four (4) consecutive weeks, in the newspaper of greatest general circulation in the county where the licensee practiced, a notice indicating to the clients/patients of the deceased licensee that client/patient records will be disposed of or destroyed one (1) month or later from the last day of the fourth week of publication of notice.

(4) All client/patient records shall be disposed of in a manner that will secure the permanent confidentiality of records.

Notes

Fla. Admin. Code Ann. R. 64B17-6.0042

Rulemaking Authority 456.058, 486.025 FS. Law Implemented 456.057(12), 456.058 FS.

New 5-13-99, Amended by Florida Register Volume 42, Number 021, February 02, 2016 effective 2/18/2016.

New 5-13-99, Amended 2-18-16.