Fla. Admin. Code Ann. R. 64B2-17.006 - Retention of Chiropractic Records; Time Limitations
(1) The chiropractor who terminates his
practice, places his licenses in a retired status or the executor,
administrator, personal representative, survivor or succeeding practitioner of
a deceased chiropractor licensed pursuant to Chapter 460, F.S., shall retain
the chiropractic records of any "patient of record" in existence upon date of
termination of practice, or upon the death of the chiropractor for at least two
(2) years from the date of the termination of practice, or death of the
chiropractor. "Patient of record" for the purpose of this rule is a patient who
has received treatment within the last two (2) years.
(2) Within one (1) month from the date of
termination of practice, or the chiropractor's death, the chiropractor who has
terminated his practice, or the executor, administrator, personal
representative, survivor or succeeding practitioner of the deceased
chiropractor shall notify the Board Office who the new records owner is and
where the medical records can be found, and shall notify the patient of record
that the patient's chiropractic records are available to that patient or their
duly constituted representative from a specific person at a certain
location.
(3) At the conclusion of
a twenty-three month period of time from the date of termination of practice or
the chiropractor's death, the chiropractor who has terminated his practice or,
the executor, administrator, personal representative, survivor or succeeding
practitioner shall notify the patient of record that their chiropractic records
may be disposed of or destroyed thirty (30) days from the date of the notice.
Records shall be disposed of or destroyed in such a manner as to preserve the
confidentiality of the information contained therein.
(4) "Notify" or notification for purposes of
this rule is through electronic mail delivery or U.S. Mail to the last known
address of the patient of record or through the patient of record's medical
record portal. "Notify" or notification for purposes of this rule to the Board
Office shall be through U.S. Mail or through electronic mail to the email
address listed on the Department of Health's website.
(5) A chiropractor in active practice shall
retain chiropractic records for at least four (4) years from the date of the
patient's last appointment with the chiropractor.
(6) A chiropractor who relocates his or her
practice and will no longer be available to his or her former patients shall
follow the procedures listed in subsections (1), (2), and (3), above. A
chiropractor who relocates to a practice site less than 20 miles away from the
previous practice site shall either provide written notice of such relocation
to all patients by electronic mail delivery or U.S. Mail, to the patient of
record's last known address.
Notes
Rulemaking Authority 456.056, 460.405 FS. Law Implemented 456.057(12), 456.058 FS.
New 4-13-82, Formerly 21D-17.06, Amended 7-15-91, 5-19-93, Formerly 21D-17.006, 61F2-17.006, 59N-17.006, Amended 2-16-98, 6-21-00, 11-9-06, 4-23-23.
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