Fla. Admin. Code Ann. R. 64B5-17.001 - Required Availability of Dental Records Upon Relocation or Termination of Practice, or Death of Practitioner
(1) Patient records
are confidential and may not be released unless authorized by the patient in
writing. This confidentiality prohibits review of the records by a dentist
other than the dentist of record or by other health care providers unless they
are actually involved in care or treatment of the patient. Maintenance of
patient records by a deceased dentist's estate, authorized agent of the estate
or by a successor-owner dentist of a practice does not authorize review of
patient records. However, limited review for the purpose of obtaining a
patient's name, address and last date of treatment in order to comply with this
rule is permitted.
(2) Within 90
days of a dentist's death, the dentist's estate or agent shall place all
patient records of the deceased dentist in the care of another Florida licensed
dentist.
(a) The patient records of the
deceased dentist shall be maintained and made available to patients for a
period of 4 years.
(b) Within 90
days of a dentist's death the dentist's estate or agent shall cause a notice to
be published in the newspaper of greatest general circulation in the county
where the dentist practiced, or a prominent notice on the deceased dentist's
websites, which advises patients of the dentist's death. The notice shall
advise patients that they may obtain copies of their dental records and specify
the name, physical address, email address, and telephone number of the person
from whom the copies of records may be obtained. The website notice shall
appear at least once a week for four consecutive weeks.
(c) The subsequent Florida licensed dentist
shall cause to be published a similar notice whenever the patient records of
the deceased dentist are subsequently transferred to another licensed Florida
dentist if such transfer is within 4 years of the dentist's death.
(d) During the four year retention period
required by this rule each licensed Florida dentist who is in possession of the
deceased dentist's patient records shall insure that the original patient
records, or in cases where the patient has requested that the records be
released or transferred, copies thereof remain in his possession.
(3) Dental records of a
practitioner who is terminating or relocating his practice shall be retained by
the dentist or his authorized agent, which may be a successor-owner dentist,
and made available to patients for 4 years from the date the patient was last
examined or treated.
(4) Within one
month of a dentist's termination of practice or relocation of practice outside
the local telephone directory service area of his or her current practice, a
notice shall be published in the newspaper of greatest general circulation in
the county where the dentist practiced, or a prominent notice on the
terminated/relocating dentist's websites, which advises patients of the
dentist's termination of practice or relocation. The notice shall advise
patients that they may obtain copies of their dental records and specify the
name, physical address, email address, and telephone number of the person from
whom copies of records may be obtained. The website notice shall appear at
least once a week for 4 consecutive weeks.
(5) If a dentist relocates his practice but
maintains a listing in the same local telephone directory used in his previous
practice location, notice of relocation shall be clearly posted at his practice
location for one month prior to relocation. The notice shall state the date of
relocation and the address to which the office is being relocated.
(6) Records shall be made available at a
location within the county where the dentist practices or practiced and shall
be made available at reasonable times.
Notes
Rulemaking Authority 456.058, 466.004(4) FS. Law Implemented 456.058 FS.
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