Fla. Admin. Code Ann. R. 64B8-10.001 - Medical Records of Deceased Physician; Retention, Time Limitations
(1) The executor, administrator, personal
representative or survivor of a deceased physician licensed pursuant to Chapter
458, F.S., shall retain medical records in existence upon the death of the
physician concerning any patient of the physician for at least a period of two
(2) years from the date of the death of the physician. Physicians must take
proactive measures to ensure that their executor, administrator, personal
representative or survivor have access to both paper and electronic medical
records. Such access must include passwords for medical records maintained in
an electronic format.
(2) Within
one (1) month from the date of death of the physician, the executor,
administrator, personal representative or survivor of the deceased physician
shall cause to be published in the newspaper of greatest general circulation in
each county where the physician practiced and in a local newspaper that serves
the immediate practice area, a notice indicating to the patients of the
deceased physician, that the physician's medical records are available to the
patients or their duly constituted representative from a specific person at a
certain location. A copy of this notice shall also be submitted to the Board of
Medicine within one (1) month from the date of death of the
physician.
(3) At the conclusion of
a 22-month period of time from the date of the physician's death, 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
physician resided, a notice indicating to the patients of the deceased
physician that the physician's medical records will be disposed of or destroyed
one (1) month or later from the last day of the fourth week of publication of
notice.
Notes
Rulemaking Authority 456.058, 458.309 FS. Law Implemented 456.058 FS.
New 7-1-80, Formerly 21M-26.01, Amended 7-3-89, Formerly 21M-26.001, Amended 11-4-93, Formerly 61F6-26.001, Amended 1-26-97, Formerly 59R-10.001, Amended 11-11-15.
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