Fla. Admin. Code Ann. R. 64B9-11.002 - Medical Records of Nurses Relocating or Terminating Practice
(1) The Board of Nursing and the Legislature
recognize the need for maintenance and retention of medical records in order to
protect and serve clients/patients. For that reason, the Legislature has
directed the Board of Nursing to promulgate rules setting standards that will
provide a minimum requirement for retention and disposition of client/patient
records of nurses relocating and terminating practice. However, the Board of
Nursing is concerned that the promulgation of these rules may mislead the
licensed nurses. Subsection (2) of this rule sets forth standards which, if not
met, will constitute a violation of sections
456.058 and
464.018, F.S., and will subject
the nurse to disciplinary proceedings. Nurses should retain medical records as
long as needed not only to serve and protect clients/patients, but also to
protect themselves against adverse actions. The times specified in subsection
(2), below, may well be less than the length of time necessary for protecting
the nurses. Furthermore, the times stated may fall below the community
standards for retention in specific communities and practice settings and for
specific client/patient needs. For these purposes, nurses may wish to seek
advice from private legal counsel or their insurance carrier.
(2) Each Registered Nurse or Advanced
Practice Registered Nurse engaged in private practice, who maintains possession
of client/patient medical records, shall, when terminating or relocating
practice in such a manner as to no longer be reasonably available to
clients/patients, notify each client/patient of such termination or relocation
and unavailability. Such notification shall consist of at least causing to be
published, in the newspaper of greatest general circulation in each county in
which the nurse 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 nurse shall place in a conspicuous location
in or on the facade of the nurse'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. Furthermore, each such licensee shall see that client/patient records
are maintained and may be obtained by the client/patient for a minimum of 2
years after the termination or relocation of practice.
Notes
Rulemaking Authority 456.058 FS. Law Implemented 456.058 FS.
New 6-6-90, Formerly 21O-22.002, 61F7-11.002, 59S-11.002, Amended 1-9-12, 7-30-19.
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