Code of Massachusetts Regulations
249 CMR - BOARD OF REGISTRATION IN PODIATRY
Title 249 CMR 5.00 - Ethical Standards And Professional Conduct
Section 5.05 - Podiatrist's Responsibility to the Patient

Universal Citation: 249 MA Code of Regs 249.5

Current through Register 1531, September 27, 2024

(1) A licensee shall maintain a podiatric record for each of his or her office patient(s) only, which is adequate to enable the licensee to provide proper diagnosis and treatment. A licensee must maintain a patient's podiatric medical record for five years from the date of the last visit provided that the patient was seen in the podiatrist's office. In lieu of maintaining the patient's records, the podiatrist may choose to turn over the office chart or a copy of the original chart to the patient. A registered podiatrist is not responsible for any patient records of any kind if the patient was not seen in the podiatrist's office.

(2) A licensee shall provide a patient or, upon patient's request, another licensee or another specifically authorized person, with the following, provided that the entire chart or a copy of the entire chart has not already been surrendered to the patient:

(a) A summary which includes all relevant data, of that portion of the patient's podiatric medical record which is in the licensee's possession, or a copy of that portion of the patient's entire podiatric medical record which is in the licensee's possession. It is within the licensee's discretion to determine whether to make available a summary or a copy of the entire podiatric medical record.

(b) A copy of any previously completed report required for third party reimbursement.

(3) A licensee may charge a reasonable fee for the expense of providing the material enumerated in 249 CMR 5.05(2); however, a licensee may not require prior payment of the charges for the podiatric medical services to which such material relates as a condition for making it available.

(4) The podiatrist will not subject any patient for examination or treatment for research, educational or informational purposes without the patient's written approval.

(5) No patient shall be treated for a new or preexisting condition without the benefit of an evaluation and management service, which shall be performed by the treating podiatrist.

(6) Privacy will be afforded the patient during the podiatric medical treatment or other rendering of care within the capacity of the office or other facility to provide.

(7) The podiatrist will obtain informed consent of the patient to the extent provided by law.

(8) The patient may, upon request, examine and receive an explanation of his bill, including laboratory charges, pharmaceutical charges and third party credits regardless of the source of payment.

(9) The patient will be afforded the confidentiality of all office records and communications to the full extent provided by law.

(10) The patient shall have all reasonable requests responded to promptly, courteously and adequately within the capacity of the podiatrist to respond.

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