Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 9 - TEXAS MEDICAL BOARD
Chapter 163 - MEDICAL RECORDS
Subchapter A - GENERAL DOCUMENTATION PROVISIONS
Section 163.5 - Appointment of Record Custodian of a Physician's Records
Universal Citation: 22 TX Admin Code § 163.5
Current through Reg. 50, No. 13; March 28, 2025
(a) In accordance with §159.0061 of the Act, a custodian of records is as follows:
(1) physician death - the administrator,
executor of the estate, or other court appointed individual, unless part of a
group practice or pre-existing appointments/instructions are in
place;
(2) physician mental or
physical incapacity - individual with Power of Attorney, court appointed
individual, or legally appointed representative of the physician;
(3) other circumstances or abandonment of
records - custodian is determined on a case-by-case basis.
(b) A records custodian must:
(1) maintain the confidentiality of the
medical records;
(2) within 30 days
of appointment, provide notice of the custodianship of the records to the board
and patients by:
(A) posting visible notice in
physician's/practice office, if accessible;
(B) posting notice on a physician or practice
website, if accessible; or
(C)
posting notice in a newspaper of greatest general circulation in county where
physician practice was located.
(3) retain the medical records in accordance
with state and federal law for at least 90 days before destroying any records,
including the 30-day notice period;
(4) include the following information in the
notice:
(A) the name of custodian and contact
information;
(B) instructions as to
how patients can obtain or request transfer of medical records to another
provider;
(C) all applicable fees
to be charged for the records, in accordance with this chapter, including an
additional $25.00 custodial fee as applicable; and
(D) a statement that the records may be
destroyed after 90 days and provide destruction date.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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