Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 9 - TEXAS MEDICAL BOARD
Chapter 165 - MEDICAL RECORDS
Section 165.5 - Transfer and Disposal of Medical Records
Universal Citation: 22 TX Admin Code ยง 165.5
Current through Reg. 49, No. 38; September 20, 2024
(a) Required Notification of Discontinuance of Practice. Except as provided for in subsection (f) of this section, when a physician retires, terminates employment, or otherwise leaves a medical practice, he or she is responsible for:
(1)
ensuring that patients receive reasonable notification and are given the
opportunity to obtain copies of their records or arrange for the transfer of
their medical records to another physician; and
(2) notifying the board when they are
terminating practice, retiring, or relocating, and therefore no longer
available to patients, specifying who has custodianship of the records, and how
the medical records may be obtained.
(3) Employers of the departing physician as
described in §
165.1(b)(6)
of this chapter are not required to provide notification, however, the
departing physician remains responsible for providing notification consistent
with this section.
(b) Method of Notification.
(1) Except as
provided for in subsection (f) of this section, when a physician retires,
terminates employment, or otherwise leaves a medical practice, he or she shall
provide notice to patients of when the physician intends to terminate the
practice, retire or relocate, and will no longer be available to patients, and
offer patients the opportunity to obtain a copy of their medical records or
have their records transferred.
(2)
Notification shall be accomplished by:
(A)
either:
(i) posting such notice on the
physician's or practice website; or
(ii) publishing notice in the newspaper of
greatest general circulation in each county in which the physician practices or
practiced and in a local newspaper that serves the immediate practice area;
and
(B) placing written
notice in the physician's office; and
(C) notifying patients seen in the last two
years of the physician's discontinuance of practice by either:
(i) sending a letter to each patient;
or
(ii) sending an email to each
patient, in a manner that is compliant with state and federal law.
(3) A copy of the posted
notices shall be submitted to the Board within 30 days from the date of
termination, sale, or relocation of the practice.
(4) Notices placed in the physician's office
shall be placed in a conspicuous location in or on the facade of the
physician's office, a sign, announcing the termination, sale, or relocation of
the practice. The sign shall be placed at least thirty days prior to the
termination, sale or relocation of practice and shall remain until the date of
termination, sale or relocation.
(c) Prohibition Against Interference.
(1) Other licensed physicians remaining in
the practice may not prevent the departing physician from posting notice and
the sign, unless the departing physician is excepted from providing notice of
his or her departure under subsection (f) of this section.
(2) A physician, physician group, or
organization described in §
165.1(b)(6)
of this title (relating to Medical Records) may not withhold information from a
departing physician that is necessary for notification of patients, unless the
departing physician is excepted from providing notice of his or her departure
under subsection (f) of this section.
(d) Voluntary Surrender or Revocation of Physician's License.
(1) Except as provided
for in subsection (f) of this section, physicians who have voluntarily
surrendered their licenses or have had their licenses revoked by the board must
notify their patients, consistent with subsection (b) of this section, within
30 days of the effective date of the voluntary surrender or
revocation.
(2) Physicians who have
voluntarily surrendered their licenses or have had their licenses revoked by
the board must obtain a custodian for their medical records to be approved by
the board within 30 days of the effective date of the voluntary surrender or
revocation.
(e) Criminal Violation. A person who violates any provision of this chapter is subject to criminal penalties pursuant to §165.151 of the Act.
(f) Exceptions to Required Notification of Discontinuance of Practice. A physician is not required to provide notice of his or her discontinuation of practice to patients as required in subsection (b) of this section if the physician:
(1)
treated the patient while in a locum tenens position at a practice location for
a period of no longer than six months at that location. For the purpose of this
section, "locum tenens" is defined as a position in which a physician is
employed or contracted on a temporary or substitute basis to provide physician
services;
(2) only treated the
patient in the following settings:
(A) a
hospital, as defined under Texas Occupations Code Section
157.051(6);
(B) an emergency room;
(C) a birthing center; or
(D) an ambulatory surgery center;
or
(3) only provided the
following:
(A) anesthesia services in a
setting described in paragraph (2) of this subsection; or
(B) radiology services based on an order by a
treating physician or in a setting described in paragraph (2) of this
subsection; or
(C) pathology
services in a setting described in paragraph (2) of this subsection.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
