When a physician retires, terminates employment, or otherwise leaves a medical practice, he or she is responsible for 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.
Employers of the departing physician are not required to provide notification, however, the departing physician remains responsible for providing notification consistent with the rules under §163.4.
Other licensed physicians remaining in the practice may not prevent or interfere with the departing physician's duties to provide notices described in Board rule 163.4.
A physician, physician group, or organization (professional association, non-profit health organization, etc.) may not withhold information from a departing physician, required to provide notice, that is necessary for notification of patients.
Board rule 163 in its entirety is available for review here.
The physician 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.
Notification shall be accomplished by:
- letter or email to each patient seen in the last two years by the departing physician; and
- posting a notice in a conspicuous location in the physician's/practice office and on the practice website at least 30 days prior to the termination, leaving, or sale or relocation of practice.
Board rule 163.5 states that a custodian of records is as follows:
- in case of 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;
- in case of physician mental or physical incapacity - individual with Power of Attorney, court appointed individual, or legally appointed representative of the physician;
- other circumstances or abandonment of records - custodian is determined on a case-by-case basis.
A records custodian must:
- maintain the confidentiality of the medical records;
- within 30 days of appointment, provide notice of the custodianship of the records to the board and patients by:
- posting visible notice in physician's/practice office, if accessible;
- posting notice on a physician or practice website, if accessible; or
- posting notice in a newspaper of greatest general circulation in county where physician practice was located.
- 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;
- include the following information in the notice:
- the name of custodian and contact information;
- instructions as to how patients can obtain or request transfer of medical records to another provider;
- all applicable fees to be charged for the records, in accordance with this chapter, including an additional $25.00 custodial fee as applicable; and
- a statement that the records may be destroyed after 90 days and provide destruction date.
The Custodian of Records Form is available to assist with the submission of this information to the board.
A physician is not required to provide notice of his or her discontinuation of practice to patients if the physician:
- 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; or
- only treated the patient in the following settings:
- a hospital, as defined under Texas Occupations Code Section 157.051(6);
- an emergency room;
- a birthing center; or
- an ambulatory surgery center; or
- only provided the following:
- anesthesia services; or
- radiology services; or
- pathology services.