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; and
- 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.
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 §165.5.
Under Board rule 165.5, other licensed physicians remaining in the practice may not prevent the departing physician, required to provide notice, from posting notice and the sign.
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 165 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.
Recent changes to Board rule 165.5 have expanded the options for notification to patients.
Notification shall be accomplished by:
- either:
- posting such notice on the physician's or practice website; or
- 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
- placing written notice in the physician's office; and
- notifying patients seen in the last two years of the physician's discontinuance of practice by either:
- sending a letter to each patient; or
- sending an email to each patient, in a manner that is compliant with state and federal law.
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.
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.
When a physician retires, terminates employment, or otherwise leaves a medical practice, he or she is responsible for 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.
Board rule 165.5 states that 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.
The Notification of Departure/Closure of Practice Form is available to assist with the submission of this information to the board.
Recent changes to Board rule 165.5 have expanded the exceptions to providing notice to patients.
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 in a setting described above; or
- radiology services based on an order by a treating physician or in a setting described in above; or
- pathology services in a setting described above.