Protection of medical records - licensee's obligations - verification of compliance - noncompliance grounds for discipline - rules.

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(1) Each licensed physician and physician assistant shall develop a written plan to ensure the security of patient medical records.

The plan shall address at least the following:

  1. The storage and proper disposal, if appropriate, of patient medical records;

  2. The disposition of patient medical records in the event the licensee dies, retires, orotherwise ceases to practice or provide medical care to patients; and

  3. The method by which patients may access or obtain their medical records promptly ifany of the events described in subsection (1)(b) of this section occur.

  1. Upon initial licensure under this article 240 and upon renewal of a license, the applicant or licensee, as applicable, shall attest to the board that he or she has developed a plan in compliance with this section.

  2. A licensee shall inform each patient, in writing, of the method by which the patientmay access or obtain his or her medical records if an event described in subsection (1)(b) of this section occurs.

  3. A licensee who fails to comply with this section shall be subject to discipline inaccordance with section 12-240-125.

  4. The board may adopt rules as necessary to implement this section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1219, § 1, effective October 1.

Editor's note: This section is similar to former § 12-36-140 as it existed prior to 2019.


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