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

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[Editor's note: This article 270 is in a one-year wind-up period. For further explanation regarding the wind-up period, see the editor's note following the article heading.] (1) Each occupational therapist and occupational therapy assistant responsible for patient records shall develop a written plan to ensure the security of patient medical records. The plan must address at least the following:

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

  2. The disposition of patient medical records if the licensee dies, retires, or otherwiseceases to practice or provide occupational therapy services 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 occurs.

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

  2. Upon initial licensure under this article 270 and upon renewal of a license, the applicant or licensee shall attest to the director that the licensee has developed a plan in compliance with this section.

  3. A licensee who fails to comply with this section is subject to discipline in accordancewith section 12-270-114.

  4. The director may adopt rules reasonably necessary to implement this section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1401, § 1, effective October 1.

Editor's note: This section is similar to former § 12-40.5-109.5 as it existed prior to 2019.


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