| (a) A licensee or other person shall maintain the record
of a patient's treatment or service for a minimum of six years from
the date of that treatment or service.
(b) If a patient was younger than age 18 when the patient
last received treatment or service, a licensee or other person shall
maintain a patient's records until a patient reaches age 21 or for
six years from the date of last treatment or service, whichever is
longer.
(c) If another federal or state law or rule, or business
agreement requires a patient record to be maintained for a time longer
than in subsections (a) and (b) of this section, a licensee or other
person shall comply with that law, rule, or business agreement.
(d) A licensee or other person shall maintain a patient
record relating to a civil, criminal, or administrative proceeding
until the proceeding is finally resolved.
(e) A licensee or other person shall ensure patient
records are securely stored to protect a patient's privacy.
(f) If a licensee establishes a doctor-patient relationship
solely due to a licensee's employment by or contract for services
with another person, a licensee's duty to maintain patient records
created during the employment or contract ceases when the licensee's
employment or contract ends.
(g) If a licensee establishes a doctor-patient relationship
solely due to a licensee's participation in a partnership with another
person, a licensee's duty to maintain patient records created during
the partnership ceases when the licensee's participation in the partnership
ends and the remaining partners continue the partnership.
(h) If a partnership in which a licensee is a partner
dissolves, each licensee and person in the partnership is individually
and jointly responsible for the maintenance of patient records unless
a licensee or other person assumes that duty by written agreement.
(i) A licensee or other person shall reasonably notify
a patient when the duty for maintaining patient records will change.
(j) A licensee or other person who violates this section
is subject to disciplinary action.
(k) A licensee closing a practice shall comply with
all Board rules relating to the storage and maintenance of patient
records.
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