|(a) Contents of Medical Record. Regardless of the medium
utilized, each licensed physician of the board shall maintain an adequate
medical record for each patient that is complete, contemporaneous
and legible. For purposes of this section, an "adequate medical record"
should meet the following standards:
(1) The documentation of each patient encounter should
(A) reason for the encounter and relevant history,
physical examination findings and prior diagnostic test results;
(B) an assessment, clinical impression, or diagnosis;
(C) plan for care (including discharge plan if appropriate);
(D) the date and legible identity of the observer.
(2) Past and present diagnoses should be accessible
to the treating and/or consulting physician.
(3) The rationale for and results of diagnostic and
other ancillary services should be included in the medical record.
(4) The patient's progress, including response to treatment,
change in diagnosis, and patient's non-compliance should be documented.
(5) Relevant risk factors should be identified.
(6) The written plan for care should include when appropriate:
(A) treatments and medications (prescriptions and samples)
specifying amount, frequency, number of refills, and dosage;
(B) any referrals and consultations;
(C) patient/family education; and
(D) specific instructions for follow up.
(7) Include any written consents for treatment or surgery
requested from the patient/family by the physician.
(8) Include a summary or documentation memorializing
communications transmitted or received by the physician about which
a medical decision is made regarding the patient.
(9) Billing codes, including CPT and ICD-9-CM codes,
reported on health insurance claim forms or billing statements should
be supported by the documentation in the medical record.
(10) All non-biographical populated fields, contained
in a patient's electronic medical record, must contain accurate data
and information pertaining to the patient based on actual findings,
assessments, evaluations, diagnostics or assessments as documented
by the physician.
(11) Any amendment, supplementation, change, or correction
in a medical record not made contemporaneously with the act or observation
shall be noted by indicating the time and date of the amendment, supplementation,
change, or correction, and clearly indicating that there has been
an amendment, supplementation, change, or correction.
(12) Salient records received from another physician
or health care provider involved in the care or treatment of the patient
shall be maintained as part of the patient's medical records.
(13) The board acknowledges that the nature and amount
of physician work and documentation varies by type of services, place
of service and the patient's status. Paragraphs (1) - (12) of this
subsection may be modified to account for these variable circumstances
in providing medical care.
(b) Maintenance of Medical Records.
(1) A licensed physician shall maintain adequate medical
records of a patient for a minimum of seven years from the anniversary
date of the date of last treatment by the physician.
(2) If a patient was younger than 18 years of age when
last treated by the physician, the medical records of the patient
shall be maintained by the physician until the patient reaches age
21 or for seven years from the date of last treatment, whichever is
(3) A licensed physician is required to retain records
from a forensic medical examination in accordance with Section 153.003
of the Medical Practice Act.
(4) A physician may destroy medical records that relate
to any civil, criminal or administrative proceeding only if the physician
knows the proceeding has been finally resolved.
(5) Physicians shall retain medical records for such
longer length of time than that imposed herein when mandated by other
federal or state statute or regulation.
(6) Physicians may transfer ownership of records to
another licensed physician or group of physicians only if the physician
provides notice consistent with §165.5 of this title (relating
to Transfer and Disposal of Medical Records) and the physician who
assumes ownership of the records maintains the records consistent
with this chapter.
(7) Medical records may be owned by a physician's employer,
to include group practices, professional associations, and non-profit
health organizations, provided records are maintained by these entities
consistent with this chapter.
(8) Destruction of medical records shall be done in
a manner that ensures continued confidentiality.
|Source Note: The provisions of this §165.1 adopted to be effective December 29, 1997, 22 TexReg 12490; amended to be effective September 14, 2003, 28 TexReg 7703; amended to be effective March 4, 2004, 29 TexReg 1946; amended to be effective September 28, 2006, 31 TexReg 8090; amended to be effective January 20, 2009, 34 TexReg 337; amended to be effective September 19, 2010, 35 TexReg 8350; amended to be effective May 20, 2015, 40 TexReg 2665; amended to be effective November 10, 2019, 44 TexReg 6537