10.01.16.06

.06 Instructions for Handling Medical Records Upon Discontinuation of Medical Practice.

A. At the time a health care provider discontinues medical practice, the health care provider shall immediately secure the medical records until one of the following options are taken:

(1) Medical records may be transferred to a health care provider who will be assuming the medical practice;

(2) Medical records may be given to the patient;

(3) At the patient's direction, the medical record may be transferred to a new health care provider; or

(4) Medical records may be destroyed in accordance with §B of this regulation, Regulation .07 of this chapter, or both.

B. On the death, retirement, surrender of license, or discontinuance of the practice or business of a health care provider, the administrator of the estate or a designee, who:

(1) Agrees to provide for the maintenance of the medical records of the practice; and

(2) States in writing to the appropriate health occupations board within a reasonable time that the medical records will be maintained in compliance with this chapter, shall:

(a) Publish a notice in a daily newspaper that is circulated locally for 2 consecutive weeks:

(i) Stating that the medical records will be destroyed or transferred; and

(ii) Designating a location, date, and time when the medical records may be retrieved by the person in interest; or

(b) Forward the notice required in §B(2)(a), of this regulation, to the patient in the following manner:

(i) In the case of an adult, the notification shall be sent by first-class mail to the last known address of the patient; or

(ii) In the case of a minor, notification shall be sent by first-class mail to the last known address of the parent or guardian, or if the medical care documented was provided under Health-General Article, §20-102(c) or 20-103(c), Annotated Code of Maryland, notification shall be given to the minor, by certified mail, addressee only.