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PHYSICIAN
RETIREMENT

Physicians Upon Retirement

Transfer and Disposal of Medical Recent changes to Board rule 165.5 have ex- available to patients, specifying who has cus-
Records panded the options for notification to patients. todianship of the records, and how the med-
When a physician retires, terminates em- Notification shall be accomplished by: ical records may be obtained.
ployment, or otherwise leaves a medical prac- • either: Board rule 165.5 states that a copy of the
tice, he or she is responsible for: o posting such notice on the physician's posted notices shall be submitted to the
• ensuring that patients receive reasonable or practice website; or board within 30 days from the date of termi-
notification and are given the opportunity o publishing notice in the newspaper of nation, sale, or relocation of the practice.
to obtain copies of their records or greatest general circulation in each The Notification of Departure/Closure of
arrange for the transfer of their medical county in which the physician prac- Practice Form is available to assist with the
records to another physician; and tices or practiced and in a local news- submission of this information to the board.
• notifying the board when they are termi- paper that serves the immediate
nating practice, retiring, or relocating, and practice area; and Exceptions
therefore no longer available to patients, • placing written notice in the physician's Recent changes to Board rule 165.5 have
specifying who has custodianship of the office; and expanded the exceptions to providing notice
records, and how the medical records may • notifying patients seen in the last two to patients.
be obtained. years of the physician's discontinuance of A physician is not required to provide no-
Employers of the departing physician are practice by either: tice of his or her discontinuation of practice
not required to provide notification, how- o sending a letter to each patient; or to patients if the physician:
ever, the departing physician remains respon- o sending an email to each patient, in a • treated the patient while in a locum
sible for providing notification consistent manner that is compliant with state tenens position at a practice location for
with the rules under §165.5. and federal law. a period of no longer than six months at
Under Board rule 165.5, other licensed A copy of the posted notices shall be sub- that location. For the purpose of this sec-
physicians remaining in the practice may mitted to the board within 30 days from the tion, "locum tenens" is defined as a posi-
not prevent the departing physician, re- date of termination, sale, or relocation of the tion in which a physician is employed or
quired to provide notice, from posting no- practice. contracted on a temporary or substitute
tice and the sign. Notices placed in the physician's office basis to provide physician services; or
A physician, physician group, or organiza- shall be placed in a conspicuous location in • only treated the patient in the following
tion (professional association, non-profit or on the facade of the physician's office, a settings:
health organization, etc.) may not withhold sign, announcing the termination, sale, or re- o a hospital, as defined under Texas Oc-
information from a departing physician, re- location of the practice. The sign shall be cupations Code Section 157.051(6);
quired to provide notice, that is necessary for placed at least thirty days prior to the termi- o an emergency room;
notification of patients. nation, sale or relocation of practice and shall o a birthing center; or
remain until the date of termination, sale or o an ambulatory surgery center; or
Patient Notification relocation. • only provided the following:
The physician shall provide notice to pa- o anesthesia services in a setting de-
tients of when the physician intends to ter- Notification to the Board scribed above; or
minate the practice, retire or relocate, and When a physician retires, terminates em- o radiology services based on an order by
will no longer be available to patients, and ployment, or otherwise leaves a medical prac- a treating physician or in a setting de-
offer patients the opportunity to obtain a tice, he or she is responsible for notifying the scribed in above; or
copy of their medical records or have their board when they are terminating practice, re- o pathology services in a setting de-
records transferred. tiring, or relocating, and therefore no longer scribed above.

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