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Legal Q & A: Patient Records Upon Discontinuance of Practice

Question: I am a solo practitioner and I am planning to discontinue my practice of optometry at the end of the year due to family commitments. I am not accepting any new patients and I have provided written notice to my patients of my decision. Do I have any special responsibilities with regard to my patient records?

Answer: Yes. The Florida Board of Optometry has adopted Rule 64B13-3.003, Florida Administrative Code, governing various issues related to an optometrist’s patient records. Section (6) of Rule 64B13-3.003 specifically addresses patient records upon an optometrist’s retirement or the discontinuance of his or her practice. Section (6) provides that an optometrist who retires or discontinues his or her practice shall cause to be published in the newspaper of greatest general circulation in each county where the optometrist practices, a notice to his or her patients that the optometrist’s patient records are available from a specified Florida eye care practitioner [either a specifically named Florida optometrist or Florida ophthalmologist] at a certain location. This notice must be published at least once a week for 4 consecutive weeks in the newspaper of greatest general circulation in each county where the optometrist practiced. The optometrist must file a copy of the published notice with the Florida Board of Optometry. The fact that you may have previously provided this information in a letter to your patients does not relieve you from the responsibility of complying with the newspaper publication requirements of Section (6) of Rule 64B13-3.003, Florida Administrative Code.