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18 Va. Admin. Code § 85-20-26 - Patient Records

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These requirements apply to practitioners of allopathic and osteopathic medicine, podiatric medicine, and chiropractic medicine.

Practitioners must comply with the provisions related to confidentiality and disclosure of patient records that are applicable to health care entities. Practitioners must provide requested patient records to a patient, personal representative, or another practitioner in a timely manner. Practitioners must properly manage and maintain timely, accurate, legible, and complete patient records. Patient records must be maintained for at least six years after the last patient encounter, or until a minor patient reaches 18 (or becomes emancipated), whichever is longer. This record maintenance period does not apply to records that have been transferred to another provider, provided to the patient or personal representative,or that are required by contractual obligation or federal law to be maintained for a longer period of time. 

Practitioners must post information or otherwise inform all patients about the time frame for record retention and destruction. Patient records must be destroyed in a manner that protects patient confidentiality. If a practitioner is closing, selling, or relocating his or her practice, the practitioner must meet applicable requirements for giving notice that copies of records can be sent to any similarly regulated provider of the patient's choice, or provided to the patient. 



Current as of June 2015