Law / United States / 
Delaware
Medical Practice Act: change of physician, transfer of and patient access to patient records
Del. Code Ann. tit. 24, § 1761
In force.
A data subject rights rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Data subject rights, Retention, Disclosure
- Audit expectation
- none
As of .
What it requires
- If you are certified to practice medicine in Delaware and a patient changes to another certified physician, transfer a copy of the patient's records to the current physician on the request of either the current physician or the patient. You may charge the reasonable copying expenses under the Board of Medical Licensure and Discipline's payment schedule and the actual cost of postage or shipping, or, if the patient and the current physician agree, send a summary of the record at no charge to the patient.
- Give a patient who asks a copy of the patient's own medical records, for the charges under the Board's payment schedule and the actual cost of shipping, within 45 days from the closure of the record or the assembly of a complete record unless a faster response is medically necessary. You may require payment of costs before furnishing the copies, except for copies requested to make or complete an application for a disability benefits program.
- If a patient leaves your care without notifying you, or does not request a transfer, maintain the patient's records for 7 years from the last entry date, and permanently dispose of them only in a manner that insures the confidentiality of the records.
- If you are discontinuing a medical-practice business in Delaware, leaving the State, or terminating a patient-physician relationship and are not transferring patient records to another certified physician, notify your affected patients of record no less than 30 days before the discontinuation of physician services, by an electronic message through the electronic medical record system if the patient is enrolled to receive messages through one and by a letter sent by first-class mail. The notice must say how the patient can obtain the patient's records, give the name, phone number and address of other health-care providers in the area who may accept new patients, and state the date you will discontinue services. If you are closing a practice and the records will no longer be available at your place of business, also give the Board of Medical Licensure and Discipline notice of how former patients may obtain medical records.
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Board of Medical Licensure and Discipline, which may find a violation to be unprofessional conduct, and the Attorney General, who enforces the medical practice chapter (24 Del. C. sections 1761(g) and 1766(d)); an aggrieved patient may also sue.
What this law does
Under section 1761(c) of title 24, when a patient changes from one person certified to practice medicine to another, the former physician must transfer a copy of the patient's records to the current physician on the request of either the current physician or the patient.
Under section 1761(d) of title 24, patients, on their own behalf, have the right to obtain a copy of their medical records from any person certified to practice medicine according to a payment schedule the Board of Medical Licensure and Discipline establishes.
Under section 1761(l) of title 24, a person certified to practice medicine has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for medical records unless a faster response is medically necessary.
Under section 1761(c) of title 24, if a patient changes care to another physician and fails to notify the former physician, or fails to request the transfer of records, the former physician must maintain the patient's records for 7 years from the last entry date, after which the records may be permanently disposed of in a manner that insures confidentiality of the records. Section 1 of chapter 161 of volume 84 of the Laws of Delaware amended section 1761 of title 24.
Chapter 161 of volume 84 of the Laws of Delaware was approved and took effect 6 months after its enactment, on .
Since , section 1761(a) requires the notice to patients about a physician's discontinuation of services to include how the patient can obtain the patient's records, the name, phone number and address of other health-care providers in the area who may be available to accept new patients, and the date the physician will discontinue services, and to be provided by an electronic message through any electronic medical record system in which the patient is enrolled and by a letter sent by first class mail.
Since , section 1761(a)(5) requires a physician who is closing a medical practice, when patient medical records will no longer be available at the physician's place of business, to give the Board of Medical Licensure and Discipline notice of how former patients may obtain medical records.
A person certified to practice medicine who violates section 1761 of title 24 may be found by the Board to have committed unprofessional conduct, and an aggrieved patient or the patient's personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.
When LexLint raises it
When your app profile says your app handles health records.