1. (a) A licensee or other person shall maintain the record of a patient's treatment or service for a minimum of six years from the date of that treatment or service.
2. (b) If a patient was younger than age 18 when the patient last received treatment or service, a licensee or other person shall maintain a patient's records until a patient reaches age 21 or for six years from the date of last treatment or service, whichever is longer.
3. (c) If another federal or state law or rule, or business agreement requires a patient record to be maintained for a time longer than in subsections (a) and (b) of this section, a licensee or other person shall comply with that law, rule, or business agreement.
4. (d) A licensee or other person shall maintain a patient record relating to a civil, criminal, or administrative proceeding until the proceeding is finally resolved.
5. (e) A licensee or other person shall ensure patient records are securely stored to protect a patient's privacy.
6. (f) If a licensee establishes a doctor-patient relationship solely due to a licensee's employment by or contract for services with another person, a licensee's duty to maintain patient records created during the employment or contract ceases when the licensee's employment or contract ends.
7. (g) If a licensee establishes a doctor-patient relationship solely due to a licensee's participation in a partnership with another person, a licensee's duty to maintain patient records created during the partnership ceases when the licensee's participation in the partnership ends and the remaining partners continue the partnership.
8. (h) If a partnership in which a licensee is a partner dissolves, each licensee and person in the partnership is individually and jointly responsible for the maintenance of patient records unless a licensee or other person assumes that duty by written agreement.
9. (i) A licensee or other person shall reasonably notify a patient when the duty for maintaining patient records will change.
10. (j) A licensee or other person who violates this section is subject to disciplinary action.
11. (k) A licensee closing a practice shall comply with all Board rules relating to the storage and maintenance of patient records.

Source Note:The provisions of this §76.4 adopted to be effective September 13, 2020, 45 TexReg 6362.