1. (a) Upon retirement, termination of employment, or leaving a medical practice, a physician must provide patients reasonable notice to obtain copies of their records or arrange for the transfer of their medical records by:

   1. (1) letter or email to each patient seen in the last two years by the departing physician; and
   2. (2) posting a notice in a conspicuous location in the physician's/practice office and on the practice website at least 30 days prior to the termination, leaving, or sale or relocation of practice.

2. (b) The notice must include:

   1. (1) the date of the termination, retirement, or departure;
   2. (2) instructions as to how patients may obtain or transfer their medical records;
   3. (3) the name and location of new practice, if any; and
   4. (4) the name of another licensed physician, practice, or custodian if ownership of records is changing.
3. (c) If the physician's license is surrendered or revoked, the notice must be provided immediately in accordance with this section.

4. (d) The following physicians are exempt from providing notice to patients:

   1. (1) a locum tenens physician at a practice location for less than six months;

   2. (2) a physician who only treated the patient in the following settings:

      1. (A) a hospital, as defined under §157.051(6) of the Act;
      2. (B) an emergency room;
      3. (C) a birthing center; or
      4. (D) an ambulatory surgery center; or

   3. (3) a physician who only provided the following service:

      1. (A) anesthesia;
      2. (B) radiology; or
      3. (C) pathology.

5. (e) Responsibilities of Practice

   1. (1) A physician, physician group, or practice must provide a list of patients seen by the departing physician in the last two years for the purposes of providing notice to patients.
   2. (2) A departing physician's group or practice is not required to provide the requisite notice to patients.
   3. (3) If the departing physician's group or practice agrees to provide the requisite notices to patients, they must do so in accordance with this section.
   4. (4) No physician remaining at the group or practice may prevent or interfere with the departing physician's duties to provide notices described by this section.

Source Note:The provisions of this §163.4 adopted to be effective January 9, 2025, 50 TexReg 333.