1. (a) In accordance with §159.0061 of the Act, a custodian of records is as follows:

   1. (1) physician death - the administrator, executor of the estate, or other court appointed individual, unless part of a group practice or pre-existing appointments/instructions are in place;
   2. (2) physician mental or physical incapacity - individual with Power of Attorney, court appointed individual, or legally appointed representative of the physician;
   3. (3) other circumstances or abandonment of records - custodian is determined on a case-by-case basis.

2. (b) A records custodian must:

   1. (1) maintain the confidentiality of the medical records;

   2. (2) within 30 days of appointment, provide notice of the custodianship of the records to the board and patients by:

      1. (A) posting visible notice in physician's/practice office, if accessible;
      2. (B) posting notice on a physician or practice website, if accessible; or
      3. (C) posting notice in a newspaper of greatest general circulation in county where physician practice was located.
   3. (3) retain the medical records in accordance with state and federal law for at least 90 days before destroying any records, including the 30-day notice period;

   4. (4) include the following information in the notice:

      1. (A) the name of custodian and contact information;
      2. (B) instructions as to how patients can obtain or request transfer of medical records to another provider;
      3. (C) all applicable fees to be charged for the records, in accordance with this chapter, including an additional $25.00 custodial fee as applicable; and
      4. (D) a statement that the records may be destroyed after 90 days and provide destruction date.

Source Note:The provisions of this §163.5 adopted to be effective January 9, 2025, 50 TexReg 333.