TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 4 CHIROPRACTIC
PRACTITIONERS
PART 14 MANAGEMENT
OF MEDICAL RECORDS
16.4.14.1 ISSUING AGENCY: New
Mexico Chiropractic Board, PO Box
25101, Santa Fe, New Mexico 87504.
[16.4.14.1 NMAC - Rp 16.4.14.1 NMAC, 8/10/2019]
16.4.14.2 SCOPE: Chiropractors
for licensure who must take a licensing examination for the state of New
Mexico.
[16.4.14.2 NMAC - Rp 16.4.14.2 NMAC,
8/10/2019]
16.4.14.3 STATUTORY AUTHORITY: These
rules of practice and procedure govern the practice of chiropractic in New
Mexico and are promulgated pursuant to and in accordance with the Chiropractic
Physician Practice Act, Sections 61-4-3.G and 61-4-4 NMSA 1978.
[16.4.14.3 NMAC - Rp 16.4.14.3 NMAC,
8/10/2019]
16.4.14.4 DURATION: Permanent.
[16.4.14.4 NMAC - Rp 16.4.14.4 NMAC,
8/10/2019]
16.4.14.5 EFFECTIVE DATE: August
10, 2019, unless a later date is cited at the end of a section.
[16.4.14.5 NMAC - Rp 16.4.14.5 NMAC,
8/10/2019]
16.4.14.6 OBJECTIVE: This
part establishes requirements and procedures for management of chiropractic
records.
[16.4.14.6 NMAC - Rp 16.4.14.6 NMAC,
8/10/2019]
16.4.14.7 DEFINITIONS: “Chiropractic record” means all information maintained by a
chiropractic physician relating to the past, present or future physical or
mental health of a patient, and for the provision of health care to a patient. This information includes, but is not limited
to, the chiropractic physician’s notes, reports summaries, and x-rays and
laboratory and other diagnostic test results. A patient’s complete chiropractic record
includes information generated and maintained by the chiropractic physician, as
well as information provided to chiropractic physician by the patient, by any
other physician who has consulted with or treated the patient, and other
information acquired by the chiropractic physician about the patient in
connection with the provision of health care to the patient.
[16.4.14.7 NMAC - Rp 16.4.14.7 NMAC,
8/10/2019]
16.4.14.8 RELEASE
OF CHIROPRACTIC RECORDS: Chiropractic
physicians must provide
complete copies of medical records to a patient or to another physician in a
timely manner when legally requested to do so by the patient or by a legally
designated representative of the patient. This should occur with a minimum of disruption
in the continuity and quality of medical care being provided to the patient. If the medical records are the property of a
separate and independent organization, the chiropractic physician should act as
the patient’s advocate and work to facilitate the patient’s request for
records.
A. Medical records may not be withheld because an account is overdue or a
bill for treatment medical records, or other services is owed.
B. A reasonable cost-based charge may be made for the cost of duplicating
and mailing chiropractic records. A reasonable charge is not more than $25 and
$0.25 per page. Patients may be charged
the actual cost of reproduction for electronic records and record formats other
than paper, such as x-rays. The board
will review the reasonable charge periodically. Chiropractic physicians charging for the cost
of reproduction of 16.4.1 NMAC medical records shall give consideration to the
ethical and professional duties owed to other physicians and their patients.
[16.4.14.8 NMAC - Rp 16.4.14.8 NMAC,
8/10/2019]
16.4.14.9 CLOSING,
SELLING, RELOCATING OR LEAVING A PRACTICE: Due care should be taken when closing or
departing from a practice to ensure a smooth transition from the current
chiropractic physician to the new treating physician. This should occur with a
minimum of disruption in the continuity and quality of medical care being
provided to the patient. Whenever possible, notification of patients is the
responsibility of the current treating physician.
A. Whenever possible, active patients and patients seen within the
previous three years must be notified at least 30 days before closing, selling,
relocating or leaving a practice.
B. Whenever possible, patients should be notified within at least 30 days
after the death of their chiropractic physician.
C. Notification shall be through a notice in newspaper in the local
practice area, and should include responsible entity/agent name of contact to
obtain records or request transfer of records, telephone number and mailing
address. To reach a maximum number of
patients, the notification must run a minimum of two times per month for three
months. In addition to a notice in the newspaper, notification may also be
through an individual letter to the patient’s last known address. Notification
shall also be sent to the board.
D. A chiropractic physician or chiropractic physician group should not
withhold patient lists or other information from a departing chiropractic
physician that is necessary for notification of patients.
E. Patients of a chiropractic physician who leaves a group practice must
be notified the chiropractic physician is leaving, notified of the chiropractic
physician’s new address and offered the opportunity to have their medical
records transferred to the departing chiropractic physician at his new
practice.
F. When a practice is sold, all active patients must be notified that the
chiropractic physician is transferring the practice to another chiropractic
physician or entity who will retain custody of their records and that at their
written request the records (or copies) will be sent to another physician or
entity of their choice.
[16.4.14.9 NMAC - Rp 16.4.14.9 NMAC,
8/10/2019]
16.4.14.10 RETENTION,
MAINTENANCE AND DESTRUCTION OF MEDICAL RECORDS:
A. Improper management of medical records, including failure to maintain
timely, accurate, legible and complete medical records constitutes a violation
of Paragraph (16) of Subsection A of 61-4-10 NMSA 1978 Chiropractic physicians
must post a written copy of their policy or their employer’s policy for medical
record retention, maintenance and destruction.
B. Written medical record policy shall include:
(1) responsible
entity/agent name of contact to obtain records or request transfer of records,
telephone number and mailing address;
(2) how
the records can be obtained or transferred;
(3) how
long the records will be maintained before they are destroyed; and
(4) cost
of obtaining copies of records, and of recovering records/transferring records.
C. Chiropractic physicians must retain medical records that they own for at least two
years beyond what is required by state insurance laws and by medicare and
medicaid regulations. Medical records
for patients who are minors must be retained for at least two years beyond the
date that the patient is 18 years old.
D. A log must be kept of all charts destroyed, including the patient’s
name and date of record destruction.
[16.4.14.10 NMAC - Rp 16.4.14.10 NMAC,
8/10/2019]
HISTORY
OF 16.4.14 NMAC: [RESERVED]
History of Repealed
Material: 16.4.14 NMAC, Management Of
Medical Records filed 7/9/2008, Repealed
effective 8/10/2019.
Other
History:
16.4.14 NMAC, Management Of Medical Records filed 7/9/2008 was replaced by 16.4.14 NMAC, Management
Of Medical Records filed 7/9/2008 effective
8/10/2019.