N.M. Code R. § 16.10.17.9

Current through Register Vol. 35, No. 8, April 23, 2024

Section 16.10.17.9 - 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 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. The method of notification is established in Subsection C of this section.

B. The executor of the physician's estate or his designee shall notify patients within at least thirty (30) days after the death of the physician and indicate how to obtain patient records from the closed practice. The method of notification is established in Subsection C of this section.

C. Notification may be satisfied using any of the following methods:

(1) by placing a notice in at least one newspaper in the local practice area; notice should advise patients where their medical records will be stored; notice should include any pertinent information the patient may need for obtaining or transferring the records, including the name, mailing address and telephone number of a contact person with access to the stored records; notification should run a minimum of two times per month for three months to reach a maximum number of patients; or

(2) by written or electronic mail; or

(3) by individual correspondence to the patient's last known physical or electronic mail address.

D. A physician or physician group should not withhold patient lists or other information from a departing physician that is necessary for notification of patients.

E. Patients of a physician who leaves a group practice must be notified the physician is leaving, notified of the physician's new address and offered the opportunity to have their medical records transferred to the departing physician at his new practice.

F. When a practice is sold, all active patients must be notified that the physician is transferring the practice to another 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.

G. When a physician closes a practice and the practice retains an inventory of drugs, contact the board of pharmacy for proper disposition, inventory, or inspection in accordance with the Pharmacy Act, the Drug Device and Cosmetic Act, and the Controlled Substances Act.

H. A physician or group practice shall develop a procedure for closing a practice and patient notification in the event a physician becomes incompetent or deceased. This procedure shall be available upon request by the board.

I. Notification shall also be sent to the board office within at least thirty (30) days before closing by electronic mail, facsimile, or letter.

N.M. Code R. § 16.10.17.9

16.10.17.9 NMAC - N, 7/1/06; A, 1/1/09