18 Va. Admin. Code § 85-40-86

Current through Register Vol. 41, No. 10, December 30, 2024

Section 18VAC85-40-86 - [Effective 2/13/2025] Patient records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. Practitioners shall provide patient records to another practitioner or to the patient or the patient's personal representative in a timely manner in accordance with provisions of § 32.1-127.1:03 of the Code of Virginia.

C. Practitioners shall properly manage and keep timely, accurate, legible, and complete patient records.

D. Practitioners who are employed by a health care institution or other entity in which the individual practitioner does not own or maintain the practitioner's own records shall maintain patient records in accordance with the policies and procedures of the employing entity.

E. Practitioners who are self-employed or employed by an entity in which the individual practitioner owns and is responsible for patient records shall maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:

1. Records of a minor child, including immunizations, shall be maintained until the child reaches 18 years of age or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of the age of the child;

2. Records that have previously been transferred to another practitioner or health care provider or provided to the patient or the patient's personal representative; or

3. Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

18 Va. Admin. Code § 85-40-86

Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; Amended, Virginia Register Volume 41, Issue 10, eff. 2/13/2025.

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.