Medical Records

FOR THE PHYSICIAN:

Patient records may be stored by an electronic data system, microfilm, or similar photographic means. A licensee may destroy original paper records stored in this manner if the stored record can be reproduced without alteration from the original.

Paper records may be destroyed once they are entered into an electronic record, if the electronic record is an exact replication of the information of the paper record, and the record can be reproduced in paper form from the electronic record if requested.

PHYSICIAN RETIREMENT:

The physician’s legal responsibility to store and transfer patient records does not end simply because the doctor is leaving or closing a practice. Upon the termination of an active medical practice, K.A.R. 100-24-3 requires licensees to provide, within 30 days of the practice’s closure, the following information to the Kansas State Board of Healing Arts:

  1. The location where patient records will be stored;
  2. The name, address, and telephone number of the individual or entity designated to maintain the records; and
  3. the date the records are scheduled to be destroyed.

Please follow this link and complete the form provided.

The Kansas Medical Society (“KMS”) has provided some guidelines to help physicians when closing a practice. Here is the link: https://www.kmsonline.org/resources/practice-operations/26-general-topics/120-transitioning-a-medical-practice

The Kansas Healing Arts Act, K.S.A. 65-2801 et seq., does not address required amount of notice to patients. Please refer to the AMA Code of Medical Ethics for guidance: https://www.ama-assn.org/system/files/2019-01/code-of-medical-ethics-chapter-1_0.pdf

FOR THE PATIENT:

Each licensee is required to maintain the patient record for a minimum of 10 years from the date the licensee provided the professional service recorded. If the patient is a minor, the records are required to be maintained until the minor reaches their 19th birthday. Please follow this link for a listing of patient record locations as maintained by the Board.

Questions or concerns should be directed to:

LeeAnn Hunter-Roach
Legal Assistant to General Counsel
785-296-4502
LeeAnn.Hunter-Roach@ks.gov

Helpful Links:

https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html