Section Med 501.02 - Standards of Conduct(a) A licensee shall inform the board of a principal address to which all official board communications shall be directed, and also of all addresses where he or she is practicing. The establishment of a business address or the change or abandonment of a business address shall be reported to the board within 30 days.(b) A licensee shall submit only complete, truthful, and correct information in any application or other document filed with or statement made to the board.(c) A licensee shall cooperate with investigations and requests for information from the board and from other licensing or credentialing organizations.(d) A licensee shall maintain a complete and accurate medical record of all patient encounters.(e) Records shall be entirely legible and include but not be limited to:(1) A history, an exam, a diagnosis, and a plan appropriate for the licensee's specialty; and(2) Documentation of all drug prescriptions including name and dose.(f) The responsible party shall promptly honor all requests made by a patient or an authorized agent of a patient, for complete copies of the patient's medical record in accordance with the following standards:(1) The patient shall have the right to have his or her request for medical records by either themselves or an authorized agent of the patient promptly honored. The responsible party or entity that controls the medical records shall have the ultimate responsibility to comply with the request. In the case of a practice owned and controlled by a licensee, the responsible party shall be the licensee and the licensee shall be ultimately responsible for transferring copies of medical records regardless of whether the licensee had delegated this task to another person or organization. In the case of an employed licensee, the responsible party shall be the employer or organization and the ultimate responsibility for transferring copies of the medical records shall fall upon the employer or organization, pursuant to these rules and RSA 151:21, X;(2) Upon the patient's request, the responsible party shall provide copies of the medical records, either a specified portion or the entire contents depending on the patient's request, regardless of whether the licensee created the records or the records were provided to the licensee by another health care provider;(3) The responsible party may charge the actual cost of duplication for x-rays or other color photographs;(4) Upon receipt of a written release, the requested transfer of medical records shall: a. Not be delayed, including for non-payment of services or non-payment of copying costs and of costs for transmitting of medical records; andb. Be accomplished in any case within 30 days from receipt of the signed release, unless the nature of the medical treatment requires an immediate response from the licensee;(5) In the case of patients who are minors or are legally incapacitated, the responsible party shall release medical records to a third party who is legally responsible for authorizing medical treatment for the patient;(6) Medical records shall be released to that third party on the same basis that they would otherwise be for the patient if the licensee possesses written documentation establishing the legal guardianship in question; (7) The responsible party may require written authorization for release of medical records, but, in no instance, shall the responsible party require the personal appearance of the patient prior to accepting a release;(8) The licensee shall retain a complete copy of all patient medical records for at least 7 years from the date of the patient's last contact with the licensee, unless, before that date, the patient has requested that the file be transferred to another health provider;(9) If a licensee retires, moves from the area or decides to stop treating a patient or group of patients, the licensee shall:a. Provide notice to those active patients which explains that the licensee is no longer available to them;b. Ensure that their records can be transferred to another health care provider as requested by the patient; andc. Whenever possible, notice shall be provided at least 30 days prior to cessation of treatment; and(10) After transfer of the licensee's medical records which meets the requirements of (9) above, the licensee shall be relieved of further responsibility for complying with requests for copies of records.(g) A licensee shall know and have available in his or her office information regarding where patients may go to file complaints regarding their treatment or billing. Such information shall be furnished immediately upon request of the patient.(h) A licensee shall adhere to the Code of Medical Ethics:Current Opinions With Annotations (June 2016 Edition) as adopted by the American Medical Association, as cited in Appendix II. In the Code of Medical Ethics - Current Opinions With Annotations Opinion 8.19, "immediate family member" shall include cohabiting significant others or other cohabiting individuals. A licensee shall adhere to the ethical rules incorporated by reference at the time of the conduct at issue.(i) Deviation from these treatment standards shall constitute unprofessional conduct within the meaning of RSA 329:17, VI, (c) and a violation of Med 501.01(a).(j) Licensees shall register for the Controlled Drug Prescription Health and Safety Program pursuant to the requirements of RSA 318-B:33, II and Ph 1503.01(a). Failure to register shall constitute unprofessional conduct within the meaning of RSA 329:17 (d), VI pursuant to RSA 318-B:36, IV and Ph 1503.01(a) and (g).(k) Applicants shall have 90 days from the date of issuance of a license to register with the Controlled Drug Prescription Health and Safety Program. Failure to register within 90 days shall constitute unprofessional conduct within the meaning of RSA 329:17 (d), VI pursuant to Ph 1503.01(a).(l) The knowing disclosure of Controlled Drug Prescription Health and Safety Program information shall constitute unprofessional conduct within the meaning of RSA 329:17 (d), VI pursuant to RSA 318-B:36, IV.(m) The unauthorized use of the Controlled Drug Prescription Health and Safety Program information shall constitute unprofessional conduct within the meaning of RSA 329:17 (d), VI and shall be grounds disciplinary action pursuant to RSA 318-B:36, V.(n) A licensee shall not engage in the prescribing or dispensing of controlled substances in schedules II-IV without having registered with the Controlled Drug Prescription Health and Safety Program pursuant to RSA 318-B:36, III. The prescribing or dispensing of a controlled substance in schedules II-IV by a licensee who has not registered shall constitute unprofessional conduct within the meaning of RSA 329:17 (d), VI pursuant to RSA 318-B:36, III.N.H. Admin. Code § Med 501.02
#1203, eff 7-l6-78; ss by #2199, eff 12-2-82; ss by #2910, eff 11-21-84; ss by #4970, eff 11-8-90; amd by #5223, eff 9-12-91; ss by #5782, eff 2-3-94; ss by #6517, eff 5-30-97; ss by #7150, eff 12-7-99; amd by #7868, eff 4-4-03; amd by #8429, eff 9-13-05; ss by #8945, eff 7-18-07 (see Revision Note #1 at chapter heading for Med 500); ss by #9900, eff 4-12-11 (see Revision Note #2 at chapter heading for Med 500); ss by #10331, eff 5-8-13
Amended by Volume XXXV Number 49, Filed December 10, 2015, Proposed by #10876, Effective 11/6/2015, Expires5/4/2016.Amended by Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11089, Effective 5/3/2016.Amended by Volume XL Number 7, Filed February 13, 2020, Proposed by #12972, Effective 1/10/2020, Expires 1/10/2030