N.M. Admin. Code § 16.12.10.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.12.10.9 - 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 practitioner to the new treating practitioner. This should occur with a minimum of disruption in the continuity and quality of medical care being provided to the patient.

A. Active patients and patients seen within the previous three years should be notified 90 days before closing, selling, relocating or leaving a practice.

B. Patients should be notified within 90 days after the death of their practitioner.

C. Notification should be through an individual letter at the patient's last known address, and a notice in newspaper in local practice area (may be several times over a period of time). Notification should also be sent to the Board.

D. Notification should 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;

(4) cost of recovering records/transferring records; and

(5) whenever possible notification is the responsibility of the transferring or retiring practitioner.

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

F. Patients of a practitioner who leaves a group practice should be notified the practitioner is leaving, notified of the practitioner new address and offered the opportunity to have their medical records transferred to the departing practitioner at his/her new practice.

G. When a practice is sold, all active patients should be notified that the practitioner is transferring the practice to another practitioner of entity who will retain custody of their records and that at their written request the records (or copies) will be sent to another practitioner or entity of their choice.

H. Failure to notify patients of closing, selling, relocating or leaving a practice may be a violation of the nursing practice act and disciplinary action can occur (16.12.1.9 NMAC).

N.M. Admin. Code § 16.12.10.9

16.12.10.9 NMAC - N, 02-17-06