HB1524: Health record retention; practitioners to maintain records for a minimum of six years.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend the Code of Virginia by adding in Article 1 of Chapter 29 of Title 54.1 a section numbered 54.1-2910.4, relating to health record retention.
[H 1524]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 29 of Title 54.1 a section numbered 54.1-2910.4 as follows:

§ 54.1-2910.4. Health record retention.

Practitioners licensed under this chapter shall maintain health records, as defined in § 32.1-127.1:03, for a minimum of six years following the last patient encounter. However, such practitioners are not required to maintain health records for longer than 12 years from the date of creation except for (i) health records of a minor child, including immunizations, which shall be maintained until the child reaches the age of 18 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 or (ii) health records that are required by contractual obligation or federal law to be maintained for a longer period of time. Health records that have previously been transferred to another practitioner or health care provider or provided to the patient or his personal representative are not required to be maintained beyond such transfer or provision.


HOUSE BILL NO. 1524
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health
on March 1, 2018)
(Patron Prior to Substitute--Delegate Ingram)
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 29 of Title 54.1 a section numbered 54.1-2910.4, relating to health record retention.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 29 of Title 54.1 a section numbered 54.1-2910.4 as follows:

§ 54.1-2910.4. Health record retention.

Practitioners licensed under this chapter shall maintain health records, as defined in § 32.1-127.1:03, for a minimum of six years following the last patient encounter. However, such practitioners are not required to maintain health records for longer than 12 years from the date of creation except for (i) health records of a minor child, including immunizations, which shall be maintained until the child reaches the age of 18 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 or (ii) health records that are required by contractual obligation or federal law to be maintained for a longer period of time. Health records that have previously been transferred to another practitioner or health care provider or provided to the patient or his personal representative are not required to be maintained beyond such transfer or provision.


HOUSE BILL NO. 1524
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Health, Welfare and Institutions
on February 6, 2018)
(Patron Prior to Substitute--Delegate Ingram)
A BILL to direct the Board of Medicine to amend regulations related to retention of patient records; time.

Be it enacted by the General Assembly of Virginia:

1. § 1. That any health care provider that provides professional services in a family medical practice with locations in the Cities of Colonial Heights and Hopewell that has provided health care services since 1955 and currently maintains all records created since May 2006 in electronic format and all records of current patients created prior to May 2006 in paper format may destroy paper versions of records created prior to May 2006 other than paper records of patients who have not yet reached the age of 18 and shall not be subject to disciplinary action for such action. Paper records of patients who have not yet reached the age of 18 shall be maintained until such time as the patient reaches the age of 18.

HOUSE BILL NO. 1524

Offered January 19, 2018
A BILL to direct the Board of Medicine to amend regulations related to retention of patient records; time.
Patron-- Ingram

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. § 1. That the Board of Medicine shall amend regulations governing retention of patient records by health practitioners to require health care providers to maintain patient records (i) for a minimum of 10 years from the date the record was created for an adult patient and (ii) until the patient reaches the age of 18 or becomes emancipated, with a minimum time for record retention of 10 years from the date the record was created, for records of a minor child patient.