Deciding when to retire can be difficult after building and sustaining a successful chiropractic practice. When the time comes to retire, chiropractors should be aware of the following requirements involving notifying patients, retaining records, and updating licenses.
Notifying Patients
The Iowa Administrative Code (IAC) requires that retiring chiropractors send notice of their retirement to all “active patients.” Active patients are patients that have been examined, treated, cared for, or otherwise consulted with during the one-year period before retirement.
To comply with the IAC, the retiring chiropractor must send out written notice one month before they plan to discontinue their practice. The notice must state that the chiropractor is retiring, and patients are encouraged to seek treatment from another provider. The notice must also inform patients of their right to have their treatment records transferred to a new provider and detail how patients can pick up their records, including the name and contact information of any records custodian.
Retaining Records
The IAC requires that chiropractors retain treatment records for six years after the date of the patient's last visit. If the patient is a minor, the records must be maintained for the longer of six years after their last examination or one year after the patient reaches the age of eighteen. The chiropractor must use proper safeguards to keep the records safe from damage. Additionally, a practice that maintains electronic records must also keep either a paper-copy version of the record or a backup electronic record.
In the event a patient wants to transfer their record to another provider, the retiring chiropractor must make reasonable arrangements to accommodate the transfer of the record.
When it comes time to destroy paper files, the records must be shredded, burned, or pulverized such that any protected health information is unreadable, indecipherable, and cannot be reconstructed. Electronic records can be disposed of by clearing (using software or hardware products to overwrite media with non-sensitive data), purging (exposing the media to a strong magnetic field to disrupt the recorded magnetic domains), or otherwise destroying the electronic media storing the files (disintegration, pulverization, melting, or incinerating).
Update Licensure
Retiring chiropractors should be sure to notify the Iowa Board of Chiropractic that they intend to discontinue their practice or that the practice has closed.
If you are considering retiring or are wishing to set up a succession plan, please reach out to Casey Alesch or any of the attorneys in our healthcare practice group for assistance. Special thanks to summer associate Rachel Schmit for her assistance with this blog.
