32-934. Business entities; medical records protocol; exemptions; violation; classification

A. A business entity may not offer chiropractic services pursuant to this chapter unless the business entity establishes a written protocol for the secure storage, transfer and access of the medical records of the business entity's patients. This protocol must include, at a minimum, procedures for:

1. Notifying patients of the future locations of their records if the business entity terminates or sells the practice.

2. Disposing of unclaimed medical records.

3. The timely response to requests by patients for copies of their records.

B. This section does not apply to:

1. A facility owned by a person who is licensed pursuant to this chapter.

2. A sole proprietorship or partnership that consists of persons who are licensed pursuant to this chapter.

3. A professional corporation or professional limited liability company, the shares of which are owned by persons who are licensed pursuant to this chapter.

4. An administrator or executor of the estate of a deceased doctor of chiropractic or a person who is legally authorized to act for a doctor of chiropractic who has been adjudicated to be mentally incompetent for not more than one year after the date of the doctor of chiropractic's death or incapacitation.

5. A health care institution that is licensed pursuant to title 36.

C. A business entity that offers chiropractic services pursuant to this chapter without complying with the requirements of this section is guilty of a class 6 felony.

32-934. Business entities; medical records protocol; exemptions; violation; classification

A. A business entity may not offer chiropractic services pursuant to this chapter unless the business entity establishes a written protocol for the secure storage, transfer and access of the medical records of the business entity's patients. This protocol must include, at a minimum, procedures for:

1. Notifying patients of the future locations of their records if the business entity terminates or sells the practice.

2. Disposing of unclaimed medical records.

3. The timely response to requests by patients for copies of their records.

B. This section does not apply to:

1. A facility owned by a person who is licensed pursuant to this chapter.

2. A sole proprietorship or partnership that consists of persons who are licensed pursuant to this chapter.

3. A professional corporation or professional limited liability company, the shares of which are owned by persons who are licensed pursuant to this chapter.

4. An administrator or executor of the estate of a deceased doctor of chiropractic or a person who is legally authorized to act for a doctor of chiropractic who has been adjudicated to be mentally incompetent for not more than one year after the date of the doctor of chiropractic's death or incapacitation.

5. A health care institution that is licensed pursuant to title 36.

C. A business entity that offers chiropractic services pursuant to this chapter without complying with the requirements of this section is guilty of a class 6 felony.