4734-8-01 Dismissing a patient from a chiropractic practice.

(A) A doctor-patient relationship is any relationship between a chiropractic physician and a patient wherein the chiropractic physician provides professional services to the patient. Except as provided in paragraph (B) of this rule, a chiropractic physician shall comply with the following requirements in order to dismiss the doctor-patient relationship:

(1) Send notice to the patient that includes all of the following:

(a) A statement that the doctor-patient relationship is terminated;

(b) A statement that the chiropractic physician will provide emergency treatment for up to thirty days from the date the letter was mailed to allow the patient an opportunity to secure care from another chiropractic physician;

(c) An offer to transfer records to a new chiropractic physician upon receipt of a signed authorization.

(2) The notice shall be sent in one of the following ways:

(a) A letter sent via certified mail, return receipt requested, to the last address for the patient on record, with a copy of the letter, the certified mail receipt, and the mail delivery receipt maintained in the patient record;

(b) An electronic message sent via a HIPPA compliant electronic medical record system or HIPPA compliant electronic health record system that provides a means of electronic communication to the patient and is capable of sending the patient a notification that a message is in the patient's portal and confirming the message was viewed by the patient.

(c) If a notice sent via an electronic message as authorized in paragraph (A)(2)(b) of this rule is not viewed within ten days of having been sent, a letter sent in accordance with paragraph (A)(2)(a) of this rule.

(B) The requirements of paragraph (A) of this rule do not apply to the following:

(1) The chiropractic physician rendered professional services to the person on an episodic basis or in an emergency setting and the chiropractic physician should not reasonably expect that related services will be rendered to the patient in the future;

(2) The chiropractic physician formally transferred the patient's care to another chiropractic physician who is not in the same practice group;

(3) The patient terminated the relationship, either verbally or in writing, or has transferred care to another chiropractic physician and the physician maintains documentation in the patient record of the patient's action terminating the relationship.

Effective: 05/25/2014
R.C. 119.032 review dates: 05/25/2019
Promulgated Under: 119.03
Statutory Authority: 4734.10
Rule Amplifies: 4734.31