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2003 SESSION

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CHAPTER 917 An Act to amend and reenact § 54.1-2405 of the Code of Virginia, relating to transfer or copies of patient records upon the sale or relocation of a practice. [S 799] Approved March 23, 2003

Be it enacted by the General Assembly of Virginia:

1. That § 54.1-2405 of the Code of Virginia is amended and reenacted as follows:

§ 54.1-2405. Transfer of patient records in conjunction with sale or relocation of practice; notice required.

A. No person licensed, registered, or certified by one of the health regulatory boards under the Department shall transfer records pertaining to a current patient in conjunction with the sale or relocation of a professional practice until such person has first attempted to notify the patient of the pending transfer, by mail, at the patient's last known address, and by publishing prior notice in a newspaper of general circulation within the provider's practice area. The notice shall specify that, at the written request of the patient or an authorized representative, within a reasonable time period, the records or copies will be sent to any other like-regulated provider of the patient's choice or destroyed or provided to the patient pursuant to § 32.1-127.1:03. The notice shall also disclose the charges, if any, that will be billed by the practitioner for providing the patient copies of his records. Such charges shall not exceed the actual costs of retrieving and copying the documents.

B. The charges for retrieval, copying, and mailing medical records set forth in § 8.01-413 shall not apply to requests for medical records because of a sale or relocation of a professional practice.