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2003 SESSION
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.