7.3 Records on Relocation, Termination of Practice or Death of the Practitioner
Key Takeaways
- Within 90 days of a dentist's death, the estate or agent must place all patient records in the care of another Florida licensed dentist.
- Within 90 days of a dentist's death, the estate or agent must publish notice in the newspaper of greatest general circulation in the county where the dentist practised, appearing at least once a week for four consecutive weeks.
- For termination or relocation of practice outside the local telephone directory service area, notice must be published within one month, again once a week for four consecutive weeks.
- A dentist who relocates but keeps a listing in the same local telephone directory must post notice at the practice location for one month before relocating.
- Records must be made available at a location within the county where the dentist practises or practised, and at reasonable times.
When the Practice Ends or Moves — Rule 64B5-17.001, F.A.C.
This rule is adopted under s. 456.058, F.S. (disposition of records of deceased practitioners or those relocating or terminating practice) and s. 466.004(4). Note again the correct citation: Rule 64B5-17.001, in the Dental Practice and Principles chapter — not Rule Chapter 64B5-15, which is the Fee Schedule.
Death of the practitioner — Rule 64B5-17.001(2)
Two separate obligations both run on a 90-day clock from the dentist's death.
1. Transfer of custody. "Within 90 days of a dentist's death, the dentist's estate or agent shall place all patient records of the deceased dentist in the care of another Florida licensed dentist."
2. Newspaper notice. "Within 90 days of a dentist's death the dentist's estate or agent shall cause a notice to be published in the newspaper of greatest general circulation in the county where the dentist practiced which advises patients of the dentist's death."
The notice must:
- Advise patients that they may obtain copies of their dental records;
- Specify the name, address and telephone number of the person from whom copies may be obtained; and
- Appear at least once a week for four consecutive weeks.
Retention. The records of the deceased dentist "shall be maintained and made available to patients for a period of 4 years."
Subsequent transfers. The subsequent Florida-licensed dentist must publish a similar notice whenever the deceased dentist's records are later transferred to another Florida-licensed dentist, if that transfer occurs within 4 years of the dentist's death.
Possession during the retention period. During the four-year retention period, each Florida-licensed dentist in possession of the records must ensure that the original records remain in his possession — or, where the patient has requested release or transfer, copies thereof.
Termination or relocation of practice — Rule 64B5-17.001(3) and (4)
Retention. "Dental records of a practitioner who is terminating or relocating his practice shall be retained by the dentist or his authorized agent, which may be a successor-owner dentist, and made available to patients for 4 years from the date the patient was last examined or treated."
Notice. "Within one month of a dentist's termination of practice or relocation of practice outside the local telephone directory service area of his or her current practice, a notice shall be published in the newspaper of greatest general circulation in the county where the dentist practiced which advises patients of the dentist's termination of practice or relocation." The notice must advise patients that they may obtain copies of their dental records, specify the name, address and telephone number of the person from whom copies may be obtained, and appear at least once a week for 4 consecutive weeks.
The in-area relocation alternative — subsection (5). "If a dentist relocates his practice but maintains a listing in the same local telephone directory used in his previous practice location, notice of relocation shall be clearly posted at his practice location for one month prior to relocation. The notice shall state the date of relocation and the address to which the office is being relocated."
So a short move within the same directory area substitutes a posted notice for a published one — and that posting must be before the move, not after.
Where records must be available — Rule 64B5-17.001(6)
"Records shall be made available at a location within the county where the dentist practices or practiced and shall be made available at reasonable times." A custodian cannot satisfy the obligation by holding the records in a distant county or by offering access only by appointment weeks out.
Confidentiality survives — Rule 64B5-17.001(1)
As covered in section 7.2, the custodian's role is custody, not review. Estates, authorised agents and successor-owner dentists may review only enough to obtain name, address and last date of treatment in order to comply with the notice obligations.
Comparison table
| Event | Custody deadline | Notice deadline | Notice method | Frequency | Retention |
|---|---|---|---|---|---|
| Death of dentist | 90 days — records to another Florida licensed dentist | 90 days | Published in newspaper of greatest general circulation in the county of practice | Once a week for 4 consecutive weeks | 4 years |
| Termination of practice | Retained by dentist or authorised agent (may be successor-owner) | One month | Published, as above | Once a week for 4 consecutive weeks | 4 years from last examination or treatment |
| Relocation outside the local directory service area | As above | One month | Published, as above | Once a week for 4 consecutive weeks | 4 years |
| Relocation within the same local directory area | As above | One month before relocating | Posted at the practice location | Continuous for one month | 4 years |
| Subsequent transfer within 4 years of death | On transfer | On transfer | Published, similar notice | Once a week for 4 consecutive weeks | Balance of the 4 years |
The number to fix in memory is 90 days for death. A 30-day figure applies to termination and relocation (as "within one month"), and a 30-day figure also appears in an unrelated provision — s. 466.034, F.S., which requires a dental laboratory to report a change of ownership or address within 30 days. Keeping the three apart is exactly the kind of discrimination the FDLR tests.
Interaction with practice ownership law
Chapter 466 contains no provision permitting a deceased dentist's estate to own or operate the dental practice for a transitional period. Section 466.0285 restricts ownership, employment of dentists, and control of clinical judgment to licensed dentists and to professional corporations or limited liability companies composed of dentists, without any estate exception, and s. 466.0285(3) makes a violation a third-degree felony. What Florida law does provide for is the orderly transfer of records under Rule 64B5-17.001 — a records rule, not an ownership licence. Section 8.2 covers proprietorship in full.
Within how long after a dentist's death must the estate or agent place all patient records in the care of another Florida licensed dentist?
A dentist relocates her office six blocks away and keeps her listing in the same local telephone directory. What does Rule 64B5-17.001(5), F.A.C., require?
Where must a records custodian make a former practice's dental records available under Rule 64B5-17.001(6), F.A.C.?