UNPROFESSIONAL AND DISHONORABLE CONDUCT RULES AND LAWS PERTAINING TO MEDICAL RECORDS

R4-7-902. Unprofessional or Dishonorable Conduct. Unprofessional or dishonorable conduct, as used in A.R.S. § 32- 924(A)(5), means:

  1. Failing to create an adequate patient record that includes the patient’s health history, clinical impression, examination findings, diagnostic results, x-ray films if taken, x-ray reports, treatment plan, notes for each patient visit, and a billing record. The notes for each patient visit shall include the patient’s name, the date of service, the chiropractic physician’s findings, all services rendered, and the name or initials of the chiropractic physician who provided services to the patient.
  2. Failing to maintain the information required by subsection (5) for a patient, for at least six years after the last treatment date, or for a minor, six years after the minor’s 18th birthday, or failing to provide written notice to the Board about how to access the patient records of a chiropractic practice that is closed by providing, at a minimum, the physical address, telephone number and full name of a person who can be contacted regarding where the records are maintained, for at least six years after each patient’s last treatment date or 18th birthday.
  3. Failing to: a. Release a copy of all requested patient records under subsection (5), including the original or diagnostic quality radiographic copy x-rays, to another licensed physician, the patient, or the authorized agent of the patient, within 10 business days of the receipt of a written request to do so. This subsection does not require the release of a patient’s billing record to another licensed physician. b. Release a copy of any specified portion or all of a patient’s billing record to the patient or the authorized agent of the patient, within 10 business days of the receipt of a written request to do so. c. In the case of a patient or a patient’s authorized agent who has verbally requested the patient record: i. Provide the patient record, or ii. Inform the patient or patient’s authorized agent that the record must be provided if a written request is made under subsection (7)(a) or (b). d. Return original x-rays to a licensed physician within 10 business days of a written request to do so. e. Provide free of charge, copies of patient records to another licensed physician, the patient, or the authorized agent of the patient in violation of A.R.S. Title 12, Chapter 13, Article 7.1.

29. Intentionally disposing of confidential patient information or records without first redacting all personal identifying patient information or by any means other than shredding or incinerating the information or record.

Historical Note: Adopted effective September 9, 1997 (Supp. 97-3). Amended by final rulemaking at 14 A.A.R. 502, effective April 5, 2008 (Supp. 08-1).

Note: The ACS Medical Records Protocol was updated in 2010, well after the above laws were amended, and so is current. 

 

ARIZONA REVISED STATUTES

32-924. Grounds for disciplinary action; hearing; civil penalty; definition

A. The following are grounds for disciplinary action, regardless of where they occur:

  1. Employment of fraud or deception in securing a license.
  2. Practicing chiropractic under a false or assumed name.
  3. Impersonating another practitioner.
  4. Habitual use of alcohol, narcotics or stimulants to the extent of incapacitating the licensee for the performance of professional duties.
  5. Unprofessional or dishonorable conduct of a character likely to deceive or defraud the public or tending to discredit the profession.
602-932-8113.