(a) The board may appoint a temporary or permanent custodian for medical records abandoned by a physician when a person or entity applies with the board to be appointed record custodian.
(b) The records will be considered abandoned if they are without custodial care for a minimum of two weeks without alternative arrangements being made by the physician, the physician's legal guardian, or by the executor of the physician's estate.
(c) The record custodian appointed by the board shall take custody of and maintain the confidentiality of the physician's records, to include available medical records and billing records, according to the provisions of board rules and state statutes.
(d) The appointed record custodian shall provide the records, or copies of the records, to the patient or to the patient's designee according to board rules and state statutes. In addition to the reasonable copying fee defined in board rules, the appointed record custodian may charge an additional fee of $25.00 per patient record.
(e) The appointed record custodian shall retain care of the records for no less than 90 days and shall publish appropriate notice of pending destruction of the records for no less than 30 days prior to destruction of the records.
(f) Destruction of medical records shall be done in a manner that ensures continued confidentiality.
(g) The board may publish a Request for Bids for one entity to function as the appointed record custodian for all areas of the state. If a sole statewide contractor is not selected, the board may publish a Request for Bids for entities to function as regional appointed record custodian or a custodian may be appointed on a case by case basis.

Source Note: The provisions of this §165.4 adopted to be effective May 21, 2000, 25 TexReg 4349; amended to be effective September 19, 2002, 27 TexReg 8769; amended to be effective September 14, 2003, 28 TexReg 7703