(a) Required Notification of Discontinuance of Practice. Except as provided for in subsection (f) of this section, when a physician retires, terminates employment, or otherwise leaves a medical practice, he or she is responsible for:
  (1) ensuring that patients receive reasonable notification and are given the opportunity to obtain copies of their records or arrange for the transfer of their medical records to another physician; and
  (2) notifying the board when they are terminating practice, retiring, or relocating, and therefore no longer available to patients, specifying who has custodianship of the records, and how the medical records may be obtained.
  (3) Employers of the departing physician as described in §165.1(b)(6) of this chapter are not required to provide notification, however, the departing physician remains responsible for providing notification consistent with this section.
(b) Method of Notification.
  (1) Except as provided for in subsection (f) of this section, when a physician retires, terminates employment, or otherwise leaves a medical practice, he or she shall provide notice to patients of when the physician intends to terminate the practice, retire or relocate, and will no longer be available to patients, and offer patients the opportunity to obtain a copy of their medical records or have their records transferred.
  (2) Notification shall be accomplished by:
    (A) either:
      (i) posting such notice on the physician's or practice website; or
      (ii) publishing notice in the newspaper of greatest general circulation in each county in which the physician practices or practiced and in a local newspaper that serves the immediate practice area; and
    (B) placing written notice in the physician's office; and
    (C) notifying patients seen in the last two years of the physician's discontinuance of practice by either:
      (i) sending a letter to each patient; or
      (ii) sending an email to each patient, in a manner that is compliant with state and federal law.
  (3) A copy of the posted notices shall be submitted to the Board within 30 days from the date of termination, sale, or relocation of the practice.
  (4) Notices placed in the physician's office shall be placed in a conspicuous location in or on the facade of the physician's office, a sign, announcing the termination, sale, or relocation of the practice. The sign shall be placed at least thirty days prior to the termination, sale or relocation of practice and shall remain until the date of termination, sale or relocation.
(c) Prohibition Against Interference.
  (1) Other licensed physicians remaining in the practice may not prevent the departing physician from posting notice and the sign, unless the departing physician is excepted from providing notice of his or her departure under subsection (f) of this section.
  (2) A physician, physician group, or organization described in §165.1(b)(6) of this title (relating to Medical Records) may not withhold information from a departing physician that is necessary for notification of patients, unless the departing physician is excepted from providing notice of his or her departure under subsection (f) of this section.
(d) Voluntary Surrender or Revocation of Physician's License.
  (1) Except as provided for in subsection (f) of this section, physicians who have voluntarily surrendered their licenses or have had their licenses revoked by the board must notify their patients, consistent with subsection (b) of this section, within 30 days of the effective date of the voluntary surrender or revocation.
  (2) Physicians who have voluntarily surrendered their licenses or have had their licenses revoked by the board must obtain a custodian for their medical records to be approved by the board within 30 days of the effective date of the voluntary surrender or revocation.
(e) Criminal Violation. A person who violates any provision of this chapter is subject to criminal penalties pursuant to §165.151 of the Act.
(f) Exceptions to Required Notification of Discontinuance of Practice. A physician is not required to provide notice of his or her discontinuation of practice to patients as required in subsection (b) of this section if the physician:
  (1) treated the patient while in a locum tenens position at a practice location for a period of no longer than six months at that location. For the purpose of this section, "locum tenens" is defined as a position in which a physician is employed or contracted on a temporary or substitute basis to provide physician services;
  (2) only treated the patient in the following settings:
    (A) a hospital, as defined under Texas Occupations Code Section 157.051(6);
    (B) an emergency room;
    (C) a birthing center; or
    (D) an ambulatory surgery center; or
  (3) only provided the following:
    (A) anesthesia services in a setting described in paragraph (2) of this subsection; or
    (B) radiology services based on an order by a treating physician or in a setting described in paragraph (2) of this subsection; or
    (C) pathology services in a setting described in paragraph (2) of this subsection.

Source Note: The provisions of this §165.5 adopted to be effective March 4, 2004, 29 TexReg 1946; amended to be effective January 20, 2009, 34 TexReg 337; amended to be effective January 20, 2014, 39 TexReg 273; amended to be effective September 10, 2019, 44 TexReg 4867