TMB rules for physicians who retire, close, or leave a practice

Physicians who are retiring, closing, or leaving a practice are required to notify patients in accordance with rules from the Texas Medical Board (TMB). (1)

‍Required notification of discontinuation of practice

Physicians who are retiring, closing, or leaving a practice are required to notify patients in accordance with rules from the Texas Medical Board (TMB). (1)  

According to TMB Rules Chapter 163.4, 'Upon retirement, termination of employment, or leaving a medical practice, a physician must provide patients reasonable notice to obtain copies of their records or arrange for the transfer of their medical records by:

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(1) letter or email to each patient seen in the last two years by the departing physician; and

(2) posting a notice in a conspicuous location in the physician's/practice office and on the practice website at least 30 days prior to the termination, leaving, or sale or relocation of practice.

(b) The notice must include:

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(1) the date of the termination, retirement, or departure;
(2) instructions as to how patients may obtain or transfer their medical records;
(3) the name and location of new practice, if any; and
(4) the name of another licensed physician, practice, or custodian if ownership of records is changing.

(c) If the physician's license is surrendered or revoked, the notice must be provided immediately in accordance with this section.'

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Leaving a group practice

When leaving a group practice, the departing physician is responsible for providing proper notification.

'(1) A physician, physician group, or practice must provide a list of patients seen by the departing physician in the last two years for the purposes of providing notice to patients.

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(2) A departing physician's group or practice is not required to provide the requisite notice to patients.


(3) If the departing physician's group or practice agrees to provide the requisite notices to patients, they must do so in accordance with this section.'

Those remaining in the practice must interfere with the departing physician fulfilling these responsibilities. The TMB has a rule prohibiting the practice or physician group from interfering. (1)

Sources

‍1. Texas Medical Board. Chapter163.4. Physician responsibilities when leaving a practice. Accessed February 4, 2025.