Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

11/17/2005 - 11/23/2005

 

Regulatory Report

 

 

CALIFORNIA

Title:

HEALTHY START

 

 

Agency:

Board of Education

 

 

Summary:

Revises the Healthy Start regulations by making technical clean-up of inaccuracies. Removes unneeded reformatting requirements; provides a more realistic timeline for appeals, which will ensure that grant funds reach local education agencies in a timely manner; adds guidance for the awarding of grants; removes consultation requirements regarding appeals with the Health Start Support Services for Children Program Council; and adds federal confidentiality requirements for student records and medical records.

 

Agency Contact:

Debra Strain, Regulations Coordinator, California Department of

Education, Legal Division, 1430 N Street, Room 5319, Sacramento, CA 95814,

916-319-0860, fax: 916-319-0155, email: dstrain@cde.ca.gov

 

 

Citation:

Title 5 CCR, Div 1, Subch 18, Art 1, Sec(s) 11900 - 11935

 

 

Status:

 

05/20/2005 Proposed Rule

 

Comment Deadline:

07/05/2005

10/20/2005 Rule Adoption

 

Effective Date:

10/20/2005

 

 

 

FLORIDA

Title:

PATIENT RECORDS

 

 

Agency:

Department of Health/Board of Optometry

 

 

Summary:

Updates existing language in rules relating to patient records, transfer or death of licensed practitioner, minimum equipment requirements, standards of practice, and performance of delegated tasks by non-licensed personnel.

 

Agency Contact:

Joe Baker, Jr. Executive Director, Board of Optometry, 4052

Bald Cypress Way, Bin C07, Tallahassee, Fl 32399-3259

 

 

Citation:

FAC 64B13-3.003, .04, .010, .015

 

 

Status:

 

08/19/2005 Negotiated Rulemaking

09/23/2005 Proposed Rule

 

Comment Deadline:

10/14/2005

10/28/2005 Changes Proposed

11/10/2005 Rule Adoption

 

Effective Date:

11/30/2005

 

 

 

MASSACHUSETTS

Title:

REPORTABLE DISEASES, SURVEILLANCE, AND ISOLATION

 

 

Agency:

Executive Office of Health and Human Services/Department of Public

Health

 

 

Summary:

Proposes to amend rules regarding reportable diseases, surveillance, and isolation and quarantine requirements. Adds cases of glanders and melioidosis to the list of diseases that are required to be reported to boards of health and the Department. Includes agents with bioterrorism potential. Authorizes school nurses to obtain immunization records or immunization-related information from health care providers, without the authorization of the child's parents or legal guardians. Allows the Department to collect confidential records from health care providers related to specifically named injuries, to allow the Department to investigate causes of injuries and adopt injury prevention strategies.

 

Agency Contact:

LouAnn Stanton, Office of the General Counsel, 617-624-5220

 

 

Citation:

105 CMR 300.000, 300.191, 300.193

 

 

Status:

 

08/26/2005 Proposed Rule

 

Comment Deadline:

09/15/2005

11/04/2005 Rule Adoption

 

Effective Date:

11/04/2005

 

 

 

NEW MEXICO

Title:

BOARD OF NURSING RULES

 

 

Agency:

Board of Nursing

 

 

Summary:

Amends rules relating to the Board of Nursing rules of procedure. Adds a new part regarding management of chronic pain with controlled substances and the management of medical records.

 

Agency Contact:

Board of Nursing Office, 6301 Indian School NE, Ste 710,

Albuquerque, NM 87110, www.state.nm.us/nursing

 

 

Citation:

NMAC 16.12.1, .2, .3, .4, .6, .9

 

 

Status:

 

11/15/2005 Proposed Rule

 

Comment Deadline:

12/02/2005

 

Effective Date:

11/04/2005

 

 

 

RHODE ISLAND

Title:

LICENSURE AND DISCIPLINE OF PHYSICIANS

 

 

Agency:

Department of Health

 

 

Summary:

Proposes rules regarding the delegation of technical acts by physicians to unlicensed medical assistants. Outlines changes in definitions, license requirements, acupuncture practice, qualifications, application fees, examination, continuing education, license renewal, inactive list, unprofessional conduct, medical records, patient disclosure, and pharmacy practice.

 

Agency Contact:

Robert Crausman, Department of Health, 401 Cannon Building, 3

Capitol Hill, Providence, RI 02908-5097, 401-222-3855, robertc@doh.state.ri.us

 

 

Citation:

R5-37-MD/DO

 

 

Status:

 

11/14/2005 Proposed Rule

 

Comment Deadline:

12/09/2005

 

Effective Date:

11/04/2005

 

 

 

Texas

Title:

Chapter 179. INVESTIGATIONS

 

Agency:

Medical Board

 

Summary:

The amendment to @179.2 clarifies the definition of a Complainant. The amendment to @179.3 clarifies that any person who has provided a statement to the board may obtain a copy of that statement. The amendment to @179.4 establishes time for obtaining medical records under normal circumstance at 14 days and requires that evidence of intemperate use of drugs or alcohol be evidence that would lead a reasonable person to believe that the licensee is impaired. The amendment to @179.6 provides definition of "good cause" for not scheduling an ISC within 180 days required by SB 419, and notice to parties of failure to schedule within statutory time.

 

Summary Comments:

Chapter 179. INVESTIGATIONS 22 TAC @@179.2 - 179.4, 179.6

 

The Texas Medical Board proposes amendments to @@179.2 - 179.4 and 179.6, concerning Investigations.

 

The amendment to @179.2 clarifies the definition of a Complainant. The amendment to @179.3 clarifies that any person who has provided a statement to the board may obtain a copy of that statement. The amendment to @179.4 establishes time for obtaining medical records under normal circumstance at 14 days and requires that evidence of intemperate use of drugs or alcohol be evidence that would lead a reasonable person to believe that the licensee is impaired. The amendment to @179.6 provides definition of "good cause" for not scheduling an ISC within 180 days required by SB 419, and notice to parties of failure to schedule within statutory time.

 

Michele Shackelford, General Counsel, Texas Medical Board, has determined that for the first five-year period the amendments are in effect there will be no fiscal implications to state or local government as a result of enforcing the sections as proposed. There will be no effect to individuals required to comply with the sections as proposed.

 

Ms. Shackelford also has determined that for each year of the first five years the amendments as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be to provide clarified language, assure that a person can get a copy of a statement made to the board, clarifying that normal time to respond to a request for information is 14 days and that evidence of impairment must be such that a reasonable person would believe that the licensee is impaired and providing rule definition for good cause, so that the public may know the valid reasons for delay of bringing a disciplinary matter to resolution. There will be no effect on small or micro businesses.

 

Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018. A public hearing will be held at a later date.

 

The amendments are proposed under the authority of the Texas Occupations Code Annotated, @152.001 and @153.001 which provides the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.

 

The following statutes, articles or codes are affected by this proposal: Section 179.2--@154.051, Texas Occupations Code; Section 179.3--none; Section 179.4--none; Section 179.6--@164.003, Texas Occupations Code.

 

Agency Contact:

Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018

 

Citation:

22 TAC 179

 

Status:

11/04/2005 Proposed

 

 

 

Utah

Title:

MEDICAL RECORDS STATE ID: 28313

 

Agency:

Department of Health/Division of Health Systems Improvement/Licensing

 

Summary:

The record retention section of the hospital rule will be amended to allow hospitals to use an electronic master patient index to store permanent patient record information. This will allow them to discard hard copies of patient records after the required seven years. The amendments will also include a requirement that the hospital notify the public in the local newspaper before destroying records to allow residents to have access to them. The personnel classifications for record keeping staff will also be updated to fit current nationally recognized titles.

 

Summary Comments:

R432-100-33

 

Medical Records

 

NOTICE OF PROPOSED RULE (Amendment)

 

DAR File No.: 28313

Filed: 10/31/2005, 16:36

 

RULE ANALYSIS

 

Purpose of the rule or reason for the change: This rulemaking is necessary to update two areas of the hospital rule; record retention and automated medication dispensing audits. Changing technology for medication dispensing and the need to alleviate record storage burdens have brought about the need to propose this rule change.

 

Summary of the rule or change: The record retention section of the hospital rule will be amended to allow hospitals to use an electronic master patient index to store permanent patient record information. This will allow them to discard hard copies of patient records after the required seven years. The amendments will also include a requirement that the hospital notify the public in the local newspaper before destroying records to allow residents to have access to them. The personnel classifications for record keeping staff will also be updated to fit current nationally recognized titles.

 

State statutory or constitutional authorization for this rule: Title 26, Chapter 21

 

Anticipated cost or savings to the state budget: This rule amendment will relieve hospitals from having to maintain physical storage areas for patient records and the personnel to manage them. The Utah State Hospital will be the only state facility that will realize any cost savings from this rule. The Hospital sent 74 archive boxes of records to the state archive facility in the last fiscal year 2005. With staff time and storage requirements, it is estimated that the state may save to $2,500 monthly with this rule amendment.

 

Anticipated cost or savings to local governments: This rule amendment will relieve hospitals from having to maintain physical storage areas for patient records and the personnel to manage them. There are seven rural hospitals that are owned by local governments in the state. The savings that these hospitals will see with this rule amendment will be $3,500 per month in the aggregate.

 

Anticipated cost or savings to other persons: This rule amendment will relieve hospitals from having to maintain physical storage areas for patient records and the personnel to manage them. There are 46 private hospitals that will be affected by this rule. There will be some starting costs to hire people to remove old records and for some hospitals to set up electronic data storage requirements, but hospitals report that cost savings over time will be significant. Smaller and newer hospitals will not realize as much savings as older established hospitals due to the number of records that are being stored. The range of savings will include from $500 per month for some hospitals and up to $5,000 per month for larger hospitals. The 46 private hospitals in the state will average a cost savings of $88,500 per month in the aggregate.

 

Compliance costs for affected persons: There are no anticipated compliance costs for health facilities. This rule amendment will decrease the requirements for medical record storage and allow for more efficient electronic storage of pertinent information for patients. The Utah Hospital Association reports that hospitals will be able to realize a significant cost savings since physical records will not have to be stored for indefinite periods of time.

 

Comments by the department head on the fiscal impact the rule may have on businesses: At the request of regulated hospitals, this rule is amended to simplify record retention requirement and will have a positive fiscal impact on business. David N. Sundwall, MD, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at: Health Health Systems Improvement, Licensing CANNON HEALTH BLDG 288 N 1460 W SALT LAKE CITY UT 84116-3231, or at the Division of Administrative Rules.

 

Direct questions regarding this rule to: Joel Hoffman at the above address, by phone at 801-538-6165, by FAX at 801-538-6163, or by Internet E-mail at jhoffman@utah.gov

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 PM on 12/15/2005.

 

This rule may become effective on: 12/16/2005

 

Authorized by: David N. Sundwall, Executive Director

 

Agency Contact:

Joel Hoffman at the above address, by phone at 801-538-6165, by FAX at 801-538-6163, or by Internet E-mail at jhoffman@utah.gov

 

Citation:

R432-100-33

 

Status:

10/31/2005 Proposed Rule

 

Comment Deadline:

12/15/2005

 

Effective Date:

12/16/2005

 

 

 

VIRGINIA

Title:

RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS STATE ID: R06-59

 

 

Agency:

Board of Mental Health, Mental Retardation and Substance Abuse Services

 

 

 

Summary:

Allows individuals to be present in closed meetings when they are the subject of the meeting to discuss medical and mental records, and personal matters. Requires state facilities to physically post basic information about the Virginia Freedom of Information Act (VFOIA).

 

Agency Contact:

Wendy V Brown, Department of Mental Health, Mental Retardation

and Substance Abuse Services, PO Box 1797, Richmond, VA 23219, 804- 225-2252,

fax 804-371-0092, wendy.brown@co.dmhmrsas.virginia.gov

 

 

Citation:

12 VAC 35-115

 

 

Status:

 

09/30/2005 Petition for Rulemaking - Initial Agency Notice

 

Comment Deadline:

11/21/2005

 

Effective Date:

11/04/2005