Medical Records Collection, Retention, and Access in Delaware
Subtopic | Statute/Regulation | Description |
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Medical Records Collection, Retention, and Access | 10 Del. C. § 3926 - Production of records; jurisdiction | A provider (including hospitals and physicians) who receives a written, signed authorization by an existing or former patient, guardian or... |
16 Del. Code Regs. § 3201-9.0 - Records and reports | Skilled and intermediate care nursing facilities must maintain clinical records for each resident. Clinical records must be contain residents’... | |
16 Del. Code Regs. § 4403-7.0 - Clinical record | Freestanding birthing centers must maintain clinical records for every patient. Clinical records must contain medical records pertaining to each... | |
16 Del. Code Regs. § 4404-11.0 - Medical records | Free standing emergency centers must maintain patient records. Medical records must be preserved for 5 years or, in the case of minor patients, 5... | |
16 Del. Code Regs. § 4405-4.0 - Medical records | Free standing surgical centers must maintain medical records in a manner that protects the records from loss, damage, and unauthorized use. The... | |
16 Del. Code Regs. § 4406-6.0 - Patient care management for home health agencies | Home health agencies must provide services in accordance with a written plan of care established by a registered nurse. Before admission, a... | |
16 Del. Code Regs. § 4410-6.0 - Patient care management for skilled home health agencies | Skilled home health agencies must provide services in accordance with a written plan of care established by a physician and in consultation with a... | |
18 Del. Code Regs. § 1403-12.0 - Recordkeeping and reporting requirements | Managed care organizations must maintain medical records that are protected from loss, damage and unauthorized use. Medical records must be preserved... | |
24 Del. Code Regs. § 1700-16.0 - Patient records; fee schedule for copies | A patient who requests a copy of his or her medical records to be transferred to another physician or for their own use may be charged a reasonable... | |
24 Del. Code Regs. § 1700-8.0 - Dishonorable or unethical conduct | Physicians engage in dishonorable or unethical conduct if they fail to maintain patient records to fail to provide access to patient records. | |
24 Del. Code Regs. § 2500-5.0 - Dispensing | Pharmacies must maintain a patient profile system to retrieve information on patients and prescriptions dispensed. A patient profile record must be... | |
24 Del. Code Regs. § 2500-9.0 - Hospital pharmacy | A hospital pharmacy is defined as a pharmacy registered with the Board located in a hospital facility. Hospital pharmacies must maintain patient... | |
Del. Code Ann. tit. 10, § 3926 - Production of records, jurisdiction | A health care provider must produce copies of an individual’s medical records to a court proceeding within 45 days of receiving the individual... | |
Del. Code Ann. tit. 16, § 5161 - Rights of patients in mental health hospitals or residential centers | This section provides a list of rights for patients of a mental health hospital or residential centers. A hospital or residential center that... | |
Del. Code Ann. tit. 24, § 1761 - Physician discontinuing business or leaving the state; death of a physician; change of physician and transfer of patient records; patient access to records. | Every patient of a physician who discontinues his practice or dies must be notified how to obtain his medical records. The notification is to be done... | |
Del. Code Ann. tit. 24, § 2532 - Pharmacy records | A pharmacy must retain prescription records for 3 years. Upon a patient’s request, a pharmacy must provide the records in hard copy form within... | |
Del. Code Ann. tit. 24, §1761A - Appointment of a custodian of patient records | If the Board of Medical Licensure and Discipline receives a complaint concerning access to patient records as a result of a physician’s... | |
Patient records under the Medical Practice Act - DEL. CODE ANN. tit. 24 § 1761 | Every patient of a physician who discontinues his practice or dies must be notified how to obtain his medical records. The notification is to be done... |
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