Delaware § 1938 - Appointment of a custodian of patient records.

§ 1938. Appointment of a custodian of patient records.

(a) If the Delaware Board of Nursing receives a formal or informal complaint concerning access to patient records as a result of an APRN’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a medical practice in this State, the Delaware Board of Nursing may temporarily or permanently appoint an individual or entity as custodian of the APRN’s patient records after an investigation in accordance with the procedures under § 8735(h) of Title 29.

(b) (1) The custodian of patient records appointed under this section shall notify the APRN’s patients of record of the custodian’s appointment by doing all of the following:

a. Publishing a notice to that effect in a newspaper of general circulation in the area where the APRN practiced. The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment and must explain how a patient can procure the patient’s records.

b. Notifying, by first-class mail, all patients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a. of this section that the custodian has been appointed and explaining how the patient can procure the patient’s records.

(2) Seven years after being appointed, the custodian may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.

(c) A custodian of patient records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.

84 Del. Laws, c. 86, § 1;