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Subject:
From:
Elizabeth Brooks <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Wed, 6 Dec 2023 06:47:52 -0500
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Now that I have cleaned my sputtered coffee off my computer screen, I can
more quietly and calmly address the Q of how long to retain medical records
after a health practitioner (like an IBCLC) is retired from active practice.

How long to safely keep records is not designed to suit the practitioner's
convenience, but to preserve the rights of patients/clients to sue for
redress of injuries even years down the road (!). Since we work with
minors, some states require records be kept until that child grows to 21
(or more) years of age.

As a private practitioner, an IBCLC should have a policy & procedure manual
for all elements of running the business, including a section that
indicates how all active, and retired, client files are kept.  This
demonstrates that your are meeting security and privacy requirements (like
HIPAA), and have a policy that defines when and how files are destroyed.

Imagine you get sued 10 years from now by the kid whose mother you helped.
The first thing they will subpoena are your records on your care for that
client.  How will the court/attorneys react if you come back and say "Well,
I shredded them when I was cleaning out my basement."  And you cannot ALSO
point to a policy for your business that to support that the shredding was
a part of your regular business practices, and NOT in response to being
sued?

In the USA, the rules for "how long" are determined by each state.
Elsewhere in the world, national health ministers usually have issued an
easily accessible rule/law for "retention of medical records."  See where
you land on the attached chart (link below).  Yes, Yes, I see that it
indicates these are records rules for "MDs." BUT. When there are no laws
explicit to IBCLC practice (and there are precious few of those) it is
always appropriate to go "more conservatively" in legal expectations.
Patterning your practices after the same requirements expected of an MD or
midwife will be a good guide.

https://www.healthit.gov/sites/default/files/appa7-1.pdf
-- 
Liz Brooks, JD, IBCLC, FILCA
Wyndmoor, PA, USA
Private practice IBCLC, speaker, author, educator, lactation advocate
LizBrooksIBCLC.com    @LizBrooksIBCLC

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