Thanks for the info, Liz.  Now I'm even more glad I didn't re-up.

The spit take comment was unnecessary.

Julie Tardos

On Wed, Dec 6, 2023, 3:48 AM Elizabeth Brooks <[log in to unmask]> wrote:

> 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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