Section 845IAC1-6-6. Discontinuance of practice

   (a) A podiatrist, upon his retirement, or upon discontinuation of the practice of podiatric medicine or surgery, or upon leaving or moving from a community, shall not sell, convery [sic.] or transfer for valuable consideration, remuneration or for anything of value, patient records of that podiatrist to any other practitioner.

  (b) A podiatrist, upon his retirement, or upon discontinuation of the practice of podiatric medicine or surgery, or upon leaving or moving from a community, shall notify all of his active patients in writing, or by publication once a week for three (3) consecutive weeks in a newspaper of general circulation in the community, that he intends to discontinue his practice of podiatric medicine and surgery in the community, and shall encourage his patients to seek the services of another practitioner; provided, however, that this subsection shall not apply to persons solely engaged in internship, residency, preceptorship, fellowship, teaching or other postgraduate medical education or training programs. The podiatrist discontinuing his practice shall make reasonable arrangements with his active patients for the transfer of his records, or copies thereof, to the succeeding practitioner or to a program conducted by a podiatry association approved by the committee.

  (c) As used in this section, "active patient" means a person whom the podiatrist has examined, treated, cared for, or otherwise consulted with, during the two (2) year period [sic.] to retirement, discontinuation of the practice of podiatric medicine or surgery, or leaving or moving from a community.

  (d) Nothing provided in this section shall preclude, prohibit or prevent a podiatrist from conveying or transferring the podiatrist's patient records to another licensed practitioner who is assuming a practice, provided that written notice is given to all patients as specified in this section. (Board of Podiatric Medicine; 845 IAC 1-6-6; filed Apr 12, 1984, 8:28 a.m.: 7 IR 1534; filed Aug 5, 1987, 4:30 p.m.: 10 IR 2728; readopted filed Jun 13, 2001, 11:45 a.m.: 24 IR 3823; readopted filed Jul 19, 2007, 12:55 p.m.: 20070808-IR-845070056RFA; readopted filed Nov 25, 2013, 9:19 a.m.: 20131225-IR-845130275RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 8-6-6) to the Board of Podiatric Medicine (845 IAC 1-6-6) by P.L.33-1993, SECTION 76, effective July 1, 1993.