Legal Question in Legal Ethics in Maryland

Hello, I am currently a physician working for a community health center. Yesterday a very experienced Psychiatrist resigned because of a new"policy" by the organization to not keep prescriptions in the medical chart. The psychiatrist would make copies of the multiple prescriptions he would give his patients as part of his medical note and for precise information. These sheets of prescriptions were pulled from the medical charts without his knowledge and when he saw patients he had no record of what he had prescribed. Is he wrong or right to call this kind of action illegal? I also have issues with non-clinicians destroying part of what we delegate as part of our medical note. Thank you.


Asked on 5/26/10, 7:06 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

HIPAA requires the retention of medical records --- if items were pulled out of the record or otherwise destroyed this would pose a major problem. Maryland also has state law mandating the retention of medical records (and notice before premature destruction) with very hefty penalties for violation. So in short, the resigning psychiatrist had every reason for his concerns. Moreover, such action would open up additional liability with respect to patient malpractice actions.

Your organization would be well advised to immediately seek the advice of legal counsel regarding its new "policy."

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Answered on 5/27/10, 2:12 pm


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