The transfer or provisional custody of records must comply with the Regulation respecting records, places of practice and the cessation of practice by a physician. The death of a physician, revocation of his or her permit, striking off the membership roll of the Collège des médecins du Québec, restriction or removal of his or her right to engage in professional activities, or cessation of practice (retirement, resignation…), as well as any situation in which the physician accepts a function that prevents him or her from ensuring the safe-keeping of his or her records, are situations giving rise to the transfer of records or provisional custody (section 27 and subsequent sections of the Regulation).
Under the terms of the Regulation, a transferee means a physician or group of physicians to whom a physician’s effects are transferred in the event of permanent cessation of practice.
Under the terms of the Regulation, a provisional custodian means a physician, group of physicians or legal successor of a deceased physician, to whom the physician’s effects are entrusted pending the appointment of a transferee or in the event of temporary cessation of practice.
The keeping of records means safeguarding the patients’ interests, ensuring respect for the regulations as they apply to the confidentiality of information contained in the records, while enabling one at any time to dispose of out-of-date medications and vaccines. A medical record must remain active for a period of at least five years following, as the case may be, the date of the last entry or insertion in the record or, if a research project is involved, the end-date of the project.
In all cases where the effects of a physician are transferred or placed under provisional custody, a written agreement must be concluded. It must indicate the name of the transferee or provisional custodian, the address of his or her principal place of practice and, if applicable, the addresses of other places where he or she practices professionally, the telephone number, the reasons giving rise to the transfer or provisional custody, and the date on which it takes effect; a copy of the agreement must be sent to the Secretary of the Collège within 30 days of its taking effect.
Form (to be printed – legal-size format)
514 933-4441, ext. 5393