Tennessee Code 68-11-305 is a state law that primarily governs the preservation and destruction of patient records by hospitals, nursing homes, and other healthcare facilities in Tennessee. This statute ensures that medical records are retained for specific periods and are disposed of in a manner that protects patient confidentiality.
Overview of Tennessee Code 68-11-305
This section of the Tennessee Code falls under Title 68 (Health), Chapter 11 (Health Facilities and Resources), Part 3 (Hospitals). Its core purpose is to establish clear guidelines for healthcare providers regarding medical record management, focusing on retention periods and secure destruction methods. Adherence to this code is crucial for patient privacy, legal compliance, and the continuity of care.
For the exact wording of the statute, you can refer to the official Tennessee Code available through reputable legal resources like Justia.
Key Requirements of the Statute
Tennessee Code 68-11-305 outlines specific obligations for those responsible for medical records:
Who Must Preserve Records?
The responsibility for record preservation falls on:
- Record librarians
- Any other individual in charge of medical records within a hospital, nursing home, or other health care facility.
What Records are Covered?
The statute applies to:
- Original patient records
- Microfilms or other photographic reproductions of patient records
- These records must be preserved for patients who have been discharged from the facility.
Required Preservation Periods
The length of time records must be kept varies depending on the patient's age:
| Patient Type | Retention Period |
|---|---|
| Adult | Records of adult patients must be preserved for ten (10) years from the date of discharge. |
| Minor | Records of minor patients must be preserved for ten (10) years from the date of discharge OR one (1) year after the patient reaches the age of majority, whichever period is longer. |
Method of Destruction
When records are eventually destroyed, the method used must ensure the confidentiality of the information. This means that records cannot simply be thrown away; they must be disposed of in a secure manner that prevents unauthorized access to the sensitive data they contain. Examples include shredding, incineration, or professional data destruction services.
Consequences of Non-Compliance
Failure to comply with the provisions of Tennessee Code 68-11-305 is considered a serious offense. A violation of this section is classified as a Class C misdemeanor.
Importance and Practical Implications
Adhering to Tennessee Code 68-11-305 is vital for several reasons:
- Patient Privacy: It safeguards sensitive patient health information, preventing unauthorized disclosure and protecting individuals' rights.
- Legal Compliance: Healthcare facilities must follow these guidelines to avoid legal penalties and potential lawsuits related to improper record handling.
- Continuity of Care: Maintaining records for specified periods ensures that patient medical history is available for future treatment, even if they return to the facility years later.
- Legal Defense: Proper record keeping can provide crucial evidence in medical malpractice cases or other legal proceedings.
To ensure compliance, healthcare facilities should implement robust record management policies, train staff on retention requirements and secure destruction protocols, and regularly audit their record-keeping practices.
