NAC640.610. Records; confidentiality.

     1. A licensee shall:

     (a) Maintain in a secure and confidential manner any record of a patient which shows a medical problem of the patient or the scope of the treatment of the patient administered by the licensee;

     (b) Within 72 hours after providing treatment to a patient, indicate in the record of the patient the treatment that was provided; and

     (c) Ensure that the record of each patient is clear, legible, complete and accurate, and that the record includes an original, legible signature or authenticated electronic signature of the licensee.

     2. Except as otherwise provided by law, a licensee may not release a record of a patient which is confidential, or any information contained therein, except:

     (a) With the written consent of the patient;

     (b) If the patient is a minor, with the written consent of the parent or legal guardian of the patient;

     (c) Upon written request from the attorney of a patient if the written request is accompanied by a release signed by the patient or the parent or legal guardian of the patient, as applicable;

     (d) In response to a subpoena issued by the Board;

     (e) Pursuant to an order of a court of competent jurisdiction; or

     (f) If there is a clear and immediate danger to the patient, another person or to society. If there is such a danger, a disclosure may be made to an appropriate member of the family of the patient, another provider of health care, or an appropriate agent of the Federal Government, the State, a political subdivision of the State or a law enforcement agency, when acting in his or her official capacity.

     3. A licensee shall provide medical records within 5 business days after receipt of a written request received pursuant to subsection 2.

     4. A licensee shall inform his or her patient of any regulation or statute which governs the confidentiality of communications between the patient and the physical therapist.

     5. A licensee shall not falsify a record of health care of a patient.

     (Added to NAC by Bd. of Phys. Therapy Exam’rs, eff. 6-11-90; A by R153-98, 12-18-98; R111-02, 1-24-2003; R059-06, 9-18-2006)