By: Alyse Richard Latiolais
Neither the Louisiana Physical Therapy Practice Act nor LPTB rules dictate how long you must retain physical therapy patient records. LPTB rules do direct physical therapists and physical therapist assistants to properly document, maintain, make arrangements for patient access, and destroy physical therapy patient records. Under LPTB rules, a licensee may not destroy a medical record except as authorized by law. LPTB rules additionally prohibit the abandonment or desertion of medical records.
The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule likewise does not specify medical record retention requirements. It does require, however, that covered entities apply appropriate administrative, technical, and physical safeguards to protect the privacy of medical records and other protected health information (PHI) for whatever period such information is maintained by a covered entity, including through disposal.
How long you need to retain physical therapy patient records may be governed by any number of state and federal laws as they apply to your unique practice as well as your specific reason(s) for their disposal/destruction. Separately, you may also have various contractual obligations in place with respect to record retention. Because guidance should be adapted to your individual circumstances, and because laws are newly enacted, amended, and interpreted on a frequent basis, you should consult with an attorney to develop and regularly update your record retention plan. It may also be helpful to consult your malpractice carrier for their own requirements and/or guidance with respect to record retention.
Remember when developing and updating your record retention plan to address any patient records or PHI which may be in the possession of or accessible to a Business Associate or other vendor. This includes records and PHI which are maintained, in whole or in part, through apps, software, and AI-powered tools, such as AI transcripts used to help generate documentation. You should confirm the ability to delete such patient data upon request and consistent with your record retention plan. As highlighted in the LPTB’s recent guidance on ethical use of AI in physical therapy, failure to address this additional patient data may result in significant privacy violations, loss of patient trust, and legal liability.
References and Resources:
Louisiana Physical Therapy Practice Act, La. R.S. 37:2401 – 37:2425
LPTB rules (LAC, tit. 46, Part LIV)
LAC, Title 46, Part LIV, §123(A)
LAC, Title 46, Part LIV, §341
LAC, Title 46, Part LIV, §345
45 CFR 164.530(c)
BSW Labor and Employment Law Blog 