Tennessee Medical Practice Closure Laws

When closing a medical practice such as a doctor’s office, dental practice, or hospital, understanding the laws related to practice closure is vital. Every state has specific regulations governing how patients must be notified, how long medical records must be maintained, and more. Medical professionals must follow specific legal and ethical steps to ensure a smooth patient and staff transition. Failure to adhere to these requirements can lead to legal repercussions and patient care disruptions.

This guide provides a comprehensive overview of the legal requirements for closing a medical practice in Tennessee.

Key Requirements for Medical Practice Closure

Closing a medical practice is a multifaceted process that requires careful planning and compliance with legal obligations. Some items you will need to keep in mind, include:

Patient Notification

How and when will you notify patients of your intent to close your practice? Patients must be given adequate notice of the closure. This allows them to find alternative care providers.

Medical Records Management

Patients must be informed about how to obtain copies of their medical records. In many states, physicians are required to retain records for a certain period (e.g., seven to ten years) after the practice closes or to contract a medical records custodian to deliver records to patients for that time period.

Staff Considerations

Employees should be notified per labor laws, and any contractual obligations regarding severance or final paychecks must be fulfilled.

Regulatory Compliance

The practice must notify licensing boards, Medicare/Medicaid, and malpractice insurers of the closure. Additionally, the practice may need to formally dissolve as a business entity.

Disposal of Medications and Equipment

Prescription drugs and medical waste must be disposed of according to federal and state regulations to ensure environmental and public safety.

Financial and Legal Obligations

Outstanding debts, leases, and vendor agreements must be settled before closure. Legal counsel can help navigate any complexities.

Tennessee Medical Practice Closure Laws

​When closing a medical practice in Tennessee, healthcare providers must adhere to specific state laws and regulations to ensure a compliant and smooth transition for patients and staff.​

Tennessee Patient Notification Requirements

The Tennessee Board of Medical Examiners regulates medical doctors. Osteopathic physicians are regulated by the Tennessee Board of Osteopathic Examination, which has substantially parallel medical record and notification requirements.

Key patient notification requirements include:

• Under Tennessee Board of Medical Examiners Rule 0880-02-.15, when notice is required under the physician medical-record rules, it must be issued within 30 days of the event that triggers the requirement. The rule allows notification to be accomplished through public notice.
• The 30-day provision is not written as a requirement to notify patients 30 days before closure. It permits notice within 30 days after the triggering event. However, giving patients advance notice is strongly recommended because it gives them time to find a new physician and address pending care.
• The American Medical Association recommends sending patients a letter at least 60 days before an anticipated closure when possible. Direct notice is especially important for patients receiving active treatment, managing high-risk conditions, or requiring regular follow-up care.

In Tennessee, closure notifications need to be sent out at least 60 days prior to your closure date.

We recommend sending a physical letter, posting signage around your practice, and posting information about the closure on your website. It is essential that anyone who visits your practice or practice website can easily find the closure information.

A closure notification letter should include:

• The date of closure.
• The reason for closure (i.e., retirement, relocation, etc.).
• A forwarding address or phone number for questions after your closure.
• An authorization form for patients to sign so that their medical records can be transferred to a new practice.
• Information on patient record storage, including where the records will be stored, how to contact the storage facility, and any costs associated with patient record requests.

Tennessee Medical Records Retention and Access Requirements

Under Tennessee’s physician medical-record rules, records must generally be retained for at least 10 years after the physician’s or supervisee’s last professional contact with the patient.

Special retention requirements include:

1. Immunization records: These records must be retained indefinitely.
2. Records of patients deemed legally incompetent: These records must be retained indefinitely.
3. X-rays, radiographs, and other imaging products: These must be retained for at least four years. After four years, they may be destroyed only when a separate interpretive record exists.
4. Mammography imaging and reports: These must be maintained for 10 years.
5. Records of minors: These must be retained for at least one year after the patient reaches the age of majority or 10 years after the physician’s or supervisee’s last professional contact with the patient, whichever period is longer.
6. Records connected to a dispute: A record involving services that are currently under dispute cannot be destroyed until the dispute has been resolved.

These requirements apply to physician office and other non-hospital clinical records. Hospital records are governed by separate Tennessee statutes and regulations.

Patient Access to Medical Records

Under Tennessee Code § 63-2-101, a healthcare provider must provide a patient or the patient’s authorized representative with a copy of the requested medical records within 10 working days after receiving a written request.

A provider may prepare a summary, but the summary does not replace the patient’s right to receive a complete copy. Failure to comply may be reported to the provider’s licensing board and may result in disciplinary action, sanctions, or a fine.

When electronic copies are requested, records generally must be provided electronically unless they are not maintained electronically in the usual course of business.

Closing the office does not end these access responsibilities. Before closing, the physician should establish:

• Who will receive and process record requests.
• How patient identities and authorizations will be verified.
• How records will be delivered securely.
• How fees will be calculated and collected.
• How urgent requests related to continuing care will be handled.
• How access and disclosure activity will be documented.

HIPAA does not establish how long Tennessee medical records must be retained. However, HIPAA privacy and security protections continue for as long as protected health information is maintained, including during storage, transfer, and destruction.

Medical Record Destruction

Records that have reached the end of the required retention period must be destroyed in a manner that protects patient confidentiality.

Tennessee requires record destruction to follow established office procedures and occur in the ordinary course of business. The practice or custodian must document the time, date, and circumstances of destruction.

The destruction record does not have to list every individual chart. It must contain enough information to determine whether a particular patient’s records were included in the destroyed group.

If you don’t want to maintain responsibility for storing and fulfilling medical records requests, we can help. Learn more about our custodian of medical records services here.

For more details, consult the current rules of the Tennessee Board of Medical Examiners, the appropriate licensing board, or qualified legal counsel.

Tennessee Medical Board Notification Requirements

Physicians who are retiring from practice in Tennessee must submit an Affidavit of Retirement, Form PH-3460, to the appropriate licensing board. The form must be signed and notarized.

Medical doctors submit retirement information to the Tennessee Board of Medical Examiners. After the Board accepts the retirement application and required documentation, the license is registered as retired. A physician with a retired license cannot practice medicine in Tennessee.

Osteopathic physicians follow the retirement process administered by the Tennessee Board of Osteopathic Examination.

A physician who closes an office but continues practicing at another location may not need to retire the license. However, Tennessee medical doctors must maintain an accurate practitioner profile. Changes to practice addresses and other profile information must be reported within 30 days through the state’s Online Licensure System.

Physicians should contact their licensing board to confirm what applies to their specific closure.

Additional parties that may need to be notified include:

• Medicare and Medicaid.
• Commercial insurance plans.
• Malpractice and business insurers.
• Hospitals and credentialing organizations.
• Referring providers, pharmacies, and laboratories.
• The National Plan and Provider Enumeration System.
• The Tennessee Secretary of State and Department of Revenue.
• The Internal Revenue Service.

Medicare-enrolled physicians and organizations must generally report a change in practice location through PECOS within 30 days.

Additional Resources for Closing Your Medical Practice in Tennessee

To get up-to-date information about medical practice closure laws and requirements in Tennessee, please see these additional resources:

• Tennessee Board of Medical Examiners
• Tennessee Board of Medical Examiners Rules
• Tennessee Affidavit of Retirement, PH-3460
• Tennessee Health Professional Boards and Practitioner Profiles
• Tennessee Board of Osteopathic Examination
• Tennessee Board of Osteopathic Examination Rules
• Tennessee Medical Association Legal Resources
• AMA: Obtaining Medical Records From Closed Practices

How Desert River Solutions Can Help

Desert River Solutions is a trusted medical records custodian serving healthcare providers nationwide. Our services include:

• Electronic medical record extraction for seamless digital transition.
• Document scanning and storage for secure retention.
• HIPAA-compliant record management and destruction.
• Patient record request fulfillment, ensuring continuity of care.

Managing medical records retention is a critical aspect of healthcare compliance. Whether you’re closing a practice, transitioning to digital records, or ensuring legal compliance, working with a trusted medical records custodian can save time and reduce risk.

At Desert River Solutions, we help healthcare providers in Virginia and beyond with secure, HIPAA-compliant medical records storage and management. Need help with medical records retention in Tennessee? Contact Desert River Solutions today!

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Legal Disclaimer: the information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.