■ Duties and responsibilities:

Expectations of physicians in practice

Closing or leaving a practice: Tips for primary care physicians

Originally published March 2020
20-05-E

The decision to close or relocate a medical practice can be a difficult one, with consequences for patients as well as for the departing physician’s colleagues. Thoughtfully managing the various aspects of closing or relocating a clinical practice ensures the needs of patients continue to be met and potential medical-legal risks are mitigated.

Where advance notice of a physician’s departure is not possible as in the case of sudden illness, death, or other unforeseen circumstances, responsibilities related to practice closure may be undertaken by a business partner, colleague, family member, or an executor for the estate of a deceased physician. Some regulatory authorities (Colleges) require physicians to proactively plan for unexpected practice closures,1 and so physicians may need to lay out such a plan in collaboration with partners or colleagues.

While all physicians should plan for closure of their practice in keeping with College policies, maintaining continuity of care is an especially important consideration in primary care practices. Nevertheless, consulting physicians need to consider appropriate transfer of care for those patients who are in active treatment or require follow-up. Refer to your College’s policies and standards on physician responsibilities when closing or leaving your practice.

Notifying patients

College policies may stipulate a minimum required duration for notification to patients of a planned closure. In Ontario and Alberta, for example, at least 90 days notice is required, unless the closure is unexpected or due to circumstances beyond the physician’s control, in which case the notice must be communicated as soon as reasonably possible.1, 2

Physicians are generally required to notify patients directly through one or more channels: letter-mail, email, telephone, or in-person at a scheduled appointment. Consult your College’s policies on specific requirements in your jurisdiction.

Transferring medical records

Patients who find a new physician may need to have their medical records transferred. You are required to facilitate this process once you have received the patient’s authorization to do so. The transfer should take place as soon as reasonably possible, or as prescribed by your College. You may charge an appropriate fee for this service, which may be set by provincial or territorial medical associations or in regulations.

In a group practice such as a clinic, it should be clear who will retain the medical records when you leave the practice. This clarity can be achieved by entering into a written agreement when joining the group. Such an agreement will allow you to have continued access to the medical records that you entered even after leaving the practice. Access to these records is important to ensure you meet your professional (College) obligations and records retention requirements, and will be indispensable in the event of medical-legal issues that may later arise. Once the applicable retention period for a record has expired, you should destroy the original record in a secure manner. This task can be outsourced to a commercial service provider and the date of disposal should be documented.

Some Colleges require physicians to implement a succession plan and designate a custodian to ensure retention and access to records if they are unable to continue as custodian. In Alberta, for example, physicians are required to have in place an information sharing agreement to manage patient records in the event a physician ceases to maintain custody of existing records, and to identify another physician who will maintain them.2

Original records, whether in digital or paper form, should be retained for at least 10 years from the date of last entry or, in the case of minors, 10 years from the time they would have reached the age of majority. For more information, see the article “A matter of records: An overview of the retention, access, security, storage, disposal, and transfer of clinical records.”

Continuity of patient care

Physicians should make reasonable efforts to ensure all work in progress will be completed, reviewed, and appropriately acted on. Consider arrangements for alternative care for patients who have outstanding results or need follow-up after a recent test, investigation, or procedure. If patients under your care are in hospital or another health facility, complete the transfer to another physician and document this in the medical record.

Informing others

When planning to leave a clinical practice, you should inform colleagues, clinic owners, and employees in a timely manner. You should also inform healthcare organizations such as hospitals and specialty medical centres, other healthcare professionals such as local pharmacists, as well as the provincial or territorial paying agency, and professional associations.

Some Colleges require physicians to notify them when closing a medical practice, whether or not they continue to hold a licence.

You should contact the CMPA and tell us about your plans such as if you intend to do a different type of medical work or change your province of work.

If you are closing your practice but want to continue practising medicine, even on a limited basis, you must maintain your licence as well as your CMPA membership.

If you are practising under an employment or contractual arrangement with a hospital, health authority, research organization, or government agency, review your contract or service agreement and contact your personal legal counsel to understand your responsibilities with respect to your retirement.

CMPA protection—Peace of mind in your retirement

Your eligibility for CMPA protection continues throughout your retirement. Because the CMPA provides occurrence-based protection, if a medical-legal difficulty arises for care you provided while a CMPA member, you remain eligible for assistance. Protection eligibility also extends to your estate, as long as the medical-legal matter pertains to clinical care you provided while you were a CMPA member.

Regardless of the circumstance of leaving a medical practice, advance preparation and notice benefits everyone. When a transition happens unexpectedly or if you encounter challenges when closing your practice, the CMPA’s physician advisors are available to provide advice.



References

  1. College of Physicians and Surgeons of Ontario [Internet]. Toronto(CA): CPSO; 2007. Closing a Medical Practice [reviewed Sept. 2019; cited 2019 Nov 8]
  2. College of Physicians and Surgeons of Alberta [Internet]. Edmonton(CA): CPSA; 2014. Standard of Practice: Closing or Leaving a Medical Practice [cited 2019 Nov 8]

DISCLAIMER: The information contained in this learning material is for general educational purposes only and is not intended to provide specific professional medical or legal advice, nor to constitute a "standard of care" for Canadian healthcare professionals. The use of CMPA learning resources is subject to the foregoing as well as the CMPA's Terms of Use.