The Michigan Department of Licensing and Regulatory Affairs recently revised its online physician license renewal application form to include a question and attestation addressing compliance with the Michigan Public Health Code's provisions on medical records applicable to all licensed health professionals. The question asks physicians whether or not they have adopted a written policy for protecting, maintaining and providing access to their medical records per Section 16213 of the Code and addressing compliance with the Code's medical records provisions in the event of retirement, a sale, closure or other cessation of licensed medical practice. In addition, the online renewal application form includes an attestation statement. By submitting the renewal application, the physician certifies that he or she has a compliant written medical records policy.

Until recently, MLARA has not included the medical records policy question and attestation statement in physician license applications. The medical records policy question and attestation are included in the current online physician license renewal application. However, they are not presently included in the print versions of the physician license application forms available on MLARA's website.

For licenses in the current renewal cycle (i.e., licenses expiring on January 31, 2016), MSMS understands that if a physician states on the online renewal application that he or she does not have a written medical records policy, MLARA will simply mail the physician a notice advising that a written medical records policy is required by the Code. Additionally, MSMS understands that the physician will not be required to follow-up with MLARA in response to the notice.

Upcoming publications from MSMS will include an update on the Code's medical records provisions and a model medical records policy for use by physicians and their practices.