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Leaving a medical practice — whether due to retirement, relocation, or a new position — can be a major life transition. But for Texas physicians, it’s also a regulated process. The Texas Medical Board (TMB) has established clear requirements for how and when doctors must inform their patients and ensure a smooth handoff of care.
At Gardner Employment Law, we help medical professionals exit gracefully and in full compliance with Texas law. If you’re planning to leave your practice, read on to learn the four most important legal and professional steps physicians must follow
What Are You Required to Tell Your Patients When You Leave a Practice?
Under TMB Rule 163.4, you are responsible for notifying patients that you are leaving your current practice. The notice must be timely, professional, and informative.
The rule specifies three methods of communication of your departure to patients:
- Posting a notice in the office and on the practice website at least 30 days before departure.
- Publishing a notice in the largest general-circulation newspaper in the area.
- Sending letters or emails to all patients seen in the past two years.
The notice must include:
- The effective date of your departure
- How patients can obtain or transfer medical records
- Your new practice name and location, if known
- The name of the physician or custodian maintaining records, if applicable
Maintain a professional tone in the notice and avoid solicitation. Patients are free to follow you if they choose, but the notice should not pressure or encourage them to do so.
Can Your Current Practice Prevent You From Contacting Patients?
No — and that’s an important point. The practice or clinic you’re leaving cannot interfere with your legal duty to provide notice to patients. Furthermore, the rule requires the practice to provide you with a list of all patients you’ve seen in the past two years.
Some practices may try to take control of the process or refuse to hand over contact details. The likely reason is that they do not want to lose the patients’ revenue. If this happens, provide the decision-maker a copy of TMB Rule 163.4. Even if the practice offers to send the notices themselves, you are still held responsible by the TMB for ensuring that proper notice was given.
The most cautious approach is to retain control over the notification process and request patient contact information in writing. If the practice refuses to cooperate, this may border on a violation of TMB rules. On the other hand, if you are leaving on amicable terms and you trust your former colleagues, you can save money and time by agreeing that the practice can send notice. Still, it is a good idea to obtain a list of all the recipients’ names in case a problem arises in the future.
What Should You Know About Medical Records and Continuity of Care?
In addition to notification, you are responsible for ensuring that patients can access their medical records and arrange for care continuity. One of the worst transgressions would be to abandon a patient without necessary medical care, especially if the patient has a serious or acute condition.
TMB rules require the departing physician to provide:
- Instructions for how patients may request copies of their records
- A clear process for transferring records to another provider
Leaving a practice by itself is not considered abandoning patients. But make sure that another physician in the group can continue to provide care. You must take reasonable steps to ensure that patients are informed and records are accessible.
Your employment contract and applicable Texas law (including Sec. 15.50 of the Business & Commerce Code) may also require your former practice to grant you access to patient lists and records, especially if a non-compete clause is in effect. Read more on that topic in “Primer on Physician Non-Competes.”
Can Your Employment Contract Limit What You Say to Patients?
Some employment contracts include non-compete or non-solicitation clauses. While these are enforceable in Texas under specific conditions, they cannot stop you from complying with TMB rules or communicating legally required information to your patients.
For a physician’s non-compete to be enforceable in Texas, it must:
- Allow access to a list of patients seen in the last year
- Permit access to patient medical records upon authorization
- Offer a reasonable buyout option
Even if your contract includes restrictions, you are still allowed — and required — to send legally compliant notices that inform patients of your departure. You can mention your new business location, but if you signed a non-compete, be careful not to invite or encourage patients to follow you. Keep the tone professional, and let patients make their own choices.
Contact Us Today
Leaving a medical practice isn’t just a career move — it’s a moment that reflects on your professionalism and your care for patients. If you’re planning to transition out of a practice, make sure you understand your legal obligations and take proactive steps to comply with TMB Rule 163.4.
We can help you make sure your exit is respectful, compliant, and on your terms. Give us a call.