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Leaving a medical practice — whether due to retirement, relocation, or a new position — can be a major life transition. In Texas, however, it’s not just a personal decision; it’s a regulated process. The Texas Medical Board (TMB) has detailed rules on how and when physicians must notify patients and ensure continuity of care.
At Gardner Employment Law, we help physicians exit smoothly and in full compliance with state regulations. Below, we break down the four most important steps you must take to leave your practice lawfully and professionally.
What Are You Required to Tell Your Patients When You Leave a Practice?
You are legally required under TMB Rule 163.4 to notify your patients that you are leaving your current practice. This notification must be timely, professional, and informative.
The rule provides three acceptable methods for communicating your departure to patients:
| Method of Notification | Timing Requirement | Purpose |
| #1 – Post a notice in your office and on the practice website | At least 30 days before departure | Ensures visibility for active patients |
| #2- Publish a notice in the largest local newspaper | At least 30 days before departure | Reaches the broader patient community |
| #3- Send letters or emails to all patients seen in the past two years | Preferably at least 30 days before departure | Ensures direct communication |
Your 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 your records
Keep your tone professional and neutral. You may inform patients where you’re going, but avoid language that pressures or invites them to follow you.
Can Your Current Practice Prevent You From Contacting Patients?
No. Your practice cannot stop you from notifying patients, and it cannot interfere with your legal duty under TMB Rule 163.4.
In fact, the rule requires the practice to give you a list of all patients you have seen within the past two years so you can send proper notice.
If your employer refuses to provide contact information or insists on handling notifications themselves, remind them that you remain legally responsible for compliance. Even if they offer to send the notices, you should:
- Request patient contact details in writing from the practice
- Keep records of the patients to whom you send notice
- Confirm that all communications meet TMB standards
If the relationship is amicable and you trust the practice, it’s fine to let them send notices – but always verify the process. If they refuse entirely, that could violate TMB rules.
What Should You Know About Medical Records and Continuity of Care?
You must ensure that patients have access to their medical records and continued care. Failing to do so could be seen as patient abandonment — a serious professional offense.
The TMB requires you to:
- Provide clear instructions on how patients can request copies of their medical records
- Establish a process for transferring records to another provider
Leaving a practice isn’t considered abandonment as long as you take reasonable steps to inform your patients of your departure and assure that their care is uninterrupted. Also, make sure that another physician in your group can cover ongoing treatment needs, especially for patients with chronic or acute conditions.
Your employment contract and Texas Business & Commerce Code §15.50 may also give you certain rights to access patient records, even if a non-compete clause exists. Learn more in our guide in “Primer on Physician Non-Competes.”
Can Your Employment Contract Limit What You Say to Patients?
Not when it comes to communications required by the TMB. Even if your employment contract includes a non-compete or non-solicitation clause, the contract cannot prevent you from complying with TMB Rule 163.4.
If you signed a non-compete, you may inform patients of your departure and your new practice location – just avoid soliciting them to follow you. The safest approach is to state the facts and let patients decide for themselves.
Contact Us Today
Leaving a medical practice is more than a career decision – it’s a test of your professionalism and integrity.
If you’re preparing to leave your practice, don’t take chances with compliance. We’re here to help make your exit smooth, respectful, and fully aligned with Texas law.