Closing or transferring a health practice: patient records and custodian duties
Meeting the notice, record retention and custodian duties when a health practitioner retires, closes or hands over a practice.
What is included
- Reviews or drafts purchase, associate and practice agreements
- Explains college rules on ownership, advertising and records
- Plans the transfer or storage of patient records
- Advises on virtual care rules and privacy
- Coordinates the closing with your accountant and lender
What is not included
- Independent reports and other disbursements
- Appeals or judicial review unless added to the retainer
- Clinical, billing or management consulting
Who this service is for
- Physicians, dentists and other health professionals buying or selling a practice
- Professionals joining or leaving a group practice
- Clinics starting or growing virtual care
Information to have ready
- 1Draft agreements or letters of intent
- 2Financial statements and lease details
- 3Your college registration and any professional corporation documents
- 4How patient records are kept now
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $750–$2,500, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
What happens to patient records when a practice closes?
Records usually must be kept securely for set periods, and patients need to know how to get them. The Personal Health Information Protection Act, 2004 and your college's rules both apply.
Can anyone buy a medical or dental practice?
College rules and corporate law often limit who can own a health practice or professional corporation. The lawyer will check this early in the deal.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Regulators' deadlines must be met even while a lawyer is being chosen
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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