The Board of Healing Arts does not have any statutes or regulations specifically governing the termination of physician-patient relationships, except in the event the relationship is terminated due to a physician leaving active practice. If a physician leaves active practice, the physician must notify the board, within 30 days after terminating the active practice: (1) The location where patient records are stored; (2) The name, telephone number, and mailing address of the record’s agent, if the licensee has designated an agent; and (3) The date on which the patient records are scheduled to be destroyed. See K.A.R. 100-24-3.

Professional responsibility and the standard of care will frequently dictate additional steps prior to the termination of a physician-patient relationship regardless of whether it is related to leaving active practice, or when the physician desires to end the relationship for other reasons. According to the American Medical Association, because of a physician’s fiduciary responsibility which includes an obligation to support a patient’s continuity of care. When considering withdrawing from a case, physicians must: (1) Notify the patient far enough in advance to permit the patient to secure another physician; and (2) Facilitate transfer of care when appropriate. The unique facts and circumstances related to a patient’s condition and care should be used to determine how much notice a patient should be given prior to the actual termination of the physician-patient relationship, and whether the physician should facilitate the transfer of care to another provider. See AMA Principles of Medical Ethics Opinion 1.1.5.

There are facts and circumstances that may allow a physician to refuse to treat a patient, other circumstances that may require treatment by the physician, and still other circumstances that may require some type of screening in order to determine whether urgent treatment is required. These situations may implicate laws and/or requirements outside of the healing arts practice act and an attorney should be consulted if it is uncertain whether a denial of treatment is permissible, and whether any additional precautions are necessary if treatment is denied. In general, a physician must always abide by the standard of care.