Patient Record Retention Requirements

When closing or selling a dental practice, offices must abide by certain patient record retention requirements and all dental offices should have a records retention policy staff can refer to. Both state and federal law requires that dental records be kept available for at least six years following a patient’s last visit. Although the law only requires patients’ records be retained for six years, some liability experts recommend that dentist keep records longer. A rule of thumb that is commonly used is the “6-10-21 years” rule, which suggests that dentists keep patients records at the following durations: six years after the death of a patient, 10 years after a patient’s last appointment if you are no longer their dentist, and 21 years from the date of a patient’s birth if you stop seeing that patient when they’re still a minor.

Patient Record Retention When Closing or Moving a Dental Practice

Washington law provides that a dental practice owner who is discontinuing or moving a dental practice to a new location must not, without reasonable cause, neglect, ignore, abandon, or refuse to complete the current procedure for a patient. If a dentist chooses to withdraw responsibility for a patient, the dentist must either:

• Advise the patient that the termination of treatment is contemplated and that another dentist should be found to complete the current procedure and for future care. The dentist must also advise the patient that the dentist will remain reasonably available under the circumstances for up to fifteen days from the date of notice to render emergency care related to the current procedure.
• Alternatively, the dental practice owner planning to discontinue practice or move to a new practice location must make reasonable arrangements for the transfer of patient records of active patients to a licensed dentist or professional entity, or, at the request of the patient, transfer the patient’s record to the patient.

Additionally, dentists are required to keep readily accessible patient records for at least six years from the date of last treatment. The law also requires that a licensed dentist respond to a written request from a patient to examine or copy a patient record within fifteen working days after having received the request.

ADA Recommendations

The American Dental Association (ADA) recommends that dentists who plan to close a practice notify patients well in advance of the practice closing. The ADA further advises that once a closing date is determined, no treatments be started that cannot reasonably be completed before the practice closes. However, when a dental practice must be closed rapidly or unexpectedly, it may be necessary to help patients currently undergoing extensive treatment find a new dentist who is willing and able to complete their treatment. Helping a patient locate and continue treatment with another dentist could avert an allegation of patient abandonment or other charge. For patients who have found a new provider and upon patient request, the state of Washington requires that a copy of the patient record be sent to the new provider.

Questions?

For further guidance and specific recommendations on records retention, dentists can contact their liability insurance carrier. The ADA has also published a Dental Records Guide, a Closing a Dental Practice Guide, and What to do When Selling a Dental Practice page that offers more information.