State Guidelines
Alabama
Records must be kept for a minimum of 3-5 years
ALA. ADMIN. CODE r. 420-5-7-.13: Hospital records must be retained for at least five years. In the case of minor patients, medical records must be retained for at least 5 years after the patient has reached adulthood. ALA. ADMIN. CODE r. 540-X-9-.10: Physician medical records must be maintained by the physician for the period necessary to treat the patient and for additional time as may be required for medical or legal purposes. ALA. ADMIN. CODE R. 545-X-4-.08: Physicians should maintain patient medical records for as long as necessary for treatment purposes, and for any additional time as is legally required
Alaska
Records must be kept for a minimum of 6-9 years
ALASKA STAT. § 18.20.085: A hospital must retain its patient records for 7 years following the discharge of the patient. In the case of a minor patient, the records must be retained for 2 years after the patient reaches the age of 19 years or until 7 years following the discharge of the patient, whichever is longer.
Arizona
Records must be kept for a minimum of 6-9 years
ARIZ. REV. STAT. ANN. § 12-2297: A health care provider (defined as a physician, health care institution or hospital, ambulance service, or health care services organization) must retain patient records for 6 years from the last date of treatment. In the case of a minor, the records must be retained for at least 3 years after the patient’s 18th birthday or 6 years after the last date of treatment, whichever is latest.
Arkansas
Records must be kept for a minimum of 10 or more years
ARK. CODE R. § 007.05.17: Table 8: A hospital must maintain medical records for each patient and retain them for 10 years, and for an additional 2 years in the case of a minor. ARK. CODE R. 007.05.17-14: Hospital records must be maintained for 10 years after discharge. The medical records of minors must be kept for 2 years after the patient reaches the age of majority
California
Records must be kept for a minimum of 6-9 years
22 CA ADC §70751: Hospital records must be kept for at least 7 years, except that records of unemancipated minors must be kept for an additional year after they reach they age of majority.
Colorado
Records must be kept for a minimum of 10 or more years
6 COLO. CODE REGS. § 1011-1: IV-8.102 Medical records must be preserved as originals or electronically for 10 years after the most recent care encounter, and for minors, the period of minority plus 10 years or 10 years after the most recent care encounter, whichever is later.
Connecticut
Record retention is dependent on the type of provider
CONN. AGENCIES REGS § 19-13-D3: Hospitals must retain medical records for 10 years after discharge of patients, except that original records may be destroyed prior if they are preserved in accordance with current hospital industry standards. CONN. AGENCIES REGS § 19-13-D4a: Children’s hospitals must retain medical records for 25 years after discharge of patients, except that originals may be destroyed sooner if they are microfilmed in accordance with state department of health policy. CONN. AGENCIES REGS § 19-13-D5: Long-term hospitals must retain medical records for 25 years following the discharge of patients, except that originals may be destroyed sooner if they are microfilmed in accordance with state department of health policy. CONN. AGENCIES REGS. § 19a-14-42: A health care provider must retain medical records for 7 years from the last date of treatment or, upon the date of the patient, for 3 years
Delaware
Records must be kept for a minimum of 6-9 years
DEL. CODE ANN. tit. 24 § 1761 A physician must maintain a patient’s record for seven years from the last entry in the patient’s record.
District of Columbia
Record retention is dependent on the type of provider
D.C. MUN. REGS. tit. 17 § 4612: A physician must maintain records for each patient and retain them for 3 years after last seeing the patient or 3 years after a minor patient reaches 18 years of age. D.C. MUN. REGS. tit. 22-B § 2030: A hospital must maintain records for each patient and retain them for 10 years after discharge or, in the case of a minor, 3 years after the minor patient reaches 18 years of age
Florida
Record retention is dependent on the type of provider
FLA. ADMIN. CODE ANN. r. 64B8-10.002: A physician must maintain written medical records for a period of 5 years from the last patient contact. GENERAL RECORDS SCHEDULE – GS4 PUBLIC HEALTH CARE FACILITIES AND PROVIDERS:Public hospitals must retain patient medical records for seven years after the last entry
Georgia
Record retention is dependent on the type of provider
GA. COMP. R. & REGS. § 111-8-40-.18: Hospitals must retain patient records for 5 years. In the case of a minor patient, medical records must be retained 5 years after a patient turns 18 years old. Providers, other than hospitals, must retain patient records for at least ten years from the date of its creation.
Hawaii
Records must be kept for a minimum of 6-9 years
HAW. REV. STAT. § 622-58: Health care providers must retain medical records for 7 years after the last date of treatment. In the case of minor patients, records must be retained for 7 years past the minor’s 18th birthday.
Idaho
Records must be kept for a minimum of 3-5 years
IDAHO CODE ANN. § 39-1394: Hospitals must retain clinical laboratory test records and reports for 5 years. X-ray film may be destroyed 5 years after exposure, or 5 years after the patient turns 18, whichever is later, provided that there is documentation that a physician has reach the x-ray films.
Illinois
Records must be kept for a minimum of 10 or more years
210 ILL. COMP. STAT. § 85/6.17: Hospitals must retain medical records for 10 years. If the hospital is notified before the expiration of 10 years by an attorney regarding pending litigation involving a particular patient, the hospital must retain the record until being notified in writing that the case has concluded, or for a period of 12 years from when the record was produced, whichever occurs first.
Indiana
Records must be kept for a minimum of 6-9 years
IND. CODE § 16-39-7-1: Medical records must be retained for 7 years.
Iowa
Records must be kept for a minimum of 6-9 years
IOWA ADMIN. CODE R. 653-13.7: A physician must maintain patient medical records for 7 years from the date of last service. A physician must also maintain the medical records of a minor patient for a period of 1 year after the minor reaches the age of majority.
Kansas
Records must be kept for a minimum of 10 or more years
KAN. ADMIN. REGS. § 28-34-9a: Hospitals must maintain patient records and retain the records for 10 years, or for a year after a patient turns 18, whichever is longer. KAN. ADMIN. REGS. § 100-24-2: Physicians must retain patient records for 10 years
Kentucky
Records must be kept for a minimum of 3-5 years
902 KY. ADMIN. REGS. 20:058: A primary care center must maintain a medical record for each patient and retain them for 5 years after a patient’s death or discharge or, in the case of a minor, 3 years after the patient reaches adulthood, whichever is the longest. 902 KY. ADMIN. REGS. 20:016: Hospitals must maintain medical records for a period for 5 years from the date of discharge or, in the case of a minor, 3 years after the patient reaches adulthood
Louisiana
Record retention is dependent on the type of provider
LA. REV. STAT. ANN.§ 40:2144: A hospital must maintain medical records and retain the records for 10 years from the date of a patient’s discharge. LA. REV. STAT. ANN. § 40:1299.96: Physicians must retain medical records for 6 years. LA. ADMIN. CODE tit. 48, pt. I § 9395: Hospitals must retain patient records for 10 years
Maryland
Records must be kept for a minimum of 3-5 years
MD. CODE REGS. §10.01.16.04: A health care provider must retain medical records for 5 years or, in the case of minor patients, until the patient is 21 years old, whichever is longer. MD. CODE ANN., HEALTH-GEN. § 4-403: Health care providers must retain medical records for 5 years after the record is made, unless the patient is notified by first-class mail of when the record will be destroyed, and provided with a synopsis of the record and a 30-day opportunity to retrieve the record. If the patient is a minor, the provider must keep the record for three years after the patient turns 18, or for 5 years after the record is made, whichever is longer, unless the parent or guardian is notified in accordance with the terms described above, or the minor patient is notified under certain circumstances
Massachusetts
Record retention is dependent on the type of provider
243 MASS. CODE REGS. § 2.07: Physicians must maintain patient records for a minimum of 7 years. If the patient is a minor, the physician must maintain the record for either seven years or until the patient reaches 18, whichever is longer. MASS. GEN. LAWS ch. 111 § 70: Hospitals or clinics must retain medical records for 20 years after the discharge or the final treatment of a patient. 105 MASS. CODE REGS. § 130.370: Hospitals must retain patient records for 20 years after the discharge or treatment of the patient
Michigan
Records must be kept for a minimum of 6-9 years
MICH. COMP. LAWS § 333.16213: A health care practitioner must maintain medical records and retain the records for 7 years.
Minnesota
Records must be kept for a minimum of 6-9 years
MINN. STAT. § 145.32: Hospitals must retain medical records for 7 years. In the case of a minor patient, the hospital must retain the record for 7 years after the patient turns 18.
Mississippi
Record retention is dependent on patient condition
MISS. CODE ANN. § 41-9-69: Hospitals must retain medical records must be retained for 7 years for patients discharged at death, 10 years for adult patients discharged otherwise, for 7 years after a minor patient reaches 18 or for 7 years after the period that a patient is under a known disability, but not to exceed 28 years. X-ray films and any other graphic data must be retained for 4 years MISS. CODE ANN. § 41-9-73: Hospitals may retain, preserve, and store medical records for longer than the retention period established in Mississippi Code § 41-9-69 as in its discretion or as may be required by any court. MISS. CODE ANN. § 41-9-71: Hospitals may discard medical records earlier than the retention period established in Mississippi Code § 41-9-69 upon the written consent of the patient involved
Missouri
Record retention is dependent on the type of provider
MO. CODE REGS. ANN. tit. 19, § 30-20.094: Hospitals must retain medical records for 10 years. MO. REV. STAT. § 334.097: Physicians must retain patient records for 7 years
Montana
Record retention is dependent on the type of provider
MONT. CODE ANN. § 50-16-513: A health care provider must maintain a record of existing health care information for 1 year following receipt of an authorization to disclose that health care information. MONT. CODE ANN. § 50-16-525: A health care provider must retain patient records for 3 years. MONT. ADMIN. R. 37.106.402: A hospital must retain patient records for 10 years from a patient’s discharge or death. If the patient is a minor, the hospital must retain the record for 10 years after the patient reaches the age of 18, or dies if earlier
Nebraska
Records must be kept for a minimum of 10 or more years
175 NEB. ADMIN CODE § 9-006: Hospitals must retain medical records for 10 years following a patient’s discharge. In the case of a minor patient, records must be retained 3 years after the patient’s 18th birthday.
Nevada
Records must be kept for a minimum of 3-5 years
NEV. REV. STAT. § 629.051: A health care provider must retain patient records for 5 years. In the case of a minor patient, the records must be retained until the patient turns 23 years old.
New Hampshire
Records must be kept for a minimum of 6-9 years
N.H. CODE ADMIN. R. ANN. He-P 802.20: A patient record must be maintained for each patient admitted to a hospital and retained for seven years after discharge of a patient. N.H. CODE ADMIN. R. ANN. Med 501.02: A licensed physician must maintain complete and accurate medical records for all patients for 7 years
New Jersey
Record retention is dependent on the type of provider
N.J. STAT. ANN. § 26:8-5: Hospitals must retain medical records for 10 years following a patient’s discharge. N.J. ADMIN. CODE 13-35–6.5: Physicians must maintain patient records for 7 years
New Mexico
Records must be kept for a minimum of 10 or more years
N.M. STAT. ANN. § 14-6-2: A hospital must retain its patient records for 10 years following the discharge of a patient. N.M. CODE R. § 16.10.17.10: Physicians must maintain patient records and retain the records for 10 years after the date of last treatment. In the case of minor patients, patient records must be until the patient turns 21 years old
New York
Records must be kept for a minimum of 6-9 years
N.Y. EDUC. LAW § 6530: Physicians must maintain patient records for 6 years. N.Y. COMP. CODES R. & REGS. § 405.10: Hospitals must maintain patient records and retain the records for 6 years from the date of discharge. In the case of a minor patient, records must be retained 3 years after the patient’s 18th birthday
North Carolina
Records must be kept for a minimum of 10 or more years
10A N.C. ADMIN. CODE § 13B.3903: Hospitals must maintain patient records and retain them for 11 years following the discharge of the patient. In the case of a minor patient, a hospital must retain the patient’s record until the patient turns 30 years old.
North Dakota
Records must be kept for a minimum of 10 or more years
N.D. ADMIN. CODE § 33-07-01.1-20: A hospital must retain patient records for 10 years from the date a patient was last treated. In the case of minors, records must be retained until the patient turns 21 years old or 10 years from the date the patient was last treated, whichever is later.
Ohio
Records must be kept for a minimum of 6-9 years
OHIO ADMIN. CODE § 3701-84-11: The provider of a health care service must retain medical records for 6 years from the date of discharge.
Oklahoma
Record retention is dependent on patient condition
OKLA. ADMIN. CODE § 310:667-19-14: Hospitals must retain medical records for 5 years beyond the date the patient was last seen or 3 years past a patient’s death. Records of minor patients must be retained 3 years past their 18th birthday.
Oregon
Records must be kept for a minimum of 10 or more years
OR. ADMIN. R. 333-505-0050: Hospitals must retain patient records for 10 years after a patient’s discharge.
Pennsylvania
Records must be kept for a minimum of 6-9 years
28 PA. CODE § 115.23: Hospitals must retain patient records for 7 years or, in the case of minor patients, 7 years after a patient turns 18 years old. 49 PA. CODE § 16.95: Physicians must retain medical records for 7 years or, in the case of a minor patient, 1 year past the patient’s 18th birthday
Rhode Island
Record retention is dependent on the type of provider
31-5-41 R.I. CODE R. § 11.0: Physicians must retain all medical records for 7 years. 31-4-18 R.I. CODE R. § 27.0: Hospitals must retain all medical records for 5 years. Medical records of minors must be retained for 5 years after the minor reaches 18 years old
South Carolina
Records must be kept for a minimum of 10 or more years
S.C. CODE ANN. § 44-115-120: A physician must retain medical records for 10 years for adult patients and 13 years for minor patients. S.C. CODE ANN. REGS. 61-16 § 1107: Hospitals must retain medical records for 10 years. In the case of minor patients, medical records must be retained until the patient turns 18 years old
South Dakota
Records must be kept for a minimum of 10 or more years
S.D. ADMIN. R. 44:73:09:06: A health care facility must maintain patient records and retain them for 10 year from the date of the patient’s treatment. If the patient is a minor, the facility must retain the record until the patient reaches the age of 20, provided that it is not less than 10 years from the date of the visit. S.D. CODIFIED LAWS § 36-4-38: A physician may destroy patient records that have become inactive, or for which the whereabouts of the patient are unknown
Tennessee
Records must be kept for a minimum of 10 or more years
TENN. COMP. R. & REGS. 1200-08-01-.06: Hospitals must maintain patient records and retain them for 10 years or, in the case of a minor, 1 year past the minor’s 18th birthday. TENN. COMP. R. & REGS. 0880-02-.15: Physicians must maintain patient records and retain them for 10 years from the physician’s last professional contact with the patient or, in the case of a minor, records must be retained 1 year after the minor turns 18 years old, whichever is longest. TENN. CODE ANN. § 68-11-305: Hospitals’ patient records must be retained for 10 years following a patient’s discharge or death or, in the case of a minor, the records must be retained for 1 year past the patient’s 18th birthday, whichever is longer. TENN. CODE ANN. § 68-11-307: Hospitals may retain their patient records longer than the period mandated by law
Texas
Record retention is dependent on the type of provider
22 TEX. ADMIN. CODE § 165.1: Physicians must retain medical records for 7 years or, in the case of a minor patient, until the patient turns 21 years old, whichever is longest. TEX. HEALTH & SAFETY CODE § 241.103: A hospital must retain medical records for 10 years or, in the case of a minor patient, records must be retained until the patient turns 20 years old, whichever is longer
Utah
Records must be kept for a minimum of 6-9 years
UTAH ADMIN. CODE §432-100-33: Hospitals must retain medical records for 7 years. Medical records of minor patients must be kept for 4 years past the minor’s 18 birthday, but not less than 7 years.
Vermont
Records must be kept for a minimum of 10 or more years
12-5-14 VT. CODE R. §946: A hospital must maintain medical records for every patient and retain the records for 10 years. VT. STAT. ANN. tit. 18 § 1905: A hospital must retain patient records for 10 years
Virginia
Record retention is dependent on the type of provider
18 VA. ADMIN. CODE § 85-20-26: A physician, osteopathic physician, podiatrist, and chiropractor must retain medical records for 6 years or, in the case of a minor patient, records must be retained for until the patient turns 18 years old. 12 VA. ADMIN. CODE § 5-410-370: A hospital must maintain medical records for each patient and the records must be retained for 5 years after a patient’s discharge. In the case of a minor patient, the records must be retained for 5 years after the patient’s 18th birthday
Washington
Records must be kept for a minimum of 10 or more years
WASH. REV. CODE § 70.41.190: Hospitals must retain medical records for 10 years following a patient’s discharge or, in the case of a minor, 3 years following the patient’s 18th birthday, whichever is longest.
West Virginia
Records must be kept for a minimum of 3-5 years
W.VA. CODE R. 64-12-7: A hospital must retain medical records for every patient treated in its emergency room or outpatient department for 5 years.
Wisconsin
Records must be kept for a minimum of 3-5 years
WIS. ADMIN. CODE MED §21.03: A physician or physician assistant must maintain patient records and retain them for 5 years. WIS. ADMIN. CODE DHS §124.14: Hospitals must maintain medical records for at least 5 years
Wyoming
Records must be kept for a minimum of 3-5 years
WYO. STAT. ANN. § 35-2-606: Hospitals must retain medical records for 3 years.