Patient Records

MDDS staff receives calls on a regular basis from member dentists and their staff members inquiring about patient records. Following are answers to frequently asked questions. Further information regarding patient records is available at the State Board of Dental Examiners web site, www.dora.state.co.us/dental or by calling (303) 894-7763.

Q: When a patient requests his or her records, should I present the original or a copy?

A: Every patient record in your custody must available to the patient for inspection in your office upon receipt of dated and signed written request/authorization from that patient, within reasonable notice of five business days.

A copy of such records, including x-rays, must be made available to be taken out of your office upon receipt of dated and signed written request/authorization from the patient or patient's designated representative within five business days and upon payment of reasonable costs.*

In the event that a licensed health care professional determines that a copy of an x-ray is not sufficient for treatment or diagnosis, the original film must be made available to the patient or licensed health care professional or facility as specifically directed by the patient upon receipt of dated and signed written request/authorization and payment for reasonable cost of film.** If you release the original film in this manner, you will not be responsible for any loss, damage or other consequences resulting from the release. Any original x-ray you make available should be returned to you within 30 days.

Note that a "patient record," for this purpose does not include a doctor's office notes.

*In order to obtain a copy of a patient record, the patient or his or her representative must pay the "reasonable cost" that is not to exceed $12 for the first ten or fewer pages and $.25 per page for each additional page. Actual postage costs may also be charged.

**For more specific classes of records, such as x-rays or radiographs, or services you may charge additional sums upon presenting justification.

Q: May I withhold a patient's record for past due fees relating to dental treatment?

A: No

Q: How long should I retain patient records?

A: Records for minors must be kept for seven years after the patient reaches the age of 18. Records for adult patients must be kept for seven years after the last date of treatment or examination, whichever occurs at the latest date.

Q: Do I have to contact the patient before I destroy his or her records?

A: Yes. You must send written notice to the patient's last known address, or legal notice by publication within 60 days prior to destruction, allowing 30 days wherein the patient may claim his or her records. When the destruction cycle is imminent, records must be provided to the patient or legal guardian at no charge, but you may charge appropriate postage and handling cost.