Issue 13 - October 2003

Paper trails
When is it OK to destroy patient files?

Q : Though I understand and appreciate the value of keeping files, I’m running out of space! How long do I need to keep patient files and x-rays? And what is the best way to dispose of these patient records once I no longer need them?

A : In general, seven years is the time period recommended for keeping patient records — including x-rays. It’s important that you check with your state board, however, since statutory laws may govern a state’s policy on records retention.

Also, in the case of a patient who is a minor, you must retain his or her records for seven years past the expiration of the statute of limitations. And always make sure your record-retention policy is uniform, so that you’re never accused of destroying records for liability reasons.

If you purchased a practice and inherited patient records, you should also apply the seven-year rule to those documents. Occasionally, a doctor will ask about the advisability of changing to a “paperless” record keeping system to save space. “Paperless” offices require no less scrutiny and compliance than an old-fashioned paper office. The same concerns exist about who can access records, how they are protected and how they’re stored and copied for security. In court cases, it is not uncommon for computers to be seized, and experts are able to validate records’ authenticity and dates of creation.

Exercising sound office policy — whether the office is “paperless” or not — is always important. If you’d like to utilize some form of computer-generated note taking, make sure the notes are printed, reviewed and signed contemporaneously.

When you’re ready to dispose of patient records, always shred them to avoid intact records from being disclosed to unauthorized persons.

Record keeping is always a difficult subject and, in many instances, an old-fashioned concept may help resolve future issues. If at all possible, keep your records forever. This obviously depends on storage capability, security, technology, financial consideration and convenience. And keep records longer than the statutory limits whenever it’s feasible to do so.

Mark Raymie is vice president of regulatory compliance for NCMIC Group Inc. NCMIC provides malpractice protections for more than 50 percent of the chiropractic professional and offers an array of diversified financial services. For more information, call 800-769-2000, ext. 349.

Disclaimer: This article is not intended for the purpose of dispensing legal advice. Please consult your attorney regarding any legal issue related to your practice.