Privacy Law Library

Medical record retention and destruction

MD Medical Records Retention Law

Health · Data security

Maryland health care providers must keep medical records and lab and X-ray reports for 7 years (for minors, until age of majority plus 7 years) unless they notify the patient first. The notice, now allowed by email with a mail fallback under 2025 ch. 695, must give the destruction date and where to retrieve the record, and records must be available for retrieval for 60 days before destruction.

Where
Maryland
Citation
Md. Code, Health-Gen. § 4-403
Status
In force
Last amended
2025-10-01
Enforced by
Maryland Department of Health and the relevant health occupations boards (not specified in section)
People can sue
No
Penalties
No specific penalty in § 4-403; the Secretary of Health adopts destruction regulations (4-403(g)).
Applies to
  • Licensed health care providers and facilities listed in 4-403(a), including hospitals, HMOs, physicians, dentists, nurses, pharmacists, psychologists, counselors, and social workers, and their agents and employees

What a privacy notice must say

  • Send destruction notice by first-class mail or email stating the destruction date and where the record may be retrieved; if an emailed notice gets no response or delivery receipt, mail it at least 10 days before destruction.Health-Gen. 4-403(d) · From 2025-10-01

Practices it requires

  • Do not destroy a patient's medical record or lab or X-ray report within 7 years of its creation (for minors, until majority plus 7 years) unless the patient (or parent or guardian) is notified.Health-Gen. 4-403(b)-(c)
  • Make the record available for retrieval at the designated location within the 60 days before destruction, and give notice before destroying or transferring records on death, retirement, or closure of a practice.Health-Gen. 4-403(e)-(f)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Attribution of the email-notice change to 2025 ch. 695 (vs. 2024 ch. 779, HB 149) is inferred from bill titles; enactment date of the underlying section not verified.

Research reference, not legal advice.