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.