12-2297. Retention of records
A. Unless otherwise required by statute or by federal law, a health care provider
shall retain the original or copies of a patient's medical records as follows:
1. If the patient is an adult, for at least six years after the last date the adult
patient received medical or health care services from that provider.
2. If the patient is a child, either for at least three years after the child's
eighteenth birthday or for at least six years after the last date the child received
medical or health care services from that provider, whichever date occurs later.
3. Source data may be maintained separately from the medical record and must be
retained for six years from the date of collection of the source data.
B. When a health care provider retires or sells the provider's practice the
provider shall take reasonable measures to ensure that the provider's records are
retained pursuant to this section.
C. A person who is licensed pursuant to title 32 as an employee of a health care
provider is not responsible for storing or retaining medical records but shall compile
and record the records in the customary manner.
D. A nursing care institution as defined in section 36-401 shall retain patient
records for six years after the date of the patient's discharge. For a minor, the nursing
care institution shall retain the records for three years after the patient reaches
eighteen years of age or for six years after the date of the patient's discharge,
whichever date occurs last.
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