32-1264

32-1264. Maintenance of records

A. A person licensed or certified pursuant to this chapter shall make and maintain
legible written records concerning all diagnosis, evaluation and treatment of each
patient of record. A licensee or certificate holder shall maintain records stored or
produced electronically in retrievable paper form. These records shall include:

1. All treatment notes, including current health history and clinical examinations.

2. Prescription and dispensing information, including all drugs, medicaments and
dental materials used for patient care.

3. Diagnosis and treatment planning.

4. Dental and periodontal charting. Specialist charting must include areas of
requested care and notation of visual oral examination describing any areas of potential
pathology or radiographic irregularities.

5. All radiographs.

B. Records are available for review and for treatment purposes to the dentist,
dental hygienist or denturist providing care.

C. On request, the licensee or certificate holder shall allow properly authorized
board personnel to have access to the licensee's or certificate holder's place of
practice to conduct an inspection and must make the licensee's or certificate holder's
records, books and documents available to the board as part of an investigation process.

D. Within fifteen business days of a patient's written request, that patient's
dentist, dental hygienist or denturist or a registered business entity shall transfer
legible and diagnostic quality copies of that patient's records to another licensee or
certificate holder or that patient. The patient may be charged for the reasonable costs
of copying and forwarding these records. The board by rule shall prescribe the reasonable
costs of reproduction. A dentist, dental hygienist, denturist or registered business
entity may require that payment of reproduction costs be made in advance, unless the
records are necessary for continuity of care, in which case the records shall not be
withheld. Copies of records shall not be withheld because of an unpaid balance for dental
services.

E. Unless otherwise required by law, a person licensed or certified pursuant to
this chapter or a business entity registered pursuant to this chapter must retain the
original or a copy of a patient's dental records as follows:

1. If the patient is an adult, for at least six years after the last date the adult
patient received dental services from that provider.

2. If the patient is a child, for at least three years after the child's eighteenth
birthday or for at least six years after the last date the child received dental services
from the provider, whichever occurs later.