§622-58  Retention of medical records. 
(a)  Medical records may be computerized or minified by the use of microfilm or
any other similar photographic process; provided that the method used creates
an unalterable record.  The health care provider shall retain medical records
in the original or reproduced form for a minimum of seven years after the last
data entry except in the case of minors whose records shall be retained during
the period of minority plus seven years after the minor reaches the age of majority.



(b)  Records exempt from the retention
requirement are:  public health mass screening records; pupils' health records
and related school health room records; preschool screening program records;
communicable disease reports; and mass testing epidemiological projects and
studies records, including consents; topical fluoride application consents;
psychological test booklets; laboratory copies of reports, pharmacy copies of
prescriptions, patient medication profiles, hospital nutritionists' special diet
orders, and similar records retained separately from the medical record but
duplicated within it; public health nurses' case records that do not contain
any physician's direct notations; social workers' case records; and diagnostic
or evaluative studies for the department of education or other state agencies.



(c)  X-ray films, electro-encephalogram
tracings, and similar imaging records shall be retained for at least seven
years, after which they may be presented to the patient or destroyed; provided
that interpretations or separate reports of x-ray films, electro-encephalogram
tracings, and similar imaging records shall be subject to subsection (e).



(d)  Medical records may be destroyed after the
seven-year retention period or after minification, in a manner that will
preserve the confidentiality of the information in the record; provided that
the health care provider retains basic information from each record destroyed. 
Basic information from the records of a physician or surgeon shall include the
patient's name and birthdate, a list of dated diagnoses and intrusive
treatments, and a record of all drugs prescribed or given.  Basic information
from the records of a health care facility, as defined in section 323D-2, shall
include the patient's name and birthdate, dates of admission and discharge,
names of attending physicians, final diagnosis, major procedures performed,
operative reports, pathology reports, and discharge summaries.



(e)  The health care provider, or the health
care provider's successor, shall be liable for the preservation of basic
information from the medical record for twenty-five years after the last entry,
except in the case of minors, whose records shall be retained during the period
of minority plus twenty-five years after the minor reaches the age of
majority.  If the health care provider is succeeded by another entity, the
burden of compliance with this section shall rest with the successor.  Before a
provider ceases operations, the provider shall make immediate arrangements, subject
to the approval of the department of health, for the retention and preservation
of the medical records in keeping with the intent of this section.



(f)  For the purposes of this section, the term
"health care provider" means as defined in section 671-1. [L 1984, c
150, §2; am L 1986, c 176, §1; am L 1988, c 80, §1]