Dental Records Storage and Recovery of Damaged Records

Originally published in the February/March 2012 issue of Dispatch

How long do I have to keep dental records?

The required retention period depends on the age of the patient. For adult patients, dental records must be retained for at least 10 years after the date of the last entry in the record. For a child, dental records need to be kept for 10 years after the child reaches or would have reached the age of 18.

I don’t have room in my office to store all of my archived records. Can they be stored off-site?

Yes. The only proviso is that privacy legislation requires that dental records of patients must be stored in secure premises to prevent unauthorized access. You must also take reasonable steps to protect the records from theft and damage from fire or flood. This might mean, for example, storage in waterproof plastic bins with lids.

It is also recommended that stored records be kept in a systematic fashion so they can be easily retrieved if the patient returns to the practice or if they are needed for another purpose.

If I decide to store my archived records offsite, do I need to notify my patients or former patients?

It is not necessary to notify patients if the records are archived in the basement of the dental office or in some other area controlled by the dentist. However, if the records are moved to premises that are not under the control of the dentist, such as a private record storage facility, provincial privacy legislation requires that patient consent be obtained before the records can be stored in such a facility.

There was a flood/fire in my dental office and my dental records were destroyed. What do I have to do?

The first step is to see which records can be retrieved or salvaged. There are companies that specialize in recovery/ reconstruction of paper records and data recovery for electronic records. Your general liability or office overhead insurance policy may cover some of these costs.

As for electronic records, the College does recommend that they be backed up on a routine daily basis and stored in a physically secure environment off-site. In addition, your recovery procedures should be periodically tested to ensure that all patient records and critical data can be retrieved and reliably restored from the backup copy.

If the system cannot be restored from a backup copy, it may be possible to recover data from a damaged hard drive.

Do I need to notify patients that their records were damaged or destroyed?

The College advises dentists to notify patients currently in treatment and other active patients about what has occurred and what records may need to be recreated. For example, this might include examinations or radiographs or other diagnostic records and medical histories required to provide sufficient information to deliver safe and appropriate dental care. Patients can be notified verbally, by posting a notice in the office, or in writing.

Should I notify the College of this mishap?

If your records have been destroyed by fire or flood, you can notify the College that this has occurred. This information could be helpful if later on there is an investigation of a complaint or a lawsuit (claim) filed against you.

In any report that you might make, you should describe the steps that you have taken to salvage or reconstruct the dental records and what records are remaining; for example, electronic records of treatment provided in the patients’ financial records.

Your notification should be in writing and you can request that it be placed in your permanent file. These files are retained indefinitely at the College, even after you are no longer registered or are deceased.