Recently, the Texas Board of Medical Examiners passed a rule specifying the time periods for which physicians should retain medical records. Following are the minimum retention periods required by the Department of Health of the state of Texas.
TEXAS ADMINISTRATIVE CODE
(a) Each licensed physician of the Board shall maintain an adequate medical record for each patient. For purposes of this section, “adequate medical record” shall mean any records documenting or memorializing the history, diagnosis, and treatment of any patient.
(b) A licensed physician shall maintain adequate medical records of a patient for a minimum of seven years from the anniversary date of the date of last treatment by the physician.
(c) If a patient was younger than 18 years of age when last treated by the physician, the medical records of the patient shall be maintained by the physician until the patient reaches age 21 or for seven years from the date of last treatment, whichever is longer.
(d) A physician may not destroy medical records that relate to any civil, criminal or administrative proceeding if the physician knows the proceeding has not been finally resolved.
(e) Physicians shall retain medical records for such longer length of time …