How long do you have to keep medical records in California?

How long do you have to keep medical records in California?

There are rules that tell doctors and hospitals how long they must hold onto (retain) your medical records before they can throw them away. Keeping medical records for a set time is called record retention. In California, medical records law requires providers to keep most patient records for a minimum number of years. This is to make sure the information is available when needed. Here are the basic rules for California medical record retention:

• Adult patients: For an adult, medical records must be kept for at least 7 years after the date of your last visit or treatment. This means if you stop seeing a doctor today, they still have to keep your file for at least seven more years.

• Minor patients: If the patient is a minor, the records must be kept until at least 1 year after the child turns 18 – and in any case, no less than 7 years total​. In practice, that usually means a minor’s records are kept until at least age 19. (For example, if you visit a doctor at 15 years old, your record should be kept at least until you are 22, because 7 years later you’d be 22, which is beyond 19.)

• Doctors’ offices (physicians): California’s Medical Practice Act now specifically requires doctors to keep patient records for a minimum of 7 years after the last date of service​. This law (Business and Professions Code §2266) took effect in 2024 to make the rule clear. So your family doctor or specialist must save your file for at least seven years, just like the rule for adults above.

• Hospitals and clinics: Hospitals in California have similar rules – they must keep adult patients’ records for at least 7 years after discharge, and keep minors’ records until at least age 19​. In fact, California regulations say that hospital records, including X-rays, must be preserved for a minimum of 7 years, and for minors they must be kept for the required time after the child becomes an adult​.

These are the minimum requirements. In many cases, providers keep records longer than this. Sometimes other laws or guidelines suggest a longer time. For example, for certain patients under California’s Medi-Cal program (a public health insurance program), records must be kept for 10 years​. Also, if a doctor is aware of a potential legal need (like a patient injury claim), they might hold records longer to be safe. But generally, 7 years for adults and until age 19 for minors are the key time frames in California law.

Why is it important to keep your medical records?

• Better care in the future: Keeping your records means that if you go back to the hospital or see a new doctor years later, they can review your health history. The record is like a story of your health. It helps doctors understand what treatments you’ve had and what worked or didn’t. (In fact, California law says the medical record is maintained for the benefit of the patient and the medical staff​.) This way, you get safer and more informed care.

• Proof and information: Your medical record is also a legal document showing what happened during your care. If there’s ever a question about a treatment you received or if you need proof of a vaccination or surgery years later, the record is there as evidence. For example, schools or sports teams might ask for vaccine records, or you might need old records for a disability claim. Keeping records ensures that information isn’t lost when you need it.

• Following the law and protecting everyone: California medical records law requires these records to be kept, which protects patients’ rights and holds healthcare providers accountable. If something about your care is reviewed (for instance, in a complaint or lawsuit), the records show exactly what was done. By keeping records the required time, doctors and hospitals follow the rules and can answer questions about the care you received. It’s part of being professional and responsible.

Sources: California Health & Safety Code §§123100-123149.5; California Code of Regulations Title 22, §70751; California Business & Professions Code §2266; California Welfare & Institutions Code §14124.1; Medical Board of California guidelines​

Do you know who owns healthcare records in CA? Also, learn about the benefits of electronic health records for patient and take these easy steps to keep your healthcare records organized.

External links to help you dig deep into the topic:

1. mbc.ca.gov

2. law.cornell.edu

3. mbc.ca.gov