Does state or federal law set forth a specific manner in which obsolete patient records must be destroyed?
No. However, patient records must be destroyed in a manner that protects patient confidentiality. The best way to dispose of records is by shredding, mutilation, or similar protective measures. If arrangements are made with third parties or entities for the destruction of patient records, a written agreement should be obtained clearly obligating the entity to safeguard confidentiality as well as indemnity and hold harmless you and your practice from any breach of confidentiality for which they are responsible. Before destroying records, confirm the timeframes of the specific record retention laws in the state in which you practice.
