← Alabama medical records custodian and retention laws

Alabama — Medical Records Checklist

For a practice that is closing, being sold, relocating or whose physician is retiring. Prepared 21 September 2026.

How long records must be kept

Before you close — what this state requires

• 'Active patient' = treated one or more times in the preceding THIRTY-SIX (36) months
• Notification means US Mail form letter to last known address, OR a HIPAA-compliant electronic/portal message
• On physician DEATH: notice within 30 days - by the group practice, or by the estate's personal representative within 30 days of appointment - including a HIPAA authorization form and clear directions for transfer
• On licence SUSPENSION/REVOCATION: notify active patients within 30 days at the physician's cost, including a copy of the Commission's Order; transfer records to patients, another physician/practice, or a HIPAA-compliant entity
• On DEPARTURE from a group: whoever notifies bears the cost; if the departing physician notifies, the practice must supply the list of active patients with addresses
• Destruction: only per established office procedure, by burning/shredding/permanent deletion; RECORD the time, date and circumstances and keep that record at least FOUR years
• Rule expressly covers leaving a practice, SELLING a practice, retiring, or dying

What you may charge for copies

• $1.00 per page for the first 25 pages, 50 cents per page thereafter.
• Mailing costs, plus the actual cost of reproducing X-rays.

Where this comes from

• Ala. Admin. Code r. 540-X-9-.10 (Board of Medical Examiners)
  https://www.alabamaadministrativecode.state.al.us/
• Ala. Code s.12-21-6.1 (copy fees)
  https://alison.legislature.state.al.us/