← Maryland medical records custodian and retention laws

Maryland — 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

Adult patients: 7 years - NOT the 5 years widely repeated. A provider may not destroy a record before then unless the patient is notified.
Patients who were minors: Until the patient attains the age of majority PLUS 7 years, again unless notice is given.
Clock starts: The date the record or report was made.
Also: This applies to medical records and to laboratory and X-ray reports alike.

Before you close — what this state requires

On ceasing practice, retiring or death: the provider, the administrator of the estate, or a DESIGNEE shall forward the statutory notice BEFORE any destruction or transfer of records
A designee may maintain the records only if it gives WRITTEN ASSURANCE TO THE RELEVANT HEALTH OCCUPATION BOARD that it will comply with s.4-403 - the custodian must give the board that assurance
Early destruction is permitted only where the required patient notice has been given

Where a records custodian fits

Maryland law addresses a records custodian directly in the items above. Morgan Records Management performs this role; the duties below are the ones that transfer to, or must be evidenced by, whoever holds the records.

On ceasing practice, retiring or death: the provider, the administrator of the estate, or a DESIGNEE shall forward the statutory notice BEFORE any destruction or transfer of records
A designee may maintain the records only if it gives WRITTEN ASSURANCE TO THE RELEVANT HEALTH OCCUPATION BOARD that it will comply with s.4-403 - the custodian must give the board that assurance

Where this comes from

Md. Health-General s.4-403
https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ghg&section=4-403

Read this before you act on it. Every statement above was taken from the state's own published rule or statute and is quoted or closely paraphrased from it. It is a working checklist, not legal advice, and it is a snapshot: retention periods change, and several states adjust their copying fees every year. Confirm the current text with the source listed above, or with your attorney, before you rely on a date or a dollar figure.

Figures stated as of: Verified September 2026

Prepared by Morgan Records Management for Maryland. Checklist built 21 September 2026.