← New York medical records custodian and retention laws

New York — 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: At least 6 years.
Patients who were minors: Obstetrical records and records of minor patients: at least 6 years, and until one year after the minor reaches 18.
Clock starts: Not specified as discharge - this is the physician rule, which runs on the record itself.
Also: Failing to maintain the record is professional misconduct, and that survives the practice closing.
Also: Do not use the hospital figure here: 10 NYCRR 405.10 is a HOSPITAL licensing rule and its 'three years after the age of majority' formulation is not the physician rule.

Before you close — what this state requires

Educ. Law 6530(32) is a professional-misconduct provision - failing to maintain the record IS misconduct, which survives the practice closing.

What New York does not require

Stated so nobody infers a duty that is not there.

No affirmative custodian-appointment duty located in Educ. Law 6530; page omits retention framing for physicians entirely.

Where this comes from

N.Y. Education Law s.6530(32)
https://www.nysenate.gov/legislation/laws/EDN/6530

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 New York. Checklist built 21 September 2026.