← North Carolina medical records custodian and retention laws

North Carolina — 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: North Carolina has NO statutory retention requirement for physician office records - the Board says so itself. Its guidance figure is 11 years.
Patients who were minors: Guidance: the age of majority (18) plus 7 years, i.e. to age 25.
Clock starts: The last contact with the patient.
Also: These are NCMS and Curi RECOMMENDATIONS that the Board publishes - the difference between guidance and law matters here.
Also: Diagnostic images: 5 years from the procedure.
Also: Deceased patients: 5 years after death.
Also: Fetal heart monitor traces: 10 years after the infant reaches 18.
Also: Retain PERMANENTLY: operative notes, the register of surgical procedures, chemotherapy records, immunization records, master patient indexes, and birth and death records.

Before you close — what this state requires

A solo practitioner retiring or closing must send a letter to patients with sufficient time to seek alternative care - THIRTY DAYS AT A MINIMUM - and an opportunity to collect records or have them transferred.
Where patients cannot be reached, place a notice on the practice website and in the local newspaper saying how and where to collect records.
A departing solo physician may ask a fellow physician still practising in the community to serve as CUSTODIAN of the records.
N.C. Gen. Stat. 90-5.1 lets the NORTH CAROLINA MEDICAL BOARD ITSELF APPOINT A CUSTODIAN where no one comes forward - the Board says it is reluctant to, except in extenuating circumstances such as a physician abandoning a practice or the death of a solo practitioner.
A CONSTRAINT AS WELL AS AN AUTHORISATION, and it must be quoted accurately - NCMB Position Statement: 'Licensees should not relinquish control over their patients' medical records to third parties unless there is an enforceable agreement that includes adequate provisions to protect patient confidentiality and to ensure access to those records.'
On transferring originals to another physician, have a WRITTEN AGREEMENT preserving your own access for a reasonable period and requiring compliance with all federal and state requirements.

Where a records custodian fits

North Carolina 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.

A departing solo physician may ask a fellow physician still practising in the community to serve as CUSTODIAN of the records.
N.C. Gen. Stat. 90-5.1 lets the NORTH CAROLINA MEDICAL BOARD ITSELF APPOINT A CUSTODIAN where no one comes forward - the Board says it is reluctant to, except in extenuating circumstances such as a physician abandoning a practice or the death of a solo practitioner.

What you may charge for copies

A fee may be charged under N.C. Gen. Stat. s.90-411.

Where this comes from

NC Medical Board, 'The Doctor is Out: A Physician's Guide to Closing a Practice'
https://www.ncmedboard.org/images/uploads/article_images/Physicians_Guide_to_Closing_a_Practice_92619.pdf

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 North Carolina. Checklist built 21 September 2026.