← Rhode Island medical records custodian and retention laws

Rhode Island — 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 7 years - and the regulation says the records may be stored by physicians OR THEIR AUTHORIZED AGENTS.
Patients who were minors: No separate minors period in this regulation.
Clock starts: The most recent patient encounter.
Also: It applies whether the patient is living or dead.
Also: A closing practice must additionally create a way for patients to obtain records for at least the next 7 years.

Before you close — what this state requires

PUBLISH A NOTICE 90 DAYS BEFORE CLOSING in a newspaper with STATEWIDE circulation, including how patients can get their medical records. Ninety days is the longest advance-notice period found in any state.
Send a letter to patients seen within the past YEAR notifying them of the closure.
NOTIFY BOTH the Rhode Island Medical Society AND the Rhode Island Board of Medical Licensure and Discipline OF THE LOCATION OF THE MEDICAL RECORDS.
Create a way for patients to obtain their records for at least the next SEVEN YEARS. A fee may be charged for copying, but transfer of the record may NOT be delayed for lack of payment.
216-RICR-40-05-1: records may be stored by physicians OR THEIR AUTHORIZED AGENTS - explicit statutory room for a custodian.
A custodian receiving a retired or deceased physician's records is itself subject to the Confidentiality of Health Care Information Act, ch. 5-37.3 - an obligation that falls on the custodian, not on the closing practice.
Underlying statute: R.I. Gen. Laws 5-37-30.

Where a records custodian fits

Rhode Island 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.

216-RICR-40-05-1: records may be stored by physicians OR THEIR AUTHORIZED AGENTS - explicit statutory room for a custodian.
A custodian receiving a retired or deceased physician's records is itself subject to the Confidentiality of Health Care Information Act, ch. 5-37.3 - an obligation that falls on the custodian, not on the closing practice.

What you may charge for copies

A fee may be charged for copying, but the transfer of a record may NOT be delayed for lack of payment.

Where this comes from

216-RICR-40-05-1
https://rules.sos.ri.gov/regulations/part/216-40-05-1
R.I. Dept. of Health, closing practices guidance (R.I. Gen. Laws s.5-37-30)
https://health.ri.gov/topics/healthcare/about/closing-practices

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 Rhode Island. Checklist built 21 September 2026.