← South Dakota medical records custodian and retention laws

South Dakota — 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: South Dakota sets no separate PHYSICIAN-OFFICE period. Its 10-year rules are facility rules: hospitals under ARSD 44:75:09:06 and nursing facilities under ARSD 44:73:09:06.
Patients who were minors: Under BOTH facility rules: until the minor reaches the age of majority PLUS 2 YEARS, but no less than 10 years.
Clock starts: Hospitals: the actual visit date of service or patient care. Nursing facilities: the date of established resident care.
Also: Retention for 10 years is not affected by additional or future visit dates.

Before you close — what this state requires

ARSD 44:73:09:09, 'Disposition of medical records on closure of facility or transfer of ownership' - if a facility ceases operation it must provide for SAFE STORAGE AND PROMPT RETRIEVAL of medical records and the resident indexes.
It names four permitted options, and the fourth is a records custodian: storage with another facility of the same licensure classification; transfer to another provider at the resident's or representative's request; relinquish to the resident or representative; or 'ARRANGE STORAGE OF REMAINING MEDICAL RECORDS WITH A THIRD-PARTY VENDOR WHO PROVIDES SECURE STORAGE OF HEALTH CARE RECORDS'.
AT LEAST SIXTY DAYS BEFORE CLOSURE the facility shall notify the department IN WRITING of the provisions for safe preservation of the records and the records' location, AND publish in the nearest legal newspaper or share on the facility's website the location and disposition arrangements.
If ownership is transferred, the new owner must maintain the records in accordance with the chapter.

Where a records custodian fits

South Dakota 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.

It names four permitted options, and the fourth is a records custodian: storage with another facility of the same licensure classification; transfer to another provider at the resident's or representative's request; relinquish to the resident or representative; or 'ARRANGE STORAGE OF REMAINING MEDICAL RECORDS WITH A THIRD-PARTY VENDOR WHO PROVIDES SECURE STORAGE OF HEALTH CARE RECORDS'.

Where this comes from

ARSD 44:75:09:06 (hospitals) and ARSD 44:73:09:06 (nursing facilities)
https://sdlegislature.gov/Rules/Administrative/44:75:09:06
ARSD 44:73:09:09 (disposition of records on closure or transfer of ownership)
https://sdlegislature.gov/Rules/Administrative/44:73:09:09

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 South Dakota. Checklist built 21 September 2026.