← Washington medical records custodian and retention laws

Washington — 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: 10 years - the Medical Commission concurs with the WSMA guideline; Washington has no general retention statute.
Patients who were minors: 21 years from the minor patient's birth.
Clock starts: The last contact with the patient.
Also: Deceased patients: 6 years from death.
Also: Retain INDEFINITELY where the patient is incompetent, where there were problems with care, or where litigation is involved.

Before you close — what this state requires

Notify active patients AND patients seen within the last three years
Give notice at least 30 days in advance; 90 days is stated best practice
Deliver notice by individual letter to last known address, AND electronically if that is normal for the patient, AND notice in the local newspaper
Notice must name the responsible entity/agent to contact for records, with telephone and mailing address, and say how records can be obtained or transferred
A practitioner MAY contract with a third party to act as custodian of the records
Before destruction, give patients an opportunity to claim records or have them sent to another provider
Destroy by secure means - HIPAA bars dumpster/recycling disposal until shredded, burned or otherwise rendered unreadable
RCW 70.02.080: records must be made available to a patient within 15 days of request

Where a records custodian fits

Washington 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 practitioner MAY contract with a third party to act as custodian of the records

Where this comes from

WA Medical Commission guideline GUI2017-02, effective 30 June 2017 (references chapter 70.02 RCW)
https://wmc.wa.gov/

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 Washington. Checklist built 21 September 2026.