West Virginia
Medical Records Custodian & Retention Laws
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West Virginia Medical Record Retention Law:
West Virginia Board of Medicine, retention guidance
- Adult patients: The Board of Medicine advises at least 10 years. Separately, the Board's legislative rules allow discipline where complete records have not been kept for at least 3 years - three years is the enforceable floor, not the recommended period, and the two are different things.
- Patients who were minors: Including immunization records: at least until the statute of limitations has passed for any claim arising from the care.
- The retention period runs from: The last entry in the record or the last date of service, whichever is longer.
- Patients with a disability that may affect cognition or legal capacity: 20 years.
- Records relating to a pending claim: until the litigation is fully concluded, whatever the age of the record.
- HIPAA separately requires a minimum of 6 years after the last date of treatment.
West Virginia closing-practice checklist
The same requirements as a checklist you can print and work through, with the retention periods, the notice each rule requires and what you may charge for copies.
Open the West Virginia checklist →
Cost W. Va. Code s.16-29-2 (fees) and s.16-29-1 (patient access)
- A search and handling fee of $20.00.
- 40 cents per page for paper copies; 20 cents per page supplied electronically, not exceeding $150 in total.
- Actual postage where mailed; $10.00 for certification by affidavit if requested.
The West Virginia per-page fee is adjusted annually for inflation - confirm before billing.
This page summarises the source above and is not legal advice. Retention periods change and several states adjust their copying fees every year, so confirm the current text before you rely on a date or a figure.