← West Virginia medical records custodian and retention laws

West Virginia — 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
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.
Clock starts
The last entry in the record or the last date of service, whichever is longer.
Also
Patients with a disability that may affect cognition or legal capacity: 20 years.
Also
Records relating to a pending claim: until the litigation is fully concluded, whatever the age of the record.
Also
HIPAA separately requires a minimum of 6 years after the last date of treatment.

What you may charge for copies

Where this comes from

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: The West Virginia per-page fee is adjusted annually for inflation - confirm before billing.

Prepared by Morgan Records Management for West Virginia. Checklist built 21 September 2026.