# Title 50 — North Dakota Board of Medicine

## Article 50-01 — General Administration

## Chapter 50-01-03 — Record Retention

### § 50-01-03-01. Record retention.

1. A licensee shall retain all medical records unless otherwise appropriately transferred to
another licensee or entity, for at least seven years from the last date of service for each
patient, except as otherwise required by law.
2. Beginning January 1, 2024, a licensee shall appoint another North Dakota licensee or other
representative or entity, to ensure that all requirements of this section are met in the event of
the licensee's death or incapacitation. Upon request by the board, the licensee shall show
proof of appointment of a representative.
3. Upon a licensee's death or retirement, the sale of a medical practice, or a licensee's departure
from the licensee's medical practice:
a. The licensee or the licensee's representative shall ensure all medical records are
transferred to another licensee or entity that is held to the same standards of
confidentiality and agrees to act as custodian of the records.
b. The licensee or the licensee's representative shall notify all active patients that the
patient's records will be transferred to another licensee or entity that will retain custody of
the patient's records and that, at the patient's written request, the records will be sent to
the patient, licensee, or entity of the patient's choice.
c. The licensee or the licensee's representative shall notify the board of the location and
contact information of the custodian of the records which may be provided to a patient
requesting such information.
History: Effective April 1, 2024.
General Authority: NDCC 43-17-07.1(10)
Law Implemented: NDCC 43-17-27.2
