S.D. Admin. R. 20:43:11:03

Current through Register Vol. 50, page 134, May 6, 2024

Section 20:43:11:03 - Medical Record - Retention and destruction

The following applies to medical records subject to this chapter:

(1) If a patient is an adult, the dentist must retain the medical records for seven years from the date of the last treatment, examination, or prescription;

(2) If a patient is a minor, the dentist must retain the medical records for one year after the patient reaches the age of eighteen or seven years from the date of the last treatment, examination, or prescription, whichever is longer;

(3) If medical records subject to this section are part of an investigation by the State Board of Dentistry, the dentist must extend retention of medical records until the dentist is notified that the investigation is complete;

(4) If a dentist is employed by a dental entity or another dentist, the dental entity or employing dentist is responsible for maintaining the medical records as outlined in this section; and

(5) When medical records are destroyed, confidentiality must be preserved.

S.D. Admin. R. 20:43:11:03

50 SDR 125, effective 5/8/2024

General Authority: SDCL 36-6A-14(20).

Law Implemented: SDCL 36-6A-1(6), 36-6A-14(1), 36-6A-21.1.