Section 5.13 - Patient Records, Confidentiality, Retention, and Availability(1)Content of Patient Record. Patient records include, but are not limited to, dental charts, photographs, patient histories, examination and test results, diagnoses, treatment plans, progress notes, anesthesia charts, orthodontic models, prescriptions, radiographs, patient consents, and billing records.(2)Confidentiality of Patient Records. All patient records including, but not limited to, dental charts, photographs, patient histories, examination and test results, diagnoses, treatment plans, progress notes, anesthesia charts, orthodontic models, prescriptions, radiographs, patient consents, and billing records of any patient treated shall be maintained in a manner that ensures confidentiality and access for patients and authorized practitioners who may wish to obtain a copy of patient records.(3)Record Retention Requirement. The licensee shall maintain a patient's original dental record and original radiographs (x-rays) for a minimum of seven years from the date of the last patient treatment. In addition, the patient record of a minor shall be retained for a minimum of seven years from the date of the last patient treatment or three years from when the patient has reached the age of majority, whichever is later.(4)Availability of Dental Records.(a)Request for Copy of Dental Record. The licensee shall provide upon request by a patient or another specifically authorized person, a complete copy of the patient's dental record in accordance with M.G.L. c. 112, § 12CC. A copy of the patient record, including radiographs, shall be provided within a reasonable amount of time not to exceed 30 calendar days from the date of the request. The licensee may charge a reasonable fee for the expense of providing a patient's dental record, not to exceed the cost of either labor and/or materials incurred in the copying of the patient record, radiographs and models. The licensee shall not require payment for dental services rendered as a condition of providing a copy of the dental record. A dentist may offer to provide the patient with a summary of the patient's record, but the summary shall not be in lieu of the complete patient record if requested.(b)Treatment in a School Setting. Where consent has been granted by the patient or legal representative, a copy of the patient's Information Sheet or other written summary of the screening, examination, or treatment shall be provided to the official designated by the school.(c)Treatment in a Nursing Home or Residential Treatment Facility. A copy of the patient's information sheet or other written summary of the screening, examination, or treatment shall be provided to the official designated by the facility or institution and shall be made part of the patient record maintained by the nursing home or residential facility.(d) If the licensee dies and the practice is closed, the estate may notify patients treated within the two years prior to the date of passing. Said notice shall inform patients of how they may obtain a copy of their patient record, including radiographs. Notice may be by a written letter to each patient, by electronic notice, public notice in the appropriate newspaper, and/or by other means which is widely disseminated. A copy of said notice must be submitted to the Board upon issuance and/or publication.(e) Electronic patient records shall comply with the requirements of 234 CMR 5.13 and 5.14 and shall be unalterable and producible in paper form upon request.Amended by Mass Register Issue 1271, eff. 10/10/2014.