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Patient records under the Medical Practice Act - DEL. CODE ANN. tit. 24 § 1761

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Every patient of a physician who discontinues his practice or dies must be notified how to obtain his medical records. The notification is to be done by publishing a notice in the newspaper.  A notification by first class mail must be sent to those patients that have not requested their records 30 days before the physician leaves. Any patient records that have not been procured must be retained for 7 years after the physician discontinues his practice or dies.  After these 7 years the records may be permanently disposed in a manner that ensures confidentiality.


If a patient changes care to another physician, the former physician should transfer a copy of the patient records at the request of the patient. If a patient transfers or leaves care for a period of 7 years from the last entry and fails to notify the former person, the record may be permanently disposed of in a manner that ensures confidentiality.


Patients have a right to obtain a copy of their medical records, subject to a cost established by the Board of Medicine plus the actual cost of postage or shipping.


Any person that violates this section may be determined to have committed unprofessional conduct, and a patient or personal representative may obtain damages or injunctive relief.

Current as of January 2016