QUESTION

my brother went to the dentist 4 years ago. now he needs the records but he was told there are more records. is that lawful? to destroy dental record

Asked on Jul 07th, 2012 on Consumer Law - Nevada
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1 ANSWER

R. Christopher Reade
 NRS 629.051 provides that each provider of health care shall retain the health care records of his or her patients as part of his or her regularly maintained records for 5 years after their receipt or production. Dentists are included under the definition of "providers of health care" under Chapter 629 of the Nevada Revised Statutes. Dentists are required to post in a conspicuous place in their offices a sign which discloses to patients that their health care records may be destroyed after the 5 year period. There is one (1) exception which lengthens the period of time for retention of records.  NRS 629.051(7) provides that a provider of health care shall not destroy the health care records of a person who is less than 23 years of age on the date of the proposed destruction of the records. The health care records of a person who has attained the age of 23 years may be destroyed in accordance with this section for those records which have been retained for at least 5 years or for any longer period provided by federal law.
Answered on Jul 12th, 2012 at 4:55 PM

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