Bulletin
Maryland State Board of Dental Examiners
Patient Records and What a Dentist May Charge for Copies
A frequent source of complaints received by the Dental Board stems from confusion
regarding the law governing the release of copies of medical records. The applicable law
can be found in the Code of Federal Regulations (“CFR”) 45 CFR §164.524(c) and the
Annotated Code of Maryland, Health General Article, (“HG”) §§ 4-304 and 4-309. The
law provides that dentists, as well as other health care providers, are required to release
copies of medical records to patients who request them in writing, within 21 working
days of the request. The patient may also request that the records be forwarded directly to
another dentist. The originals may be retained by the treating dentist, or if the practice has
been sold, the new dentist owner may retain the original records. Although the law
provides for 21 working days to provide the copies, the Board appreciates dentists
providing the copies at the earliest opportunity since the patient usually seeks the records
for subsequent dental treatment. The Board also asks that dentists contact patients at their
earliest opportunity once a request for a copy of records has been made, whether the
request was made orally or in writing, so that any confusion over the request, or the
payment of copying fees may be avoided. In short, there should be communication.
Please note the following:
A patient is entitled to a copy of their records, or the patient may request that the copies
be forwarded to another health care provider;
A dentist may not refuse to provide copies of records because of the failure of the patient
to pay for health care (in other words, any outstanding balance the patient may owe for
treatment is irrelevant);
A dentist may require that the appropriate copying fees be paid prior to providing the
copies;
Dentists may charge no more than the following for copies of dental records:
76 cents per page for copying of each page of the medical record. (No copying fee if
originals are released. This cost has been adjusted in accordance with the Consumer Price
Index as allowed by HG §4-304); Add to this figure:
For copies of x-rays, models, and photographs, a dentist may charge a reasonable, cost
based fee, provided that the fee includes only the cost of copying, including the cost of
supplies for and labor of copying. (No copying fee if the originals are released); Add to
this figure:
Actual cost of postage (stamps) only if the records are mailed.
Note that for those records that are transmitted electronically, the allowable charge is
only the reasonable cost of actual labor associated with the transmission.
Please note that pursuant to the CFR a preparation fee and retrieval fee which was
formerly permitted under HG §4-304(c) may no longer be charged.
There are no other applicable fees for copying medical records or x-rays. Please note that
the records laws and fees affected by the Consumer Price Index may change with time.
(Revised April 22, 2015)
