Dental Records – Your top questions Answered

Can patients obtain a copy of their record?

Yes, dentists are required under legislation to respond a patient request for records within 30 days. See: Guide to health privacy (oaic.gov.au). The patient’s right to obtain a copy of their records is not negated or cancelled by any outstanding debt owed to the practitioner (i.e. you cannot withhold the records due to unpaid treatment fees).

Documenting a records request: Patients who seek a copy of their records should put their request in writing (and their identity should be verified). The request should specify exactly what records are required (e.g. radiographs alone or complete dental records). An ADA SA Records Release Template is available at: Patient Consent to Access or Release Records (adasa.asn.au)

How to send records: It is worthwhile noting that sending records via email has become the default but is generally not regarded as particularly secure. This doesn’t mean that the records cannot be transmitted by email, but it is good practice to ask the patient whether they are comfortable with email or would prefer the records to be supplied in another way.

Is it mandatory to send records to another practice? 

No. Patients can authorise a copy of their record be provided to themselves, to another dentist/practice or to a third party/organisation.

Should original records be provided?

No, original records should be retained by the practice and copies provided. In general, records relating to patients from a private practice clinical setting should be retained for a period of seven years from the date of the last consultation (adult) or, if the patient was under the age of 18 at the time of treatment, the record should be retained until the individual has reached the age of 25 years.

Can I charge to provide copies of records?

Privacy legislation allows for an appropriate charge to be made for providing the patient with a copy of their dental records. The guidelines, however state that ‘these charges should not be excessive and should not discourage an individual from accessing their records.’ You should also be aware that privacy legislation does not require a practitioner to provide any type of transcript of the records, or an explanatory report. It only mandates that copies of the records be provided.