Patient Access to Dental Records: Requirements in California

While a dentist owns patient treatment records, they must provide patients with access to their records and/or a summary of their records. A patient record includes x-rays, photographs, and models, and can include any written or recorded information regarding a patient’s treatment.

Both the US Health Insurance Portability and Accountability Act (HIPAA) and California law give patients the right to access and obtain copies of their dental records. California law is stricter than what is required under HIPAA. Under the California Dental Practice Act (DPA), California dental offices must:

• Allow patients to view/inspect records within 5 business days of a written request.
• Provide copies within 15 calendar days of the request.
• Offer copies in electronic format if readily available and requested by the patient.
• Charge only reasonable, cost-based fees for duplication (e.g., 25¢ per page or actual cost for x-rays).
• Not withhold records because of unpaid bills.

Dentists should verify patient identity before release and maintain the original record as part of the patient’s permanent file. Establishing a written policy and maintaining documentation helps ensure compliance with DPA and HIPAA requirements.