State Board approves proposed rule changes increasing medical-record retention periods

The Mississippi State Board of Medical Licensure on March 2025 voted to accept proposed changes to the board’s rules on medical-record maintenance and release, increasing most retention requirements and aligning regulatory language with recent legislative revisions.

The Rules and Regulations Committee recommended replacing the existing seven-year retention standard with a 10-year minimum for most medical records and retaining graphic materials such as X-rays for five years, with an added clause that such materials may be kept longer “when requested in writing by the patient.” Committee chair Doctor Joiner said the changes “basically mirror the changes made in Senate Bill 2873” and that struck-through text in the draft indicates removals while underlined text shows additions.

The board’s executive director, Doctor Ken Cleveland, summarized practical implications for licensees, noting the changes adopt statutory language and that the board attempted to follow the legislature’s wording closely. Paul Barnes, counsel to the board, advised the panel that the rule text includes precisely that legislative language and warned the board that the phrase allowing indefinite retention “when requested in writing” could present unusual scenarios; he recommended the board apply “a rule of reason” if an extreme case arises.

Board members discussed implementation and the administrative review path. Members clarified that the motion accepted the committee’s recommended changes as a first passage: the amendments will be posted on the secretary of state’s website for public comment, come back for a second passage at a later board meeting, and then be submitted to the Office of Legislative Research and Counsel (OLRC) for final approval before taking effect. The board and staff set an effective date of Jan. 1, 2026, reflecting the expected time required for the rulemaking process.

The board approved the committee recommendations in an open vote. Doctor Loper moved to accept the Rules & Regulations Committee recommendation; the motion was seconded and carried. The board president said the proposal will be posted for public comment and that the public will have an opportunity to offer feedback before the board’s second passage vote.

If adopted after the full rulemaking process, the changes will (1) require retention of medical records for 10 years from the date a patient was last treated for new patients or for any patient seen after Jan. 1, 2022; (2) require graphic matter, imaging and X-rays to be kept five years from the date last treated, and longer if a patient requests it in writing; and (3) make conforming updates to other sections of the board’s administrative code that reference the retention period.