Who owns my dental x-rays in state of California?

Question

I need to change dentists. My previous dental office says there is a charge of $25. to copy the x-rays, and that they are required by law to keep the originals with my records. Is this correct?

Answer 1

In most states dental records are required to be kept by the doctor who saw the patient. Dental records are used for identification and are needed to be kept on file. Therefore they must be copied. The dentist can charge you extra for the copies if they are released to you. You can request that the dentist give send or fax the material to your new dentist and they are not supposed to charge for this, however some will try. If they are released to you they have the right to charge.

Answer 2

Under Federal Law*, your dentist must supply you with *copies* of your records. A moderate duplication fee may be charged. $25 sounds a little high, but it depends on how many x-rays you are asking for. Only get the most recent: Bitewings are good for one year, a Full Mouth Series - 5 years.

Do you owe this dentist money? Charging for x-rays is one way dentists can try to collect an unpaid balance.

Yes, they must keep originals for 7 to 10 years. They are liable for work they have done, as well as identifying your body if you explode some day.


*The Federal Law applies to any dentist who is a HIPAA "covered entity", that is - if the office transmits any information electronically.

Answer 3

In my state, the dentist owns the records. You paid for the VISIT to create the records (including x-rays) and you are entitled to a COPY of the records, but the dentist can charge a fair fee for this service.

Answer 4

THE FEDERAL LAW WHICH APPLIES TO ALL DENTISTS IN THE U.S. REQUIRES ORIGINAL RECORDS AND RADIO GRAPHS (X-RAYS) BE KEPT BY THE DENTIST. COPIES OF THESE RECORDS MAY BE GIVEN TO THE PATIENT FOR A FEE WHICH IS REASONABLE.

Answer 5

you do