Medical records that have not met the retention requirements of Regulation .04 of this chapter, may be destroyed only if:

1. A. In the case of an adult, notification is sent by first-class mail to the last known address of the patient which includes:

   1. (1) The proposed date of disposal; and
   2. (2) A statement that the record, or a synopsis of the record, may be retrieved at a designated location within 30 days of the proposed destruction; or

2. B. In the case of a minor, notification is sent by first-class mail to the last known address of the parent or guardian, or if the medical care documented was provided under Health-General Article, §20-102(c) or 20-103(c), Annotated Code of Maryland, notification is given to the minor, by certified mail, addressee only, which includes:

   1. (1) The proposed date of disposal; and
   2. (2) A statement that the record, or a synopsis of the record, may be retrieved at a designated location within 30 days of the proposed destruction.

Authority: Health-General Article, §4-403, Annotated Code of Maryland;

Effective date: March 24, 2008 (35:6 Md. R. 697)