Dental and medical records; require practices to offer to patients upon expiration of prescribed retention period.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Rushing

HOUSE BILL NO. 401

AN ACT TO AMEND SECTIONS 73-9-13 AND 73-43-11, MISSISSIPPI 1
CODE OF 1972, TO REQUIRE DENTIST AND PHYSICIAN PRACTICES TO OFFER 2
TO A PATIENT THE PATIENT'S RECORDS UPON THE EXPIRATION OF THE 3
PRESCRIBED PERIOD OF RETENTION; TO REQUIRE PRACTICES TO SEEK TO 4
PROCURE A PATIENT'S SIGNATURE WHENEVER THE PATIENT ELECTS NOT TO 5
TAKE POSSESSION OF THE RECORDS; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 73-9-13, Mississippi Code of 1972, is 8
amended as follows: 9
73-9-13. The State Board of Dental Examiners shall each year 10
elect from their number a president, vice president and 11
secretary-treasurer to serve for the coming year and until their 12
successors are qualified. Only dentist members of the board may 13
hold the offices of president and vice president. The board shall 14
have a seal with appropriate wording to be kept at the offices of 15
the board. The secretary and the executive director of the board 16
shall be required to make bond in such sum and with such surety as 17
the board may determine. It shall be the duty of the executive 18
director to keep a complete record of the acts and proceedings of 19
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the board and to preserve all papers, documents and correspondence 20
received by the board relating to its duties and office. 21
The board shall have the following powers and duties: 22
(a) To carry out the purposes and provisions of the 23
state laws pertaining to dentistry and dental hygiene, and the 24
practice thereof and matters related thereto, particularly 25
Sections 73-9-1 through 73-9-117, together with all amendments and 26
additions thereto. 27
(b) To regulate the practice of dentistry and dental 28
hygiene and to promulgate reasonable regulations as are necessary 29
or convenient for the protection of the public; however, the board 30
shall not adopt any rule or regulation or impose any requirement 31
regarding the licensing of dentists that conflicts with the 32
prohibitions in Section 73-49-3. 33
(c) To make rules and regulations by which clinical 34
facilities within institutions, schools, colleges, universities 35
and other agencies may be recognized and approved for the practice 36
of dentistry or of dental hygiene by unlicensed persons therein, 37
as a precondition to their being excepted from the dental practice 38
act and authorized in accordance with Section 73-9-3(g) and (h). 39
(d) To provide for the enforcement of and to enforce 40
the laws of the State of Mississippi and the rules and regulations 41
of the State Board of Dental Examiners. 42
(e) To compile at least once each calendar year and to 43
maintain an adequate list of prospective dentist and dental 44
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hygienist appointees for approval by the Governor as provided for 45
elsewhere by law. 46
(f) To issue licenses and permits to applicants when 47
found to be qualified. 48
(g) To provide for reregistration of all licenses and 49
permits duly issued by the board. 50
(h) To maintain an up-to-date list of all licensees and 51
permit holders in the state, together with their addresses. 52
(i) To examine applicants for the practice of dentistry 53
or dental hygiene at least annually. 54
(j) To issue licenses or duplicates and 55
reregistration/renewal certificates, and to collect and account 56
for fees for same. 57
(k) To maintain an office adequately staffed insofar as 58
funds are available for the purposes of carrying out the powers 59
and duties of the board. 60
(l) To provide by appropriate rules and regulations, 61
within the provisions of the state laws, for revoking or 62
suspending licenses and permits and a system of fines for lesser 63
penalties. 64
(m) To prosecute, investigate or initiate prosecution 65
for violations of the laws of the state pertaining to practice of 66
dentistry or dental hygiene, or matters affecting the rights and 67
duties, or related thereto. 68
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(n) To provide by rules for the conduct of as much 69
board business as practicable by mail, which, when so done, shall 70
be and have the same force and effect as if done in a regular 71
meeting duly organized. 72
(o) To adopt rules and regulations providing for the 73
reasonable regulation of advertising by dentists and dental 74
hygienists. 75
(p) To employ, in its discretion, a duly licensed 76
attorney to represent the board in individual cases. 77
(q) To employ, in its discretion, technical and 78
professional personnel to conduct dental office sedation site 79
visits, administer and monitor state board examinations and carry 80
out the powers and duties of the board. 81
(r) To adopt reasonable rules and regulations providing 82
for dentist practice records retention under the following minimum 83
standards: 84
(i) Dental records shall be retained by a dentist 85
in the original, microfilmed, or similarly reproduced form for a 86
minimum period of ten (10) years from the date a patient is last 87
treated by a dentist. 88
(ii) Graphic matter, images, X-ray films, and like 89
matter that were necessary to produce a diagnostic or therapeutic 90
report shall be retained, preserved and properly stored by a 91
dentist in the original microfilmed or similarly reproduced form 92
for a minimum period of three (3) years from the date a patient is 93
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last treated by the dentist. Such graphic matter, images, X-ray 94
film, and like matter shall be retained for a longer period when 95
requested in writing by the patient. 96
(iii) Dental records in their original, 97
microfilmed, or similarly reproduced form shall be provided upon 98
request to a parent or guardian of an unemancipated minor under 99
eighteen (18) without the permission of such unemancipated minor. 100
(iv) Upon the expiration of the period of 101
retention prescribed in this paragraph (r), a dentist practice may 102
retire a patient's dental records; however, before destroying or 103
otherwise disposing of the records, the practice shall contact the 104
patient to determine if the patient desires to take possession of 105
the patient's dental records. If the patient elects not to take 106
possession of the records, the dentist practice must seek to 107
procure the patient's written or electronic signature documenting 108
that the period of retention of the patient's records has expired 109
and the patient has elected not to take possession of the dental 110
records. The dentist practice shall retain a copy of the 111
documentation of the patient's election not to take possession of 112
the records. 113
SECTION 2. Section 73-43-11, Mississippi Code of 1972, is 114
amended as follows: 115
73-43-11. The State Board of Medical Licensure shall have 116
the following powers and responsibilities: 117
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(a) Setting policies and professional standards 118
regarding the medical practice of physicians, osteopaths, 119
podiatrists and physician assistants practicing with physician 120
supervision; 121
(b) Considering applications for licensure; 122
(c) Conducting examinations for licensure; 123
(d) Investigating alleged violations of the medical 124
practice act; 125
(e) Conducting hearings on disciplinary matters 126
involving violations of state and federal law, probation, 127
suspension and revocation of licenses; 128
(f) Considering petitions for termination of 129
probationary and suspension periods, and restoration of revoked 130
licenses; 131
(g) To promulgate and publish reasonable rules and 132
regulations necessary to enable it to discharge its functions and 133
to enforce the provisions of law regulating the practice of 134
medicine; however, the board shall not adopt any rule or 135
regulation or impose any requirement regarding the licensing of 136
physicians or osteopaths that conflicts with the prohibitions in 137
Section 73-49-3; 138
(h) To enter into contracts with any other state or 139
federal agency, or with any private person, organization or group 140
capable of contracting, if it finds such action to be in the 141
public interest and in the furtherance of its responsibilities; 142
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(i) Perform the duties prescribed by Sections 73-26-1 143
through 73-26-5; 144
(j) Perform the duties prescribed by the Interstate 145
Medical Licensure Compact, Section 73-25-101; and 146
(k) To adopt reasonable rules and regulations providing 147
for physician practice records retention under the following 148
minimum standards: 149
(i) Medical records shall be retained by a 150
physician in the original, microfilmed, or similarly reproduced 151
form for a minimum period of ten (10) years from the date a 152
patient is last treated by a physician. 153
(ii) Graphic matter, images, X-ray films, and like 154
matter that were necessary to produce a diagnostic or therapeutic 155
report shall be retained, preserved and properly stored by a 156
physician in the original, microfilmed, or similarly reproduced 157
form for a minimum period of three (3) years from the date a 158
patient is last treated by the physician. Such graphic matter, 159
images, X-ray film, and like matter shall be retained for a longer 160
period when requested in writing by the patient. 161
(iii) Medical records in their original, 162
microfilmed, or similarly reproduced form shall be provided upon 163
request to a parent or guardian of an unemancipated minor under 164
eighteen (18) without the permission of such unemancipated minor. 165
(iv) Upon the expiration of the period of 166
retention prescribed in this paragraph (k), a physician practice 167
H. B. No. 401 *HR31/R459* ~ OFFICIAL ~
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ST: Dental and medical records; require
practices to offer to patients upon expiration
of prescribed retention period.
may retire a patient's medical records; however, before destroying 168
or otherwise disposing of the records, the practice shall contact 169
the patient to determine if the patient desires to take possession 170
of the patient's medical records. If the patient elects not to 171
take possession of the records, the physician practice must seek 172
to procure the patient's written or electronic signature 173
documenting that the period of retention of the patient's records 174
has expired and the patient has elected not to take possession of 175
the medical records. The physician practice shall retain a copy 176
of the documentation of the patient's election not to take 177
possession of the records. 178
SECTION 3. This act shall take effect and be in force from 179
and after July 1, 2026. 180