Hospital medical records

AN ACT Relating to the retention of hospital medical records; and 1
amending RCW 70.41.190. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 70.41.190 and 1985 c 213 s 27 are each amended to 4
read as follows: 5
((Unless specified otherwise by the department, a hospital shall 6
retain and preserve all medical records which relate directly to the 7
care and treatment of a patient for a period of no less than ten 8
years following the most recent discharge of the patient; except the 9
records of minors, which shall be retained and preserved for a period 10
of no less than three years following attainment of the age of 11
eighteen years, or ten years following such discharge, whichever is 12
longer.))13
(1) A hospital shall retain and preserve all medical records for 14
a minimum period of 26 years from the date the record was created. A 15
hospital may retain medical records on paper, microfilm, 16
electronically, or on other media.17
(a) This subsection applies to:18
(i) Medical records created prior to the effective date of this 19
section and retained or preserved by the hospital on the effective 20
date of this section; and21
S-0548.1
SENATE BILL 5239
State of Washington 69th Legislature 2025 Regular Session
By Senators Slatter, Nobles, and C. Wilson
Read first time 01/14/25. Referred to Committee on Health & Long-
Term Care.
p. 1 SB 5239
(ii) Medical records created on or after the effective date of 1
this section.2
(b) This subsection does not apply to medical records no longer 3
retained and preserved by the hospital on the effective date of this 4
section if the hospital complied with this section as it existed 5
prior to the effective date of this section when it destroyed or 6
otherwise disposed of the records.7
(c) This subsection does not exempt hospitals from compliance 8
with any other record retention requirements.9
(2) If a hospital ceases operations, it shall make immediate 10
arrangements, as approved by the department, for preservation of its 11
records. 12
(3) The department shall by regulation define the type of records 13
and the information required to be included in the medical records to 14
be retained and preserved under this section; which records may be 15
retained in photographic form pursuant to chapter 5.46 RCW.16
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p. 2 SB 5239