# COMAR Title 10 — Maryland Department of Health

## Subtitle 01 — Procedures

### Chapter 16 — Retention and Disposal of Medical Records and Protected Health Information

#### Regulation .07 Prerequisites for Early Destruction of Medical Records.

*COMAR 10.01.16.07*

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

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) The proposed date of disposal; and

  (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

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) The proposed date of disposal; and

  (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.