Jan 20, 2026
By Briana L. Rummel, Attorney. Originally published in the Winter 2026 Edition of North Dakota Physician.
Retirement marks a significant milestone in a provider’s professional life. While stepping away from clinical practice is a personal decision, it carries ongoing legal and ethical responsibilities, particularly with respect to medical records and patient notification. North Dakota law imposes certain obligations on providers at the time of retirement. Understanding these requirements in advance can help ensure a smooth transition, protect patients and clinicians, and avoid a claim of noncompliance.
North Dakota law establishes a baseline record-retention obligation that applies to all individuals licensed by the North Dakota Board of Medicine. Under Section 43-17-27.2(1) of the North Dakota Century Code, licensees must “retain all medical records, unless otherwise appropriately transferred to another licensee or entity, for at least seven years from the last date of service for each patient, except as otherwise required by law.”
This requirement reflects the reality that medical records often remain clinically, legally, and administratively relevant well after active treatment ends and is aligned with a patient’s right to access and receive their records. Importantly, the statute allows clinicians to satisfy their retention obligation either by maintaining the records themselves or by appropriately transferring them to another qualified custodian.
Ensure Medical Records are Transferred to Another Licensee
Consistent with this statute, the North Dakota Board of Medicine adopted Section 50-01-03-01 of the North Dakota Administrative Code. This implementing regulation requires a licensee, or their designated representative, to “ensure all medical records are transferred to another licensee or entity that is held to the same standards of confidentiality and agrees to act as a custodian of the records.” Retiring providers should carefully consider the available custodial options, including other healthcare providers, healthcare facilities, or third-party record management entities to ensure compliance.
Inform Patients of Medical Record Transfers
In addition to arranging for the retention and provision of records, retiring providers have affirmative patient notice obligations as well. The Administrative Code requires that active patients be informed that their medical records will be transferred to another licensee or entity that will retain custody of the records, and upon the patient’s written request, the records will be sent to the patient or to a licensee or entity of the patient’s choosing. This notice requirement ensures continuity of care and preserves the patient’s ability to direct the future use and transfer of their records. Best practices typically include written notification delivered sufficiently in advance of retirement to allow patients time to respond and make informed choices. Providing advance notice may also reduce subsequent record requests postretirement and help address any claims of patient abandonment.
Notify the ND Board of Medicine
Finally, retiring physicians must notify the North Dakota Board of Medicine of “the location and contact information of the custodian of the records which may be provided to a patient requesting such information.” N.D. Admin. Code § 50-01-03-01(3). This requirement ensures regulatory oversight and provides an additional safeguard for patients who later seek access to their records. Providers should maintain documentation of this notification as part of their retirement records.
“Understanding North Dakota’s record-retention and patient-notification requirements before retirement helps protect patients, clinicians, and compliance.”
Multiple Jurisdiction License Responsibilities
In today’s healthcare landscape, it is increasingly common for clinicians to hold licenses in multiple jurisdictions. Retirement planning for today’s multi-licensed clinician must include a jurisdiction-by-jurisdiction assessment of ongoing regulatory obligations long after the last patient encounter. Early planning allows time to identify an appropriate custodian, prepare patient notifications, and coordinate with the Board of Medicine. In addition, clinicians would be wise to consult with their professional liability carrier and experienced health care counsel well in advance of retirement or a practice transition to identify jurisdiction-specific requirements, avoid inadvertent noncompliance, and consider ways to mitigate the risk of future claims. Importantly, the law establishes the floor for medical record retention and patient notification requirements. In some circumstances, depending upon the provider’s practice and patient population, a longer retention and/or notice period may be advised.