HEALTH RECORDS MANAGEMENT

Health Records Retention/Destruction Policy

  1. This policy is based on Health Services Circular HSC 1999/053 “For the Record” and it should be read in conjunction with the “Procedure for the Retention/Destruction of Health Records”.
  1. (Insert the arrangements exist for the retention/destruction of x-ray films, scans etc which may be separate from the arrangements for health records)
  1. It should be noted that clinical records of individual patients will not normally be preserved permanently under the Public Records Act 1958. However where legitimate circumstances exist for a health record to be retained for longer than the minimum retention periods specified in 4. below, the Health Records Manager will make the necessary arrangements for extended retention on application in writing. The health records will be marked “Not for destruction” and a copy of the written application should be filed in the folder.
  1. Personal health records must be retained for the minimum periods specified in HSC 1999/053, which take account of the Limitation Act 1975, and the Congenital Disabilities (civil Liability) act 1976. The retention periods are as follows:-
  1. Obstetric records – Twenty five (25) years; or eight (8) years after

the death of the child (but not the mother) if sooner;

  1. Records relating to children and young people – Until the patient’s

twenty fifth (25th) birthday or eight (8) years after the last entry if this is

the longer period; or eight (8) years after the death of the patient if

sooner;

  1. Records relating to mentally disordered people within the

meaning of the Mental Health act 1959 – Twenty (20) years after no

further treatment is considered necessary; or eight (8) years after the

patient’s death if sooner;

  1. All other personal health records – Eight (8) years after conclusion

of treatment.

  1. After the appropriate minimum period has expired, the need to retain personal health records will be carefully considered, taking into account both the costs of storage and the interests of healthcare professionals, which will include any research in which they are or may become involved.
  1. Although health records could be required in litigation virtually without limit of time, it is considered that the costs of indefinite retention of these records would greatly exceed the cost of liabilities likely to be incurred in the occasional case where defence of an action for damages is likely to be adversely affected by the absence of the health record.

Where a hospital doctor involved in litigation claims that prior disposal of relevant health records has prejudiced the outcome, this will be considered by the Trust along with all other factors when the appointment of any liability as between the doctor and the Trust is being contemplated.

  1. The destruction of health records will be subject to consultation withthe appropriate healthcare professional groups through the Health Records Committee.
  1. The methods employed for destruction of confidential health records will be appropriate to ensure that their confidentiality is fully maintained throughout the process(es). Under normal conditions destruction will be by (insert method to be used e.g. incineration, shredding). Where this service is provided by a contractor, it is the responsibility of the Trust to specify the level of service required and to ensure that the methods used throughout the process(es) including transportation to the destruction site, provide satisfactory safeguards against accidental loss or disclosure.

This policy is based on a document used by the Royal Cornwall Hospitals NHS Trust.