Records should be retained to provide evidence of your dealings with patients and in respect of business dealings.
The AOP recommends that patients’ records are retained for as long as possible. It is recognized, however, that space will not permit records to be kept forever so records may be disposed of in time. The AOP therefore recommends that the records of adult patients should be kept for 10 years after the conclusion of treatment or the patient’s permanent departure from the country, or the death of the patient, and those of minors until the patient’s 26th birthday.
The legal requirements for the retention periods for records differ with the nature of the records. These are set out below for information.
Contract. In contractual matters people are entitled to bring claims for up to six years from the date of the contract. Records relating to contractual matters, e.g. dealings with suppliers and patients, should therefore be retained for at least six years.
Income tax and Customs & Excise. Tax and revenue authorities may pursue claims for up to six years and, in certain circumstances, beyond six years. Advice should be sought from an accountant in respect of how long to keep business records in respect of these matters.
Negligence. Claims in negligence may be brought, e.g. for personal injury, for up to three years from the time that the injured party became aware of the injury giving rise to the claim. Claims may also be brought in respect of personal injuries done to children for three years after they reach their majority. Therefore no absolute period can be stated with regard to retaining patient records, however minimum guidelines may be used.
The NHS has stated retention periods for records of NHS patients.
The following recommendations issued by the Department of Health for record retention periods are pertinent to patients’ claims in respect of negligence. If optometrists follow these guidelines, or any revised guidelines issued by the Department, they will be adhering to current standards of best practice in respect of keeping patient records:
- adults: 10 years after the conclusion of treatment or the patient’s permanent departure from the country;
- children and young people: until the 25th birthday, 26th if the entry was made when the patient was 17;
- deceased patients – 10 years after the death of the patient.
Computerised patient records. Until further advice is received, it is recommended that computerised patient records are retained at the site and in the form in which they were originated for these periods of time.
Record format. Methods of storage will continue to develop, therefore both the periods of retention and the siting of the retained records should be subject to periodic review.
