CDSBC recently updated its Dental Recordkeeping Guidelines to include changes to the Limitation Act.

The Limitation Act

The Limitation Act sets the time limits people have to sue one another in civil court. This has implications for the length of time dentists must retain patient records. A new Limitation Act was introduced in British Columbia, effective June 1, 2013.

General Guidelines

Dentists must now maintain complete patient records as follows:

• Records for which the most recent entry was created on or after June 1, 2013 must be kept for 16 years from the date of last entry.
• Records for which the most recent entry was created before June 1, 2013, must be kept for 31 years (the ULP under the former Limitation Act, plus one year for service) from the date of last entry or until June 1, 2029 (whichever comes first).
  

In addition to clinical records, other records that must be retained include appointment records, lab prescriptions and invoices. Diagnostic or study models are also considered part of the permanent patient record and must be kept for the prescribed period.

Working models do not have to be retained for any specific period of time. A decision to keep working models should be based on the complexity of the case and is left to the judgment of the individual practitioner.

Exceptions

The above guidelines do not apply to minors and persons under a disability. In these cases, the limitation periods do not begin running until the person turns 19 or until the disability ends.

Minors

• Records relating to minors must be retained for 16 years after the day the minor reaches the age of 19.
  

Persons Under Disability

• The Limitation Act defines a “person under a disability” as someone who is incapable of or substantially impeded in managing their affairs. Records relating to persons under disability must be kept for 16 years after receiving formal notice that the person’s disability has ended.
• In many cases, formal notice will not be provided and it will be difficult or impossible to know if or when the disability has ended. In those cases, records must be kept indefinitely.
  

This information is provided only as a general guide, and should not be taken as legal advice. There are additional exceptions in cases involving fraud, concealment, acknowledgement, and where a notice to proceed has been delivered. Dentists who have specific questions about the Limitation Act should review the legislation and consult a lawyer.