South Carolina Medical Records Retention Requirements: How Long to Keep Patient Records

Medical Record Retention for Physicians

In South Carolina, the Physicians’ Patient Records Act sets clear medical record retention periods. Physicians must keep adult patient records for at least 10 years and minor patient records for at least 13 years, measured from the last date of treatment. After these minimums, records may be destroyed. ([scstatehouse.gov](https://www.scstatehouse.gov/code/t44c115.php))

Because the clock starts on the last encounter, charts can extend well past a patient’s birthday milestones. For example, if you last treated a 17‑year‑old at age 17 years 10 months, the 13‑year retention requirement runs from that final visit, not from the birthday. Applying these patient age‑specific retention rules consistently helps ensure healthcare provider compliance with South Carolina Code Section 44-115-120. ([scstatehouse.gov](https://www.scstatehouse.gov/code/t44c115.php))

• Document a defensible destruction process once the required period ends.
• Confirm no litigation hold, audit, or payer rule requires longer maintenance before you purge.

Hospital Medical Record Retention Policies

State licensing rule (baseline and minors)

Hospitals licensed in South Carolina must maintain medical records for at least 10 years and protect them from unauthorized access and deterioration. If records are stored in a non‑paper format before 10 years (for example, microfilm or digital imaging), the conversion must capture the entire record. ([regulations.justia.com](https://regulations.justia.com/states/south-carolina/chapter-61/subchapter-61-16/sec2-61-16-1100/section-61-16-1107/))

For minors, hospital medical records must be kept until after the “period of election” following attainment of the age of majority, in addition to the baseline requirements. Hospitals must also retain a register (paper or electronic) with basic identifying data for any destroyed records, and they must transfer records to the new owner upon a change of ownership or make preservation arrangements before a closure. ([regulations.justia.com](https://regulations.justia.com/states/south-carolina/chapter-61/subchapter-61-16/sec2-61-16-1100/section-61-16-1107/))

Federal overlay

Medicare Conditions of Participation require hospitals to retain records for at least five years. Because South Carolina’s medical record maintenance regulations set a longer 10‑year baseline, hospitals should follow the stricter state rule. ([ecfr.io](https://ecfr.io/Title-42/Section-482.24?utm_source=openai))

Dental Record Retention Guidelines

South Carolina law requires dentists to retain patient records for at least five years from the last date of treatment. If a dentist is employed by another dentist or a corporation, the employer is responsible for maintaining those records for five years. Violations can carry civil penalties of up to $10,000 per violation, emphasizing the need for clear health information management standards in dental practices. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-40/chapter-15/section-40-15-83/))

While the dental statute sets a five‑year minimum and does not create a separate rule for minors, many practices align destruction timing with the malpractice “election” window described below to mitigate risk. ([law.justia.com](https://law.justia.com/codes/south-carolina/2023/title-15/chapter-3/section-15-3-545/?utm_source=openai))

Retention Requirements for Minor Patients

Age of majority and the “period of election”

In South Carolina, the age of majority is 18. Hospitals must retain minors’ records until after the “period of election” following majority—a window tied to malpractice timing rules. By statute, a minor’s malpractice filing window is tolled for up to seven years and, in any case, no more than one year after the disability of minority ends. In practice, this commonly translates to retaining hospital records at least until age 19, subject to the seven‑year outer limit. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-15/chapter-1/section-15-1-320/?utm_source=openai))

Provider‑specific rules for minors

• Physicians: retain for at least 13 years from the last treatment date, which often extends well beyond the patient’s 18th birthday. ([scstatehouse.gov](https://www.scstatehouse.gov/code/t44c115.php))
• Hospitals: retain for a minimum of 10 years and, for minors, through the post‑majority election period; maintain a destruction index and follow transfer/closure safeguards. ([regulations.justia.com](https://regulations.justia.com/states/south-carolina/chapter-61/subchapter-61-16/sec2-61-16-1100/section-61-16-1107/))
• Dentists: retain for at least five years from last treatment; consider legal risk windows before destroying minors’ charts. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-40/chapter-15/section-40-15-83/))

Relevant South Carolina Statutes on Medical Records

• South Carolina Code Section 44-115-120 (Physicians’ Patient Records Act): 10 years for adults; 13 years for minors; periods run from the last date of treatment; destruction permitted after the minimums. ([scstatehouse.gov](https://www.scstatehouse.gov/code/t44c115.php))
• S.C. Code Regs. 61‑16.1107 (Hospitals): records not disposed of before 10 years; minors’ records kept until after the post‑majority election period; full‑record capture for non‑paper storage; register retention; transfer/closure duties. ([regulations.justia.com](https://regulations.justia.com/states/south-carolina/chapter-61/subchapter-61-16/sec2-61-16-1100/section-61-16-1107/))
• South Carolina Code Section 40‑15‑83 (Dentists): at least five‑year retention from last treatment; corporate/employer responsibility; civil penalties up to $10,000 per violation. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-40/chapter-15/section-40-15-83/))
• South Carolina Code Section 15‑1‑320: defines minors as persons under 18 years of age. ([law.justia.com](https://law.justia.com/codes/south-carolina/title-15/chapter-1/section-15-1-320/?utm_source=openai))
• South Carolina Code Section 15‑3‑545(D): malpractice timing for minors—tolling capped at seven years and, in all cases, no more than one year after the disability of minority ends. ([law.justia.com](https://law.justia.com/codes/south-carolina/2023/title-15/chapter-3/section-15-3-545/?utm_source=openai))
• Federal overlays to factor into your schedule: HIPAA documentation retention (six years) and Medicare hospital record retention minimum (five years). Follow the longest applicable requirement. ([law.cornell.edu](https://www.law.cornell.edu/cfr/text/45/164.316?utm_source=openai))

Compliance Considerations for Healthcare Providers

Build a defensible retention schedule

• Map your record types and apply the longest applicable rule among South Carolina law, Medicare Conditions of Participation, payer contracts, and accreditation standards; this is key to healthcare provider compliance. ([ecfr.io](https://ecfr.io/Title-42/Section-482.24?utm_source=openai))
• Apply patient age‑specific retention rules consistently. For physicians, remember the 13‑year rule for minors from the last treatment; for hospitals, track the post‑majority election period. ([scstatehouse.gov](https://www.scstatehouse.gov/code/t44c115.php))
• If you convert to microfilm or electronic images before the minimum period, ensure the entire record is captured and retrievable; maintain a destruction index for purged hospital charts. ([regulations.justia.com](https://regulations.justia.com/states/south-carolina/chapter-61/subchapter-61-16/sec2-61-16-1100/section-61-16-1107/))
• Plan for business changes: transfer records to new owners and arrange preservation before any facility closure. ([regulations.justia.com](https://regulations.justia.com/states/south-carolina/chapter-61/subchapter-61-16/sec2-61-16-1100/section-61-16-1107/))
• Separate clinical record retention from HIPAA documentation: retain HIPAA policies, risk analyses, BAAs, and related compliance records for six years. ([law.cornell.edu](https://www.law.cornell.edu/cfr/text/45/164.316?utm_source=openai))

Conclusion

South Carolina’s core medical record retention periods are straightforward—10 years for adult physician records, 13 years for minors’ physician records, 10 years for hospital records (with extended timing for minors), and five years for dental records. Layer these with federal minimums and litigation‑related timing for minors, and follow whichever standard is most protective to maintain compliant, defensible records. ([scstatehouse.gov](https://www.scstatehouse.gov/code/t44c115.php))

FAQs

How long must physicians retain adult patient records in South Carolina?

Physicians must retain adult patient records for at least 10 years from the last date of treatment; after that minimum, records may be destroyed under a documented process. ([scstatehouse.gov](https://www.scstatehouse.gov/code/t44c115.php))

What are the retention requirements for hospital medical records?

Hospitals must keep medical records for at least 10 years. For minors, records must be retained until after the “period of election” following majority; hospitals must also maintain a register for destroyed charts and ensure complete capture when using non‑paper formats. ([regulations.justia.com](https://regulations.justia.com/states/south-carolina/chapter-61/subchapter-61-16/sec2-61-16-1100/section-61-16-1107/))

How do retention rules differ for minor patients?

For physicians, minors’ records must be kept at least 13 years from the last treatment. Hospitals must retain minors’ records through the post‑majority election period (commonly until at least age 19, subject to the seven‑year statutory cap). These timeframes reflect South Carolina’s patient age‑specific retention rules. ([scstatehouse.gov](https://www.scstatehouse.gov/code/t44c115.php))

What statutes govern medical record retention in South Carolina?

Key authorities include South Carolina Code Section 44‑115‑120 (physicians), S.C. Code Regs. 61‑16.1107 (hospitals), and South Carolina Code Section 40‑15‑83 (dentists). Providers should also account for the age‑of‑majority rule (Section 15‑1‑320), malpractice timing for minors (Section 15‑3‑545), HIPAA documentation retention (45 CFR 164.316), and Medicare’s five‑year hospital minimum (42 CFR 482.24). ([scstatehouse.gov](https://www.scstatehouse.gov/code/t44c115.php))