Dan Schulte answers common questions related to dental records in the latest issue of the Michigan Dental Association Journal.
Question: Am I required to furnish patient records to a patient upon request?
Answer: The patient has a legal right to the information, but the dentist has a corresponding legal right to the documentation. The dentist should furnish a copy of the patient records to the patient and retain the original records.
Question: Am I required to furnish patient records to a person acting on behalf of a patient?
Answer: A person acting on behalf of a patient has the same right to the records as the patient, provided the person submits a consent authorizing release of the records signed by the patient. If the patient is a minor, the consent should be signed by the minor’s guardian or parent.
Question: What if the patient asks for his or her original records, not copies?
Answer: Original records should never leave the control of the treating dentist. Copies should be submitted.
Question: Could you explain the dentist-patient privilege as it relates to dental records?
Answer: Any request for a patient’s records must be approached with caution. By statute, any information relative to the care and treatment of a patient acquired as a result of providing professional dental services is confidential and privileged. This privilege belongs to the patient, not the dentist.
Therefore, as a general rule, a written consent signed by the patient or the patient’s duly authorized legal representative (not the patient’s attorney) should be received by the dentist as a condition precedent to disclosure of that information to anyone other than the patient.
There are certain exceptions to this privilege prohibiting disclosure, such as defense of a claim challenging the dentist’s professional competence, peer review disclosures, claims for fees, certain third party payer information relating to fees and, of course, court orders. Caution dictates, however, that any third-party disclosure of patient records or information without a signed written consent from the patient should be done only upon legal advice from the dentist’s attorney.
Information relative to the care and treatment of a dental patient acquired as a result of providing dental services must be kept confidential and is privileged. Except with the consent of the patient or the patient’s attorney in fact or personal representative, a dentist or a person employed by a dentist shall not disclose such information unless the disclosure is for the purpose of treatment, payment or health care operations following your compliance with HIPAA’s privacy rule. This would require you posting a notice of privacy practices and attempting to obtain the patient’s signature on an acknowledgement of receipt of the notice.
Question: Is it necessary to obtain a patient release before displaying patient “before and after” photos or other photos of patient treatment?
Answer: Yes. The unauthorized use of a photograph of a patient for advertising or other commercial use is an invasion of the patient’s right of privacy and right to control the commercial use of his or her likeness. Any patient whose photograph will be displayed on a bulletin board or in a book, article, etc., must first execute a release allowing that display. Photographs of minors should be displayed only upon the receipt of a similar release executed by the patient’s parents or legal guardian.
Question: May a dentist share records or findings with another dentist to whom a patient has been referred?
Answer: Yes, if HIPAA’s privacy rule has been complied with (see the Q/A above).
This article originally appeared in the December 2025 edition of the Journal of the Michigan Dental Association.
