Physicians must retain patient medical records for at least 10 years after the date of last treatment, or as set forth by medical assistance programs.  Medical records for minors must be retained until the patient turns 21 years of age.  If a physician converts medical records into electronic files, the paper files must be kept for 30 days after the electronic transfer occurs.  Physicians must also retain medical billing information for at least two years after the date of last treatment.  Finally, physicians must abide by the code of medical ethics in determining if and for how long medical records should be retained past the required time.1  The state of New Mexico also requires Medicaid providers to maintain and retain all medical and business records for a period of at least 6 years.2  The law also allows the use of electronic medical records to satisfy the law’s medical record maintenance laws.3  If a physician converts medical records into electronic files, the paper files must be kept for 30 days after the electronic transfer occurs.4

        In New Mexico, a physician’s failure to maintain medical records or keep inaccurate or incomplete medical records is a violation of New Mexico law.  The medical board in New Mexico can refuse to license or suspend or revoke a physician’s license for improper keeping of medical records or failure to provide medical records to a physician or patient as requested by the patient.5  Physicians must provide all patients with a written policy on medical recordkeeping.6  A similar requirement is imposed on nurses.  The failure of a nurse to maintain proper and accurate medical records is considered a violation of New Mexico law.7  According to New Mexico law, long term care facilities also must maintain medical records for each of its residents for ten years following death or discharge.8

        New Mexico law requires that hospitals retain medical records dealing with the care and treatment of a patient for 10 years following the discharge of a patient.  Lab reports and tests can be destroyed after one year of the test being reported, provided that it is recorded and a copy is placed in the patient’s record.  If a copy is not put in the patient’s record, the lab test can be destroyed after four years from the date of the test being reported.  X-rays may be destroyed after four years from the date of exposure if there are hospital records of written notes by the doctor.  After the third year of retention, the patient may pick up his or her X-rays, as long as any physician written notes are retained in the medical record.9