Washington Medical Practice Closure Laws

When closing a medical practice such as a doctor’s office, dental practice, or hospital, understanding the laws related to practice closure is vital. Every state has specific regulations governing how patients must be notified, how long medical records must be maintained, and more. Medical professionals must follow specific legal and ethical steps to ensure a smooth patient and staff transition. Failure to adhere to these requirements can lead to legal repercussions and patient care disruptions.

This guide provides a comprehensive overview of the legal requirements for closing a medical practice in Washington.

Key Requirements for Medical Practice Closure

Closing a medical practice is a multifaceted process that requires careful planning and compliance with legal obligations. Some items you will need to keep in mind, include:

Patient Notification

How and when will you notify patients of your intent to close your practice? Patients must be given adequate notice of the closure. This allows them to find alternative care providers.

Medical Records Management

Patients must be informed about how to obtain copies of their medical records. In many states, physicians are required to retain records for a certain period (e.g., seven to ten years) after the practice closes or to contract a medical records custodian to deliver records to patients for that time period.

Staff Considerations

Employees should be notified per labor laws, and any contractual obligations regarding severance or final paychecks must be fulfilled.

Regulatory Compliance

The practice must notify licensing boards, Medicare/Medicaid, and malpractice insurers of the closure. Additionally, the practice may need to formally dissolve as a business entity.

Disposal of Medications and Equipment

Prescription drugs and medical waste must be disposed of according to federal and state regulations to ensure environmental and public safety.

Financial and Legal Obligations

Outstanding debts, leases, and vendor agreements must be settled before closure. Legal counsel can help navigate any complexities.

Washington Medical Practice Closure Laws

​When closing a medical practice in Washington, healthcare providers must adhere to specific state laws and regulations to ensure a compliant and smooth transition for patients and staff.​

Washington Patient Notification Requirements

State guidelines recommend notifying all active patients – as well as any patients seen in the past three years – well in advance of the closure. At minimum, patients should be alerted 30 days before the practice closes, with 90 days’ notice being ideal to allow patients time to find alternative care. (In the event of an unexpected closure such as the physician’s death, the physician’s estate or representative should notify patients within 90 days after the death.)

Notification Method: Notices should be sent as individual letters to each patient’s last known address, and you may also use electronic communication if that’s a normal way you interact with patients. If you have a practice website, posting a notice there is another helpful step. The key is to use at least one reliable method (preferably multiple methods) to ensure patients receive the message. If you are departing from a group practice, confirm whether the group will inform your patients; ultimately, it’s the departing physician’s responsibility to ensure notification occurs. It’s also considered unethical to withhold information about a departing physician’s new contact details if patients request it.

What to Include in the Notice: Your notification letter or email should give patients essential information about accessing their medical records after closure. According to Washington Medical Commission guidelines, the notice should clearly state who to contact for records (name, phone number, and mailing address of the responsible entity or records custodian), how to obtain or transfer records, the format of the records (electronic or paper), how long records will be kept before they are destroyed, and the cost (if any) for copying or transferring records. Providing these details helps patients seamlessly continue their care with new providers. It’s also wise to include the final date of practice operations and guidance for prescription refills or urgent care in the interim before closure.

In Washington, closure notifications need to be sent out at least 30 days prior to your closure date.

We recommend sending a physical letter, posting signage around your practice, and posting information about the closure on your website. It is essential that anyone who visits your practice or practice website can easily find the closure information.

A closure notification letter should include:

• The date of closure.
• The reason for closure (i.e., retirement, relocation, etc.).
• A forwarding address or phone number for questions after your closure.
• An authorization form for patients to sign so that their medical records can be transferred to a new practice.
• Information on patient record storage, including where the records will be stored, how to contact the storage facility, and any costs associated with patient record requests.

Washington Medical Records Retention and Access Requirements

The Washington Medical Commission advises keeping medical records for at least 10 years from the date of a patient’s last visit or last medical contact (such as a prescription refill or test result). Similarly, records for minor patients should be retained until at least the child’s 21st birthday (which generally equates to 21 years from birth, covering childhood and the age of majority). In the case of a patient’s death, records should be kept for about 6 years after the date of death. These timelines are considered best practices to ensure records are available for patient needs or any legal inquiries. (The Washington State Medical Association has in the past suggested a minimum of 7 years for adult records and until age 21 for minors, so you may see recommendations in the 7–10 year range. Opting for 10 years aligns with the Medical Commission’s guidance and provides extra precaution.)

In certain situations, longer retention is prudent. For example, if a patient is mentally incompetent or if there are potential legal concerns (such as a pending malpractice claim or other litigation), experts suggest retaining those records indefinitely or as long as necessary. It’s also important to check the requirements of your malpractice insurance carrier and any applicable insurance contracts, as they may stipulate longer retention periods. Always inform patients (in your closure notice or a separate communication) how long their records will be kept on file.

Patients’ Right of Access: Even after your practice closes, patients have the right to access their medical records under both HIPAA and Washington law. Washington’s medical records law (RCW 70.02) requires that healthcare providers allow patients to inspect or copy their records “as promptly as required under the circumstances, but no later than 15 working days” after receiving a request. In other words, you (or whoever is handling your records post-closure) must be prepared to respond to record requests within about three weeks. Providers are permitted to charge a reasonable fee for copying and providing records, and may require this fee to be paid in advance of release. Washington regulations define what constitutes a reasonable copying fee (e.g., per-page charges and clerical fees) – ensure your custodian or you adhere to those limits. Keep in mind that certain patients may be entitled to free copies in specific situations (for example, records needed to support a Social Security disability appeal are provided at no charge under RCW 70.02.030).

Record Storage and Custodianship: Before closing, decide where and how your records will be stored for the retention period. Records should be stored securely to maintain confidentiality and enable lawful access when needed. If you hire a medical records custodian service to manage your files, be sure to formalize that arrangement and notify your patients of the custodian’s contact information in the closure notice. The custodian must protect patient privacy and comply with all state and federal privacy laws (such as HIPAA). Also, if your records will be stored outside of your original office location, Medicare and Medicaid rules require that you keep those programs informed of where records are stored (P.O. boxes alone are not acceptable for record storage). Finally, when the retention period ends, records should be securely disposed of (e.g., shredded or destroyed in a manner that preserves confidentiality).

If you don’t want to maintain responsibility for storing and fulfilling medical records requests, we can help. Learn more about our custodian of medical records services here.

For more details on Washington’s medical record retention requirements, consult the Washington State Legislature Website.

Washington Medical Board Notification Requirements

While Washington law doesn’t mandate a formal notification to the state medical board when a private practice closes, several authorities emphasize its importance. The American Medical Association advises that physicians notify their state medical board of an anticipated practice closure. Informing the Washington State Medical Commission (for MDs and PAs) or the Board of Osteopathic Medicine and Surgery (for DOs) of your closure and who will be the records custodian can help those agencies assist patients who later contact them seeking medical records. In fact, the Washington osteopathic board explicitly notes that while they cannot store records, they will act as a resource for patients trying to locate records – so it’s useful to let the board and professional associations know how to direct inquiries. Similarly, the Washington Medical Commission encourages physicians to notify their local medical society about the office closure. Even if you are not a member, a county or state medical society can take note of your closing and serve as another point of reference for patients or colleagues who might be looking for you or your records.

When notifying the board or medical society, provide details such as your name and license number, the date of closing, and contact information for record requests (for instance, the custodian’s information). This notification is usually done by sending a letter or email to the board/society. It’s also wise to ensure your own contact information is up to date with the Department of Health or medical commission, in case they or former patients need to reach you. If you are retiring completely from practice, you might explore changing your license status (Washington offers a “Retired Active” license status for physicians who retire from active practice but wish to maintain a license in a limited capacity). While this is separate from notifying about office closure, it’s part of wrapping up professional obligations with the board.

Additional Resources for Closing Your Medical Practice in Washington

To get up-to-date information about medical practice closure laws and requirements in Washington, please see these additional resources:

• Washington Medical Commission – Guidelines on Medical Records Management and Closing a Practice
• Washington Department of Health (Board of Osteopathic Medicine) – Closure of a Practice Guideline
• Revised Code of Washington (RCW) 70.02 – Medical Records—Health Care Information Access and Disclosure
• Revised Code of Washington (RCW) 70.41.190 – Hospital Medical Records Retention Law

How Desert River Solutions Can Help

Desert River Solutions is a trusted medical records custodian serving healthcare providers nationwide. Our services include:

• Electronic medical record extraction for seamless digital transition.
• Document scanning and storage for secure retention.
• HIPAA-compliant record management and destruction.
• Patient record request fulfillment, ensuring continuity of care.

Managing medical records retention is a critical aspect of healthcare compliance. Whether you’re closing a practice, transitioning to digital records, or ensuring legal compliance, working with a trusted medical records custodian can save time and reduce risk.

At Desert River Solutions, we help healthcare providers in Washington and beyond with secure, HIPAA-compliant medical records storage and management. Need help with medical records retention in Washington? Contact Desert River Solutions today!

---

Legal Disclaimer: the information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.