Which statement about ownership and custodial rights of dental records is accurate?

• A. The patient holds custodial rights
• B. Government holds custodial rights
• C. The insurer holds custodial rights
• D. The dental office holds custodial rights; patient has property rights, and may request copies

Answer: (D)

Understanding who has custodial rights to dental records hinges on separating custody from ownership. The dental office is the custodian of the records: it holds, stores, and safeguards them, keeps them accurate, and controls access in day-to-day practice. The patient, on the other hand, has property rights in the information contained in those records and has the right to access them or to have copies sent to another provider. Government or insurers do not serve as custodians of the records; they may obtain information under specific legal processes, but they are not the keepers of the records themselves. So, the office maintains custody, while the patient can request copies and direct transfers, aligning with the rights to access and obtain their information.