State medical records law
Oklahoma medical records laws
How do I get my medical records in Oklahoma, and what can a provider charge?
Oklahoma law gives you a right to your records 'upon request' but sets no deadline, so the federal HIPAA rule applies: 30 days, with one 30-day extension if the provider tells you in writing why. Paper copies cost at most $0.50 per page and electronic copies at most $0.30 per page (capped at $200), plus postage; printed x-rays/images are up to $15 each, images on CD/DVD up to $20 per disc, and certification up to $15. Providers cannot charge you a search or retrieval fee for your own record.
- Response deadline
- 30 days (HIPAA)
- Copy fees
- $0.50/page
- Retention — hospitals
- At least 5 years beyond the date the patient was last seen, or 3 years beyond death; newborn and minor records at least 3 years past the age of majority
How Oklahoma differs from federal HIPAA
- Stricter on fees: fixed caps of $0.50/page paper and $0.30/page electronic (max $200) instead of HIPAA's reasonable cost-based fee.
- Expressly bans search, retrieval, review and preparation fees for a patient's own records.
- No shorter deadline than HIPAA's 30 days.
- Mental-health and substance-abuse records are carved out of the general access statute and handled under 43A O.S. § 1-109.
How long a provider has to respond
Oklahoma law gives you a right to your records 'upon request' but sets no deadline, so the federal HIPAA rule applies: 30 days, with one 30-day extension if the provider tells you in writing why.(76 O.S. § 19 (as amended Laws 2021, c. 231, § 1, eff. Nov. 1, 2021), 45 CFR 164.524)
Under 45 CFR § 164.524, a provider may take one 30-day extension only if it tells you in writing, within the first 30 days, why and when you will get the records.
What a provider can charge
Paper copies cost at most $0.50 per page and electronic copies at most $0.30 per page (capped at $200), plus postage; printed x-rays/images are up to $15 each, images on CD/DVD up to $20 per disc, and certification up to $15. Providers cannot charge you a search or retrieval fee for your own record.(76 O.S. § 19 (as amended Laws 2021, c. 231, § 1, eff. Nov. 1, 2021))
- Paper copies
- $0.50 per page (paper); $0.30 per page electronic, max $200
- No search, retrieval, review or preparation fee may be charged to a patient requesting their own record ($20 base fee applies only to attorney, insurer or subpoena requests)
- Up to $0.00
- Electronic copies
- $0.30 per page for records reproduced from an electronic health record and requested/delivered electronically, total not to exceed $200 plus postage or delivery
A provider cannot refuse to give you your records because you owe money for treatment. Compare every state on the medical records fees by state page.
How long records must be kept
- Hospitals: At least 5 years beyond the date the patient was last seen, or 3 years beyond death; newborn and minor records at least 3 years past the age of majority(Okla. Admin. Code 310:667-19-14)
Minors and sensitive records
- Minors: Hospitals must keep newborn and minor records at least 3 years past the age of majority.(Okla. Admin. Code 310:667-19-14)
- mental health: The 76 O.S. § 19 access and fee rules exclude psychological, psychiatric, mental-health and substance-abuse treatment records; access to those is governed by 43A O.S. § 1-109, which makes the records privileged and confidential while giving the patient access with limited exceptions (including separately kept psychotherapy notes).(76 O.S. § 19 (as amended Laws 2021, c. 231, § 1, eff. Nov. 1, 2021), 43A O.S. § 1-109)
- substance use: Drug and alcohol treatment information is confidential under 43A O.S. § 1-109; federally assisted programs are also covered by 42 CFR Part 2.(43A O.S. § 1-109)
- hiv: 63 O.S. § 1-502.2 makes communicable and reportable disease records held by the State Department of Health (including HIV reports) confidential; it is not a provider-level HIV test-result statute.(63 O.S. § 1-502.2)
If a provider doesn't comply
Oklahoma State Board of Medical Licensure and Supervision
MDs, physician assistants and other licensees of the Board (osteopathic physicians are under a separate board) · (405) 962-1400
HIPAA violations by any covered entity, within 180 days
How to request your records in Oklahoma
- Ask the provider's medical records (health information) department for its request form, or write your own request with your name, date of birth, dates of care, the records you want, and the format (paper or electronic).
- Keep a copy and note the date — the 30 days (HIPAA) clock runs from when the provider receives it.
- If the deadline passes or the bill exceeds the rules above, use the complaint routes on this page.
Templates and step-by-step help are on the records-access hub. Find a Oklahoma hospital's records office, or browse hospitals in Oklahoma.
Common questions about Oklahoma medical records
How long does a provider in Oklahoma have to give me my records?
Oklahoma law does not set its own deadline, so HIPAA applies: the provider must respond within 30 days, and may take one 30-day extension if it explains the delay in writing.(76 O.S. § 19 (as amended Laws 2021, c. 231, § 1, eff. Nov. 1, 2021), 45 CFR 164.524)
How much can I be charged for copies of my medical records in Oklahoma?
Up to $0.50 per page for paper copies, or up to $0.30 per page for electronic copies from an electronic record (no more than $200 total), plus postage. Printed x-rays or images can cost up to $15 each and images on a CD/DVD up to $20 per disc.(76 O.S. § 19 (as amended Laws 2021, c. 231, § 1, eff. Nov. 1, 2021))
Can an Oklahoma provider charge me a search or retrieval fee?
No. The statute says a provider may not charge a person requesting their own record a fee for searching, retrieving, reviewing or preparing it. The $20 base fee applies only to requests from attorneys, insurers or by subpoena.(76 O.S. § 19 (as amended Laws 2021, c. 231, § 1, eff. Nov. 1, 2021))
Can a provider refuse to give me my records because I owe them money?
Under federal HIPAA guidance, a provider may not withhold or deny you access to your records because you have not paid for health care services. They may still charge the permitted copy fee.(HHS OCR HIPAA FAQ 2065)
How long do Oklahoma hospitals keep medical records?
At least 5 years after the patient was last seen, or 3 years after death. Records of newborns and minors must be kept at least 3 years past the age of majority. No retention period for physician offices was found in Oklahoma law.(Okla. Admin. Code 310:667-19-14)
Where can I complain if I can't get my records in Oklahoma?
You can file a complaint with the Oklahoma State Board of Medical Licensure and Supervision about a physician it licenses, or with the HHS Office for Civil Rights about any HIPAA covered entity within 180 days.(Oklahoma State Board of Medical Licensure and Supervision)
Sources
Checked against official sources on November 3, 2026.
- 76 O.S. § 19 (as amended Laws 2021, c. 231, § 1, eff. Nov. 1, 2021) — Patient access to medical records; copy fees (official text via a public mirror)
- Okla. Admin. Code 310:667-19-14 — Hospital medical records — retention and preservation (official text via a public mirror)
- 43A O.S. § 1-109 — Confidentiality of mental health and drug/alcohol treatment information (official text via a public mirror)
- 63 O.S. § 1-502.2 — Confidentiality of State Department of Health communicable-disease records (official text via a public mirror)
- Oklahoma State Board of Medical Licensure and Supervision — Board home page / File a Complaint
- 45 CFR 164.524 — HIPAA right of access
- HHS OCR HIPAA FAQ 2065 — Provider may not deny access for unpaid bills