California Medical Records Request Rules for Practices (2026)

California gives patients a tight timeline: inspection within 5 working days and copies within 15 days, with copy fees capped at $0.25 per page. Attorney requests made before a lawsuit is filed follow Evidence Code § 1158, which has its own lower per-page fee and a 5-day window. Records subpoenas in civil cases need proof that the patient was notified or a signed authorization before a practice produces anything.

At a glance

Question	Answer
Deadline for a patient's request	Inspection within 5 working days. Paper or electronic copies transmitted within 15 days of the request.
Copy fees a practice can charge	A reasonable, cost-based fee for labor, supplies and postage, capped at $0.25 per page for paper copies and $0.50 per page for microfilm. Records cannot be withheld over an unpaid medical bill.
Requests from the patient's attorney	Before a lawsuit is filed, an attorney with the patient's written authorization gets access within 5 days under Evidence Code § 1158. Fees: $0.10 per page, clerical time up to $16 per hour, and actual postage.
Subpoenas	The patient must be served with the subpoena and a notice before the records are produced. A practice can refuse to produce until it gets proof of that service or a written authorization. A nonparty can charge $0.10 per page and clerical time up to $24 per hour.
Records that need extra consent	HIV test results need a written authorization for each disclosure. Outpatient psychotherapy information and abortion-related information carry extra limits.
How long to keep records	Physicians: at least 7 years after the last date of service. Licensed clinics that close: at least 7 years, and for minors at least one year past age 18.
Recent changes (2023–2026)	7-year physician retention rule (effective 2024), new authorization rules allowing electronic signatures (2024), and limits on sharing abortion-related information with out-of-state requesters.

When the patient asks

Under Health and Safety Code § 123110, an adult patient, a minor allowed to consent to the care in question, or a patient's personal representative can inspect records and get copies. A practice must allow inspection during business hours within 5 working days of the request. Copies, paper or electronic, must be transmitted within 15 days. If the records are kept electronically and the patient asks for an electronic copy, the practice provides it in the requested form if it is readily producible, or in another readable form both sides agree on.

The fee can include only labor for copying, supplies (including portable media if the patient asks for it), postage if the patient asks for mail, and preparing a summary if the patient agrees to one. Paper copies are capped at $0.25 per page, and copies from microfilm at $0.50 per page. A practice cannot withhold records or summaries because the patient owes money for care.

A few other rules in the same section:

A practice does not have to copy X-rays or EKG, EEG or EMG tracings for the patient if it sends the originals to another provider within 15 days of a written request. It can charge reasonable costs, not more than actual costs.
A patient gets one free copy of the relevant records to support a claim or appeal for listed public benefits, such as Medi-Cal, SSDI or SSI. This does not apply when a private attorney is paying the costs of the claim.
A practice can require reasonable identity verification, as long as it is not used to delay the request.

When the patient's attorney asks

Evidence Code § 1158 covers attorney requests made before a lawsuit is filed or before a defendant appears. It applies to physicians, chiropractors, physical therapists, podiatrists, psychologists, nurses, labs, pharmacies and licensed hospitals, among others. When an attorney or the attorney's representative presents a written authorization signed by the patient (or a parent, guardian, conservator or personal representative), the practice must promptly make all of the patient's records available for inspection and copying. If it does not do so during business hours within 5 days, it can be held liable for the attorney's reasonable costs of enforcing the request, including attorney's fees.

The statute lists what counts as reasonable costs, charged to the attorney:

$0.10 per page for standard copies up to 8.5 by 14 inches, and $0.20 per page from microfilm
Actual cost for oversize documents or special processing
Clerical time to locate and prepare the records, up to $16 per hour per person ($4 per quarter hour)
Actual postage, and any actual charge from an off-site storage company

If the attorney sends a professional photocopier or registered representative, the practice does not make the copies. If the records are inspected or copied at the practice, the only fee is up to $15 plus any off-site retrieval cost. Section 1158 also contains a model authorization form, printed in at least 14-point type, that a practice must accept if it is valid. The form says mental health records, alcohol or drug records and HIV test results are not disclosed unless they are checked.

For other authorizations, the Confidentiality of Medical Information Act (Civil Code § 56.11) sets the requirements. A valid authorization is handwritten or in at least 14-point type, kept separate from other text, signed and dated (an electronic signature counts), and names who may disclose, who may receive, the purpose and an expiration date or event. The authorization generally lasts one year or less unless the signer picks a later date.

Subpoenas

Code of Civil Procedure § 1985.3 protects "personal records" held by physicians, chiropractors, physical therapists, acupuncturists, hospitals, clinics, radiology and MRI centers, labs and psychotherapists, among others. Before a production date, the party issuing the subpoena must serve the patient with a copy of the subpoena and a notice explaining how to object. That service must happen at least 10 days before the production date and at least 5 days before the practice is served, with extra time if served by mail.

Before the practice produces records, the party must give it either proof that the patient was served or a written authorization signed by the patient or the patient's attorney. If the subpoenaing party does not comply with § 1985.3, the practice has grounds to refuse. If the patient files a motion to quash, or a nonparty patient serves a written objection, the practice does not have to produce without a court order or an agreement of the parties.

When the practice is not a party, it can comply by delivering a copy of the records with a custodian affidavit, in a sealed inner envelope inside a sealed outer envelope, within 15 days after receiving the subpoena in a civil case (Evidence Code §§ 1560, 1561). The subpoenaing party can instead ask to inspect and copy at the practice. With at least 5 business days' notice, the practice sets a window of at least 6 continuous hours.

Evidence Code § 1563 lets a nonparty practice charge the subpoenaing party $0.10 per page, $0.20 per page from microfilm, actual costs for oversize or special processing, clerical time up to $24 per hour per person ($6 per quarter hour), actual postage and actual off-site retrieval costs. The practice can ask for payment when it delivers the records and must give an itemized statement. If the records are inspected at the practice, the fee is capped at $15 plus off-site retrieval costs.

Records that need extra consent

HIV test results. A written authorization is needed for each separate disclosure and must say to whom the results go (Health and Safety Code § 120980). A negligent disclosure can bring a civil penalty of up to $2,500, and a willful one $5,000 to $10,000.
Outpatient psychotherapy. When information about outpatient psychotherapy would be shared without the patient's authorization under one of the CMIA's permissive exceptions, the requester must first give a detailed written request to the practice and the patient (Civil Code § 56.104).
Abortion-related information. A practice may not knowingly share electronic records related to a lawful abortion with a person or entity from another state, except under an authorization that clearly says abortion information may be disclosed or another listed exception (Civil Code § 56.110). Patient access and sealed California or federal court orders are still allowed. Providers working in good faith toward compliance are protected from liability until January 31, 2027.

How long to keep records

Since January 1, 2024, Business and Professions Code § 2266 says a physician's failure to keep adequate and accurate records for at least 7 years after the last date of service is unprofessional conduct. Clinics and other facilities licensed under the Health and Safety Code that stop operating must keep records at least 7 years after discharge, and for unemancipated minors at least one year after the patient turns 18, and never less than 7 years (Health and Safety Code § 123145). We could not confirm a retention period for chiropractors or physical therapists in a primary source.

Recent changes

SB 815 (2023), effective January 1, 2024: added the 7-year retention period for physicians to Business and Professions Code § 2266.
AB 1697 (2023), effective January 1, 2024: CMIA authorizations can be signed electronically, use an expiration date or event generally limited to one year, and the patient must get a copy.
AB 352 (2023): required systems that store sensitive-services information (gender affirming care, abortion and contraception) to support limited access and segregation by July 1, 2024. Civil Code § 56.110, last amended in 2025, limits sharing abortion-related information out of state.

What this means for your practice

Track two clocks for patient requests: 5 working days for inspection and 15 days for copies.
Bill patients no more than $0.25 per page for paper copies, and never hold records over an unpaid balance.
For a pre-lawsuit attorney request with a signed authorization, make records available within 5 days and use the § 1158 fee schedule, not the patient fee schedule.
Before producing records on a civil subpoena, check for proof of service on the patient or a signed authorization, and watch for motions to quash or objections.
Do not send HIV results, outpatient psychotherapy information or abortion-related information on a general release without checking the extra consent rules.
Physicians should keep records at least 7 years after the last date of service.

Sources

How we verified: we read the current code sections and 2023 bill texts on the official California Legislative Information site on November 12, 2026.