This guide is general information, not legal advice. Professional regulation of dentists changed in 2026. Confirm the current rules with your state dental authority or a lawyer.
What the dental code of ethics says
The Revised Dentists (Code of Ethics) Regulations, 2014, made under the Dentists Act, 1948, deal with records in clause 3.3. Clause 3.3.1 says every dental surgeon shall maintain the relevant records of out-patients and in-patients (wherever applicable), and that these must be preserved for a minimum period of three years from the date of commencement of the treatment, in a format determined by the Council or accepted as a standard mode of documentation.
Other parts of clause 3.3 matter just as much:
- If a patient, an authorised attendant or a legal authority asks for the records, they should be issued within 72 hours against a valid receipt for all documents.
- Keep a copy of every medical certificate you issue, with the patient’s identification marks and signature or thumb mark.
- Efforts should be made to digitalise dental and medical records for quick retrieval.
Notice that the three years run from the start of treatment, not the last visit. A patient in orthodontic treatment for two years has only one year of that minimum left when the braces come off. Keeping three years from the last visit is a simple and safer reading.
What about the NMC regulations?
You may see “3 years” attributed to the medical regulations. Regulation 1.3.1 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 says a physician shall maintain medical records of indoor patients for 3 years from the commencement of treatment. Those regulations govern registered medical practitioners, not dentists, and they speak of indoor patients. They are a useful comparison, but the dental code above is the one written for you.
A change in the regulator in 2026
The National Dental Commission Act, 2023 provides that the Dentists Act, 1948 is repealed and the Dental Council of India dissolved from a date the Central Government appoints (section 58). That happened on 19 March 2026: the Dental Council of India’s website states that, as per the gazette notification, the council stands dissolved and the National Dental Commission came into effect from that date. Professional conduct and registration now sit with the Commission’s Ethics and Dental Registration Board. We could not find a published notice saying what happens to the 2014 code of ethics, or a new code with its own record-keeping period. Until that is clear, treat the three-year minimum as the least you should do, and ask your state dental council or the National Dental Commission’s ethics board if you want certainty.
Why keep records longer than the minimum
The code sets a minimum for professional conduct. It does not tell you how long a claim can be brought against you. Under section 69 of the Consumer Protection Act, 2019, a Consumer Commission shall not admit a complaint unless it is filed within two years from the date the cause of action arose. It may still entertain a late complaint if the complainant shows sufficient cause and the Commission records its reasons for condoning the delay.
Treatment and its consequences can surface late. A crown fails, a nerve problem appears, or an implant loosens years later. The “cause of action” may be argued to start at different points. Civil court claims have their own limitation rules, which we have not examined here. If a complaint arrives, your records are your defence. Without them you cannot show what you told the patient, what you did, or what the patient agreed to.
Many clinics therefore keep adult records for at least five to seven years after the last visit, and some keep everything. This is a common-sense practice, not a legal figure, so ask a lawyer if you want a firm number for your situation.
Minors and other special cases
A child under 18 cannot usually file a claim alone, and general limitation law often gives minors extra time after they reach adulthood. We have not verified how that applies to consumer complaints, so be cautious. Keep a minor’s records at least until they are 18 plus three years, and longer if you can.
- Open disputes or notices: keep everything related until the matter is fully closed, whatever the normal period is.
- Medico-legal cases or police requests: do not destroy anything. Take legal advice.
- Orthodontic and implant cases: long treatment and long-term follow-up justify longer retention.
- Patients who relocate: give them a copy of the record on request. The code expects records to be issued within 72 hours.
Records, privacy and deleting data
The DPDP Act lets patients ask for erasure, but a legal duty to retain records is a valid reason to keep them. Once the retention period ends and you have no other reason to hold the data, delete or destroy it securely. Shred paper and wipe digital copies, including backups, phone galleries and old computers. For more, read our guide on the DPDP Act for dental clinics.
A simple retention policy to adopt
- Adult patients: keep records for at least the dental code’s three years from the start of treatment, and preferably five to seven years from the last visit.
- Minors: keep until at least three years after they turn 18.
- Billing records: ask your CA how long to keep them for tax purposes.
- Digitise paper files and keep backups. See how to digitise dental records.
- Write the policy down, date it and review it once a year.