Patients in Texas have important rights when it comes to their medical care and records. This page provides clear information about physician practices, how to request your medical records, what to do if your doctor is no longer available, and what fees may apply. Whether you're navigating a provider transition, seeking records for continuity of care, or simply want to understand what physicians are required—or not required—to do, this guide is designed to help you make informed decisions.
Physicians in Texas are not required by law to carry malpractice insurance. However, many hospitals do require malpractice insurance as a condition for granting clinical privileges. Physicians also retain the right to end the doctor-patient relationship, provided that appropriate notice is given and care is continued for a reasonable period to allow the patient time to find a new provider.
When it comes to exams involving sensitive procedures, such as gynecological exams, it is strongly recommended—but not mandated—that a third party, such as a nurse or family member, be present as a chaperone. If a chaperone is unavailable, the patient may decline the exam and consider seeking care elsewhere.
Physicians are required to retain medical records for at least seven years from the date of the last treatment. If a physician retires, closes their office, or passes away, records may still be accessible. Patients can check the physician’s profile on the Texas Medical Board (TMB) website for contact details. In some cases, another physician may have assumed responsibility for the practice and its records. There is no centralized state repository for medical records, but patients may also consider contacting the physician’s next of kin or estate representative when applicable. Patients may also contact the TMB to determine if a custodian of records has been reported.
To obtain medical records, patients must send a written request by certified mail with return receipt requested. State law entitles patients to receive a copy of their records—or have them sent to another provider or third party—if proper written authorization is provided. Physicians must respond within 15 business days of receiving the request. This requirement also applies when a minor’s parent or legal guardian requests the records.
The TMB does not provide a referral service or make recommendations to patient consumers regarding specific health care providers. Here are some tips on locating a new physician:
Contact your health insurance provider – check with your group or individual health plan or employer’s benefits office. Plans will have a listing of providers who accept your insurance and can offer further guidance.
For physicians who accept Medicare payments, visit the Centers for Medicare and Medicaid Services' Physician Compare: https://www.medicare.gov/physiciancompare/
For Medicaid and the Children's Health Insurance Program (CHIP), visit https://hhs.texas.gov/services/health/medicaid-chip
Check the Texas Medical Board’s website – licensees of the Medical Board are searchable several ways including by city, zip code and specialty. Visit Look Up a License
Texas Health Compare – an online guide from the Texas Department of Insurance for choosing health plans and providers, available at the following link: http://www.texashealthoptions.com/compare/index.html
Other provider directories – another helpful resource is the National Institutes of Health’s MedlinePlus, available at the following link: https://medlineplus.gov/directories.html
Unless the billing records are specifically requested, the physician is not required to provide copies of billing records as part of the medical records. A physician may charge separate fees for medical and billing records requested.
Requests for records created and kept by a hospital should be directed to the hospital rather than to the physician. Fees for hospital records differ from those records provided by physicians.
Board rules define a reasonable fee for providing paper copies of medical records as no more than $25 for the first twenty pages and $.50 per page for every copy thereafter. A reasonable fee for providing copies of medical records in electronic format is a charge of no more than: $25 for 500 pages or less and $50 for more than 500 pages. Also, a reasonable fee of up to $15 may be charged for executing an affidavit, if requested. A physician may not charge a fee for a medical or mental health record if the request is related to a benefits or assistance claim based on the patient's disability. A reasonable fee for copies of imaging studies shall be no more than $8 per copy of an imaging study.