secretary
Health and Human Resources
Agency
Virginia Department of Health
Board
State Board of Health
Petition 459
Petition Information
Petition Title Extend Retention Period for Minor Medical Records
Date Filed 9/29/2026    [Transmittal Sheet]
Petitioner Cristen Russell 
Petitioner's Request

The fundamental policy issue I am asking Virginia to consider is whether a childhood medical record should be permitted to be destroyed simply because a patient has reached a particular age, when that information may remain medically relevant for the remainder of that person’s life.

There is a substantial difference between a medical record being old and a medical record being medically obsolete.

Advances in genetics, metabolic medicine, neurology, immunology, rheumatology, oncology, infectious disease, and other fields continue to reveal the importance of historical clinical information that may previously have appeared nonspecific or unexplained.

Preserving childhood medical records for a longer, defined period would protect the ability of patients to access their own medical histories, support continuity of care, improve the availability of longitudinal information for future diagnosis, and preserve information that may become medically significant only after scientific knowledge has advanced.

For these reasons, I respectfully request that the Commonwealth reconsider the current minimum retention period for childhood medical records and adopt a longer, modernized standard.

 
Agency's Plan

 

Pursuant to § 2.2-4007 of the Code of Virginia, the petition for rulemaking will be published in the Virginia Register of Regulations on October 19, 2026 (Volume 43, Issue 5). The petition will also be published on the Virginia Regulatory Town Hall (www.townhall.virginia.gov). Public comment on the petition will be received from October 19, 2026, to November 9, 2026. 

Following receipt of public comment and within 90 days of the end of the public comment period, a written decision to grant or deny the petition will be issued.

 
Comment Period red dot In Progress!
Began 10/19/2026    Ends 11/9/2026
Currently 1 comments
Virginia Register Announcement Submitted on 9/29/2026
 
The Virginia Register of Regulations
 
Published on: 10/19/2026     Volume: 43  Issue: 5
Agency Decision Pending    

Contact Information
Name / Title: Jona Roka  / Policy Analyst
Address: Virginia Department of Health
9960 Mayland Drive, Suite 401
Henrico, 23233
Email Address: regulatorycomment@vdh.virginia.gov
Telephone: (804)875-1089    FAX: (804)527-4502    TDD: ()-