Who Owns the Patient Records When an Associate Dentist Leaves a Practice in Ontario?

When an associate dentist leaves a clinic in Ontario, one of the first questions that comes up, often from both sides, is what happens to the patient records. It feels like it should have a simple answer, but in most cases it does not. Patient records raise a mix of custody, access, confidentiality, and professional obligations, and how these play out can depend heavily on what the associate agreement says, and on the specific facts of the departure.

This article looks at some of the general issues that tend to come up when an associate dentist is leaving a clinic, and why both the clinic and the departing associate may want to review their agreement and their professional obligations before assuming how records will be handled.

Custody of Records Usually Sits With the Clinic, But It Is Not Always That Simple

In many Ontario dental practices, the clinic itself, rather than the individual associate, is treated as the custodian of the patient records. This is often because the clinic maintains the business, holds the relationship with patients, and is responsible for keeping records organized and secure. That said, custody is not always automatic. It can depend on how the practice is structured, who owns the clinic, whether the associate operates more independently, and what the associate agreement says about record keeping.

Depending on the facts, an associate who has practiced at a clinic for many years may feel a strong connection to the patients they have treated, but that does not necessarily mean the associate has a legal right to take the original records, or copies of them, without the clinic's consent. Whether an associate can access records after leaving is usually a separate question from who has custody of them in the first place.

Why the Associate Agreement Matters

Many disputes over patient records could be avoided, or at least reduced, if the associate agreement addressed the issue clearly from the start. Some agreements include specific terms about who retains custody of records after departure, whether the associate can obtain copies for their own files, and how patient notification is supposed to happen. Other agreements say very little on the topic, which can leave both sides guessing when the associate actually leaves.

If you are an associate who is planning to leave a practice, or a clinic owner preparing for an associate's departure, it is generally worth reviewing the agreement closely, and speaking with a lawyer if the language is unclear or silent on records, patient communication, or confidentiality obligations.

Custody, Access, and Confidentiality Are Different Issues

It can help to think of this as three separate, though related, issues. Custody refers to who is responsible for storing and safeguarding the records. Access refers to who is permitted to look at or obtain copies of records, which may include the departing associate in some circumstances, such as where needed to respond to a complaint or continue care elsewhere. Confidentiality refers to the ongoing duty to protect patient information, which generally continues to apply to both the clinic and the associate even after the working relationship ends.

In some cases, an associate may be entitled to limited access to records, for example to assist with a professional college matter or an insurance claim relating to treatment they provided. This does not usually mean the associate can take the records outright or use them for an unrelated purpose, such as contacting patients to encourage them to transfer to a new practice.

Communicating With Patients About the Departure

How patients are told about an associate's departure is another area where disputes can arise. Clinics and associates sometimes disagree about who should notify patients, what the notice should say, and whether the associate can share their new contact information. Professional and privacy obligations may also come into play here, since patient contact information is generally considered part of the confidential record.

In some cases, the associate agreement addresses this directly, for example by including a non-solicitation clause or a template notice letter. Where the agreement is silent, this is often an area where tensions run high, and getting legal advice early, rather than after a dispute has already started, may help avoid a bigger problem later.

Professional Obligations Still Apply

Dentists in Ontario are subject to professional and regulatory obligations regarding patient records, including requirements around retention, security, and patient access to their own records. These obligations generally apply regardless of what the associate agreement says, and they do not simply disappear because an associate has left the practice. Both the clinic and the departing associate may want to review their professional obligations, in addition to their contractual ones, before finalizing how records will be handled.

What This Means in Practice

If you are an associate dentist leaving a practice, or a clinic owner going through this transition, it is generally a good idea to review the associate agreement closely, look at what it says, and does not say, about records, access, confidentiality, and patient communication. Where the agreement is unclear, incomplete, or silent, speaking with a lawyer before the departure happens, rather than after a disagreement starts, may help both sides understand their options and reduce the risk of a dispute.

Every clinic and every associate relationship is different, and what applies in one situation may not apply in another. The specific facts, including how the practice is structured and what the agreement says, will generally shape how this issue is resolved.

Frequently Asked Questions

Q: Does a departing associate dentist own any of the patient records?

A: Generally, no. In most Ontario clinics, the clinic is treated as the custodian of patient records rather than the individual associate. However, this can depend on how the practice is structured and what the associate agreement says, so it is worth reviewing your specific situation with a lawyer.

Q: Can an associate take copies of patient charts when they leave?

A: Not usually, and not without the clinic's consent or a clear basis in the agreement. In some cases, limited access to specific records may be appropriate, such as to respond to a college complaint, but this is different from taking or copying records generally.

Q: Can the associate contact patients after leaving the clinic?

A: This depends on the facts, including whether the associate agreement includes a non-solicitation clause and how patient notification was handled. Patient contact information is generally treated as confidential, so this is an area where legal advice is often worthwhile.

Q: What should be done if the associate agreement does not address patient records at all?

A: If the agreement is silent or unclear, this is generally a good reason to speak with a lawyer before the associate leaves. Addressing custody, access, confidentiality, and patient communication in writing, even after the fact, may help reduce the risk of a dispute.

Contact DevLaws

If you are a clinic owner or an associate dentist navigating a departure and have questions about patient records, custody, or your agreement, the team at DevLaws is here to help. Contact DevLaws today to schedule a consultation and talk through your specific situation.

contact@devlaws.com | +1 437 290 0424 | devlaws.com

Disclaimer

This article is provided for general information purposes only and does not constitute legal advice. It is not intended to create a lawyer-client relationship. Laws, regulations, and professional obligations can change, and the information here may not reflect the most current developments. Every clinic and every associate relationship is different, and the information in this article may not apply to your specific circumstances. If you have questions about patient records, an associate agreement, or a practice transition, you should consult a qualified lawyer for advice tailored to your situation. DevLaws does not guarantee any particular outcome or result.