Good record keeping is just as important as provision of good dentistry and an integral part of the use of reasonable skill and care;

Practitioners are obliged to safeguard the confidentiality of patient records. Dentists shall maintain patient records in a manner consistent with the protection of the welfare of the patient.

Practitioners are advised that retention of records is a matte for decision by a practitioner on his/her own responsibility, however, it is recommended that they should be retained indefinitely. If space does not permit then they should be retained for a period of at least 11 years from the date of treatment (or in case of a minor) from the date that the patient ceases to be a minor whichever is the longer period;

Practitioners who take radiographs own them. They are an integral part of the patients records and should be retained for a minimum of five years;

If a patient who has paid for his radiographs requests that they be given to him/her either for a second opinion or because he/she has changed dentists, then the dentist who took those radiographs may send it directly to the new dentist for viewing only. Duplicates of films can be provided to patients at a fee.

In South Africa the courts have held that the clinical records of a medical or dental practitioner are the property of that practitioner and, in general, not even the patient has the right of access to those records, at least not before the commencement of litigation.

The final Constitution of South Africa presently provides that citizens have a right of access to information in State hands only. After further enabling legislation is passed, access to information in possession of private persons or organisations will also be granted if the information is required for the exercise or protection of any rights.

In the dental context, this means that patients would probably be able to demand inspection of their dental records, to protect or exercise any of their rights. In practice this will usually be for purposes of instituting civil action or lodging a complaint to the dentists’ regulatory body.