Mass. Gen. Laws » Part I Title XVII Chapter 123
Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 36 (2026)

Patient records; inspection; maintenance and retention

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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[ Text of section effective until November 25, 2025. For text effective November 25, 2025, see below.]

  Section 36. The department shall keep records of the admission, treatment and periodic review of all persons admitted to facilities under its supervision. Such records shall be private and not open to public inspection except (1) upon proper judicial order whether or not in connection with pending judicial proceedings, (2) that the commissioner shall allow the attorney of a patient or resident to inspect records of said patient or resident if requested to do so by the patient, resident or attorney, (3) that the commissioner may permit inspection or disclosure when in the best interest of the patient or resident as provided in the rules and regulations of the department and (4) as required by section one hundred and seventy-eight C to one hundred and seventy-eight O, inclusive, of chapter six. This section shall govern the patient records of the department notwithstanding any other provision of law. Each facility, subject to this chapter and section 19 of chapter 19, that provides mental health care and treatment shall maintain patient records, as defined in the first paragraph of section 70 of chapter 111, for at least 20 years after the closing of the record due to discharge, death or last date of service. A facility shall not destroy such records until after the retention period has elapsed and only upon notifying the department of public health that the records will be destroyed, provided that the department shall promulgate regulations further defining an appropriate notification process. On the notice of privacy practices distributed to its patients, each facility shall provide: (i) information concerning the provisions of this section; and (ii) the hospital or clinic's records termination policy.

Chapter 123: Section 36. Patient records; inspection; maintenance and retention; disclosure; promulgation of regulations

[ Text of section as amended by 2025, 73, Sec. 41, effective November 25, 2025. For text effective until November 25, 2025, see above.]

  Section 36. The department shall keep records of the admission, treatment and periodic review of all persons admitted to facilities under its supervision. Such records shall be private and not open to public inspection except (1) upon proper judicial order whether or not in connection with pending judicial proceedings, (2) that the commissioner shall allow the attorney of a patient or resident to inspect records of said patient or resident if requested to do so by the patient, resident or attorney, (3) that the commissioner may permit inspection or disclosure when in the best interest of the patient or resident as provided in the rules and regulations of the department and (4) as required by section one hundred and seventy-eight C to one hundred and seventy-eight O, inclusive, of chapter six. There shall be a rebuttable presumption that disclosure of patient records more than 50 years after the death of the patient is in the best interest of the patient; provided, however, that: (i) the records are facility records; and (ii) the requestor is a close relative or engaged in academic research. The department shall make best efforts to redact any personal identifying information of living individuals in such patient records in order to avoid undue invasion of privacy. The department shall promulgate regulations in collaboration with the department of developmental services to implement this rule. This section shall govern the patient records of the department notwithstanding any other provision of law. Each facility, subject to this chapter and section 19 of chapter 19, that provides mental health care and treatment shall maintain patient records, as defined in the first paragraph of section 70 of chapter 111, for at least 20 years after the closing of the record due to discharge, death or last date of service. A facility shall not destroy such records until after the retention period has elapsed and only upon notifying the department of public health that the records will be destroyed, provided that the department shall promulgate regulations further defining an appropriate notification process. On the notice of privacy practices distributed to its patients, each facility shall provide: (i) information concerning the provisions of this section; and (ii) the hospital or clinic's records termination policy.

Notes of Decisions
Cited in 6 cases, 1974–2019 · leading case: Commonwealth v. Maxwell, 808 N.E.2d 806 (Mass. 2004).
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Commonwealth v. Maxwell, 808 N.E.2d 806 (Mass. 2004). “Ill, § 70 (hospital records generally), and G. L. c. 123, § 36 (certain mental health records), contains no provision for the release of records pursuant to court order.”
Commonwealth v. O'BRIEN, 536 N.E.2d 361 (Mass. App. Ct. 1989). · cites it 2× “As to any remaining portions of the Gaebler records, the Commonwealth relies for its claim of confidentiality on G. L. c. 123, § 36, which generally protects the privacy of records of the Department of Mental Health, and also G.”
Commonwealth v. Fleurant, 311 N.E.2d 86 (Mass. App. Ct. 1974). “2-7 and 10) were proper and do not require further discussion.”
Doe v. Comm'r of Mental Health, 362 N.E.2d 920 (Mass. 1977). · cites it 4× “At issue in this case is the construction to be given G. L. c. 123, § 36, where a parent seeking access to psy *535 chiatric records is also an attorney who stands in an attorney-client relationship with his child.”
Crittenden v. Commonwealth, 114 N.E.3d 962 (Mass. 2019). “123, § 18, are protected from disclosure to third parties except by court order, pursuant to G. L. c. 123, §§ 36 and 36A. He also argues that dissemination of the § 18 ( a ) report, including material that he contends are privileged, will result in irremediable violation of his…”
Globe Newspaper Co. v. Doe, 12 Mass. L. Rptr. 501 (Mass. Super. Ct. 2000). “19(5) (1991), which provides, in pertinent part: “All individual patient records are private, not open to public inspection, and accessible only under the provisions of M.G.L.c. 123, §36 and §36A and 104 CMR 2 .”
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