20. (1) A hospital may photograph records of personal health information for the purpose of retaining the contents thereof in lieu of the original documents where the photographing of the documents is carried out in accordance with procedures established by the board after considering the recommendations of the medical advisory committee.  R.R.O. 1990, Reg. 965, s. 20 (1); O. Reg. 332/04, s. 5 (1). (2) The following records or photographs thereof with respect to patients and out-patients shall be retained by the hospital keeping the records and photographs in accordance with subsection (3): 1. Records of personal health information. 2.  Revoked:  O. Reg. 332/04, s. 5 (2). 3. Slides made for microscopic examination from tissue removed from a patient or an out-patient on which a report has been made, except for blood smears that are normal in the opinion of the person making the report on the slide.  R.R.O. 1990, Reg. 965, s. 20 (2); O. Reg. 332/04, s. 5 (2). (3) Records referred to in subsection (2) or photographs thereof, other than a record to which subsection (4) or (5) applies, shall be retained, (a) in the case of a patient who is eighteen years of age or older, for at least ten years after the date of discharge or death of the patient to whom the record or photograph relates; (b) in the case of an out-patient who is eighteen years of age or older, for at least ten years after the date of the last visit or death of the out-patient to whom the record or photograph relates; (c) in the case of a patient who is under eighteen years of age, for at least ten years after the eighteenth anniversary of the birth of the patient to whom the record or photograph relates; and (d) in the case of an out-patient who is under eighteen years of age, for at least ten years after the eighteenth anniversary of the birth of the out-patient to whom the record or photograph relates.  R.R.O. 1990, Reg. 965, s. 20 (3); O. Reg. 538/99, s. 2 (1). (4) A hospital shall retain a diagnostic imaging record of a patient, other than a diagnostic imaging record referred to in subsection (5), (a) in the case of the record of a patient or out-patient who is 18 years old or older, for at least five years after the day on which the diagnostic imaging record is created; and (b) in the case of the record of a patient or out-patient who is under 18 years of age, for at least five years after the eighteenth anniversary of the birth of the patient or out-patient to whom the imaging diagnostic record relates.  O. Reg. 538/99, s. 2 (2). (5) A hospital shall retain a diagnostic imaging record of a diagnostic imaging examination of the breast, including a mammogram or breast ultrasound imaging record, (a) in the case of the record of a patient or out-patient who is 18 years old or older, for at least 10 years after the day on which the diagnostic imaging record is created; and (b) in the case of the record of a patient or out-patient who is under 18 years of age, for at least 10 years after the eighteenth anniversary of the birth of the patient or out-patient to whom the imaging diagnostic record relates.  O. Reg. 538/99, s. 2 (2). (6) A hospital is not required under this section to retain any videotape of a diagnostic imaging examination or test of a patient unless the videotape constitutes the only diagnostic imaging record of the examination or test.  O. Reg. 538/99, s. 2 (2). (7) Despite subsections (3), (4) and (5), if before the end of a period referred to in those subsections, a hospital receives notice of a court action, or of an investigation, assessment, inspection, inquest or other inquiry referred to in subsection (8), relating to the treatment of a patient in the hospital, the hospital shall retain the applicable records until, (a) in the case of a court action, the action is finally disposed of; (b) in the case of an investigation, assessment, inspection, inquest or other inquiry referred to in subsection (8), it has been completed and any subsequent hearing is finally disposed of; or (c) in the case of an access request under section 53 of the Personal Health Information Protection Act, 2004, for as long as necessary to allow the individual to exhaust any recourse under that Act that he or she may have with regard to the request.  O. Reg. 538/99, s. 2 (2); O. Reg. 332/04, s. 5 (3). (8) Subsection (7) applies if a hospital receives notice of the following: 1. An investigation, assessment, inspection or other inquiry by a committee of a College of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991. 2. An inspection by a practitioner review committee under the Health Insurance Act. 3. An investigation or inquest by a coroner under the Coroners Act. 4. An access request under section 53 of the Personal Health Information Protection Act, 2004.  O. Reg. 538/99, s. 2 (2); O. Reg. 332/04, s. 5 (4); O. Reg. 491/07, s. 1.