Ariz. Admin. Code § R4-26-106 - Client or Patient Records
A. A
psychologist shall not condition release of a client or patient record on
payment for services by the client, patient, or a third party.
B. Except as provided in subsection (C), a
psychologist shall, with a client's or patient's written consent, provide
access to or a copy of the client's or patient's record, including raw test
data and other information as provided by law to the client or patient or the
client's or patient's health care decision maker unless the release violates
copyright or other laws or violates one of the standards incorporated by
reference at
R4-26-301.
C. A psychologist may deny a request to
provide access to or a copy of a client's or patient's record if the
psychologist determines:
1. Access by the
client or patient is reasonably likely to endanger the life or physical safety
of the client or patient or another person;
2. The record makes reference to a person
other than a health professional and access by the client or patient or the
client's or patient's health care decision maker is reasonably likely to cause
substantial harm to that other person;
3. Access by the client's or patient's health
care decision maker is reasonably likely to cause substantial harm to the
client or patient or another person;
4. Access by the client or patient or the
client's or patient's health care decision maker will reveal information
obtained under a promise of confidentiality with someone other than a health
professional and access is reasonably likely to reveal the source of the
information; or
5. Access by the
client or patient or the client's or patient's health care decision maker may
result in misuse or misrepresentation of the information and potentially harm
the client or patient.
D.
Without a client's or patient's consent, a psychologist shall release the
client's or patient's raw test data only to the extent required by law or under
court order compelling production.
E. A psychologist shall retain all client or
patient records under the psychologist's control, including records of a client
or patient who died, for at least six years from the date of the last client or
patient activity. If a client or patient is a minor, the psychologist shall
retain all client or patient records for at least three years past the client's
or patient's 18th birthday or six years from the date of the last client or
patient activity, whichever is longer.
F. Audio or video recordings created
primarily for training or supervisory purposes are exempt from the requirement
of subsection (E).
G. A
psychologist who is notified by the Board or municipal, state, or federal
officials of an investigation or pending case shall retain all records relating
to that investigation or case until the psychologist receives written notice
that the investigation is completed, the case is closed, or the matter has been
fully adjudicated.
H. The
provisions of this Section apply to all psychologists including a psychologist
who is on inactive status under A.R.S. §
32-2073(G).
I. A psychologist may retain client or
patient records in electronic form. The psychologist shall ensure that client
or patient records in electronic form are legible, stored securely, and an
electronic backup copy is maintained.
Notes
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No prior version found.