Fla. Admin. Code Ann. R. 64B4-9.001 - Requirements for Client Records
(1) A
licensed clinical social worker, marriage and family therapist, or mental
health counselor, including any registered intern or provisional licensee,
shall maintain responsibility for all records relating to his clients as
provided in Section 456.057, F.S. All such records
shall remain confidential except as provided by law or as allowed pursuant to a
written and signed authorization by the client specifically requesting or
authorizing release or disclosure of records in his office or
possession.
(2) A full record of
services shall be maintained for 7 years after the date of the last contact
with the client or user.
(3) When a
clinical social worker, marriage and family therapist, or mental health
counselor terminates practice or relocates and is no longer available to
clients or users, the clients or users shall be notified of such termination or
relocation and unavailability by the licensee's causing to be published in the
newspaper of greatest general circulation in the county in which the licensee
practices or practiced, a notice which shall contain the date of termination or
relocation and an address at which the licensee's client or user records are
available to the client, user, or to a licensed mental health professional
designated by the client or user. The notice shall appear at least once a week
for 4 consecutive weeks. The records shall be retained for 2 years after the
termination or relocation of the practice.
(4) If the termination was due to the death
of a licensee, records shall be maintained at least two years after the
licensee's death. At the conclusion of a 22 month period from the date of the
licensee's death, the executor, administrator, personal representative, or
survivor shall cause to be published once during each week for 4 consecutive
weeks, in the newspaper of greatest general circulation in each county in which
the licensee practiced, a notice indicating to the clients or users of the
deceased licensee that the licensee's records will be disposed of or destroyed
4 weeks or later from the last day of the final week of publication of the
notice.
Notes
Rulemaking Authority 456.058, 491.004(5), 491.0148 FS. Law Implemented 456.058, 491.0148 FS.
New 5-8-90, Formerly 21CC-9.001, 61F4-9.001, 59P-9.001, Amended 2-11-98, 6-13-07.
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