La. Admin. Code tit. 48, § I-4715 - Confidentiality and Security of Files
A. A provider shall have written procedures
for the maintenance and security of records and to whom records may be
released. Records shall be the property of the provider and the provider, as
custodian, shall secure records against loss, tampering, or unauthorized
use.
B. A provider shall maintain
the confidentiality of all clients' case records. Employees for the provider
shall not disclose or knowingly permit the disclosure of any information
concerning the client or his/her family, directly or indirectly, to any
unauthorized person.
C. When the
client is of majority age and noninterdicted, a provider shall obtain the
client's written, informed permission prior to releasing any information
concerning the client.
D. When the
client is a minor or is interdicted, the provider shall obtain written,
informed consent from the parent(s), or legally responsible person prior to
releasing any information concerning the client.
E. A provider shall, upon written request,
make available information in the case record to the client, the legally
responsible person, or legal counsel of the client. If, in the professional
judgement of the administration of the provider, it is felt that information
contained in the record would be damaging to the client, that information my be
withheld from the client except under court order.
F. A provider may use material from case
records for research purposes, development of the governing body's
understanding and knowledge of the provider's services, or similar educational
purposes, provided that names are deleted and other identifying information is
disguised or deleted.
G. A provider
shall not release a personnel file without the employee's permission except in
accordance with state law.
Notes
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