Rationale: Psychologists proceed with respect for the rights of individuals to privacy and confidentiality (Ethics Code, Principle E). How long do you have to keep mental health records? 8 years after the conclusion of treatment or death. Your health records. Here we set out tables of types of records and the length of time they should be kept. It should also be noted that APA policy generally requires substantial review of the relevant empirical literature as a basis for establishing the need for guidelines and for providing justification for the guidelines' statements themselves (APA, 2005). Psychologist's desk reference. Parts 160 and 164 (2002). Cartwright, M., Gibbon, P., McDermott, B. M., & Bor, W. (2005). American Psychological Association Practice Organization, & American Psychological Association Insurance Trust. Develop your learning by completing our courses on a range of topics, which will help you to progress your career. Professional Psychology: Research & Practice, 18, 503-508. Psychologists using computers or other digital or electronic storage devices to maintain client treatment records may consider using passwords or encryption to protect confidential material.8 The psychologist strives to become aware of special issues associated with using electronic methods and media and seeks training and consultation when necessary.9. COPPS is grateful for the support and guidance of the BPA, particularly to BPA Chairs Kristin A. Hancock (2006), Rosie Phillips Bingham (2005), and Jalie A. Tucker (2004). Psychologists are encouraged to keep paper records in a secure manner in safe locations where they may be protected from damage and destruction (e.g., fire, water, mold, insects). Accessing prison health records. To the extent possible, this document attempts to provide guidelines that are generally consistent with these laws and regulations. This document aims to elaborate and provide assistance to psychologists as they attempt to establish their own record keeping policies and procedures. Often, rules for record creation and maintenance reflect requirements of all relevant disciplines, not only those related to psychological services. The psychologist may seek consultation from technical consultants regarding adequate methods for destruction of electronic records, such as physically destroying the entire medium or wiping clean (demagnetizing) the storage device.12. The psychologist is often asked to assess or treat individuals who are in crisis or under great external stress. The psychologist strives to create and maintain records in such a way as to preserve relevant information about the context in which the records were created. Amending information in your medical records Some statutes and regulations mandate inclusion or prohibit exclusion of particular information. Private practitioners are allowed to retain their records for a longer period, if they wish or are required to. Professional Psychology: Research and Practice, 37, 273-277. There are inherent tensions associated with decisions to retain or dispose of records. The requirement represents a minimum requirement for the length of time psychologists must retain mental health records. Psychologists protect electronic records from unauthorized access through security procedures (e.g., passwords, firewalls, data encryption and authentication). Mental health plays a crucial part in an individual’s total wellbeing, and for many Australians, information from mental health providers will form an important part of their My Health Record. Health Insurance Portability and Accountability Act of 1996, Pub. The psychologist may wish to alert the client of this potential at the outset of services or before consent for release is given. In particular, HIPAA's Privacy Rule and Security Rule have implications for the development, maintenance, retention, and security of medical and mental health records. (1993). Moline, M. E., Williams, G. T., & Austin, K. M. (1998). A call for comments was published in the APA Monitor and circulated to state, provincial, and territorial psychological associations and to APA divisions. In making decisions about the content of records, the psychologist takes into account factors such as the nature of the psychological services, the source of the information recorded, the intended use of the records, and his or her professional obligations. Access. Such a plan provides for continuity of treatment and preservation of confidentiality. These guidelines indicate some key areas in which HIPAA requirements or considerations impact record keeping. Accurately recording bartering agreements and transactions helps ensure that the record clearly reflects how the psychologist was compensated. Rules and Regs. Given this possibility, the psychologist may choose to keep separate records on each participant from the outset. For example, after release in a litigation context, records may be placed in the public domain and be accessible to any member of the public. Interviews with psychologists indicated that such guidance would indeed be useful. (2007, December 1). Psychologists providing psychological services within an institution consider institutional policies and procedures in making decisions about the level of detail in the record (See Guideline 10). In contrast, the client may be served by the disposal of the record as soon as allowed. Since the Health Insurance Portability and Accountability Act of 1996 became law, the manner in which medical professionals keep, share and transfer patients’ health records to electronic form has become far stricter — including any mental health records. Professional will: A responsible thing to do. This may reduce potential misunderstanding or perceived obligations that might affect the relationship. We strongly recommend that you review your counseling records with our mental health staff prior to releasing them to anyone. The patient-therapist relationship: Reliable and authentic mental health records in a shared electronic environment. These guidelines are not intended to describe these requirements fully or to provide legal advice. Within these guidelines, more directive language has been used when a particular guideline is based specifically on mandatory provisions of the Ethics Code or law. In those instances, the physician is not required to seek patient approval prior to providing records to the Board. The paper office (3rd ed.). Psychologists working in organizational settings may encounter conflicts between the practices of their organization and established professional guidelines, ethical standards, or legal and regulatory requirements. Records on clients who have been discharged from the program or who died while receiving services from the program should be retained for seven years from the date services are terminated or, if the client died, seven years from the date of the death. Fee agreement or fee policy. When the psychologist employs clerical or testing personnel, he or she is required by the Ethics Code (Standard 2.05) to take reasonable steps to ensure that the employee's work is done competently. A person has the right to access their health information, including mental health records. Following marital dissolution, a psychologist may be unclear whether to release records to one of the parents, particularly when the release is not wanted by the other parent. Knapp, S., & VandeCreek, L. (2003b). Psychological practice entails applications in a wide range of settings for a variety of potential clients. Record keeping is not just ‘paperwork’, but has many purposes and benefits, including: demonstrating (to your workers, the regulator, investors, shareholders, customers and so on) that you’re effectively managing work health and safety and complying with the laws For example, an earlier record of symptoms of a mental disorder might be useful in later diagnosis and treatment. Which HIPAA requirements or considerations impact record keeping treatment can be logistically challenging expensive... Of professional settings are varied and complex engaged in behavior as a member access a range of,! Was forwarded to Council for its approval at its February 2007 meeting and was approved on February 16,.! ( 1999 ) purpose, setting, and client progress the state regulations these tensions: psychologist... Procedures that fit the specific circumstances in which they work when documenting or. Considers whether the decision to maintain good record keeping by psychologists, 18,.. 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