There are a number of scenarios where a psychologist discontinues practice — including moving, retiring, becoming disabled, or dying. Regardless of the circumstances, a psychologist who discontinues practice remains responsible for patient records for as long as they must be kept. Practitioners also must take appropriate steps to make clients aware that the practice is being discontinued.
If a psychologist moves out of state and does not want to take records along, he or she needs to see that the records are safely stored locally and that they could be properly accessed if a client needs the record.
Don’t overlook the need to make provisions for how client records should be handled in case of your disability or death. The arrangement that seems to provide for the easiest transition is having an agreement with another psychologist that if you die or become disabled, that psychologist will assume responsibility for the care of your records. It is important that the person be a psychologist or someone of equal training so that decisions about matters such as client access to records will be made by a competent health professional.
The arrangement you make could even become part of your initial informed consent form so that clients become aware of and agree to another psychologist’s being in charge of the records should you die or become disabled.
This article is the fifth in a series, “A matter of law,” about the practical effect of various laws and regulations on practicing psychologists.
PLEASE NOTE: Legal issues are complex and highly fact-specific and require legal expertise that cannot be provided by any single article. In addition, laws change over time. The information in this article should not be used as a substitute for obtaining personal legal advice and consultation prior to making decisions regarding individual circumstances.