24.189.2318 PRIVILEGED INFORMATION AND RECORDS (1) In regard to privileged information and records, the licensee: (a) shall not reproduce or describe psychological tests or assessment procedures in popular publications, lectures or public presentations in ways that might invalidate them; (b) shall, in rendering professional services to an individual client, or services billed to a third party payer, maintain professional records that include: (i) the presenting problem(s) or purpose of diagnosis; (ii) the fee arrangement; (iii) the date and substance of each billed contact or service; (iv) any test results or other evaluative results obtained and any basic test data from which they were derived; (v) notation and results of formal consults with other providers; and (vi) a copy of all test or other evaluative reports prepared as part of the defined professional relationship. (c) shall administer, store and dispose of written, electronic and other records in such a manner as to insure their confidentiality; (d) shall not withhold records under their control that are requested and imminently needed for a client's treatment solely because payment has not been received, except as otherwise provided by law; (e) shall continue to treat as confidential information regarding a client after the defined professional relationship between the psychologist and the client has ceased. (2) Licensees shall maintain and not destroy patient records: (a) for a period of seven years after the patient reaches the age of 18, for patients who are minors; and (b) for a period of seven years after the last professional patient contact, including a release of records, for patients who are adults. History: 37-1-131, 37-1-319, 37-17-202, MCA; IMP, 37-1-131, 37-1-316, 37-17-101, MCA; NEW, 1998 MAR p. 927, Eff. 4/17/98; AMD, 2004 MAR p. 1474, Eff. 7/2/04; TRANS, from Commerce, 2004 MAR p. 2282. |