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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.

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