Mental Health Regulatory Agency
Oregon Board of Licensed Professional Counselors and Therapists - Chapter 833
Division 75
GENERAL LICENSURE PROVISIONS
833-075-0080
Custodian of Record
(1) A licensee, registered associate, or person granted a temporary practice authorization must:
(a) Arrange for the maintenance of and access to client records that ensure the client’s right to confidentiality and access to records in the event of the death or incapacity of the practitioner;
(b) Register with the Board the name and contact information of a custodian of record that will have case files and can make necessary referrals in the event the practitioner becomes incapacitated or dies; and
(c) Notify the Board of changes of the custodian of record.
(2) If the practitioner is an employee of an organization, the organization may be named as the custodian of record.
(3) The Board will not release the name of the custodian of record except in the following cases:
(a) The death or incapacity of the practitioner; or
(b) When a client is unable to locate the practitioner.
(4) A custodian of record under this rule must be a licensed mental health professional licensed under Oregon law, a licensed medical professional, a health care or mental health organization, an attorney, a school, or a medical records company.
Statutory/Other Authority: ORS 675.705 - 675.835
Statutes/Other Implemented: ORS 675.705 - 675.835
History:
BLPCT 5-2021, amend filed 10/08/2021, effective 10/08/2021
BLPCT 3-2021, temporary amend filed 08/11/2021, effective 08/11/2021 through 02/06/2022
BLPCT 1-2019, amend filed 12/18/2019, effective 01/01/2020
BLPCT 4-2016, f. & cert. ef. 10-10-16