Following applicable statutes, the licensee shall:
(1) keep accurate and legible records of the dates
of services, types of services, progress or case notes, intake assessment,
treatment plan, and billing information;
(2) retain and dispose of client records in ways that
maintain confidentiality;
(3) in independent practice, establish a plan for the
custody and control of the licensee's client records should the licensee
die, become incapacitated, or cease offering professional services;
(4) keep client records for five years for adult clients
and five years beyond the age of 18 for minor clients unless the record
keeping provision of §781.204(f) of this title (relating to Relationships
with Clients) conflicts with the standards, requirements, or procedures
for records generated in the course and scope of rendering services
as a social worker, either directly or indirectly, for an educational
institution, or a federal, state, or local governmental entity or
political subdivision, the foregoing provision in §781.204(f)
of this title does not apply;
(5) provide a written explanation of the types of treatment
and charges on a bill or statement to the client (this applies even
if the charges are to be paid by a third party); and
(6) comply with the requirements of Texas Health and
Safety Code, Chapters 161 and 611; Texas Family Code, Chapter 261;
and other applicable state law concerning confidentiality of protected
health information and the release of mental health records.
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