(a) A license holder shall maintain legible and accurate
records of behavior analysis services rendered.
(1) Records are the responsibility and property of
the entity or individual who owns the practice or the practice setting.
(2) A license holder shall comply with all laws, rules,
and certifying entity requirements governing the maintenance of client
records, including client confidentiality requirements, regardless
of the state where the records of any client within this state are
maintained.
(3) Records created as a result of treatment in a school
setting shall be maintained as part of the student's permanent school
record.
(b) A license holder practicing in an educational setting,
school, learning center, or clinic shall comply with the recordkeeping
requirements of the service setting or with the retention requirements
of the certifying entity, if the latter are more stringent.
(c) Records shall be maintained for a minimum of the
longer of:
(1) seven years following the termination of behavior
analysis services;
(2) seven years following the date on which a minor
client reaches the age of 22; or
(3) the retention period required by the certifying
entity.
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