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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.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed
with the Office of the Secretary of State on March 8, 2013
TRD-201301033 Timothy M. Brown, LCSW
Chair
Texas State Board of Social Worker Examiners
Effective date: March 28, 2013
Proposal publication date: October 5, 2012
For further
information, please call: (512) 776-6972
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