2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter I. Board of Mental Health and Chemical Dependency Professionals › § 3019. Treatment records; discontinuation of a practice; termination of a client relationship; death of a licensee [Effective Dec. 30, 2023].

§ 3019. Treatment records; discontinuation of a practice; termination of a client relationship; death of a licensee [Effective Dec. 30, 2023].
(a) (1) An individual licensed under this chapter shall provide notice under this section to all affected clients no less than 30 days before doing any of the following:
a. Discontinuing the licensee's practice in this State when the licensee is not transferring client records to another provider in this State.
b. Terminating a client relationship.
(2) The notice required under paragraph (a)(1) of this section must include all of the following:
a. How the client can obtain the client's records.
b. The name, phone number, and address of other providers in the area who may be available to accept new clients who require that care.
c. The date the licensee will discontinue services.
(3) The notice required under paragraph (a)(1) of this section must be provided by all of the following:
a. If the client is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
b. A letter sent by first-class mail.
(4) When a licensee is closing the licensee's practice and client records will no longer be available at the licensee's place of business, the licensee shall provide to the Board notice of how former clients may obtain the client's records.
(b) (1) If a licensee dies and has not transferred client records to another provider and has not made provisions for a transfer of client records to occur upon the licensee's death, a personal representative of the licensee's estate shall provide notice to the deceased licensee's clients of record by doing all of the following:
a. Publishing a notice to that effect in a newspaper of general circulation in the area where the deceased licensee practiced. The notice must be published at least 1 time per month in the 3-month period after the licensee's death.
b. Providing notice to all clients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a. of this section by doing all of the following:
1. If the client is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
2. A letter sent by first-class mail.
(2) The notice required under paragraph (b)(1) of this section must include all of the following:
a. That the licensee has died.
b. How the client can obtain the client's records.
(3) The personal representative of the person's estate shall provide the Board notice of how former clients may obtain the client's records.
(c) (1) If a client changes from the care of a licensee to another provider, the licensee shall transfer the client's records to the new provider upon the request of either the client or the new provider with the client's written consent.
(2) If the client and licensee agree, the licensee may forward a summary of the client's treatment record to the new provider in lieu of transferring the entire record, at no charge to the client.
(d) (1) Clients have the right to obtain a copy of their records from a licensee.
(2) Unless a client is requesting a copy of their records under subsection (a) or (b) of this section or to make or complete an application for a disability benefits program, a client who requests a copy of their records is subject to any of the following charges:
a. The reasonable expenses of copying the client's records, according to the payment schedule under paragraph (d)(3) of this section.
b. The actual cost of postage or shipping, if the records are mailed or shipped.
c. Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction.
(3) The Board shall establish a payment schedule for copies of client records under this section and must review this payment schedule annually.
(4) The licensee or their third-party release-of-information service may require payment of all costs under paragraph (d)(2) of this section before providing the copies of the records.
(e) This section does not apply to a licensee who has seen or treated a client on referral from another provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following:
(1) The referring provider.
(2) A hospital or an agency that has provided treatment for the client.
(f) A licensee has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for client records, unless a faster response is medically necessary.
(g) (1) A licensee may permanently dispose of a client's record in a manner that ensures confidentiality of the records 7 years after the following:
a. Discontinuing business in this State.
b. The last entry date in the client's record after terminating the client relationship or the client changes from the care of the licensee to another provider.
(2) Seven years after the death of a licensee, the licensee's personal representative may permanently dispose of client records that have not been procured, in a manner that ensures confidentiality of the records.
(3) A licensee or the personal representative of the estate of a licensee who disposes of client records in accordance with this section is not liable for any direct or indirect loss suffered as a result of the disposal of a client's records.
(h) The Board may find that an individual licensed under this chapter who violates this section has committed unprofessional conduct, and any aggrieved client or the client's personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.
84 Del. Laws, c. 86, § 2;