Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B19 - Board of Psychology › Chapter 64B19-19 - PSYCHOLOGICAL RECORDS AND CONFIDENTIALITY › Section 64B19-19.004 - Disposition of Records Upon Termination or Relocation of Psychological Practice

Current through Reg. 50, No. 138; July 16, 2024
(1) When a licensed
				psychologist terminates practice or relocates practice and is no longer
				available to service users in the practice area, the licensed psychologist
				shall provide notice of such termination or relocation of practice. The
				licensed psychologist shall cause such notice to be published in the newspaper
				of greatest circulation in the county from which the licensed psychologist is
				relocating or, in the case of termination of practice, in each county where the
				licensed psychologist has practiced. Such notice shall be published weekly for
				four (4) consecutive weeks. The notice shall contain the date of termination or
				relocation of practice and an address at which the psychological records of the
				service users may be obtained by them, their legal representatives, or licensed
				mental health professionals designated by service users in writing, to receive
				the service user's records.
(2) The
				executor, administrator, personal representative or survivor of a deceased
				licensed psychologist shall ensure the retention of psychological records in
				existence upon the death of the psychologist for a period of at least two (2)
				years and two (2) months from the date of the licensed psychologist's death.
				Within 1 month of the licensed psychologist's death, the executor,
				administrator, personal representative or survivor of the deceased licensed
				psychologist shall cause notice to be published in the newspaper of greatest
				general circulation in each county where the licensed psychologist practiced.
				Such notice shall be published weekly for four (4) consecutive weeks and shall
				advise of the licensed psychologist's death. Such notice shall also state the
				address from which service users, their legal representative, or licensed
				mental health professionals designated by the service user in writing, may
				obtain the service user's psychological records. A copy of such notice shall be
				mailed to the administrative office of the Board of Psychology. At the
				conclusion of 24 months from the date of the licensed psychologist's death, the
				executor, administrator, personal representative or survivor shall cause a
				notice to be published in the newspaper of greatest circulation in each county
				where the deceased psychologist practiced. Such notice shall advise that the
				psychological records still in the possession or under the control of the
				executor, administrator, personal representative or survivor will be destroyed
				on a date specified which may not be any sooner than 1 month from the last day
				of the last week of the publication of the notice. Such notice shall also be
				published once a week for four (4) consecutive weeks. Thereafter, on the date
				specified in the notice, the executor, administrator, personal representative
				or survivor shall destroy unclaimed psychological records.
Rulemaking Authority
					 456.058,
					 490.004(4) FS.
					 Law Implemented 456.058
					 FS.
New 8-12-90, Formerly 21U-22.004, Amended 6-14-94, Formerly
					 61F13-22.004, 59AA-19.004, Amended
					 9-18-97.