HF 3476

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to privacy; modifying provisions governing 
  1.3             access to client records by the board of psychology; 
  1.4             amending Minnesota Statutes 1998, section 148.941, 
  1.5             subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 148.941, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [COOPERATION OF APPLICANTS OR LICENSEES WITH 
  1.10  INVESTIGATIONS.] (a) An applicant or licensee of the board who 
  1.11  is the subject of an investigation or who is questioned in 
  1.12  connection with an investigation by or on behalf of the board 
  1.13  shall cooperate fully with the investigation.  Cooperation 
  1.14  includes responding fully and promptly to any question raised by 
  1.15  or on behalf of the board relating to the subject of the 
  1.16  investigation, executing all releases requested by the board, 
  1.17  providing copies of client records with client consent or 
  1.18  pursuant to court order, as reasonably requested by the board to 
  1.19  assist it in its investigation, and appearing at conferences or 
  1.20  hearings scheduled by the board or its staff.  
  1.21     (b) If the board does not have a written consent from a 
  1.22  client permitting access to the client's records, the licensee 
  1.23  may delete any data in the record which identify the client 
  1.24  before providing it to the board may obtain access to the 
  1.25  records only pursuant to a court order.  The court may order the 
  2.1   licensee to provide the records if the court determines the 
  2.2   records are reasonably necessary to assist the board in its 
  2.3   investigation and may condition the release of the records on 
  2.4   the deletion of data that identify the client.  The board shall 
  2.5   maintain any records obtained pursuant to this section as 
  2.6   investigative data pursuant to chapter 13.