Minnesota Administrative Rules

7200.4710 ACCESSING AND RELEASING PRIVATE INFORMATION.

Subpart 1.

Right to access and release private information.

A client has the right to access and consent to release of private information maintained by the provider, including client records as provided in Minnesota Statutes, sections 144.291 to 144.298, relating to the provider's psychological services to that client, except as otherwise provided by law or court order.

Subp. 2.

Release of private information.

When a client initiates a request for the release of private information, the provider shall comply with Minnesota Statutes, sections 144.291 to 144.298. However, if the provider initiates the release of private information to a third party, a written authorization for release of information must be obtained that minimally includes:

A.

the name of the client;

B.

the name of the individual or entity providing the information;

C.

the name of the individual or entity to which release is to be made;

D.

the specific information to be released;

E.

the purpose of the release, such as whether the release is to coordinate professional care with another provider, to obtain insurance payments for services, or for other specified purposes;

F.

the time period covered by the release;

G.

a statement that the release is valid for one year, except as otherwise allowed by law, or for a period that is specified in the release;

H.

a declaration that the individual signing the statement has been told of and understands the nature and purpose of the authorized release;

I.

a statement that the release may be rescinded, except to the extent that the release has already been acted upon;

J.

the signature of the client or the client's legally authorized representative, whose relationship to the client shall be stated; and

K.

the date on which the release is signed.

Subp. 3.

Multiple client records.

Whenever psychological services are provided to multiple psychotherapy clients, each client has a right to access only that part of the records that includes information provided directly by the client or authorized by the client to be part of the record, unless otherwise directed by law or court order. Upon a request by one client to access or release multiple client records, that part of the records that contains information that has not been provided directly or by authorization of the requesting client shall be redacted unless written authorization to disclose this information has been obtained from the other client. Alternatively, the provider may, at the beginning of the service, obtain written informed consent from the clients stating that each client has the right to access or authorize release of all information that is part of the record.

Subp. 4.

Board investigations.

The provider shall release to the board and its agents private information that the board and its agents consider to be germane to the investigation of all matters pending before the board that relate to its lawful regulation activities. Redacting identifying information of individuals in the record is not required when providing information to the board as part of a board investigation.

Statutory Authority:

MS s 148.905; 148.98

History:

37 SR 1085

Published Electronically:

January 31, 2013