N.J. Admin. Code § 13:37A-5.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:37A-5.3 - Client access to records; confidentiality

(a) Licensees shall provide access to client records to a client or an authorized representative in accordance with the following:

1. No later than 30 days from receipt of a written request from a client or an authorized representative, the licensee shall provide a copy of the client record, and/or billing records as may be requested;

2. The licensee may charge a fee for the reproduction of records, which shall be no greater than $ 1.00 per page or $ 100.00 for the entire record, whichever is less; and

3. If the client or a subsequent treating health care professional is unable to read the client record, because it is illegible, the licensee, upon request, shall provide a typed transcription of the record. If the record is in a language other than English, the licensee shall also provide a translation.

(b) Licensees shall maintain the confidentiality of client records, except that:

1. The licensee shall release client records as directed by a subpoena issued by the Board or the State Attorney General, or by a demand for a statement in writing under oath, pursuant to N.J.S.A. 45:1-18. Such records shall be originals, unless otherwise specified, and shall be unedited, with full client names; and

2. The licensee shall release information as required by statute or rule.

(c) Where the client has requested the release of all or a portion of a client record to a specified individual or entity, in order to protect the confidentiality of the records the licensee shall:

1. Secure and maintain a current written authorization, bearing the signature of the client or an authorized representative;

2. Assure that the scope of the release is consistent with the request;

3. Forward the records to the attention of the specific individual identified in the request; and

4. Mark the material "Confidential."

N.J. Admin. Code § 13:37A-5.3