N.J. Admin. Code § 13:42B-6.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:42B-6.6 - Client access to records

(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, a subsequent treating health care professional, or the Board 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 an English translation.

(b) 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. Ensure that the scope of the release is consistent with the request; and

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

(c) Notwithstanding (a) above, a licensee may withhold information in the client record from a client or the client's guardian if, in the professional judgment of the licensee, the release of such information would adversely affect the client's health, safety, or welfare.

(d) A licensee who withholds client records pursuant to (c) above shall provide the client record and an explanation of the reasons for withholding the record upon the request of and directly to:

1. The client's attorney;

2. Another licensed health care professional; or

3. The client's health insurance carrier.

N.J. Admin. Code § 13:42B-6.6

Adopted by 56 N.J.R. 782(a) effective 5/6/2024