02-416-17 Me. Code R. § 2

Current through 2024-51, December 18, 2024

Section 416-17-2 - Private Practice

A licensee in private practice, as defined in 32 M.R.S. § 7001- A(9), who generates client records other than as a licensee affiliated with an agency or other institution, shall comply with the following requirements for those records:

1.Record Retention

A licensee shall retain all client records for at least 7 years after the client's last date of service or date of death, except that:

A. Records for a minor client shall be retained for at least 7 years after the client reaches the age of 18.

B. In the event that a licensee receives information that a client is involved in litigation in which the client's records may be relevant, the licensee shall retain the client's records until the matter is resolved by the court.

2.Record Destruction

A licensee may destroy client records when the applicable retention period has expired, as follows:

A. Paper client records shall be destroyed through the use of a secure shredding system.

B. Electronic client records shall be destroyed through a technologically appropriate process that renders the records unreadable, indecipherable, and incapable of being reconstructed.

3.Continuing Obligation After Licensure Ends

In the event that a licensee no longer holds a license, client records generated in the course of the licensee's private practice must be retained in accordance with this chapter.

02-416 C.M.R. ch. 17, § 2