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TITLE 22EXAMINING BOARDS
PART 34TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS
CHAPTER 781SOCIAL WORKER LICENSURE
SUBCHAPTER BCODE OF CONDUCT AND PROFESSIONAL STANDARDS OF PRACTICE
RULE §781.209Client Records and Record Keeping

Following applicable statutes, the licensee shall:

  (1) keep accurate and legible records of the dates of services, types of services, progress or case notes, intake assessment, treatment plan, and billing information;

  (2) retain and dispose of client records in ways that maintain confidentiality;

  (3) in independent practice, establish a plan for the custody and control of the licensee's client records should the licensee die, become incapacitated, or cease offering professional services;

  (4) keep client records for five years for adult clients and five years beyond the age of 18 for minor clients unless the record keeping provision of §781.204(f) of this title (relating to Relationships with Clients) conflicts with the standards, requirements, or procedures for records generated in the course and scope of rendering services as a social worker, either directly or indirectly, for an educational institution, or a federal, state, or local governmental entity or political subdivision, the foregoing provision in §781.204(f) of this title does not apply;

  (5) provide a written explanation of the types of treatment and charges on a bill or statement to the client (this applies even if the charges are to be paid by a third party); and

  (6) comply with the requirements of Texas Health and Safety Code, Chapters 161 and 611; Texas Family Code, Chapter 261; and other applicable state law concerning confidentiality of protected health information and the release of mental health records.


Source Note: The provisions of this §781.209 adopted to be effective January 27, 2011, 36 TexReg 242; amended to be effective March 28, 2013, 38 TexReg 1977

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