Code of Colorado Regulations
700 - Department of Regulatory Agencies
737 - Division of Professions and Occupations - State Board of Licensed Professional Counselor Examiners
4 CCR 737-1 - LICENSED PROFESSIONAL COUNSELOR EXAMINERS RULES AND REGULATIONS
Section 4 CCR 737-1.16 - RECORDS REQUIRED TO BE KEPT AND RECORD RETENTION (C.R.S. sections 12-245-204(4), 12-245-224(1)(u))

Universal Citation: 4 CO Code Regs 737-1 § 16

Current through Register Vol. 47, No. 17, September 10, 2024

A. General. Every licensed professional counselor shall create and shall maintain a record as defined in subsection (B) of this Rule for each client, this record shall be retained for a period of seven years, commencing on either the termination of professional counseling services or the date of last contact with the client, whichever is later. Exception. When the client is a child, the record shall be retained for a period of seven years commencing either upon the last day of treatment or when the child reaches eighteen years of age, whichever comes later, but in no event shall records be kept for more than twelve years.

B. The record shall contain, as applicable to the mental health services rendered, the following information:

1. Name of treating therapist;

2. Client's identifying data to include name, address, telephone number, gender, date of birth, and if applicable the name of the parent or guardian. If the client is an organization, the name of the organization, telephone number and name of the principal authorizing the mental health provider's services or treatment;

3. Reason(s) for the psychotherapy services;

4. Mandatory disclosure statement(s);

5. Dates of service including, but not limited to the date of each contact with client, the date on which services began, and the date of last contact with client;

6. Types of service;

7. Fees;

8. Any release of information;

9. The record shall justify and describe the assessment, diagnosis and therapy/treatment administered in a legible document. The records must be prepared in a manner that allows any subsequent provider to yield a comprehensive conclusion as to what occurred;

10. Name of any test administered, each date on which the test was administered, and the name(s) of the person(s) administering the test;

11. A final closing statement (if services are over).

C. Record Storage. Every professional counselor shall keep and store client records in a secure place and in a manner that both assures that only authorized persons have access to the records and protects the confidentiality of the records and of the information contained of the records.

D. Transfer of Records. Whenever a professional counselor deems it necessary to transfer her/his records to another professional counselor or other health care provider, the professional counselor making the transfer shall obtain the client's consent to transfer (when possible).

E. Disposition of Records. If the professional counselor is not available to handle her/his own records, the professional counselor and /or his estate shall designate an appropriate person to handle the disposition of records. A plan for the disposition of records shall be in place for all professional counselors for the following conditions:

1. Disability, illness or death of the professional counselor.

2. Termination of the professional counselor's practice.

3. Sale or transfer of a practice.

F. Record destruction. Every professional counselor shall dispose of client records in a manner or by a process that destroys or obliterates all client identifying data. However, records cannot be destroyed until after seven years or as otherwise provided in these rules or any other applicable statutes or rules.

G. Record Keeping in agency/institutional setting. A professional counselor need not create and maintain client records if the professional counselor practices in an agency or institution and if the professional counselor:

1. Sees the client in the usual course of that practice;

2. Keeps client records as required by the agency or institution, and;

3. The agency or institution maintains client records.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.