New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 42B - BOARD OF APPLIED BEHAVIOR ANALYST EXAMINERS RULES
Subchapter 6 - BUSINESS PRACTICES
Section 13:42B-6.6 - Client access to records

Universal Citation: NJ Admin Code 13:42B-6.6

Current through Register Vol. 56, No. 18, September 16, 2024

(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.

Disclaimer: These regulations may not be the most recent version. New Jersey 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.
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