California Psychologists: Rev up the Shredders -- New Record Keeping Regulations for California Psychologists Since January 1, 2007, all licensed psychologists in California must retain a patient's health service records for a minimum of seven (7) years from the patient's discharge date or seven years after a minor patient reaches the age of eighteen. California Governor, Arnold Schwarzenegger, signed AB 2257 on July 20, 2006. This provides much needed clarity, as prior to the passage and signing of AB 2257, state law did not address the issue of record retention by psychologists in independent practice. The new requirement represents a minimum requirement for the length of time psychologists must retain mental health records.  The implication is that each case must be considered individually to determine if there is a reasonable basis for retaining the records longer. Private practitioners are allowed to retain their records for a longer period, if they wish or are required to. The law means that since January 1, 2007, California psychologists can dispose, preferably by shredding or incineration, records of adult clients whose treatments were terminated seven or more years prior.    The new requirement is consistent with current practice for California's heath facilities, such as licensed clinics, nursing facilities, adult day health care facilities, intermediate care facilities and skilled nursing homes.  Florida, New Jersey and Oregon have equivalent record retention requirements of seven years minimum from last appointment or date of service.  Texas has a longer retention of records with a minimum of ten years and an additional ten years after the patient turns eighteen. Please note that there may be forensic or other reasons to keep records longer. California MFTs and LCSWs:  No Changes to Existing Laws The recommendation for record keeping for California MFTs and LCSWs: Taking into consideration §4982.05, Enforcement Status Limitation code, and the changes instituted in 2004, the recommendations are: Records created by marriage, family and child counselors and social workers should be preserved for a minimum of ten (10) years following the discharge of the patient. That means that California MFTs and LCSWs can dispose, preferably by shredding or incineration, records of adult clients whose treatments were terminated prior to October, 1996.  Records of un-emancipated minors should be kept one year after the minor has reached the age of majority but in no event less then 10 years. Please note that there may be forensic or other reasons to keep records longer. Contact BBS, CAMFT or CA-NASW for updates and verification. We offer an online course on Record Keeping, which fulfills the law and ethics requirement in CA and many other states, and includes our 61 Essential Clinical Forms.

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