Record Retention

Most therapists wonder not only how long they should keep their records, but also what should they keep after the time when they are allowed to eliminate, destroy, or shred the records.

How long should I keep the records?
Retain records as long as it is legally mandated or, when applicable, take into consideration institutional requirements, professional organizations’ guidelines, professional codes of ethics, or other relevant mandates. The length of time obviously varies among states and type of license. For example, psychologists, MFTs and SWs in CA should keep adult records for at least 7 years. (More info at California Law for Records Retention). Check with your licensing board, state law, institution’s guidelines, or your state professional association regarding the length of time that you must keep records. Note that the record retention period may be different for adults vs. children.

Generally, there are no legal requirements to maintain any records beyond the required time. However, therapists must take into consideration the context of therapy and the potential need for records in the future, as well as the potential risk of maintaining outdated or obsolete records for long periods of time. For example, if the client is in litigation involving concerns with their mental health or situations where the records may be subpoenaed, clinicians may want to consult with experts to determine if they may have duty to keep the records beyond the minimum requirement.

What should I keep after the mandated time? 
If you have decided that there is no clinical, legal, or other reason to keep records after the mandated period of time, then, unless it is required otherwise, there is no mandate to keep any records, not even names, summaries, or dates of service.

How must one deal with keeping records if a therapist closes the practice, becomes disabled, or dies?
The same length of time required by law is applied to situations when a therapist closes the practice or become disabled. If the therapist becomes incapacitated, the designated professional in the therapist’s Professional Will should apply the minimum length of time for record retention.

Considerations for Keeping Records Past the Minimum Time
Another concern that may arise when deciding whether to keep records past the minimum required time is one of storage space. If one keeps the records in hard copy format, storage space will become an issue at some point in the sheer volume of such records. Never disposing of any records can become a managerial hazard. If you need to store records offsite, in several places that are further from your reach and knowledge of their safety and security it can be a confidentiality risk.

 
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