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RECORD
RETENTION
Policy
No agreement between or among massage therapists or between
a massage therapist and other health care providers can supersede
the individual massage therapist's duty to a client with respect
to the keeping of health records. The client records exist
as a guide for the therapist as well as his or her associates
or successors. Massage therapists when commencing employment,
or entering into group practice should develop an agreement
that explicitly covers procedures for record storage, covering
the following situations;
| 1. |
Termination
of the employment, partnership or other agreement; or |
| 2. |
Closing,
relocation or selling of the practice. |
Guidelines
Employment
Agreement
A massage therapist who terminates a relationship with a facility
should decide if the health records will be stored by the
facility or the massage therapist. If the facility is maintaining
the original records, a copy of the records should be kept
by the massage therapist or an agreement reached allowing
the massage therapist access to the records as needed. If
the massage therapist is keeping the client records, the facility
should be provided with information on the massage therapist's
new practice location so that clients who wish to access their
records can contact the massage therapist to do so. In addition,
the massage therapist may write to the clients advising them
who to contact to obtain a copy of their records.
Note:
It is
professional misconduct to abandon a client. For this reason,
the College believes that the departing massage therapist
has a responsibility to contact clients and notify them
that he/she is leaving the practice. This may be done in
person, by telephone or by letter. The purpose of this contact
is to assist the client with the transfer of care to another
provider, if necessary, and to advise them of how they can
access their health record in the future.
Closing
of a Practice
A massage therapist closing a practice due to retirement or
relocation out of the area, should:
| 1. |
Give
clients as much notice as possible that the practice
is closing, |
| 2. |
Assist
clients with the transfer of their care to another provider, |
| 3. |
Advise
them that the therapist is required to keep their records
for 10 years, or as noted above if the client is less
than 18 years old, and provide information on how they
may obtain a copy of the record in the future. (the
retiring massage therapist may store the records or
may appoint a custodian who will store and monitor access
to the records). |
Note:
If the
member has died, his or her estate may elect to store the
records and respond to client requests for information,
or may choose to transfer the records to another individual
who will act as custodian.
Selling the Practice
A massage therapist should:
| 1. |
Give
clients as much notice as possible that the practice
is being sold, |
| 2. |
Facilitate
the transfer of care to the new practitioner or respect
the client's choice if they wish to choose a new practitioner
not associated with the clinic. |
| 3. |
Advise
the client of the arrangements that have been made for
storage and access to the records and respect the client's
wishes if they want their record transferred to another
provider. |
Approved: November 25,1996
Revised: July 7, 2000
References:
The
Massage Therapy Act, Ontario Regulation 544/94, Part
III, Records
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