§ 3020 — Appointment of a custodian of client records

(a) If the Board receives a formal or informal complaint concerning access to client records as a result of a licensee’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a licensee’s practice in this State, the Board may temporarily or permanently appoint an individual or entity as custodian of the licensee’s client records after an investigation in accordance with the procedures under § 8735(h) of Title 29.

(b) (1) The custodian of client records appointed under this section shall notify the licensee’s clients of record of the custodian’s appointment by doing all of the following:

a. Publishing a notice to that effect in a newspaper of general circulation in the area where the licensee practiced. The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment and must explain how a client can procure the client’s records.

b. Notifying, by first-class mail, all clients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a. of this section that the custodian has been appointed and explaining how the client can procure the client’s records.

(2) Seven years after being appointed, the custodian may permanently dispose of client records that have not been procured, in a manner that ensures confidentiality of the records.

(c) A custodian of client records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a client’s records.

Legislative History

84 Del. Laws, c. 86, § 2