§ 3922 — Appointment of a custodian of client records

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

(b) (1) The custodian of client records appointed under this section shall notify the licensed clinical social worker’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 licensed clinical social worker 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 client 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, § 4