1. (a) (1) A licensee shall provide notice to all affected patients at least 30 days before doing any of the following:

   1. a. Discontinuing a psychology practice in this State if the licensee is not transferring patient records to another provider in this State.
   2. b. Terminating a patient relationship.

   3. (2) The notice required under paragraph (a)(1) of this section must include all of the following:

      1. a. Instructions on how the patient can obtain the patient’s records.
      2. b. The name, phone number, and address of providers in the area who may be available to accept new patients who require the same medical care.
      3. c. The date the licensee will discontinue services.

   4. (3) The notice required under paragraph (a)(1) of this section must be provided through all of the following methods:

      1. a. If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
      2. b. A letter sent by first-class mail.
   5. (4) When a licensee is closing a psychology practice and patient records will no longer be available at the licensee’s place of business, the licensee shall notify the Board of how former patients can obtain the patient’s records.

2. (b) (1) If a licensee dies and has not transferred patient records to another provider or arranged for the transfer of patient records upon the the licensee’s death, a personal representative of the licensee’s estate shall provide notice to the deceased licensee’s patients of record by doing all of the following:

   1. a. Publishing a notice in a newspaper of general circulation in the area where the deceased licensee practiced. The notice must be published at least 1 time per month in the 3-month period after the licensee’s death.

   2. b. Providing notice to all patients of record who have not requested their records within 30 days after publishing the notice published under paragraph (b)(1)a. of this section through all of the following methods:

      1. 1. If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.
      2. 2. A letter sent by first-class mail.

   3. (2) The notice required under paragraph (b)(1) of this section must include all of the following information:

      1. a. That the licensee has died.
      2. b. How the patient can obtain the patient’s records.
   4. (3) The personal representative of the licensee’s estate shall notify the Board of how a former patient may obtain the patient’s records.

3. (c) (1) If a patient changes from the care of a licensee to another provider, the licensee shall transfer, with the patient’s written consent, the patient’s records to the new provider upon the request of either the patient or the new provider.

   1. (2) If the patient and licensee agree, the licensee may forward a summary of the patient’s record to the new provider in lieu of transferring the entire record, at no charge to the patient.

4. (d) (1) Patients have the right to obtain a copy of their records from a licensee.

   1. (2) Unless a patient is requesting a copy of their records under subsection (a) or (b) of this section to make or complete an application for a disability benefits program, a patient who requests a copy of their records is subject to 1 or more of the following charges:

      1. a. The reasonable expenses of copying the patient’s records, according to the payment schedule established under paragraph (d)(3) of this section.
      2. b. The actual cost of postage or shipping, if the records are mailed or shipped.
      3. c. Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction.
   2. (3) The Board shall establish a payment schedule for copies of patient records under this section and must review this payment schedule annually.
   3. (4) The licensee or the licensee’s third-party release-of-information service may require payment of all costs allowed under paragraph (d)(2) of this section before providing the copies of the records.

5. (e) This section does not apply to a licensee who has seen or treated a patient on referral from another provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following:

   1. (1) The referring provider.
   2. (2) A hospital or an agency that has provided treatment for the patient.
6. (f) A licensee has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for patient records, unless a faster response is medically necessary.

7. (g) (1) A licensee may permanently dispose of a patient’s record in a manner that ensures confidentiality of the records 7 years after the dates of any the following events:

   1. a. Discontinuing business in this State.
   2. b. The last entry in the patient’s record after terminating the patient relationship or the patient changes from the care of the licensee to another provider.
   3. (2) Seven years after the death of the licensee, the licensee’s personal representative may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.
   4. (3) A licensee, or the personal representative of the licensee who disposes of patient records in accordance with this section is not liable for any direct or indirect loss suffered as a result of disposing of a patient’s records.
8. (h) The Board may find that a licensee who violates this section has committed unprofessional conduct, and any aggrieved patient, or the patient’s personal representative, may bring a civil action for damages or injunctive relief against the licensee.

84 Del. Laws, c. 86, § 3; 85 Del. Laws, c. 317, § 23