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

2. (b) (1) The custodian of patient records appointed under subsection (a) of this section shall notify the licensee’s patients of record of the custodian’s appointment by doing all of the following:

   1. a. Publishing notice 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.
   2. b. Sending, by first-class mail, notice to all patients of record who have not requested their records within 30 days after publication of the notice published under paragraph (b)(1)a. of this section.

   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.
3. (c) Seven years after being appointed, the custodian may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.
4. (d) A custodian who disposes of patient records under subsection (c) of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.

84 Del. Laws, c. 86, § 3; 85 Del. Laws, c. 317, § 24