Rule 111-8-2-.17. Record Maintenance and Confidentiality Requirements

1. (1) ARMHPs must maintain all records of any individual seeking treatment at the program for the required duration applicable to the types of records set forth in applicable law and regulation. In the absence of such laws and regulations, the program must maintain such records for a minimum of ten (10) years following the discharge of the client from the program.
2. (2) The records and name of any individual who seeks or obtains treatment, therapeutic advice, or counsel from any ARMHP shall be confidential and shall not be revealed except to the extent authorized in writing by the individual or the individual's guardian or custodian, to the extent required by applicable law, court order, and as necessary for the department to conduct its regulatory oversight functions; furthermore, any communication by such client to a staff member of a program shall be deemed confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such individual and information about such individual shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hearing and in response to a Departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of client identifying information will be made. The protections in this Rule and other provisions of state or federal law or regulation of any client's identity or communications to the staff of any ARMHP shall not prohibit the use of de-identified data relating to such clients for clinical or programmatic research or education or in presentations about the programs offered by a licensee under these Rules. Subject to and in compliance with the limitations of any state or federal privacy laws or regulations, the department may require at reasonable intervals, and each licensee shall furnish, copies of summary records of each individual treated or advised pursuant to a program.

Authority: O.C.G.A. §§ 37-3-204, 37-3-205, 37-3-212, 31-2-4, 31-2-7, 31-2-8, 31-7-2.1.

History. Original Rule entitled "Record Maintenance and Confidentiality Requirements" adopted. F. Dec. 10, 2024; eff. Dec. 30, 2024.