(1) Each occupational therapist and occupational therapy assistant responsible for client medical records shall develop a written plan to ensure the security of client medical records. The plan must address at least the following: (a) The storage and proper disposal of client medical records; (b) The disposition of client medical records if the licensee dies, retires, or otherwise ceases to practice or provide occupational therapy services to clients; and (c) The method by which clients may access or obtain their medical records promptly if any of the events described in subsection (1)(b) of this section occur. (2) A licensee shall inform each client in writing of the method by which the client may access or obtain the client's medical records if an event described in subsection (1)(b) of this section occurs. (3) Upon initial licensure under this article 270 and upon renewal of a license, the applicant or licensee shall attest to the director that the licensee has developed a plan in compliance with this section. (4) A licensee who fails to comply with this section is subject to discipline in accordance with section 12-270-114. (5) The director may adopt rules reasonably necessary to implement this section.
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