Section 325.14117. Discontinuation of substance abuse programs.

(1) The governing authority of a program shall adopt a written policy governing the disposal of client case records.

(2)   A licensed substance abuse program shall, on forms provided by the office, notify the office and coordinating agency not less than 30 days before closure of a program.

(3)   It is the responsibility of the governing authority to ensure  that client records are properly disposed of pursuant to  42   C.F.R.  SS2.1   to 2.67-1, July, 1975.

(4)    All clients who are still in treatment when a program discontinues its operations shall be notified of the date of closing, where they can obtain continued treatment, and how their records can be  transferred  to another program. They shall also be notified of the  procedure   to  be followed if, after the program has closed, the client wants information contained in his or her record or wants the entire record transferred to another agency or person. Client consent forms shall be signed before such transfer of information.

(5)   Programs shall obtain the approval  of   the  pertinent  regulatory agencies, such as the center for substance abuse   services,  the  national institute on drug abuse, the state board of pharmacy, the federal food and drug administration, and the federal drug  enforcement   agency,   before destruction of records.

(6)   The governing authority of the program shall be responsible for destroying client files if arrangements for an appropriate   transfer   of files cannot be made.

History: 1981 AACS.