Therapy: Rules & Regulations.
A major goal of the Privacy Rule is to assure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public's health and well being. The Rule strikes a balance that permits important uses of information, while protecting the privacy of people who seek care and healing. Given that the health care marketplace is diverse, the Rule is designed to be flexible and comprehensive to cover the variety of uses and disclosures that need to be addressed.
GA Code of Reporting of Abuse on Disabled and Elderly
O.C.G.A. 30-5-4 (2010)
30-5-4. Reporting of need for protective services; manner and contents of report; immunity from civil or criminal liability
(a)(1)(A) Any physician, osteopath, intern, resident, other hospital or medical personnel, dentist, psychologist, chiropractor, podiatrist, pharmacist, physical therapist, occupational therapist, licensed professional counselor, nursing personnel, social work personnel, day-care personnel, coroner, medical examiner, employee of a public or private agency engaged in professional health related services to elder persons or disabled adults, or law enforcement personnel having reasonable cause to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such disabled adult or elder person, other than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section.
GA Code for Mandated Reporting of Child Abuse
Reporting of child abuse; when mandated or authorized;
content of report; to whom made; immunity from liability; report based upon privileged
communication; penalty for failure to report.
(a) The purpose of this Code section is to provide for the protection of children whose health and
welfare are adversely affected and further threatened by the conduct of those responsible for their care
and protection. It is intended that the mandatory reporting of such cases will cause the protective
services of the state to be brought to bear on the situation in an effort to prevent further abuses, to
protect and enhance the welfare of these children, and to preserve family life wherever possible. This
Code section shall be liberally construed so as to carry out the purposes thereof.
(b) As used in this Code section, the term:
(1) (For effective date, see note.) "Abortion" shall have the same meaning as set forth in Code
(2) "Abused" means subjected to child abuse.
(3) "Child" means any person under 18 years of age.
(4) "Child abuse" means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than
accidental means; provided, however, that physical forms of discipline may be used as long as there is
no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof;
(C) Sexual abuse of a child; or
(D) Sexual exploitation of a child
Rules Concerning Patient Records
It is Board rule 510-5-.04 Maintenance and Retention of Records, and reads as follows:
(1) Records include information that may be used to document the nature, delivery, progress, and results of psychological services. The psychologist who renders professional services shall maintain records that include the following:
(a) Records of psychological services include:
1. identifying data (e.g., name, client ID number);
2. contact information (e.g., phone number, address, emergency contact);
3. fees and billing information;
4. where appropriate, guardianship or conservatorship status;
5. documentation of informed consent or assent for treatment (Ethics Code 3.10);
6. documentation of waivers of confidentiality and authorization or consent for release of information (Ethics Code 4.05);
7. documentation of any mandated disclosure of confidential information (e.g., report of child abuse, release secondary to a court order);
8. complaint, diagnosis, or basis for request for services;
9. plan for services, updated as appropriate (e.g., treatment plan, supervision plan, intervention schedule, community interventions, consultation contracts);
10. relevant health and developmental history;
11. date of service and duration of session;
12. types of services (e.g., consultation, assessment, treatment, training);
13. nature of professional intervention or contact (e.g., type of treatment, referral, letters, e-mail, phone contacts);
14. formal or informal assessment of client status.
(2) Psychologists are aware of relevant federal state and local laws and regulations governing records. Laws and regulations supersede requirement of these rules. In the absence of such laws and regulations, complete records are maintained for a minimum of seven years after the last date of service delivery for adults. If the client is a minor, the record period is extended until three years after the age of majority.
(3) The psychologist shall store and dispose of written, electronic, and other records of patients and clients in such a manner as to ensure their confidentiality.” See section 510-5-.04.