Overview
OAR 833-075-0080 mandates that all licensees (LPCs and LMFTs) and registered associates must notify the Board of a "custodian of record" who will take care of client files and referrals in the case of death or incapacity of the licensee/registered associate. The custodian must be:
- An Oregon licensed mental health professional;
- An Oregon licensed medical professional;
- A health care or mental health organization that the licensee/registered associate is employed by;
- An attorney;
- A school; or
- A medical records company.
Update your Custodian of Record
Custodian of Record Form
- To update your custodian of record, login to the Licensee Portal and select the Custodian of Record left-side menu item. (Click here for portal information)
- If your custodian is a licensed health or mental health care individual or an attorney, you may load your completed form via the portal.
- For all other custodian types, please submit your form via regular mail, email, or fax. See form.
- If you are not practicing and have no Oregon client records, you should select this option, and include your own contact information in the name and address fields in the portal.
Q & A
Q1: May the custodian of record requirement be waived for licensees and registered associates working for a state agency?
A: No- submit the form listing the state agency and contact information.
Q2: Do you have a list of duties of a custodian of record?
A: We do not have a list. The purpose of having a custodian is so that if you are no longer available, clients have someone to ask about their records and possibly referrals to other counselors or therapists.
Q3: I have worked for two organizations. Should I submit two custodians?
A: Yes, submit two forms- unless your custodian is the same person or records company.
Q4: I am not practicing and do not have any client records. Do I need to submit a custodian of record form?
A: Yes- complete the form, select the "I am not practicing and have no Oregon clients" option, sign, and submit.
Q5: I am practicing but my clients are outside of Oregon. Do I need to identify a custodian?
A: No- as long as you do not have Oregon client records from the last 7 years.
Q6: What if my custodian of record has changed?
A: You must notify the Board immediately by submitting a new form.
Q7: My spouse is an LPC; may I designate her as the custodian?
A: Yes, since she is licensed.
Q8: I am licensed and in an academic setting not seeing clients. Do I need to respond in some way to indicate that?
A: Yes- complete the form, select the "I am not practicing and have no Oregon clients" option, sign, and submit.
Q9: Is the Custodian of Record’s signature necessary?
A: Not required, but may be helpful for you and assures us that the custodian knows you have named them as such.
Q10: Do I need to submit a custodian of record for my registered associate practice clients?
A: Yes.
Q11: In order to maintain confidentiality, the custodian will have access to my records, so do I need an additional release of information?
A: You should work that out with the custodian and make sure that your clients know that someone else may access their records.
Q12: May I designate someone who is licensed in another state, but not Oregon?
A: No- the individual must be Oregon licensed.
Q13: May I designate a registered associate, even though they are not licensed?
A: Yes.
Q14: I provide counseling for my church. May the church be the custodian of those records?
A: No.