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
Login to the Licensee Portal and select the Custodian of Record menu item. Click here for information on the Board's new licensing system.
Custodian of Record Form
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.
Q4: I am not practicing and do not have any client records. Do I need to submit a custodian of record form?
A: Yes; please submit the form and write on it that you are not practicing and have no client records.
Q5: I am practicing out of the country. Do I need to identify a custodian of record in this country?
A: No; as long as you do not have client records in Oregon 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?
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; please submit the form and write on it that you are not practicing and have no client records.
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 OAR specifies Oregon licensure.
Q13: May I designate a registered associate, even though he or she is not licensed?
A: Yes.
Q14: I provide counseling for my church. May the church be the custodian of those records?
A: No.
Q15: This requirement does not seem to fit my situation; what should I do?
A: Call or write the Board's office to discuss what to do.