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Custodian of Record


OAR 833-075-0080 mandates that all licensees (LPCs and LMFTs) and registered interns 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/intern.  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/intern is employed by;
  • An attorney;
  • A school; or
  • A medical records company.


Custodian of Record Form

Q & A

Q1: May the custodian of record requirement be waived for licensees and interns 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 internship 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 an intern, 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. 

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