Have you ever thought about what happens to your records, your clients and your practice when you die? According to the ACA ethics codes, you need to.
ACA ethics code B.6.i states: “Counselors take reasonable precautions to protect client confidentiality in the event of the counselor’s termination of practice, incapacity, or death and appoint a records custodian when identified as appropriate.”
It isn’t enough to simply appoint a custodian. Just as we have a will to dispose of our material goods, we also need a professional directive outlining how to handle our clinical and business affairs.
Rationale for a Professional Directive:
- Client record protection.
Client confidentiality does not end with your death; client information still needs to be protected. - Help your family. Your family members don’t need the added stress of trying to figure out what to do with your clinical records, or anything else related to your practice. They have enough to handle.
- Help your clients. It could be considered client abandonment should your client show up to their appointment only to find a locked door, and no responses to their voicemails.
Here are some suggestions with regard to content based on my research. Since I am not an attorney, you may want to consult one for more specific direction.
Professional Directive Essentials
- Identification of your records custodian. This should be another mental health professional that understands rules about confidentiality. Be sure to ask this person first. You can also offer to return the favor. Once this person is identified, you need to add a clause to your informed consent form that identifies your records custodian as the one handling their information upon your demise.
- Location of client files and how to access them.
- Location of appointment book, including client’s phone numbers, so that clients can be notified.
- Location of any other item that may identify clients, e.g. credit card authorization slips, old emails, etc., so that they can be handled appropriately.
- Access to your phone or answering service so that the custodian can change the outgoing message.
- Physical access to your office so that the custodian can post a sign notifying clients.
- Information about all business accounts, including: bank accounts, websites, advertising (e.g. Psychology Today, Constant Contact, social media), licenses, liability insurance, email, phone, etc.
- Your signature.
Then, rest easy knowing you are prepared!
Yours in the Joy of Knowledge,
Dr. Barb LoFrisco
