Subpart 1. Right to access and release private information. A client has the right to access and consent to release of private information maintained by the provider, including client records as provided in Minnesota Statutes, sections 144.291 to 144.298, relating to the provider's psychological services to that client, except as otherwise provided by law or court order.
Subp. 2. Release of private information. When a client initiates a request for the release of private information, the provider shall comply with Minnesota Statutes, sections 144.291 to 144.298. However, if the provider initiates the release of private information to a third party, a written authorization for release of information must be obtained that minimally includes:
A. the name of the client;
B. the name of the individual or entity providing the information;
C. the name of the individual or entity to which release is to be made;
D. the specific information to be released;
E. the purpose of the release, such as whether the release is to coordinate professional care with another provider, to obtain insurance payments for services, or for other specified purposes;
F. the time period covered by the release;
G. a statement that the release is valid for one year, except as otherwise allowed by law, or for a period that is specified in the release;
H. a declaration that the individual signing the statement has been told of and understands the nature and purpose of the authorized release;
I. a statement that the release may be rescinded, except to the extent that the release has already been acted upon;
J. the signature of the client or the client's legally authorized representative, whose relationship to the client shall be stated; and
K. the date on which the release is signed.
Subp. 3. Multiple client records. Whenever psychological services are provided to multiple psychotherapy clients, each client has a right to access only that part of the records that includes information provided directly by the client or authorized by the client to be part of the record, unless otherwise directed by law or court order. Upon a request by one client to access or release multiple client records, that part of the records that contains information that has not been provided directly or by authorization of the requesting client shall be redacted unless written authorization to disclose this information has been obtained from the other client. Alternatively, the provider may, at the beginning of the service, obtain written informed consent from the clients stating that each client has the right to access or authorize release of all information that is part of the record.
Subp. 4. Board investigations. The provider shall release to the board and its agents private information that the board and its agents consider to be germane to the investigation of all matters pending before the board that relate to its lawful regulation activities. Redacting identifying information of individuals in the record is not required when providing information to the board as part of a board investigation.
Subpart 1. Prohibition against false or misleading information. Public statements by providers shall not include false or misleading information. False or misleading information means any public statement that contains a material misrepresentation or omission of fact. The provider shall make reasonable efforts to ensure that public statements by others on behalf of the provider are truthful and shall make reasonable remedial efforts to bring a public statement into compliance with this part when the provider becomes aware of a violation.
Subp. 2. Misrepresentation. The provider shall not misrepresent directly or by implication professional qualifications including education, training, experience, competence, credentials, certification by a specialty board, or areas of specialization. The provider shall not misrepresent, directly or by implication, professional affiliations or the purposes and characteristics of institutions and organizations with which the provider is professionally associated.
Subp. 3. Limit on use of degree. An applicant for licensure or a provider licensed by virtue of a master's degree who has a doctorate from an institution that is not accredited by a regional accrediting association or whose doctoral major does not meet the education requirements for licensure shall not use the term Doctor, Ph.D., Psy.D., or Ed.D. with the provider's name in any situation or circumstance involving the practice of psychology.
Subp. 4. Testimonials. Providers shall not solicit or use testimonials by quotation or implication from current clients or from former clients who are vulnerable to undue influence.
Subp. 5. Use of specialty board designations. Providers may represent themselves as having an area of specialization from a specialty board, such as a designation as diplomate or fellow, if the specialty board used at minimum the following criteria to award the designation and the provider minimally meets the following four criteria:
A. specified educational requirements defined by the specialty board;
B. specified experience requirements defined by the specialty board;
C. a work product evaluated by other specialty board members; and
D. an in-person examination by a committee of specialty board members or a comprehensive written examination in the area of specialization.
Subpart 1. Mandatory reporting requirements. The provider shall file a complaint with the board when the provider has reason to believe that another provider:
A. is unable to practice with reasonable skill and safety as a result of a physical or mental illness or condition, including but not limited to substance abuse or dependence, except that this mandated reporting requirement is deemed fulfilled by a report made to the health professionals services program (HPSP) under Minnesota Statutes, section 214.33, subdivision 1;
B. is engaging in or has engaged in sexual behavior with a client or former client in violation of part 7200.4905, subpart 5, unless the information is obtained in the course of treating the other provider for the sexual behavior;
C. has failed to report abuse or neglect of minors or vulnerable adults in violation of part
7200.4700, subpart 11; or
D. has employed fraud or deception in obtaining or renewing a psychology license.
Subp. 2. Communicating complaints to board. A provider who knows or has reason to believe that the conduct of another provider is in violation of the Psychology Practice Act other than conduct listed in subpart 1 may file a complaint with the board.
Subp. 3. Right to file complaint. A provider shall not attempt to induce a client or another individual, either by request or other means, to waive the right to file a complaint with the board.