Our clinic has experienced a recent situation that has us a bit puzzled and I am wondering if you can help shed some light on the matter.

We had a psychologist previously employed with us who left for another clinic and is now no longer registered as a psychologist. In the event that a lawyer is requesting her files, I understand it is best to reach out to her and get consent as to how to proceed. Is this still the case even though she is no longer registered? Or, would it be the person she identified as the custodian of her files that would now handle this request? Also, what if we were never made aware that she is no longer registered and could not reach her. Would we then assume responsibility for the file and proceed with the request?

As per PHIA legislation, the operator of the organization / organization is considered the custodian:(i) a regulated health professional or a person who operates a group practice of regulated health professionals….

Consequently in a group practice, where psychologists are employees, not an owner or operator of the practice, the organization would generally be seen as the custodian to handle matters that arise with access to files once the employee departs.

While you could reach out to the psychologist (or former registrant) as a courtesy to let them know there has been a request, they would not be in any role to approve any aspect of work done / engagement with the file since they are no longer an employee and the organization is the custodian and owns the files.