I also have another issue. I have been working as a private practice psychologist in a medical clinic for almost four years. I am moving to a new psychology-only practice but the doctor at my current practice says I cannot take any existing clients with me as it is a “collaborative clinic” and all client notes are the property of the clinic. If I work with any of these individuals at my new practice the clinic would not have access to those notes. I am struggling with this as many of my clients want to continue with me and they have a right to continual care. Any advice on this one would be much appreciated.

To answer your question, under PHIA legislation, when the psychologist is an employee, the custodian is seen as either the person responsible for running the group practice or the employer, and generally not the employee.

Therefore, for the clients that are continuing with you, you could have a signed consent form authorizing transfer of a copy of the file, provided you discuss this approach with the custodian.

Some practices/organizations have put in written policies and practices around clients and their records in the event that a psychologist leaves the practice.

In any event, it is always helpful for the associate to discuss their transition with the existing practice to ensure a smooth transition. And, if clients are following the associate to their new practice, it’s important to have a signed consent form authorizing any copies of files that are being transferred or copied to the practice of the associate.