> 1. A psychologist called and is wondering on what the legal/ethicaln> practice is regarding if she were to leave a company practice forn> another practice. She understands that the contract covers ifn> she is unable to come to work then someone would take over.
> However, she is wondering about when a client wants to stay with H.
>n> She has these questions:>n> * Who owns the filenThe practice.
> * Who owns the client (as in, can the client follow her if theyn> want and if the do.
Typically the clients and their files belong to the practice. The associate should discuss with the practice what to do if a client requests to follow the associate. IF the practice is okay with it (the practice does not have a non-compete clause or similar restriction on associates who leave and/or the practice is okay with clients following the associate), clients could choose to follow the associate, or the practice could choose to make another psychologist available in the practice to continue working with the client.
Does she have to create a new file.
If a client was able to follow the associate, then the associate would start a new file in the new practice. This would require a new consent form with the new practice. As part of that consent process, the client could be advised that they could request a copy of the file be transferred from the old practice to the new practice. The old practice would be able to charge a fee to the client, though it would not be mandatory to do so. The Personal Health Information Act (PHIA) has regulations which outline acceptable fees.
> * What obligation does the company have if they own the file to ensuren> that she completes all necessary paper worknAs noted the practice owns the files. The practice’s obligations are more for the practice to address than the associate to advise the practice what NSRP says. I am not sure what paperwork is being referred to here? However, I would say that the practice would want to ensure that active clients are notified that the associate is leaving and there is an option for active clients to continue receiving services if desired.
> * What is her obligation in this situation.
The associate should discuss an exit plan with the practice. This would include ensuring that active clients are notified that the associate is leaving either notified by the associate or by the practice (but again, that is why the associate should be discussing this matter with the practice). If care/service is not complete with the clients before the associate leaves, the associate should ensure that there is either someone else who can take on the client in the practice, or there is another option for them to keep receiving services if desired.
