Client Records; Employed or Private Practitioner

(1) A Licensed Dietitian/Nutritionist, employed by a medical facility, educational institution, public or private corporation, shall adhere to all applicable federal, state and local laws or regulations pertaining to record keeping by such facilities, institutions or corporations. A Licensed Dietitian/Nutritionist engaged by a facility, institution or corporation as enumerated in 268 CMR 5.04(1) as an independent contractor shall adhere to the record keeping standards enumerated in 268 CMR 5.04(2), (3) and (4). (2) A Licensee engaged in private practice, shall maintain a complete and accurate record for each client which meets the standards ofusualand customary practice and which is adequate to enable the licensee to provide proper care and treatment of the client. Licensee shall maintain a client’s record for a minimum of five years from the date of the client’s last professional encounter with the licensee. (3) Except as otherwise provided by law, a licensee engaged in private practice, shall permit inspection of records maintained for a client by such client or the authorized representative of the client, and upon request, and within a reasonable period of time, shall make a copy of such client’s records available to such client or representative. (4) A Licensee engaged in private practice, may charge a reasonable fee for the expense of providing the client’s records to the client or authorized representative; however, the licensee may not require prior payment of the charges for prior professional services rendered to the client as a condition for making the records available.