Records Access In Cases of Death, Disability, or Disaster

This policy has been established to define the responsibilities and procedures for enabling secure, authorized access to client records maintained in the TherapyAppointment platform in the event of practitioner death or incapacitation.

Scope

This policy applies to all therapist customers that utilize the TherapyAppointment software and to all client records maintained within it.

Practitioner Responsibility for Record Continuity

TherapyAppointment encourages each practice/customer to establish and document a succession or contingency plan, often referred to as a “professional will”, to help ensure continuity of care and record stewardship in the event of their death or incapacitation. This plan should designate a legally authorized records custodian.

Authorization Documentation

In the event of a practitioner’s death or incapacitation, TherapyAppointment will only grant access to a practitioner’s client records upon receipt of valid legal documentation demonstrating the requester’s authority to act as the records custodian. Acceptable documentation may include, but is not limited to: 

• Letters of administration or testamentary from probate court
• Durable power of attorney (if applicable and not expired)
• Court order or other legal directive establishing custodianship

Notification and Request Process

The designated records custodian must notify TherapyAppointment as soon as possible following the practitioner’s death or incapacitation. Requests for access must be submitted in writing, accompanied by the required legal documentation. 

Access Provisioning and Duration

Upon verification,  TherapyAppointment will grant temporary access to the records custodian for the purpose of exporting client records or transitioning to a new provider. This access will be time-limited, and the termination date will be communicated in writing at the time access is granted. Access may be revoked at any time if misuse or legal dispute arises. 

TherapyAppointment Responsibilities

TherapyAppointment does not assume responsibility for client notification or continuity of care. Its role is limited to verifying legal authority and provisioning system access to facilitate lawful records transition. 

• We recommend having a copy of the practice will in a readily accessible area to those that may need access
• In the case of this unfortunate event, the records custodian can simply reach out to us (support@therapyappointment.com) with the practice will documentation, and we can begin the process.