Records Request
The Missouri State University Counseling Center maintains clinical records to support the delivery of mental health services and to document the care provided to students. Requests for copies of clinical records are generally processed through the Custodian of Records using the Records Request process. Current clients may be eligible for an alternative process, as described in the Current Clients section below.
FERPA and HIPAA
As a department within Missouri State University, the Counseling Center is governed by the Family Educational Rights and Privacy Act (FERPA). FERPA is a federal law that protects the privacy of student education records and outlines students' rights regarding access to those records.
Although Counseling Center records are maintained under FERPA rather than the Health Insurance Portability and Accountability Act (HIPAA), the Counseling Center follows HIPAA privacy and security standards as a matter of professional best practice whenever possible. HIPAA establishes national standards for safeguarding protected health information (PHI), emphasizing confidentiality, privacy, and the secure handling of sensitive health information. By adhering to HIPAA-informed practices in addition to FERPA requirements, the Counseling Center seeks to provide the highest level of protection for students' confidential mental health information.
For additional information regarding University procedures governing access to health information, please refer to OP10.04-5: Patient Access to Health Information, available at Patient Access to Health Info
Requests for Clinical Records
Students and former students may request copies of their Counseling Center clinical records by submitting a Records Request form. Requests are reviewed in accordance with applicable federal and state laws, professional ethical standards, and Counseling Center policies. Identity verification may be required before records are released.
The Counseling Center maintains clinical documentation to support assessment, treatment planning, continuity of care, and coordination of services. The clinical record may include intake documentation, assessments, treatment plans, progress notes, correspondence, treatment summaries, and other documentation necessary to record the provision of clinical services and support ongoing care.
Consistent with professional counseling ethics and applicable law, the Counseling Center exercises clinical judgment when responding to requests for records. In evaluating requests, clinicians consider ethical responsibilities, legal requirements, and the professional obligation to act in the best interests of the client. This includes the foundational ethical principle of nonmaleficence ("do no harm"), which is shared across the mental health professions and requires clinicians to take reasonable steps to avoid actions that could reasonably result in harm to a client or others.
When appropriate, the Counseling Center may recommend an alternative method of sharing information, such as providing a clinical treatment summary, discussing the record with the client, or coordinating directly with another treating provider. These determinations are made on an individual basis with the goal of balancing a student's right to access information with the responsibility to protect the student's well-being, preserve the integrity of the therapeutic relationship, and support continuity of care.
Current Clients
Individuals who are currently enrolled in classes at Missouri State University and who have received Counseling Center services within the current academic year are considered current clients and are encouraged to contact their treating clinician directly if they have questions about their clinical record or wish to discuss obtaining documentation. In many cases, the clinician can help determine the most appropriate type of documentation based on the student's needs and intended use. Depending on the nature of the request, current clients may not be required to complete a separate Records Request form. In certain circumstances, a current Authorization for Release of Information on file with the Counseling Center may be sufficient to facilitate the release of appropriate clinical documentation. Counseling Center staff or the treating clinician can assist in determining the appropriate process based on the specific request. In the event that circumstances prevent an individual from discussing the matter with their treating clinician, they are encouraged to contact the Counseling Center Director directly for guidance and assistance with the records request process.
Individuals who do not meet the definition of current client, including former students and individuals who are no longer receiving services, are required to submit a Records Request through the Custodian of Records before clinical records or documentation can be released.
Record Retention
In accordance with applicable legal requirements and the University's records retention policies, the Counseling Center maintains clinical records for seven (7) years following a client's last date of service with the Counseling Center. After the applicable retention period has expired, records are securely destroyed in accordance with established confidentiality and records management procedures. Requests for records received after the retention period cannot be fulfilled if the records have been lawfully destroyed.
Processing of Requests
The Counseling Center strives to process records requests in a timely manner. Standard processing time is 7–10 business days from the date the Counseling Center receives the completed records request from the Custodian of Records. Additional time may be necessary for complex requests or requests requiring clinical review. Individuals will be notified if circumstances require additional processing time.
Questions regarding records requests may be directed to the Counseling Center, where staff can assist individuals in understanding the records request process and the types of documentation available.