Section 68.14. Release of records to clients.

  Upon written request of a client, information in the client's case record shall be released to the client, or, upon the written request of the client, to his or her designated representative.

(1)  The client or the designated representative shall present valid identification or be identified by a vocational rehabilitation employe before information is released.

(2)  If the client's vocational rehabilitation counselor determines that direct disclosure of the client's medical or psychological information may be very detrimental to the mental or physical health of the client or, in the absence of the client's counselor, if the office administrator determines that such disclosure would be very detrimental to the mental or physical health of the client, or if the office administrator does not believe himself or herself qualified to make such a determination, then the information will be released to the designated representative of the client, or released directly to the client by a physician, or by a licensed or certified psychologist.

(3)  The client may appeal the determination concerning the release of medical or psychological information to a person who is designated by the director of the bureau of client services to hear appeals. The appeal commences when the client submits a written request for reconsideration. The counselor or office administrator shall, within 10 working days, submit to the client and the person designated to hear appeals, written reasons for the initial determination. These reasons shall include a summary of the nature of the information contained in the case record and the reasons why direct release of the information to the client would be very detrimental to his or her mental or physical health. The client shall be provided an opportunity to rebut the reasons in writing or in person. The person designated to hear appeals shall decide not to grant access to the client only if the counselor or district administrator overcomes a strong presumption in favor of direct access by a client to his or her case records. The person designated to hear appeals shall make a decision within 20 working days of the commencement of the appeal and his or her decision is final.

History: Cr. Register, June, 1976, No. 246 , eff. 7-1-76; renum. from DVR 1.14, Register, April, 1982, No. 316 , eff. 5-1-82; correction in (2) made under s. 13.93 (2m) (b) 5., Stats., Register, May, 1994, No. 461 .

Note

See ch. DWD 75 for appeal procedure. Microsoft Windows NT 6.1.7601 Service Pack 1