Q.

We have always maintained a release of information form, which required a witness to the client's  signature. Recently, we began requiring the same of people and healthcare providers who would request records from us. What we are finding is that many agencies do not require the witness signature. Our concern is that we receive these releases of information by mail and have little, if any, way to confirm that the signature actually belongs to the client.

Is a witness signature required by law on a release of information for mental health records? If it is not required by law, are we allowed to require a witness signature before releasing records?
 

A.

Witness signatures are not required for consents authorizing release of information in accordance with the Health Insurance Portability Act privacy regulations or the federal regulations concerning confidentiality of alcohol and drug abuse treatment records. Your state may have some different regulations, which you should investigate.

You may require witness signatures or an acknowledgment by a notary so long as you do not interfere with the patient's right to reasonable access to the records. If you have some reason to believe that the signature is not genuine it is prudent to require a notary acknowledgment. If there is some type of emergency need for the records, I recommend that you resolve doubt in favor of disclosure.