Under the final privacy rule, known as the Health Information Portability and Accountability Act (HIPAA), psychotherapy notes are defined as an official record created for use by the mental health professional in "documenting or analyzing the contents of conversation during a private counseling session ... separated from the rest of the individual's medical record."
The regulations define psychotherapy notes as "notes recorded by a healthcare provider who is a mental health provider documenting or analyzing the contents of conversation during a private counseling session that are separated from the rest of the individual's medical record."
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