Record Retention and Transfer When Leaving a Clinic: What Ontario RMTs Need to Know

Delta Law
Feb 4
4 min read

When a Registered Massage Therapist (RMT) leaves a clinic or wellness practice, one of the most important and often misunderstood responsibilities involves client records. Managing health records correctly is essential to comply with both the College of Massage Therapists of Ontario (CMTO) and Ontario’s Personal Health Information Protection Act (PHIPA). Mistakes in record transfer, retention, or access can lead to professional misconduct findings, privacy breaches, or client complaints.

The Importance of Proper Record Management

Client records serve as more than documentation of treatment. They are legal and clinical evidence of care, essential for continuity, compliance, and professional protection. Proper record management ensures that clients can continue receiving treatment without interruption and that the RMT can respond to inquiries, audits, or complaints if they arise.

When an RMT leaves a clinic, retires, or starts a private practice, there must be a clear plan for how client records will be stored, accessed, and eventually destroyed. Without that clarity, both the therapist and the clinic risk violating CMTO standards and privacy laws.

Determining Who Owns the Records

Ownership of client records depends on who is considered the Health Information Custodian (HIC) under PHIPA.

If the clinic maintains, stores, and controls client files, the clinic is typically the HIC.
If the RMT operates independently and maintains their own records, the RMT is usually the HIC.

The CMTO requires every RMT to know who the custodian is before beginning practice at a clinic. This ensures accountability and avoids confusion if the RMT later decides to leave. Regardless of ownership, the therapist remains responsible for ensuring that clients can access their information and continue their care.

Record Retention Requirements

The CMTO’s Record Keeping Standard requires that RMTs retain client records for ten years from the date of the last treatment, or ten years after a minor client turns eighteen, whichever is longer.

Records must remain legible, secure, and retrievable for the full retention period, whether they are stored physically or electronically. Even if you are no longer working at the clinic, you must ensure that clients’ records remain accessible through an appropriate custodian.

A written record retention and transfer plan helps demonstrate professionalism and compliance in the event of a complaint or audit.

How to Transfer Records Securely

When leaving a clinic, RMTs must take proactive steps to ensure records are handled responsibly and securely. Best practices include:

Confirm Custodianship in WritingDetermine who will remain the Health Information Custodian. If the clinic will maintain the records, confirm that in writing and ensure clients can still request access.
Create a Written Transfer AgreementSet out how and when records will be transferred, who will hold them, and how client requests will be managed.
Notify Clients About the ChangeCMTO Standard 6.4 (Continuity of Care) requires that clients be informed if their therapist leaves. Clients must know where their records are stored and how to access them.
Maintain Security During TransferRecords must be protected from unauthorized access during transfer. Electronic files should be encrypted or password protected, and paper records should be stored securely.
Keep Documentation of the ProcessMaintain written proof of the transfer, including dates, the receiving custodian, and the method used. This ensures you can demonstrate compliance if questioned by the CMTO or privacy regulators.

When a Clinic Refuses Access or Transfer

Disputes sometimes occur when a clinic refuses to provide client information or denies transfer of records. Clients have a legal right to access their own health information under PHIPA, regardless of who the custodian is.

If the clinic refuses to contact clients or provide access, the RMT may contact clients directly to ensure continuity of care. Any communication should remain factual and professional, limited to informing clients where their records are stored and how they can obtain them.

If the situation cannot be resolved, the RMT can seek legal advice or contact the CMTO’s Practice Advisor for guidance. Keeping detailed records of communications helps demonstrate that you acted in good faith.

Managing Electronic Records and Cloud Storage

Many RMTs now use electronic systems or cloud-based software for recordkeeping. These tools are efficient but require careful handling to comply with PHIPA.

Choose platforms that store data securely and preferably on Canadian servers.

Ensure all records are backed up and that clients can access their information even after you leave the clinic. Avoid storing health information on personal laptops, phones, or external drives that are not encrypted.

Planning for Closure or Retirement

If you plan to close your practice or retire, CMTO requires that you:

Notify clients of your closure and explain how they can access their records.
Arrange for records to be maintained by another regulated professional or organization if you cannot hold them yourself.
Store all records securely for the full retention period.

Failing to manage records properly at closure can lead to professional discipline or client harm. Early planning prevents confusion and ensures compliance.