Btw you can get an online fax number completely free
Which is what makes this even more unacceptable and frustrating. As I said. "Get with the 1970s." Especially if the therapist is part of an organization with several therapists, there's a physical office, even a receptionist and STILL NO FAX?!?!
As TexasPhysician wrote, phone calls are even better but many also don't call me back. Even after I attempted to contact that person several times.
Again, I call it spade-for-spade, but not in a manner to escalate it, but to point out I'm doing my part in the continuity-of-care, and they aren't. E.g. "As of this writing I made 3 phone calls to the therapist at phone number xxx-xxx-xxxx and so far no answer back yet. I notified the patient I made attempts and that I usually give up after 3 tries."
IT's rare but on few occasions the patient got mad at me cause I didn't get the records. I got a rule. I diplomatically tell the patient it's not my fault they didn't send it to me if I made the attempts to contact the other entity. If the patient keeps it up (again it's rare and it's happened), and they really do something inappropriate I terminate the patient. (Rare but it's happened. E.g. Screamed at my assistant calling her and my office "incompetent." Start scream at me. Tell me "that's unacceptable" with a very angry tone of voice and blaming me for all of this but not taking any of this anger at the other provider. (In that case an angry mother called my office over 15x in a day and not once called the lab. It was cause the patient, her son, was on Clozapine and demanded I prescribe it, and the kid never got the labs done, was repeatedly warned of the need to have the labs done, was referred to case management cause I knew the patient would be noncompliant, but they kept saying they got the labs done which they didn't. In reality the mother was trying to bully me not knowing the regulations despite that I already told them this was over my head. I also told them if they didn't get the labs done they needed to go to an ER ASAP. That was the day I said to myself if this ever happens again I'm drawing the line at 3 attempts). This type of thing is rare but it's not 1 in a million. It's more like 1%. So it does happen every few weeks to every few months.
This is IMHO not a legitimate defense but could be used in court. Remember standard of care is usually geographic based. If pretty much almost every therapist isn't using a fax, and there's a bad outcome in the lines of communication the therapist could argue that they were still within the standard of care.
Lame? Yes but legally can be used. I'm sure there's some localities where the frequency of therapists using fax is higher than mine but in St. Louis, from my experience it's about 90% that don't have a fax.
I used to tell students and residents, "I'm the guy that wants to teach you what's not in the textbooks or lectures." This phenomenon of almost no one sending records when requested (not just therapists) is very common in the areas I worked-NJ, OH, KY, MO, PA.
Therapists aren't alone in this phenomenon. I get inpatient records from the patient's hospitalization less than 5% of the time and every patient I've seen who was recently discharged told me they specifically told the hospital to send me the records and all alleged the hospital told them it would be sent out. Again this has been a phenomenon in every place I've worked.