Does the “electronic health information” definition’s exclusion of psychotherapy notes apply to notes of sessions conducted by a type of mental health professional other than a psychiatrist?

It depends. To the extent the content of any particular note meets the definition of “psychotherapy notes” in the HIPAA Rules (see 45 CFR 164.501), that note would be considered a psychotherapy note for purposes of information blocking. The information blocking regulations do not specify types of health care providers to be mental health professionals for purposes of applying the “psychotherapy notes” definition under the information blocking regulations. Thus, all notes that are “psychotherapy notes” for purposes of the HIPAA Rules are also “psychotherapy notes” for purposes of the information blocking regulations in 45 CFR part 171, and are therefore excluded from the definition of EHI for purposes of the information blocking regulations.