Section R4-6-1105. Confidentiality

A.      A licensee shall release or disclose client records or any infor- mation regarding a client only:

1.        In accordance with applicable federal or state law that authorizes release or disclosure; or

2.        With written authorization from the client or the client’s legal representative.

B.       A licensee shall ensure that written authorization for release of client records or any information regarding a client is obtained before a client record or any information regarding a client is released or disclosed unless otherwise allowed by state or fed- eral law.

C.      Written authorization includes:

1.        The name of the person disclosing the client record or information;

2.        The purpose of the disclosure;

3.        The individual, agency, or entity requesting or receiving the record or information;

4.        A description of the client record or information to be released or disclosed;

5.        A statement indicating authorization and understanding that authorization may be revoked at any time;

6.        The date or circumstance when the authorization expires, not to exceed 12 months;

7.        The date the authorization was signed; and

8.        The dated signature of the client or the client’s legal rep- resentative.

D.      A licensee shall ensure that any written authorization to release a client record or any information regarding a client is maintained in the client record.

E.       If a licensee provides behavioral health services to multiple members of a family, each legally competent, participating family member shall independently provide written authoriza- tion to release client records regarding the family member. Without authorization from a family member, the licensee shall not disclose the family member’s client record or any information obtained from the family member.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by final exempt rulemaking pursuant to Laws 2015, Chapter 154, § 10, at 21 A.A.R. 2630, effective November 1,

2015 (Supp. 15-4).