Ariz. Admin. Code § 4-6-1105

Current through Register Vol. 30, No. 45, November 8, 2024

Section R4-6-1105 - Confidentiality

A. A licensee shall release or disclose client records or any information 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 federal 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 representative.

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 authorization 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.

Ariz. Admin. Code § R4-6-1105

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by exempt rulemaking at 21 A.A.R. 2630, effective 11/1/2015.