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(1) Regarding privileged information and records, the licensee:

(a) shall not reproduce or describe behavior analysis tests or assessment procedures in popular publications, lectures, or public presentations in ways that might invalidate them;

(b) shall, in rendering professional services to an individual client, or services billed to a third-party payer, maintain professional records that include:

(i) the presenting problem(s) or purpose of diagnosis;

(ii) the fee arrangement;

(iii) the date and substance of each billed contact or service;

(iv) any test results or other evaluative results obtained and any basic test data from which they were derived;

(v) notation and results of formal consults with other providers; and

(vi) a copy of all test or other evaluative reports prepared as part of the defined professional relationship;

(c) shall administer, store, and dispose of written, electronic, and other records in such a manner as to ensure their confidentiality;

(d) shall not withhold records under their control that are requested and imminently needed for a client's treatment solely because payment has not been received, except as otherwise provided by law;

(e) shall continue to treat as confidential information regarding a client after the defined professional relationship between the behavior analyst and the client has ceased.

(2) Licensees shall maintain and not destroy client records:

(a) for a period of seven years after the client reaches the age of 18, for clients who are minors; and

(b) for a period of seven years after the last professional client contact, including a release of records, for clients who are adults.


History: 37-1-131, 37-1-319, 37-17-406, MCA; IMP, 37-1-131, 37-1-316, 37-17-402, 37-17-406, MCA; NEW, 2017 MAR p. 1656, Eff. 9/23/17.

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