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This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.201.720    CONFIDENTIALITY

(1) A licensee, permit holder, or practice privilege holder has an obligation to maintain the confidentiality of information obtained in the performance of all professional activities. Maintaining such confidentiality is vital to the proper performance of the licensee's, permit holder's, or practice privilege holder's professional activities. A licensee, permit holder, or practice privilege holder shall not use or disclose, or permit others within the licensee's, permit holder's, or practice privilege holder's control to use or disclose any confidential client or employer information without the consent of the client or employer. This obligation of confidentiality continues after the termination of the relationship between the licensee, permit holder, or practice privilege holder and the client or employer and extends to information obtained by the licensee, permit holder, or practice privilege holder in professional relationships with prospective clients and employers.

(a) This rule must not be construed to prohibit a licensee, permit holder, or practice privilege holder from disclosing information as required to meet professional, regulatory, or other legal obligations.

(2) Members of the board and professional practice reviewers shall not disclose any confidential client information which comes to their attention from firms, permit holders, or practice privilege holders in disciplinary proceedings or otherwise in carrying out their responsibilities, except that they may furnish such information to an investigative or disciplinary body requiring compliance with state law.

History: 37-1-131, 37-50-203, MCA; IMP, 37-1-131, 37-50-203, 37-50-325, MCA; NEW, 1980 MAR p. 2971, Eff. 11/29/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1986 MAR p. 1500, Eff. 9/12/86; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10.

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