24.189.934 PRIVILEGED INFORMATION AND RECORDS
(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.