(1) A behavior analyst or behavior specialist under this chapter may not disclose any confidential communication with a client or patient without the express consent of: (a) the client or patient; (b) the parent or legal guardian of a minor client or patient; or (c) the authorized agent of a client or patient.
(a) the client or patient;
(b) the parent or legal guardian of a minor client or patient; or
(c) the authorized agent of a client or patient.
(2) A behavior analyst or behavior specialist is not subject to Subsection (1) if: (a) the behavior analyst or behavior specialist is permitted or required by state or federal law, rule, regulation, or order to report or disclose any confidential communication, including: (i) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a Vulnerable Adult; (ii) reporting under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements; (iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn; or (iv) reporting of a communicable disease as required under Section 26-6-6; (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made under an exemption from evidentiary privilege under Utah Rules of Evidence, Rule 506; or (c) the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.
(a) the behavior analyst or behavior specialist is permitted or required by state or federal law, rule, regulation, or order to report or disclose any confidential communication, including: (i) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a Vulnerable Adult; (ii) reporting under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements; (iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn; or (iv) reporting of a communicable disease as required under Section 26-6-6;
(i) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a Vulnerable Adult;
(ii) reporting under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements;
(iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn; or
(iv) reporting of a communicable disease as required under Section 26-6-6;
(b) the disclosure is part of an administrative, civil, or criminal proceeding and is made under an exemption from evidentiary privilege under Utah Rules of Evidence, Rule 506; or
(c) the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.