R4-6-1105. Release of Confidential Information

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. 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. C. 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. D. 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 unless otherwise allowed by state or federal law.