ARM 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.