ARM 37.106.3222. CONFIDENTIALITY OF RECORDS AND INFORMATION

(1) All records maintained by a facility and all personal information made available to a facility pertaining to a resident must be kept confidential and are not available to any person, agency, or organization except as specified in (2) and (3). (2) All records pertaining to a resident are available upon request to: (a) the resident’s parent or legal guardian or attorney absent specific and compelling reasons for refusing such records; (b) a court with continuing jurisdiction over the placement of the resident or any court of competent jurisdiction issuing an order for such records; (c) a resident to whom the records pertain, absent specific and compelling reasons for refusing specific records; or (d) an adult who was formerly the resident in care to whom the records pertain. (3) Records pertaining to residents must be available to the department for the purposes of licensing, relicensing, or investigating a complaint of the facility. (4) Necessary information pertaining to the resident must be disclosed when staff are following mandatory reporting requirements as outlined in this rule and within the scope of an individual's license.