Confidentiality -- Exemptions.

1. Law
2. Utah Code
3. Occupations and Professions
4. Psychologist Licensing Act
5. Behavior Analyst Licensing Act
6. Confidentiality -- Exemptions.

Affected by 63I-1-258 on 7/1/2026

Effective 5/5/2021
58-61-713. Confidentiality -- Exemptions.

• (1) A behavior analyst or behavior specialist under this chapter may not disclose any confidential communication with a client or patient without the express written consent of:
  • (a) the client or patient;
  • (b) the parent or legal guardian of a minor client or patient; or
  • (c) a person authorized to consent to the disclosure of the confidential communication by the client or patient in a written document:
    • (i) that is signed by the client or the patient; and
    • (ii) in which the client's or the patient's signature is reasonably verifiable.

• (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.

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