Ariz. Admin. Code § 4-26-412

Current through Register Vol. 30, No. 50, December 13, 2024

Section R4-26-412 - Client Records

A. A licensee shall not condition release of a client's record on payment for services by the client or a third party.

B. A licensee shall release a client's raw test data to another licensed behavior analyst only after obtaining the client's informed, written consent to the release. Without a client's informed, written consent, a licensee shall release the client's raw test data only to the extent required by law or under court order compelling production.

C. A licensee shall retain all client records under the licensee's control for at least six years from the date of the last client activity. If a client is a minor, the licensee shall retain the client's record for at least three years past the client's 18th birthday or six years from the date of the last client activity, whichever is longer.

D. Audio or video tapes created primarily for training or supervisory purposes are exempt from the requirement of subsection (C).

E. A licensee who is notified by the Board or municipal, state, or federal officials of an investigation or pending case shall retain all records relating to the investigation or case until the licensee receives written notice that the investigation is complete or the case is closed.

F. A licensee may retain client records in electronic form. The licensee shall ensure that client records in electronic form are stored securely and a backup copy is maintained.

G. The provisions of this Section apply to all licensees including those on inactive status.

Ariz. Admin. Code § R4-26-412

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).