Section 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 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult;(ii) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports;(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 26B-7-206;(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.Amended by Chapter 329, 2023 General Session ,§ 31, eff. 5/3/2023.Amended by Chapter 335, 2022 General Session ,§ 33, eff. 9/1/2022.Amended by Chapter 283, 2021 General Session ,§ 3, eff. 5/5/2021.Added by Chapter 367, 2015 General Session ,§ 15, eff. 7/1/2015. Affected by 63I-1-258 on 7/1/2026