1. 1. Provide treatment to a client only in the context of a professional relationship based on informed consent for treatment;

2. 2. Document in writing, including by electronic means, for each client the following elements of informed consent for treatment:

   1. a. Purpose of treatment;
   2. b. General procedures to be used in treatment, including benefits, limitations, and potential risks;
   3. c. The client’s right to have the client’s records and all information regarding the client kept confidential and an explanation of the limitations on confidentiality;
   4. d. Notification of the licensee’s supervision or involvement with a treatment team of professionals;
   5. e. Methods for the client to obtain the client’s records or information about the client’s records;
   6. f. The client’s right to participate in treatment decisions and in the development and periodic review and revision of the client’s treatment plan;
   7. g. The client’s right to refuse any recommended treatment or to withdraw consent to treatment and to be advised of the consequences and risks of refusal or withdrawal;
   8. h. The client’s right to be informed of all fees that the client is required to pay and the licensee’s refund and collection policies and procedures;
   9. i. Beginning January 1, 2027, notification of the extent, if any, to which clinical services are provided through, recorded or documented with, or involve the use of artificial intelligence, machine learning, deep learning, or any other human simulation modality; and
   10. j. Beginning January 1, 2027, a description of the professional nature of the therapeutic relationship.
3. 3. Obtain a dated and signed written informed consent for treatment from a client or the client’s legal representative before providing treatment to the client and when a change occurs in an element listed in subsection (2) that might affect the client’s consent for treatment;
4. 4. Obtain a dated and signed written informed consent for treatment from a client or the client’s legal representative before audio or video taping the client or permitting a third party to observe treatment provided to the client;

5. 5. If treatment of a client is by telehealth, the informed consent for treatment required under subsections (3) and (4) may be:

   1. a. Obtained verbally, and
   2. b. Contemporaneously documented in the client’s record.

A licensee shall:

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by final exempt rulemaking pursuant to Laws 2015, Chapter 154, § 10, at 21 A.A.R. 2630, effective November 1, 2015 (Supp. 15-4). Amended by final rulemaking at 24 A.A.R. 3369, effective January 12, 2019 (Supp. 18-4). Amended by final rulemaking at 26 A.A.R. 2881, effective January 3, 2021 (Supp. 20-4). Amended by final rulemaking at 31 A.A.R. 3032 (September 26, 2025), effective November 2, 2025 (Supp. 25-3).