1. (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:

   1. (a) the client or patient;
   2. (b) the parent or legal guardian of a minor client or patient; or

   3. (c) a person authorized to consent to the disclosure of the confidential communication by the client or patient in a written document:

      1. (i) that is signed by the client or the patient; and
      2. (ii) in which the client's or the patient's signature is reasonably verifiable.

2. (2) A behavior analyst or behavior specialist is not subject to Subsection (1) if:

   1. (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:

      1. (i) reporting under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult;
      2. (ii) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports;
      3. (iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn; or
      4. (iv) reporting of a communicable disease as required under Section 26B-7-206;
   2. (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
   3. (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