A. A professional licensing board shall keep confidential all records of any mental health diagnosis, counseling, or treatment of a licensee retained by the licensing board. Such records may only be released: 1. To the licensee who is the subject of the records; 2. To an authorized representative of the licensing board that holds the records for the purpose of evaluating the fitness of the licensee to engage in the practice of the licensed profession; 3. Upon a court order; or 4. In case of emergency if the licensee poses a danger to himself or herself or others. B. Upon request of the licensee, any mental health records retained by the licensing board shall be destroyed when the licensee retires or resigns from the licensed profession or in accordance with the laws of this state for archiving records, whichever is earlier.
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