(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.
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