Mich. Admin. Code R. 338.9004 - Disclosure of information divulged during polygraph examination; written report required upon request; disclosure of professional opinion

Rule 4.

(1) A person who monitors an examination shall not disclose to any person, except the person requesting the examination, any information divulged by the examinee during a polygraph examination without first obtaining specific written consent from the examinee, unless otherwise required to do so by law.

(2) An examiner shall, upon the written request of the examinee or the person requesting the examination, prepare a written report of the examination, which shall contain all of the following:

(a) A statement of the objectives of the polygraph examination.

(b) The number of questions asked and the number of tests conducted during the examination which were relevant to the issues that the examinee agreed to be examined upon.

(c) The examiner's opinion as to the truthfulness or deception of the examinee, or the examiner's statement that he or she was not able to reach a conclusion about the examinee's truthfulness or deception.

(3) Upon the examinee's written request, the examiner shall furnish the examinee a written report of the examination. The report shall include the information indicated in subrule (2) of this rule.

(4) An examiner, an employee of an examiner, or other persons shall not divulge any information revealed by an examinee during an examination in explaining or responding to control questions introduced for diagnostic comparison purposes without first obtaining the written consent of the examinee. However, this shall not be construed as prohibiting lawful disclosure or use of any information concerning additional admissions or explanations volunteered by the examinee during the examination where such admissions or explanations are not responsive to control questions.

Notes

Mich. Admin. Code R. 338.9004

1983 AACS; 2014 AACS