(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.
History: 1983 AACS; 2014 AACS.
R 338.9005 Record of examination required; maintenance; content.
Rule 5. An examiner shall, in the case of every polygraph examination
administered by him or her, create and maintain a record for not less than 5 years. Such
record shall contain, at a minimum, all of the following:
(a) Information pertaining to the objective of the examination.
(b) Information volunteered by the examinee during the pretest interview that is
pertinent to the objectives of the examination.
(c) The exact relevant questions asked of the examinee during the polygraph
examination and the examinee's answers thereto.
(d) All polygraph instrument recordings made during the polygraph examination
and all other tests administered to the examinee. Such recordings and tests shall
adequately identify all of the following:
(i) The order in which the tests were administered.
(ii) The point at which test questions were asked.
(iii) The examinee's answer to each test question.
(iv) The identification of each test question.
(e) All written consents of the examinee as required elsewhere in these rules.
(f) All pretest interview information volunteered by the examinee relating to the
examinee's background, education, health, medical history, and his or her general
suitability for the examination.
History: 1983 AACS.
R 338.9006 Rescinded.
History: 1983 AACS; 2014 AACS.
R 338.9007 Rescinded.
History: 1983 AACS; 2014 AACS.
R 338.9008 Rescinded.
History: 1983 AACS; 2014 AACS.
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