For purposes of this section, “test-related information” means the following received by the employer through the employer’s drug or alcohol testing program:
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Terms Used In Utah Code 34-38-13
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Except as provided in Subsections (3) and (6), test-related information is a confidential communication and may not be:
(a)
used or received in evidence;
(b)
obtained in discovery; or
(c)
disclosed in any public or private proceeding.
(3)
Test-related information:
(a)
shall be disclosed to the Division of Professional Licensing:
(i)
in the manner provided in Subsection 58-13-5(3); and
(ii)
only to the extent required under Subsection 58-13-5(3); and
(b)
may only be used in a proceeding related to:
(i)
an action taken by the Division of Professional Licensing under Section 58-1-401 when the Division of Professional Licensing is taking action in whole or in part on the basis of test-related information disclosed under Subsection (3)(a);
(ii)
an action taken by an employer under Section 34-38-8; or
