53B-28-202.  Confidentiality of information — Disclosure of confidential communication.

(1)  Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a person may not disclose a confidential communication.

Terms Used In Utah Code 53B-28-202

  • Confidential communication: includes a record that is created or maintained as a result of the communication described in Subsection (2)(a). See Utah Code 53B-28-201
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means :Utah Code 68-3-12.5
  • Victim: means an individual who seeks an institutional advocacy service. See Utah Code 53B-28-201
(2)  A person may disclose a confidential communication if:

(a)  the victim gives written and informed consent to the disclosure;

(b)  the person has an obligation to disclose the confidential communication under Section 26B-6-205, 80-2-602, or 78B-3-502;

(c)  the disclosure is required by federal law; or

(d)  a court of competent jurisdiction orders the disclosure.

Amended by Chapter 328, 2023 General Session