Utah Code 58-60-509. Confidentiality — Exemptions

58-60-509. Confidentiality — Exemptions.

(1)

A licensee under this part may not disclose any confidential communication with a client or patient without the express consent of:

Terms Used In Utah Code 58-60-509

Confidential communication: means information obtained by an individual licensed under this chapter, including information obtained by the individual's examination of the client or patient, which is:

(a)

(i)	transmitted between the client or patient and an individual licensed under this chapter in the course of that relationship; or

(ii)	transmitted among the client or patient, an individual licensed under this chapter, and individuals who are participating in the diagnosis or treatment under the direction of an individual licensed under this chapter, including members of the client's or patient's family; and

(b)

made in confidence, for the diagnosis or treatment of the client or patient by the individual licensed under this chapter, and by a means not intended to be disclosed to third persons other than those individuals:

(i)	present to further the interest of the client or patient in the consultation, examination, or interview;

(ii)	reasonably necessary for the transmission of the communications; or

(iii)

participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist. See Utah Code 58-60-102

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.

patient: means an individual who consults or is examined or interviewed by an individual licensed under this chapter who is acting in the individual's professional capacity. See Utah Code 58-60-102

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

the client or patient;

(b)	the parent or legal guardian of a minor client or patient; or

(c)	the authorized agent of a client or patient.

(2)

A licensee under this part is not subject to Subsection (1) if:

(a)

the licensee is permitted or required by state or federal law, rule, regulation, or order to report or disclose any confidential communication, including:

(i)	reporting under 2;

(ii)	reporting under 6;

(iii)

reporting under 5; 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 Rule 506, Utah Rules of Evidence; or

(c)	the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.

Amended by Chapter 329, 2023 General Session

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