Utah Code 58-61-602. Confidentiality — Exemptions

58-61-602. Confidentiality — Exemptions.

(1)

Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a psychologist under this chapter may not disclose any confidential communication with a client or patient without the express written consent of:

Terms Used In Utah Code 58-61-602

Confidential communication: means information, including information obtained by the psychologist's examination of the client or patient, which is:

(a)

(i)	transmitted between the client or patient and a psychologist in the course of that relationship; or

(ii)	transmitted among the client or patient, the psychologist, and individuals who are participating in the diagnosis or treatment under the direction of the psychologist, 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 psychologist, 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 psychologist. See Utah Code 58-61-102

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 a psychologist acting in his professional capacity. See Utah Code 58-61-102

Person: means :Utah Code 68-3-12.5

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

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)

a person authorized to consent to the disclosure of the confidential communication by the client or patient in a written document:

(i)	that is signed by the client or the patient; and

(ii)	in which the client’s or the patient’s signature is reasonably verifiable.

(2)

A psychologist under this chapter is not subject to Subsection (1) if:

(a)

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

(i)	reporting under 6;

(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

Previous section

Next section

Part 6 Contents