Utah Code 58-61-713. Confidentiality — Exemptions

58-61-713. Confidentiality — Exemptions.

(1)

A behavior analyst or behavior specialist 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 58-61-713

Confidential communication: means information obtained by an individual licensed or registered under this part, including information obtained by the individual's observation of or interview with the client, patient, or authorized agent, which is:

(a)

(i)	transmitted between the client, patient, or authorized agent and an individual licensed or registered under this part in the course of that relationship; or

(ii)

transmitted among the client, patient, or authorized agent, an individual licensed or registered under this part, and individuals who are participating in the assessment or treatment in conjunction with an individual licensed or registered under this part, including the authorized agent or members of the client's or patient's family; and

(b)

made in confidence, for the assessment or treatment of the client or patient by the individual who is licensed or registered under this part, and by a means not intended to be disclosed to a third party other than an individual:

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

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

(iii)

participating in the assessment and treatment of the client or patient in conjunction with the behavior analyst or behavior specialist. See Utah Code 58-61-702

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 behavior analyst or behavior specialist is not subject to Subsection (1) if:

(a)

the behavior analyst or behavior specialist 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 Utah Rules of Evidence, Rule 506; 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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