34-38-13. Confidentiality of test-related information.

274 words·~1 min read·/ut/title-34/chapter-38/34-38-13

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)For purposes of this section, "test-related information" means the following received by the employer through the employer's drug or alcohol testing program:

(a)information;

(b)interviews;

(c)reports;

(d)statements;

(e)memoranda; or

(f)test results.

(2)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

(iii)an action under Section 34-38-11 .

(4)Test-related information shall be the property of the employer.

(5)An employer is entitled to use a drug or alcohol test result as a basis for action under Section 34-38-8 .

(6)An employer may not be examined as a witness with regard to test-related information, except:

(a)in a proceeding related to an action taken by the employer under Section 34-38-8 ;

(b)in an action under Section 34-38-11 ; or

(c)in an action described in Subsection (3)(b)(i) .

Amended by Chapter 415 , 2022 General Session