58-60-114. Confidentiality -- Exemptions.

265 words·~1 min read·/ut/title-58/chapter-60/58-60-114

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

Effective 5/3/2023

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

(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 mental health therapist under this chapter is not subject to Subsection

(1)if:

(a)the mental health therapist is permitted or required by state or federal law, rule, regulation, or order to report or disclose any confidential communication, including:

(i)reporting under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult ;

(ii)reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports ;

(iii)reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn ; 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