Utah Code 26B-5-312. Confidentiality of information and records — Exceptions — Penalty
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(1) All certificates, applications, records, and reports made for the purpose of this part, including those made on judicial proceedings for involuntary commitment, that directly or indirectly identify a patient or former patient or an individual whose commitment has been sought under this part, shall be kept confidential and may not be disclosed by any person except insofar as:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 26B-5-312
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- Patient: means an individual who is:
(20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or(20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) the individual identified or his legal guardian, if any, or, if a minor, his parent or legal guardian shall consent;(1)(b) disclosure may be necessary to carry out the provisions of:(1)(b)(i) this part; or(1)(b)(ii) Section 53-10-208.1; or(1)(c) a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it, and that failure to make the disclosure would be contrary to the public interest.(2) A person who knowingly or intentionally discloses any information not authorized by this section is guilty of a class B misdemeanor. - Patient: means an individual who is: