Utah Code 34-38-13. Confidentiality of test-related information
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(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:
Terms Used In Utah Code 34-38-13
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) information;
(1)(b) interviews;
(1)(c) reports;
(1)(d) statements;
(1)(e) memoranda; or
(1)(f) test results.
(2) Except as provided in Subsections (3) and (6), test-related information is a confidential communication and may not be:
(2)(a) used or received in evidence;
(2)(b) obtained in discovery; or
(2)(c) disclosed in any public or private proceeding.
(3) Test-related information:
(3)(a) shall be disclosed to the Division of Professional Licensing:
(3)(a)(i) in the manner provided in Subsection 58-13-5(3); and
(3)(a)(ii) only to the extent required under Subsection 58-13-5(3); and
(3)(b) may only be used in a proceeding related to:
(3)(b)(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);
(3)(b)(ii) an action taken by an employer under Section 34-38-8; or
(3)(b)(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.