(1) Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a person may not disclose a confidential communication.

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Terms Used In Utah Code 53B-28-202

  • Confidential communication: includes a record that is created or maintained as a result of the communication described in Subsection (2)(a). See Utah Code 53B-28-201
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Victim: means an individual who seeks an institutional advocacy service. See Utah Code 53B-28-201
(2) A person may disclose a confidential communication if:

     (2)(a) the victim gives written and informed consent to the disclosure;
     (2)(b) the person has an obligation to disclose the confidential communication under Section 26B-6-205, 80-2-602, or 78B-3-502;
     (2)(c) the disclosure is required by federal law; or
     (2)(d) a court of competent jurisdiction orders the disclosure.