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Terms Used In Utah Code 58-60-113

  • Confidential communication: means information obtained by an individual licensed under this chapter, including information obtained by the individual's examination of the client or patient, which is:
         (5)(a)
              (5)(a)(i) transmitted between the client or patient and an individual licensed under this chapter in the course of that relationship; or
              (5)(a)(ii) transmitted among the client or patient, an individual licensed under this chapter, and individuals who are participating in the diagnosis or treatment under the direction of an individual licensed under this chapter, including members of the client's or patient's family; and
         (5)(b) made in confidence, for the diagnosis or treatment of the client or patient by the individual licensed under this chapter, and by a means not intended to be disclosed to third persons other than those individuals:
              (5)(b)(i) present to further the interest of the client or patient in the consultation, examination, or interview;
              (5)(b)(ii) reasonably necessary for the transmission of the communications; or
              (5)(b)(iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist. See Utah Code 58-60-102
  • 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.

     Evidentiary privilege for mental health therapists regarding admissibility of any confidential communication in administrative, civil, or criminal proceedings is in accordance with Rule 506 of the Utah Rules of Evidence.