Utah Code 58-60-114. Confidentiality — Exemptions
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(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:
Terms Used In Utah Code 58-60-114
- 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.
- Mental health therapist: means an individual who is practicing within the scope of practice defined in the individual's respective licensing act and is licensed under this title as:
(15)(a) a physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;(15)(b) an advanced practice registered nurse, specializing in psychiatric mental health nursing;(15)(c) an advanced practice registered nurse intern, specializing in psychiatric mental health nursing;(15)(d) a psychologist qualified to engage in the practice of mental health therapy;(15)(e) a certified psychology resident qualifying to engage in the practice of mental health therapy;(15)(f) a physician assistant specializing in mental health care under SectionUtah Code 58-60-102 - patient: means an individual who consults or is examined or interviewed by an individual licensed under this chapter who is acting in the individual's professional capacity. See Utah Code 58-60-102
- 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- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) the client or patient;(1)(b) the parent or legal guardian of a minor client or patient; or(1)(c) a person authorized to consent to the disclosure of the confidential communication by the client or patient in a written document:(1)(c)(i) that is signed by the client or the patient; and(1)(c)(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:(2)(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:(2)(a)(i) reporting under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult;(2)(a)(ii) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports;(2)(a)(iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist’s Duty to Warn; or(2)(a)(iv) reporting of a communicable disease as required under Section 26B-7-206;(2)(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(2)(c) the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.