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Utah Code Title 58. Occupations and Professions § 58-60-114. Confidentiality--Exemptions

Current as of May 05, 2022 | Updated by FindLaw Staff

(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:

(a) the client or patient;

(b) the parent or legal guardian of a minor client or patient; or

(c) a person authorized to consent to the disclosure of the confidential communication by the client or patient in a written document:

(i) that is signed by the client or the patient; and

(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:

(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:

(i) reporting under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult;

(ii) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports;

(iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn; or

(iv) reporting of a communicable disease as required under Section 26B-7-206;

(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

(c) the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.

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Cite this article: FindLaw.com - Utah Code Title 58. Occupations and Professions § 58-60-114. Confidentiality--Exemptions - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-58-occupations-and-professions/ut-code-sect-58-60-114/

Read this complete Utah Code Title 58. Occupations and Professions § 58-60-114. Confidentiality--Exemptions on Westlaw. Westlaw subscription required.

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