Title 58 Chapter 60 Section 509

Occupations and Professions
Mental Health Professional Practice Act
Section 509
Confidentiality -- Exemptions.

            

58-60-509.   Confidentiality -- Exemptions.

            (1) A licensee under this part may not disclose any confidential communication with a client or patient without the express consent of:

            (a) the client or patient;

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

            (c) the authorized agent of a client or patient.

            (2) A licensee under this part is not subject to Subsection (1) if:

            (a) the licensee 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 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a Vulnerable Adult;

            (ii) reporting under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements;

            (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 26-6-6;

            (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.


Amended by Chapter 366, 2011 General Session