Confidentiality -- Exemptions.

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  • (1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a psychologist 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 psychologist under this chapter is not subject to Subsection (1) if:
    • (a) the psychologist 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.




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