Section 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 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 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 335, 2022 General Session