7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to confidential communications for advocacy
10 services at an institution of higher education.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms; and
14 ▸ prohibits the disclosure of confidential communications related to advocacy services
15 at an institution of higher education, except under certain circumstances.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 77-38-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
24 53B-27-101, Utah Code Annotated 1953
25 53B-27-102, Utah Code Annotated 1953
26 53B-27-201, Utah Code Annotated 1953
27 53B-27-202, Utah Code Annotated 1953
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53B-27-101 is enacted to read:
33 53B-27-101. Title.
34 This chapter is known as "Student Rights and Responsibilities."
35 Section 2. Section 53B-27-102 is enacted to read:
36 53B-27-102. Definitions.
37 As used in this chapter, "institution" means a public or private postsecondary institution
38 that is located in Utah, including an institution of higher education listed in Section 53B-1-102.
39 Section 3. Section 53B-27-201 is enacted to read:
41 53B-27-201. Definitions.
42 As used in this part:
43 (1) "Certified advocate" means an individual who:
44 (a) is employed by or volunteers at a qualified institutional victim services provider;
45 (b) has completed at least 40 hours of training in counseling and assisting victims of
46 sexual harassment, sexual assault, rape, dating violence, domestic violence, or stalking; and
47 (c) acts under the supervision of the director or director's designee of a qualified
48 institutional victim services provider.
49 (2) (a) "Confidential communication" means information that is communicated by a
50 victim, in the course of the victim seeking an institutional advocacy service, to:
51 (i) a certified advocate;
52 (ii) a qualified institutional victim services provider;
53 (iii) a person reasonably necessary for the transmission of the information;
54 (iv) an individual who is present at the time the information is transmitted for the
55 purpose of furthering the victim's interests; or
56 (v) another individual, in the context of group counseling at a qualified institutional
57 victim services provider.
58 (b) "Confidential communication" includes a record that is created or maintained as a
59 result of the communication described in Subsection (2)(a).
60 (3) "Institutional advocacy service" means a safety planning, counseling,
61 psychological, support, advocacy, medical, or legal service that:
62 (a) addresses issues involving:
63 (i) sexual harassment;
64 (ii) sexual assault;
65 (iii) rape;
66 (iv) domestic violence;
67 (v) dating violence; or
68 (vi) stalking; and
69 (b) is provided by a qualified institutional victim services provider.
70 (4) (a) "Qualified institutional victim services provider" means an organization that:
71 (i) is affiliated with an institution;
72 (ii) employs or provides volunteer opportunities for certified advocates;
73 (iii) provides an institutional advocacy service to victims or families of victims; and
74 (iv) is designated by the affiliated institution as a qualified institutional victim services
76 (b) "Qualified institutional victim services provider" may include an institution's:
77 (i) sexual assault center;
78 (ii) victim advocacy center;
79 (iii) women's center;
80 (iv) health center; or
81 (v) counseling service center.
82 (5) "Record" means a book, letter, document, paper, map, plan, photograph, film, card,
83 tape, recording, electronic data, or other documentary material regardless of physical form or
85 (6) "Victim" means an individual who seeks an institutional advocacy service.
86 Section 4. Section 53B-27-202 is enacted to read:
87 53B-27-202. Confidentiality of information -- Disclosure of confidential
89 (1) Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2,
90 Government Records Access and Management Act, a person may not disclose a confidential
92 (2) A person may disclose a confidential communication if:
93 (a) the victim gives written and informed consent to the disclosure;
94 (b) the person has an obligation to disclose the confidential communication under
95 Section 62A-3-305, 62A-4a-403, or 78B-3-502;
96 (c) the disclosure is required by federal law; or
97 (d) a court of competent jurisdiction orders the disclosure.
98 Section 5. Section 77-38-204 is amended to read:
99 77-38-204. Disclosure of confidential communications.
101 Institutional Advocacy Services Act, the confidential communication between a victim and a
102 sexual assault counselor is available to a third person only when:
103 (1) the victim is a minor and the counselor believes it is in the best interest of the
104 victim to disclose the confidential communication to the victim's parents;
105 (2) the victim is a minor and the minor's parents or guardian have consented to
106 disclosure of the confidential communication to a third party based upon representations made
107 by the counselor that it is in the best interest of the minor victim to make such disclosure;
108 (3) the victim is not a minor, has given consent, and the counselor believes the
109 disclosure is necessary to accomplish the desired result of counseling; or
110 (4) the counselor has an obligation under Title 62A, Chapter 4a, Child and Family
111 Services, to report information transmitted in the confidential communication.