34-38-13. Confidentiality of test-related information.
(1) For purposes of this section, "test-related information" means the following received
by the employer through the employer's drug or alcohol testing program:
(a) information;
(b) interviews;
(c) reports;
(d) statements;
(e) memoranda; or
(f) test results.
(2) Except as provided in Subsections (3) and (6), test-related information is a
confidential communication and may not be:
(a) used or received in evidence;
(b) obtained in discovery; or
(c) disclosed in any public or private proceeding.
(3) Test-related information:
(a) shall be disclosed to the Division of Occupational and Professional Licensing:
(i) in the manner provided in Subsection 58-13-5(3); and
(ii) only to the extent required under Subsection 58-13-5(3); and
(b) may only be used in a proceeding related to:
(i) an action taken by the Division of Occupational and Professional Licensing under
Section 58-1-401 when the Division of Occupational and Professional Licensing is taking action
in whole or in part on the basis of test-related information disclosed under Subsection (3)(a);
(ii) an action taken by an employer under Section 34-38-8; or
(iii) an action under Section 34-38-11.
(4) Test-related information shall be the property of the employer.
(5) An employer is entitled to use a drug or alcohol test result as a basis for action under
Section 34-38-8.
(6) An employer may not be examined as a witness with regard to test-related
information, except:
(a) in a proceeding related to an action taken by the employer under Section 34-38-8;
(b) in an action under Section 34-38-11; or
(c) in an action described in Subsection (3)(b)(i).
Amended by Chapter 152, 2004 General Session
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Last revised: Thursday, May 28, 2009