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Occupations and Professions | |
Mental Health Professional Practice Act | |
Section 114 | Confidentiality -- Exemptions. |
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58-60-114. Confidentiality -- Exemptions. (1) A mental health therapist under this chapter 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 mental health therapist under this chapter is not subject to Subsection (1) if: (a) the mental health therapist 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 |
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