858-67-80958-68-8090Patient Nondisclosure Clauses2026 GENERAL SESSIONSTATE OF UTAHChief Sponsor: Anthony E. LoubetSenate Sponsor: LONG TITLEGeneral Description:This bill addresses certain nondisclosure clauses.Highlighted Provisions:This bill:defines terms;makes the validity of a nondisclosure clause precluding a patient from reporting the conduct of the patient's health care provider to the Division of Professional Licensing contingent on the provider having provided the division's model notice to the patient before the execution of the nondisclosure clause; andrequires the division to make a model notice and publish the notice online for download.Money Appropriated in this Bill:NoneOther Special Clauses:NoneUtah Code Sections Affected:ENACTS:58-67-809, Utah Code Annotated 195358-68-809, Utah Code Annotated 1953Be it enacted by the Legislature of the state of Utah:

Section 1. Section 58-67-809 is enacted to read:58-67-809. Nondisclosure clauses.(1)As used in this section, "nondisclosure clause" means a contractual requirement that operates to preclude a patient from reporting, to the division, the conduct of an individual licensed under this chapter who provided health care services to the patient.(2)After June 1, 2025, for a nondisclosure clause to be valid and enforceable, the individual licensed under this chapter must provide the notice described in Subsection (3) to the patient or the patient's personal representative before the contract containing the nondisclosure clause is executed.(3)The division shall:(a)create a model notice that includes information about a patient's option to report unprofessional or unlawful conduct of an individual licensed under this chapter to the division;(b)include on the model notice:(i)information regarding what constitutes unprofessional or unlawful conduct;(ii)information about the process for reporting a complaint of unprofessional or unlawful conduct to the division; and(iii)a reference to Section 58-1-501; and(c)publish the notice online for download.(4)The division may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to administer this section.

Section 2. Section 58-68-809 is enacted to read:58-68-809. Nondisclosure clauses.(1)As used in this section, "nondisclosure clause" means a contractual requirement that operates to preclude a patient from reporting, to the division, the conduct of an individual licensed under this chapter who provided health care services to the patient.(2)After June 1, 2025, for a nondisclosure clause to be valid and enforceable, the individual licensed under this chapter must provide the notice described in Subsection (3) to the patient or the patient's personal representative before the contract containing the nondisclosure clause is executed.(3)The division shall:(a)create a model notice that includes information about a patient's option to report unprofessional or unlawful conduct of an individual licensed under this chapter to the division;(b)include on the model notice:(i)information regarding what constitutes unprofessional or unlawful conduct;(ii)information about the process for reporting a complaint of unprofessional or unlawful conduct to the division; and(iii)a reference to Section 58-1-501; and(c)publish the notice online for download.(4)The division may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to administer this section.

Section 3. Effective Date.This bill takes effect on May 6, 2026.

1-21-26 2:10 PM