S.B. 125 Enrolled

CONFIDENTIALITY OF DRUG TESTING
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Paula F. Julander

LONG TITLE
General Description:
This bill modifies the Labor Code to address provisions related to employer drug testing.
Highlighted Provisions:
This bill:
. requires disclosure to the Division of Occupational and Professional Licensing of
drug or alcohol test-related information concerning health care providers;
. explains when the Division of Occupational and Professional Licensing may use the
information in an action;
. allows the Division of Occupational and Professional Licensing to examine the
employer as a witness regarding the information; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34-38-13, as enacted by Chapter 234, Laws of Utah 1987

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 34-38-13 is amended to read:
34-38-13. Confidentiality of test-related information.
(1) [All] 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 [received by the employer through his drug or alcohol testing program
are].
(2) Except as provided in Subsections (3) and (6), test-related information is a
confidential [communications] communication and may not be:
(a) used or received in evidence[,];
(b) obtained in discovery[,]; or
(c) disclosed in any public or private proceeding[, except in a proceeding related to an
action taken by an employer under Section 34-38-8 or an action under Section 34-38-11 ].
(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 .
[(2) The] (4) Test-related information [described in Subsection (1)] shall be the property
of the employer.
[(3)] (5) An employer is entitled to use a drug or alcohol test result as a basis for action
under Section 34-38-8 .

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[(4)] (6) An employer may not be examined as a witness with regard to [the] test-related
information [described in Subsection (1)], except:
(a) in a proceeding related to an action taken by the employer under Section 34-38-8 [or];
(b) in an action under Section 34-38-11 [.]; or
(c) in an action described in Subsection (3)(b)(i).

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