Download Zipped Enrolled WordPerfect SB0125.ZIP
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 125 Enrolled
This bill modifies the Labor Code to address provisions related to employer drug testing.
. 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:
Other Special Clauses:
Utah Code Sections Affected:
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.
received by the employer through the employer's drug or alcohol testing program:
(f) test results [
(2) Except as provided in Subsections (3) and (6), test-related information is a
(a) used or received in evidence[
(b) obtained in discovery[
(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 .
of the employer.
under Section 34-38-8 .
(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 [
(c) in an action described in Subsection (3)(b)(i).
[Bill Documents][Bills Directory]