S.B. 125

1

CONFIDENTIALITY OF DRUG TESTING
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Paula F. Julander
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Labor Code to address provisions related to employer drug
9 testing.
10 Highlighted Provisions:
11 This bill:
12 . requires disclosure to the Division of Occupational and Professional Licensing of
13 drug or alcohol test-related information concerning health care providers;
14 . explains when the Division of Occupational and Professional Licensing may use the
15 information in an action;
16 . allows the Division of Occupational and Professional Licensing to examine the
17 employer as a witness regarding the information; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 34-38-13, as enacted by Chapter 234, Laws of Utah 1987
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 34-38-13 is amended to read:
29 34-38-13. Confidentiality of test-related information.
30 (1) [All] For purposes of this section, "test-related information" means the following
31 received by the employer through the employer's drug or alcohol testing program:
32 (a) information[,];
33 (b) interviews[,];
34 (c) reports[,];
35 (d) statements[,];
36 (e) memoranda[,]; or
37 (f) test results [received by the employer through his drug or alcohol testing program
38 are].
39 (2) Except as provided in Subsections (3) and (6), test-related information is a
40 confidential [communications] communication and may not be:
41 (a) used or received in evidence[,];
42 (b) obtained in discovery[,]; or
43 (c) disclosed in any public or private proceeding[, except in a proceeding related to an
44 action taken by an employer under Section 34-38-8 or an action under Section 34-38-11 ].
45 (3) Test-related information:
46 (a) shall be disclosed to the Division of Occupational and Professional Licensing as
47 required under Subsection 58-13-5 (3); and
48 (b) may be used in a proceeding related to:
49 (i) an action taken by the Division of Occupational and Professional Licensing under
50 Section 58-1-401 when the Division of Occupational and Professional Licensing is taking
51 action in whole or in part on the basis of test-related information disclosed under Subsection
52 (3)(a);
53 (ii) an action taken by an employer under Section 34-38-8 ; or
54 (iii) an action under Section 34-38-11 .
55 [(2) The] (4) Test-related information [described in Subsection (1)] shall be the
56 property of the employer.
57 [(3)] (5) An employer is entitled to use a drug or alcohol test result as a basis for action
58 under Section 34-38-8 .

59 [(4)] (6) An employer may not be examined as a witness with regard to [the]
60 test-related information [described in Subsection (1)], except:
61 (a) in a proceeding related to an action taken by the employer under Section 34-38-8
62 [or];
63 (b) in an action under Section 34-38-11 [.]; or
64 (c) in an action described in Subsection (3)(b)(i).




Legislative Review Note
as of 1-12-04 12:42 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel