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Confidentiality—Exemptions - Utah Code Ann. § 58-60-114
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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
A patient, a patient’s authorized agent, or a patient’s parent or legal guardian if the patient is a minor may consent to the disclosure of information relating to their mental health.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent as required by law, including in the context of mandated reporting laws for elder and child abuse, as required when the mental health professional has a duty to warn to protect the health and safety an individual or the public, and in connection with the mandated reporting of a communicable disease.
Any disclosure that is made as part of a legal proceeding must be made under an evidentiary privilege in Utah Rule of Evidence 506.
A disclosure without consent is permitted if it is made under a “generally recognized professional or ethical standard.”
Current as of June 2015