§ 34-38-13 — Confidentiality of test-related information.

(1) For purposes of this section, "test-related information" means the following received by the employer through the employer's drug or alcohol testing program:

(1)(a) information;
(1)(b) interviews;
(1)(c) reports;
(1)(d) statements;
(1)(e) memoranda; or
(1)(f) test results.
(2) Except as provided in Subsections (3) and (6), test-related information is a confidential communication and may not be:

(2)(a) used or received in evidence;
(2)(b) obtained in discovery; or
(2)(c) disclosed in any public or private proceeding.
(3) Test-related information:

(3)(a) shall be disclosed to the Division of Professional Licensing:
(3)(a)(i) in the manner provided in Subsection 58-13-5(3); and
(3)(a)(ii) only to the extent required under Subsection 58-13-5(3); and
(3)(b) may only be used in a proceeding related to:
(3)(b)(i) an action taken by the Division of Professional Licensing under Section 58-1-401 when the Division of Professional Licensing is taking action in whole or in part on the basis of test-related information disclosed under Subsection (3)(a);
(3)(b)(ii) an action taken by an employer under Section 34-38-8; or
(3)(b)(iii) an action under Section 34-38-11.
(4) Test-related information shall be the property of the employer.
(5) An employer is entitled to use a drug or alcohol test result as a basis for action under Section 34-38-8.
(6) An employer may not be examined as a witness with regard to test-related information, except:

(6)(a) in a proceeding related to an action taken by the employer under Section 34-38-8;
(6)(b) in an action under Section 34-38-11; or
(6)(c) in an action described in Subsection (3)(b)(i).

Legislative History

Amended by Chapter 415, 2022 General Session