§ 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:

(a) information;

(b) interviews;

(c) reports;

(d) statements;

(e) memoranda; or

(f) test results.

(2) Except as provided in Subsections (3) and (6), test-related information is a confidential communication and may not be:

(a) used or received in evidence;

(b) obtained in discovery; or

(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.

(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:

(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; or

(c) in an action described in Subsection (3)(b)(i).

Amended by Chapter 152, 2004 General Session