This section requires that all certificates, applications, records, and reports created under Utah Code Title 26B, Chapter 5, Part 3 (Utah State Hospital and Other Mental Health Facilities) that identify a patient or former patient be kept strictly confidential. Disclosure is permitted only with the individual's (or guardian's) consent, when necessary to carry out the provisions of this part or Section 53-10-208.1, or when directed by a court in the interest of justice. Knowingly or intentionally disclosing unauthorized information is a class B misdemeanor.
View official sourceHome Utah Code Title 26B Chapter 5 Part 3 Section 312 Title 26B Chapter 5 Part 3 Section 312 << Previous Section (26B-5-311) Download Options PDF | RTF | XML Next Section (26B-5-313) >> Index Utah Code Title 26B Utah Health and Human Services Code Chapter 5 Health Care - Substance Use and Mental Health Part 3 Utah State Hospital and Other Mental Health Facilities Section 312 Confidentiality of information and records -- Exceptions -- Penalty. (Effective 5/3/2023) Effective 5/3/2023 26B-5-312. Confidentiality of information and records -- Exceptions -- Penalty. (1) All certificates, applications, records, and reports made for the purpose of this part, including those made on judicial proceedings for involuntary commitment, that directly or indirectly identify a patient or former patient or an individual whose commitment has been sought under this part, shall be kept confidential and may not be disclosed by any person except insofar as: (a) the individual identified or his legal guardian, if any, or, if a minor, his parent or legal guardian shall consent; (b) disclosure may be necessary to carry out the provisions of: (i) this part; or (ii) Section 53-10-208.1 ; or (c) a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it, and that failure to make the disclosure would be contrary to the public interest. (2) A person who knowingly or intentionally discloses any information not authorized by this section is guilty of a class B misdemeanor. Renumbered and Amended by Chapter 308 , 2023 General Session << Previous Section (26B-5-311) Download Options PDF | RTF | XML Next Section (26B-5-313) >>