Section 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: (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 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 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);(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 415, 2022 General Session ,§ 38, eff. 5/4/2022.Amended by Chapter 152, 2004 General Session.