Utah Code

Utah Code § 34-38-13 (2026)

Confidentiality of test-related information

✓ current as of May 2026

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

information;

interviews;

reports;

statements;

memoranda; or

test results.

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

used or received in evidence;

obtained in discovery; or

disclosed in any public or private proceeding.

Test-related information:

shall be disclosed to the Division of Professional Licensing:

in the manner provided in Subsection 58-13-5(3); and

only to the extent required under Subsection 58-13-5(3); and

may only be used in a proceeding related to:

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);

an action taken by an employer under Section 34-38-8; or

an action under Section 34-38-11.

Test-related information shall be the property of the employer.

An employer is entitled to use a drug or alcohol test result as a basis for action under Section 34-38-8.

An employer may not be examined as a witness with regard to test-related information, except:

in a proceeding related to an action taken by the employer under Section 34-38-8;

in an action under Section 34-38-11; or

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

Notes of Decisions

Cited in 1 case, 1998–1998 · leading case: Int'l Bhd. of Elec. Workers, Local 57 v. Utah Power & Light Co., 4 F. Supp. 2d 1048 (D. Utah 1998).

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Int'l Bhd. of Elec. Workers, Local 57 v. Utah Power & Light Co., 4 F. Supp. 2d 1048 (D. Utah 1998). · cites it 2× “…Utah law prohibiting the disclosure of information concerning the results of employer-administered drug tests. See Utah Code Ann. § 34-38-13 .”

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