1. (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;
   2. (b) interviews;
   3. (c) reports;
   4. (d) statements;
   5. (e) memoranda; or
   6. (f) test results.

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

   1. (a) used or received in evidence;
   2. (b) obtained in discovery; or
   3. (c) disclosed in any public or private proceeding.

3. (3) Test-related information:

   1. (a) shall be disclosed to the Division of Professional Licensing:

      1. (i) in the manner provided in Subsection 58-13-5(3); and
      2. (ii) only to the extent required under Subsection 58-13-5(3); and

   2. (b) may only be used in a proceeding related to:

      1. (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);
      2. (ii) an action taken by an employer under Section 34-38-8; or
      3. (iii) an action under Section 34-38-11.
4. (4) Test-related information shall be the property of the employer.
5. (5) An employer is entitled to use a drug or alcohol test result as a basis for action under Section 34-38-8.

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

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

Amended by Chapter 415, 2022 General Session