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 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).