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: information; interviews; reports; statements; memoranda; or test results.
(2) Except as provided in Subsectionsand, test-related information is a confidential communication and may not be: (3) (6) used or received in evidence; obtained in discovery; or disclosed in any public or private proceeding.
(3) Test-related information: shall be disclosed to the Division of Professional Licensing: in the manner provided in Subsection; and 58-13-5(3) only to the extent required under Subsection; and 58-13-5(3) may only be used in a proceeding related to: an action taken by the Division of Professional Licensing under Sectionwhen the Division of Professional Licensing is taking action in whole or in part on the basis of test-related information disclosed under Subsection; 58-1-401 (3)(a) an action taken by an employer under Section; or 34-38-8 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: in a proceeding related to an action taken by the employer under Section; 34-38-8 in an action under Section; or 34-38-11 in an action described in Subsection. (3)(b)(i)