(1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a psychologist under this chapter may not disclose any confidential communication with a client or patient without the express written consent of: (a) the client or patient; (b) the parent or legal guardian of a minor client or patient; or (c) a person authorized to consent to the disclosure of the confidential communication by the client or patient in a written document: (i) that is signed by the client or the patient; and (ii) in which the client's or the patient's signature is reasonably verifiable. (2) A psychologist under this chapter is not subject to Subsection (1) if: (a) the psychologist is permitted or required by state or federal law, rule, regulation, or order to report or disclose any confidential communication, including: (i) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports; (ii) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports; (iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn; or (iv) reporting of a communicable disease as required under Section 26B-7-206; (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or (c) the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.
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