Confidential Communications for Institutional Advocacy Services: no disclosure of a victim's confidential communication to a certified advocate or qualified institutional victim services provider

A person may not disclose a confidential communication, notwithstanding the Government Records Access and Management Act, except as the section allows. A person may disclose a confidential communication if the victim gives written and informed consent, if the person has an obligation to disclose it under section 26B-6-205, 80-2-602, or 78B-3-502, if federal law requires the disclosure, or if a court of competent jurisdiction orders the disclosure.

A confidential communication is information that a victim communicates, in the course of seeking an institutional advocacy service, to a certified advocate, a qualified institutional victim services provider, a person reasonably necessary for the transmission of the information, an individual present to further the victim's interests, or another individual in group counseling at a provider, and it includes a record created or maintained as a result of the communication.

An institution, for the part, is a Utah institution that is a private postsecondary educational institution or a public institution, including an institution of higher education listed in section 53H-1-102. Title 53H expressly applies Chapter 14, Part 4, Confidential Communications for Institutional Advocacy Services, to a private postsecondary educational institution. Senate Bill 1001 of the 2025 First Special Session renumbered section 53B-28-202 as section 53H-14-402.

House Bill 251 of the 2017 General Session enacted the Confidential Communications for Institutional Advocacy Services Act. House Bill 251 of the 2017 General Session took effect on May 9, 2017.