Patient Nondisclosure Clauses

8
58-67-809
58-68-809
0
Patient Nondisclosure Clauses
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Anthony E. Loubet
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses certain nondisclosure clauses.
Highlighted Provisions:
This bill:
defines terms;
makes the validity of a nondisclosure clause precluding a patient from reporting the
conduct of the patient's health care provider to the Division of Professional Licensing
contingent on the provider having provided the division's model notice to the patient
before the execution of the nondisclosure clause; and
requires the division to make a model notice and publish the notice online for download.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
58-67-809
, Utah Code Annotated 1953
58-68-809
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
58-67-809
is enacted to read:
58-67-809
. Nondisclosure clauses.
(1)
As used in this section, "nondisclosure clause" means a contractual requirement that
operates to preclude a patient from reporting, to the division, the conduct of an
individual licensed under this chapter who provided health care services to the patient.
(2)
After June 1, 2025, for a nondisclosure clause to be valid and enforceable, the
individual licensed under this chapter must provide the notice described in Subsection
(3)

to the patient or the patient's personal representative before the contract containing the
nondisclosure clause is executed.
(3)
The division shall:
(a)
create a model notice that includes information about a patient's option to report
unprofessional or unlawful conduct of an individual licensed under this chapter to the
division;
(b)
include on the model notice:
(i)
information regarding what constitutes unprofessional or unlawful conduct;
(ii)
information about the process for reporting a complaint of unprofessional or
unlawful conduct to the division; and
(iii)
a reference to Section
58-1-501
; and
(c)
publish the notice online for download.
(4)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that are necessary to administer this section.
Section 2. Section
58-68-809
is enacted to read:
58-68-809
. Nondisclosure clauses.
(1)
As used in this section, "nondisclosure clause" means a contractual requirement that
operates to preclude a patient from reporting, to the division, the conduct of an
individual licensed under this chapter who provided health care services to the patient.
(2)
After June 1, 2025, for a nondisclosure clause to be valid and enforceable, the
individual licensed under this chapter must provide the notice described in Subsection
(3)

to the patient or the patient's personal representative before the contract containing the
nondisclosure clause is executed.
(3)
The division shall:
(a)
create a model notice that includes information about a patient's option to report
unprofessional or unlawful conduct of an individual licensed under this chapter to the
division;
(b)
include on the model notice:
(i)
information regarding what constitutes unprofessional or unlawful conduct;
(ii)
information about the process for reporting a complaint of unprofessional or
unlawful conduct to the division; and
(iii)
a reference to Section
58-1-501
; and
(c)
publish the notice online for download.
(4)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that are necessary to administer this section.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-21-26 2:10 PM