The Utah Professionals Health Program (UPHP) is a “confidential” alternative to public discipline program created by the Division of Professional Licensing (DOPL) to assist licensed healthcare professionals whose ability to practice is impaired due to a substance use disorder. 

At UPHP, “confidentiality” means when a licensee seeks help and is getting the treatment they need and/or under monitoring with UPHP, neither licensing boards nor the public will know about their monitoring, medical diagnosis or treatment details. This information is kept “confidential” and there is no disciplinary action on the licensee’s record. Programs like UPHP encourage the licensee to seek help sooner because it decreases the fear related to losing their license and career for seeking help. 

Additionally, “confidentiality” means that personal health information that is shared between a licensee and the program is protected. Licensees can determine who can access this information through a consent process. The consent process consists of signing a form called a release of information (ROI). There are some exceptions to confidentiality, which means UPHP may have an obligation to disclose certain information under certain circumstances. Typically exceptions to confidentiality come into play if there are concerns about the licensee’s ability to practice with reasonable skill and safety and the Licensee is unwilling to seek treatment or undergo monitoring, if recommended, for their condition. UPHP has a responsibility to help healthcare professionals seek care and to protect the public.

The privacy law regarding confidentiality of medical records is outlined in HIPAA  (Health Insurance Portability and Accountability Act) regulations. It applies to health care providers, health plans, and healthcare clearinghouses (such as billing companies). Under 45 CFR Part 164, UPHP is considered a health oversight agency and as such is exempt from HIPAA privacy regulations. Therefore, a covered entity may disclose protected health information to UPHP without violating HIPAA privacy laws.

At UPHP, we follow federal regulations called 42 CFR Part , which have stricter guidelines regarding how information can be shared. This regulation was created to protect information related to treatment for substance use disorders. Additionally, under Utah Code Ann. § 63G-2-302, a Licensee’s UPHP records are considered private records and are protected from disclosure under GRAMA. 

Even with a confidential monitoring program, there may be others that need to be part of the licensee’s overall interaction with UPHP. During the intake process or during the period of monitoring, UPHP may need to get information from people close to the licensee or from the referral source to help us make a determination about how to best assist the licensee. In this case, the licensee would give permission/consent to UPHP by signing an ROI form, so they will decide and be fully informed on who we reach out to. 

Prior to becoming a participant in UPHP, there are times an employer may need to be aware of the licensee’s situation. This could include if an employer refers a licensee to UPHP because of concerns of impairment at work or if the employer needs to help the individual regarding time off from work. UPHP encourages licensees to be transparent with their employers so that we can coordinate together. Substance use and mental health disorders are all medical conditions that qualify for FMLA, which helps protect the licensee’s position while they are receiving treatment. We also encourage employers to be supportive of their employees during these times so that Licensees can come back to work safely. 

Once a licensee becomes a participant in UPHP, they will be required to have a worksite liaison. The worksite liaison serves as a valuable link between the licensee, UPHP, and the workplace. Their role encompasses ensuring confidentiality, providing education and support, collaborating with employers, monitoring progress, and addressing workplace concerns, all aimed at facilitating the licensee’s successful recovery and professional reintegration.