Terms Used In Utah Code > Title 58 > Chapter 61 > Part 5 - Unlawful and Unprofessional Conduct - Penalties

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confidential communication: means information, including information obtained by the psychologist's examination of the client or patient, which is:
       (3)(a)

            (3)(a)(i) transmitted between the client or patient and a psychologist in the course of that relationship; or

            (3)(a)(ii) transmitted among the client or patient, the psychologist, and individuals who are participating in the diagnosis or treatment under the direction of the psychologist, including members of the client's or patient's family; and
       (3)(b) made in confidence, for the diagnosis or treatment of the client or patient by the psychologist, and by a means not intended to be disclosed to third persons other than those individuals:

            (3)(b)(i) present to further the interest of the client or patient in the consultation, examination, or interview;

            (3)(b)(ii) reasonably necessary for the transmission of the communications; or

            (3)(b)(iii) participating in the diagnosis and treatment of the client or patient under the direction of the psychologist. See Utah Code 58-61-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Individual: means a natural person. See Utah Code 58-61-102
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• patient: means an individual who consults or is examined or interviewed by a psychologist acting in his professional capacity. See Utah Code 58-61-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Practice of mental health therapy: means the treatment or prevention of mental illness, whether in person or remotely, including:
       (8)(a) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder;
       (8)(b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (6);
       (8)(c) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and
       (8)(d) engaging in the conduct of professional intervention, including psychotherapy by the application of established methods and procedures generally recognized in the professions of mental health therapy listed under Subsection (6). See Utah Code 58-61-102
• Practice of psychology: includes :
            (9)(a)(i) the practice of mental health therapy by means of observation, description, evaluation, interpretation, intervention, and treatment to effect modification of human behavior by the application of generally recognized professional psychological principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, the symptoms of any of these, or maladaptive behavior;
            (9)(a)(ii) the observation, description, evaluation, interpretation, or modification of human behavior by the application of generally recognized professional principles, methods, or procedures requiring the education, training, and clinical experience of a psychologist, for the purpose of assessing, diagnosing, preventing, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health;
            (9)(a)(iii) psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning;
            (9)(a)(iv) counseling, marriage and family therapy, psychoanalysis, psychotherapy, hypnosis, and behavior analysis and therapy;
            (9)(a)(v) diagnosis and treatment of mental and emotional disorders of disability, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness, accident, injury, or disability; and
            (9)(a)(vi) psychoeducational evaluation, therapy, remediation, and consultation. See Utah Code 58-61-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Unlawful conduct: is a s defined in Sections 58-1-501 and 58-61-501. See Utah Code 58-61-102
• Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-61-502, and may be further defined by division rule. See Utah Code 58-61-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5