(1) As used in this chapter, “unlawful conduct” includes:

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 58-60-109

  • Board: means the Behavioral Health Board created in Section Utah Code 58-60-102
  • 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 58-60-102
  • Mental health therapist: means an individual who is practicing within the scope of practice defined in the individual's respective licensing act and is licensed under this title as:
         (15)(a) a physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;
         (15)(b) an advanced practice registered nurse, specializing in psychiatric mental health nursing;
         (15)(c) an advanced practice registered nurse intern, specializing in psychiatric mental health nursing;
         (15)(d) a psychologist qualified to engage in the practice of mental health therapy;
         (15)(e) a certified psychology resident qualifying to engage in the practice of mental health therapy;
         (15)(f) a physician assistant specializing in mental health care under Section Utah Code 58-60-102
  • Practice of mental health therapy: means treatment or prevention of mental illness, whether in person or remotely, including:
         (17)(a) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized in the professions of mental health therapy listed under Subsection (15);
         (17)(b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (15);
         (17)(c) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and
         (17)(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 (15). See Utah Code 58-60-102
     (1)(a) practice of the following unless licensed in the appropriate classification or exempted from licensure under this title:

          (1)(a)(i) mental health therapy;
          (1)(a)(ii) clinical social work;
          (1)(a)(iii) certified social work;
          (1)(a)(iv) marriage and family therapy;
          (1)(a)(v) clinical mental health counseling;
          (1)(a)(vi) social service work;
          (1)(a)(vii) master addiction counseling;
          (1)(a)(viii) substance use disorder counseling;
          (1)(a)(ix) advanced substance use disorder counseling; or
          (1)(a)(x) behavioral health coach work;
     (1)(b) practice of mental health therapy by a licensed psychologist who has not acceptably documented to the division the licensed psychologist’s completion of the supervised training in mental health therapy required under Subsection 58-61-304(1)(e); or
     (1)(c) representing oneself as, or using the title of, the following:

          (1)(c)(i) unless currently licensed in a license classification under this title:

               (1)(c)(i)(A) psychiatrist;
               (1)(c)(i)(B) psychologist;
               (1)(c)(i)(C) registered psychiatric mental health nurse specialist;
               (1)(c)(i)(D) mental health therapist;
               (1)(c)(i)(E) clinical social worker;
               (1)(c)(i)(F) master addiction counselor;
               (1)(c)(i)(G) certified social worker;
               (1)(c)(i)(H) marriage and family therapist;
               (1)(c)(i)(I) clinical mental health counselor;
               (1)(c)(i)(J) social service worker;
               (1)(c)(i)(K) substance use disorder counselor;
               (1)(c)(i)(L) associate clinical mental health counselor;
               (1)(c)(i)(M) associate marriage and family therapist;
               (1)(c)(i)(N) associate master addiction counselor;
               (1)(c)(i)(O) behavioral health coach; or
               (1)(c)(i)(P) behavioral health technician; or
          (1)(c)(ii) unless currently in possession of the credentials described in Subsection (2), social worker.
(2) An individual may represent oneself as a, or use the title of, social worker if the individual possesses certified transcripts from an accredited institution of higher education, recognized by the division in collaboration with the board, verifying satisfactory completion of an education and an earned degree as follows:

     (2)(a) a bachelor’s or master’s degree in a social work program accredited by the Council on Social Work Education or by the Canadian Association of Schools of Social Work; or
     (2)(b) a doctoral degree that contains a clinical social work concentration and practicum approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that is consistent with Section 58-1-203.