Utah Code 58-60-112 v2. Reporting of unprofessional or unlawful conduct — Immunity from liability — Reporting conduct of court-appointed therapist
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(1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section 58-60-102 by a person licensed under this chapter or an individual not licensed under this chapter and engaged in acts or practices regulated under this chapter, that results in disciplinary action by a licensed health care facility, professional practice group, or professional society, or that results in a significant adverse impact upon the public health, safety, or welfare, the following shall report the conduct in writing to the division within 10 days after learning of the disciplinary action or the conduct unless the individual or person knows it has been reported:
Terms Used In Utah Code 58-60-112 v2
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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 - 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- Unlawful conduct: is a s defined in Sections
58-1-501 and58-60-109 . See Utah Code 58-60-102- Unprofessional conduct: is a s defined in Sections
58-1-501 and58-60-110 , and may be further defined by division rule. See Utah Code 58-60-102- 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(1)(a) a licensed health care facility or organization in which an individual licensed under this chapter engages in practice;(1)(b) an individual licensed under this chapter; and(1)(c) a professional society or organization whose membership is individuals licensed under this chapter and which has the authority to discipline or expel a member for acts of unprofessional or unlawful conduct.(2) Any individual reporting acts of unprofessional or unlawful conduct by an individual licensed under this chapter is immune from liability arising out of the disclosure to the extent the individual furnishes the information in good faith and without malice.(3)(3)(a) As used in this Subsection (3):(3)(a)(i) “Court-appointed therapist” means a mental health therapist ordered by a court to provide psychotherapeutic treatment to an individual, a couple, or a family in a domestic case.(3)(a)(ii) “Domestic case” means a proceeding under:(3)(a)(ii)(A) Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;(3)(a)(ii)(B) Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act;(3)(a)(ii)(C) Title 78B, Chapter 15, Utah Uniform Parentage Act;(3)(a)(ii)(D) Title 81, Chapter 4, Dissolution of Marriage; or(3)(a)(ii)(E) Title 81, Chapter 9, Custody, Parent-time, and Visitation.(3)(b) If a court appoints a court-appointed therapist in a domestic case, a party to the domestic case may not file a report against the court-appointed therapist for unlawful or unprofessional conduct during the pendency of the domestic case, unless:(3)(b)(i) the party has requested that the court release the court-appointed therapist from the appointment; and(3)(b)(ii) the court finds good cause to release the court-appointed therapist from the appointment. - Person: means :