Utah Code 58-60-502. Definitions

In addition to the definitions in Sections 58-1-102 and 58-60-102, as used in this part:

(1)

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 58-60-502

Board: means the Behavioral Health Board created in Section Utah Code 58-60-102
Clinical supervisor: means an individual who oversees and mentors one or more mental health therapists licensed under this chapter, and who:
     (4)(a)
          (4)(a)(i) is licensed, in good standing, as a mental health therapist;
          (4)(a)(ii) is approved or certified in good standing as a supervisor by a national professional organization for social work, mental health counseling, addiction counseling, marriage and family therapy, psychology, medicine, or nursing, or other organization as approved by the division;
          (4)(a)(iii)
               (4)(a)(iii)(A) has completed eight or more hours of supervision instruction that meets minimum standards established by the division in rule; or
               (4)(a)(iii)(B) has completed a graduate course on clinical supervision from an accredited program;
          (4)(a)(iv) completes continuing education in clinical supervision, as established by the division in rule; and
          (4)(a)(v) provides supervision to no more than the number of individuals to whom the supervisor can reasonably provide clinical supervision by performing the duties and responsibilities of a supervisor, including:
               (4)(a)(v)(A) being available to the supervisee for consultation by personal face-to-face contact, or by direct voice contact by telephone, video conference, or other means within a reasonable time frame;
               (4)(a)(v)(B) providing instruction, direction, oversight, observation, evaluation, and feedback, to enable the supervisee to acquire the knowledge, skills, techniques, and abilities necessary to engage in the practice of behavioral health care ethically, safely, and competently; and
               (4)(a)(v)(C) maintaining routine personal contact with the supervisee; and
     (4)(b)
          (4)(b)(i) is qualified and acting as a valid supervisor, in accordance with applicable law and division rules, as of April 30, 2024; and
          (4)(b)(ii) has satisfied the requirements of Subsection (4)(a), as of January 1, 2027. See Utah Code 58-60-102
Counseling: includes :
(1)(b)(i) methods that are sensitive to an individual client's characteristics, to the influence of significant others, and to the client's cultural and social context; and
(1)(b)(ii) an understanding, appreciation, and ability to appropriately use the contributions of various addiction counseling models as the counseling models apply to modalities of care for individuals, groups, families, couples, and significant others. See Utah Code 58-60-502
Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
Group supervision: means more than one counselor licensed under this part meets with the supervisor at the same time. See Utah Code 58-60-502
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
Mental illness: means a mental or emotional condition defined in an approved diagnostic and statistical manual for mental disorders generally recognized in the professions of mental health therapy listed under Subsection (15). See 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
Practice as a master addiction counselor: means the practice of mental health therapy by means of observation, description, evaluation, interpretation, intervention, and treatment to effect modification of human behavior by:
(7)(a) the application of generally recognized substance use disorder counseling and addiction counseling principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, symptoms of any of these, or maladaptive behavior; and
(7)(b) the supervision of an advanced substance use disorder counselor or a substance use disorder counselor. See Utah Code 58-60-502
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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Program: means a substance use disorder agency that provides substance use disorder services, including recovery support services. See Utah Code 58-60-502
Recovery support services: means services provided to an individual who is identified as having need of substance use disorder preventive or treatment services, either before, during, or after an episode of care that meets the level of care standards established by division rule. See Utah Code 58-60-502
Remotely: means communicating via Internet, telephone, or other electronic means that facilitate real-time audio or visual interaction between individuals when they are not physically present in the same room at the same time. See Utah Code 58-60-102
Substance use disorder agency: means a public or private agency, health care facility, or health care practice that:
     (12)(a) provides substance use disorder services, recovery support services, primary health care services, or substance use disorder preventive services; and
     (12)(b) employs qualified mental health therapists in sufficient number to:
          (12)(b)(i) evaluate the condition of clients being treated by each counselor licensed under this part and employed by the substance use disorder agency; and
          (12)(b)(ii) ensure that appropriate substance use disorder services are being given. See Utah Code 58-60-502
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) “Counseling” means a collaborative process that facilitates the client’s progress toward mutually determined treatment goals and objectives.

(1)(b) “Counseling” includes:

(1)(b)(i) methods that are sensitive to an individual client’s characteristics, to the influence of significant others, and to the client’s cultural and social context; and

(1)(b)(ii) an understanding, appreciation, and ability to appropriately use the contributions of various addiction counseling models as the counseling models apply to modalities of care for individuals, groups, families, couples, and significant others.

(2) “Direct supervision” means:

(2)(a) a minimum of one hour of supervision by a supervisor of the substance use disorder counselor for every 40 hours of client care provided by the substance use disorder counselor, which supervision may include group supervision;

(2)(b) the supervision is conducted in a face-to-face manner, unless otherwise approved on a case-by-case basis by the division in collaboration with the board; and

(2)(c) a supervisor is available for consultation with the counselor at all times.

(3) “General supervision” shall be defined by division rule.

(4) “Group supervision” means more than one counselor licensed under this part meets with the supervisor at the same time.

(5) “Individual supervision” means only one counselor licensed under this part meets with the supervisor at a given time.

(6) “Practice as an advanced substance use disorder counselor” means:

(6)(a) providing the services described in Subsections (9)(a) and (b);

(6)(b) screening and assessing of individuals, including identifying substance use disorder symptoms and behaviors and co-occurring mental health issues;

(6)(c) treatment planning for substance use disorders, including initial planning, reviewing and updating treatment plans for substance use disorders, ongoing intervention, continuity of care, discharge planning, planning for relapse prevention, and long term recovery support;

(6)(d) supervising a substance use disorder counselor in accordance with Subsection 58-60-508(2); and

(6)(e) conducting supportive counseling and psychosocial education for substance use disorders and co-occurring mental health disorders, including:

(6)(e)(i) providing individual and group support;

(6)(e)(ii) providing individual and group psychosocial education; and

(6)(e)(iii) providing manualized therapeutic interventions if:

(6)(e)(iii)(A) conducted under the supervision of a mental health therapist;

(6)(e)(iii)(B) for the treatment of mild to moderate behavioral health symptoms or disorders, as diagnosed by a mental health therapist; and

(6)(e)(iii)(C) consistent with the client’s treatment plan approved by a mental health therapist.

(7) “Practice as a master addiction counselor” means the practice of mental health therapy by means of observation, description, evaluation, interpretation, intervention, and treatment to effect modification of human behavior by:

(7)(a) the application of generally recognized substance use disorder counseling and addiction counseling principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, symptoms of any of these, or maladaptive behavior; and

(7)(b) the supervision of an advanced substance use disorder counselor or a substance use disorder counselor.

(8) “Practice as an associate master addiction counselor” means the same as the practice as a master addiction counselor, except while under the supervision of a clinical supervisor.

(9)

(9)(a) “Practice as a substance use disorder counselor” means providing services as an employee of a substance use disorder agency under the general supervision of a licensed mental health therapist to individuals or groups of persons, whether in person or remotely, for conditions of substance use disorders consistent with the education and training of a substance use disorder counselor required under this part, and the standards and ethics of the profession as approved by the division in collaboration with the board.

(9)(b) “Practice as a substance use disorder counselor” includes:

(9)(b)(i) administering the screening process by which a client is determined to need substance use disorder services, which may include screening, brief intervention, and treatment referral;

(9)(b)(ii) conducting the administrative intake procedures for admission to a program;

(9)(b)(iii) conducting orientation of a client, including:

(9)(b)(iii)(A) describing the general nature and goals of the program;

(9)(b)(iii)(B) explaining rules governing client conduct and infractions that can lead to disciplinary action or discharge from the program;

(9)(b)(iii)(C) explaining hours during which services are available in a nonresidential program;

(9)(b)(iii)(D) treatment costs to be borne by the client, if any; and

(9)(b)(iii)(E) describing the client’s rights as a program participant;

(9)(b)(iv) conducting assessment procedures by which a substance use disorder counselor gathers information related to an individual’s strengths, weaknesses, needs, and substance use disorder symptoms for the development of the treatment plan;

(9)(b)(v) participating in the process of treatment planning, including recommending specific interventions to support existing treatment goals and objectives developed by the substance use disorder counselor, the mental health therapist, and the client to:

(9)(b)(v)(A) identify and rank problems needing resolution;

(9)(b)(v)(B) establish agreed upon immediate and long term goals; and

(9)(b)(v)(C) decide on a treatment process and the resources to be utilized;

(9)(b)(vi) monitoring compliance with treatment plan progress;

(9)(b)(vii) providing substance use disorder counseling services to alcohol and drug use disorder clients and significant people in the client’s life as part of a comprehensive treatment plan, including:

(9)(b)(vii)(A) leading specific task-oriented groups, didactic groups, and group discussions;

(9)(b)(vii)(B) cofacilitating group therapy with a licensed mental health therapist; and

(9)(b)(vii)(C) engaging in one-on-one interventions and interactions coordinated by a mental health therapist;

(9)(b)(viii) performing case management activities that bring services, agencies, resources, or people together within a planned framework of action toward the achievement of established goals, including, when appropriate, liaison activities and collateral contacts;

(9)(b)(ix) providing substance use disorder crisis intervention services;

(9)(b)(x) providing client education to individuals and groups concerning alcohol and other substance use disorders, including identification and description of available treatment services and resources;

(9)(b)(xi) identifying the needs of the client that cannot be met by the substance use disorder counselor or substance use disorder agency and referring the client to appropriate services and community resources;

(9)(b)(xii) developing and providing effective reporting and recordkeeping procedures and services, which include charting the results of the assessment and treatment plan, writing reports, progress notes, discharge summaries, and other client-related data; and

(9)(b)(xiii) consulting with other professionals in regard to client treatment and services to assure comprehensive quality care for the client.

(9)(c) “Practice as a substance use disorder counselor” does not include:

(9)(c)(i) the diagnosing of mental illness, including substance use disorders, as defined in Section 58-60-102;

(9)(c)(ii) engaging in the practice of mental health therapy as defined in Section 58-60-102; or

(9)(c)(iii) the performance of a substance use disorder diagnosis, other mental illness diagnosis, or psychological testing.

(10) “Program” means a substance use disorder agency that provides substance use disorder services, including recovery support services.

(11) “Recovery support services” means services provided to an individual who is identified as having need of substance use disorder preventive or treatment services, either before, during, or after an episode of care that meets the level of care standards established by division rule.

(12) “Substance use disorder agency” means a public or private agency, health care facility, or health care practice that:

(12)(a) provides substance use disorder services, recovery support services, primary health care services, or substance use disorder preventive services; and

(12)(b) employs qualified mental health therapists in sufficient number to:

(12)(b)(i) evaluate the condition of clients being treated by each counselor licensed under this part and employed by the substance use disorder agency; and

(12)(b)(ii) ensure that appropriate substance use disorder services are being given.

(13) “Substance use disorder education program” means a formal program of substance use disorder education offered by an accredited institution of higher education that meets standards established by division rule.

Previous section

Next section

Part 5 Contents