Terms Used In Utah Code > Title 58 > Chapter 61 - Psychologist Licensing Act

• Biological sex at birth: means an individual's sex, as being male or female,

  according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. See Utah Code 26B-8-101

• Board: means the Behavioral Health Board created in Section Utah Code 58-61-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confidential communication: means information obtained by an individual licensed or registered under this part, including information obtained by the individual's observation of or interview with the client, patient, or authorized agent, which is:
       (1)(a)

            (1)(a)(i) transmitted between the client, patient, or authorized agent and an individual licensed or registered under this part in the course of that relationship; or

            (1)(a)(ii) transmitted among the client, patient, or authorized agent, an individual licensed or registered under this part, and individuals who are participating in the assessment or treatment in conjunction with an individual licensed or registered under this part, including the authorized agent or members of the client's or patient's family; and
       (1)(b) made in confidence, for the assessment or treatment of the client or patient by the individual who is licensed or registered under this part, and by a means not intended to be disclosed to a third party other than an individual:

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

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

            (1)(b)(iii) participating in the assessment and treatment of the client or patient in conjunction with the behavior analyst or behavior specialist. See Utah Code 58-61-702
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Hypnosis: means , regarding individuals exempted from licensure under this chapter, a process by which one individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits. See Utah Code 58-61-102
• Individual: means a natural person. See Utah Code 58-61-102
• 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.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Licensed assistant behavior analyst: means an individual licensed under this part to engage in the practice of behavior analysis under the supervision of a qualified supervisor, as defined by the division by administrative rule. See Utah Code 58-61-702
• Licensed behavior analyst: means an individual licensed under this part to engage in the practice of behavior analysis. See Utah Code 58-61-702
• 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
• Local registrar: means a person appointed under Subsection 26B-8-102(3)(b). See Utah Code 26B-8-101
• Mental health therapist: means an individual licensed under this title as a:
       (6)(a) physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;
       (6)(b) an advanced practice registered nurse, specializing in psychiatric mental health nursing;
       (6)(c) an advanced practice registered nurse intern, specializing in psychiatric mental health nursing;
       (6)(d) psychologist qualified to engage in the practice of mental health therapy;
       (6)(e) a certified psychology resident qualifying to engage in the practice of mental health therapy;
       (6)(f) clinical social worker;
       (6)(g) certified social worker;
       (6)(h) marriage and family therapist;
       (6)(i) an associate marriage and family therapist;
       (6)(j) a clinical mental health counselor; or
       (6)(k) an associate clinical mental health counselor. See Utah Code 58-61-102
• 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 (6). See Utah Code 58-61-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Office: means the Office of Vital Records and Statistics within the department. See Utah Code 26B-8-101
• 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
• Practice of behavior analysis: means the design and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior and includes the following:
            (4)(a)(i) the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis;
            (4)(a)(ii) interventions based on scientific research and the direct observation and measurement of behavior and environment; and
            (4)(a)(iii) utilization of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. See Utah Code 58-61-702
• 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
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• register: means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state. See Utah Code 26B-8-101
• Registered assistant behavior specialist: means an individual who:
       (5)(a) is employed:

            (5)(a)(i) as a professional engaging in the practice of behavior analysis within an organization contracted under a division of the Utah Department of Human Services;

            (5)(a)(ii) to provide behavior analysis; and

            (5)(a)(iii) on or before May 15, 2015;
       (5)(b) limits the practice of behavior analysis to the contract described in Subsection (5)(a)(i); and
       (5)(c) is registered under this part with the division to engage in the practice of behavior analysis under the supervision of a qualified supervisor, as defined by the division by administrative rule. See Utah Code 58-61-702
• Registered behavior specialist: means an individual who:
       (6)(a) is employed:

            (6)(a)(i) as a professional engaging in the practice of behavior analysis within an organization contracted under a division of the Utah Department of Human Services to provide behavior analysis; and

            (6)(a)(ii) on or before May 15, 2015;
       (6)(b) limits the practice of behavior analysis to the contract described in Subsection (6)(a)(i); and
       (6)(c) is registered under this part with the division to engage in the practice of behavior analysis. See Utah Code 58-61-702
• 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 58-61-102
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• United States: includes each state, district, and territory of the United States of America. 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
• unlawful conduct: includes :
  (1) practice of behavior analysis unless licensed as a behavior analyst or assistant behavior analyst under this part, registered as a behavior specialist or assistant behavior specialist, or exempted from licensure or registration under this title; or
  (2) representing oneself as or using the title of licensed behavior analyst or licensed assistant behavior analyst unless currently licensed under this part. See Utah Code 58-61-709
• 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
• unprofessional conduct: includes :
  (1) using or employing the services of any individual to assist a licensed behavior analyst, licensed assistant behavior analyst, registered behavior specialist, or registered assistant behavior specialist in any manner not in accordance with the generally recognized practices, standards, or ethics of the profession for which the individual is licensed or the laws of the state, including:

       (1)(a) acting as a supervisor or accepting supervision of a supervisor without complying with or ensuring compliance with the requirements of administrative rule adopted by the division;

       (1)(b) engaging in and aiding or abetting conduct or practices that are false, dishonest, deceptive, or fraudulent;

       (1)(c) engaging in or aiding or abetting deceptive or fraudulent billing practices;

       (1)(d) failing to establish and maintain appropriate professional boundaries with a client or former client;

       (1)(e) engaging in or promising a personal, scientific, professional, financial, or other relationship with a client if it appears likely that such a relationship reasonably might impair the behavior analyst's or registered behavior specialist's objectivity or might harm or exploit the client;

       (1)(f) engaging in sexual activities or sexual contact with a client with or without client consent;

       (1)(g) engaging in sexual activities or sexual contact with a former client within two years of documented termination of services;

       (1)(h) engaging in sexual activities or sexual contact at any time with a former client who is especially vulnerable or susceptible to being disadvantaged because of the client's personal history, current mental status, or any condition that could reasonably be expected to place the client at a disadvantage, recognizing the power imbalance that exists or may exist between the behavior analyst or registered behavior specialist and the client;

       (1)(i) engaging in or aiding or abetting sexual harassment or any conduct that is exploitive or abusive with respect to a student, trainee, employee, or colleague with whom the licensee has supervisory or management responsibility;

       (1)(j) exploiting a client for personal gain;

       (1)(k) using a professional client relationship to exploit a client or other person for personal gain;

       (1)(l) failing to maintain appropriate client records for a period of not less than seven years from the documented termination of services to the client;

       (1)(m) failing to obtain informed consent from the client or legal guardian before taping, recording, or permitting third party observations of client care or records;

       (1)(n) failing to cooperate with the division during an investigation;

       (1)(o) using the abbreviated title of LBA unless licensed in the state as a behavior analyst;

       (1)(p) using the abbreviated title of LaBA unless licensed in the state as an assistant behavior analyst;

       (1)(q) failing to make reasonable efforts to notify a client and seek the transfer or referral of services, according to the client's needs or preferences, when a behavior analyst anticipates the interruption or termination of services to a client;

       (1)(r) failing to provide for orderly and appropriate resolution of responsibility for client care in the event that the employment or contractual relationship ends, according to the client's needs and preferences;

       (1)(s) failing to make reasonable steps to avoid abandoning a client who is still in need of services;

       (1)(t) failing to report conviction of a felony or misdemeanor directly relating to the practice of behavior analysis or public health and safety;

       (1)(u) failing to report revocation or suspension of certification from the Behavior Analyst Certification Board; and

       (1)(v) failure to confine practice conduct to those acts or practices in which the individual is competent by education, training, and experience within limits of education, training, and experience; and
  (2) other conduct as further defined by administrative rule adopted by the division. See Utah Code 58-61-710
• Vital statistics: means the data derived from registered certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment. See Utah Code 26B-8-101