Utah Code 58-60-103. Licensure required

58-60-103. Licensure required.

(1)

Terms Used In Utah Code 58-60-103

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:

(a)	a physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;

(b)	an advanced practice registered nurse, specializing in psychiatric mental health nursing;

(c)	an advanced practice registered nurse intern, specializing in psychiatric mental health nursing;

(d)	a psychologist qualified to engage in the practice of mental health therapy;

(e)	a certified psychology resident qualifying to engage in the practice of mental health therapy;

(f)

a physician assistant specializing in mental health care under Section 58-70a-501. See Utah Code 58-60-102

Practice of mental health therapy: means treatment or prevention of mental illness, whether in person or remotely, including:

(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 (5);

(b)	establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (5);

(c)	prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and

(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 (5). See Utah Code 58-60-102

(a)

An individual shall be licensed under:

(i)	this chapter;

(ii)	Chapter 67, Utah Medical Practice Act;

(iii)

Chapter 68, Utah Osteopathic Medical Practice Act;

(iv)	Chapter 31b, Nurse Practice Act;

(v)	Chapter 61, Psychologist Licensing Act;

(vi)	Chapter 70a, Utah Physician Assistant Act; or

(vii)

exempted from licensure under this chapter.

(b)

Only an individual described in Subsection (1)(a) may:

(i)	engage in, or represent that the individual will engage in, the practice of mental health therapy, clinical social work, certified social work, marriage and family therapy, or clinical mental health counseling; or

(ii)

practice as, or represent that the individual is, a mental health therapist, clinical social worker, certified social worker, marriage and family therapist, clinical mental health counselor, psychiatrist, psychologist, registered psychiatric mental health nurse specialist, certified psychology resident, associate marriage and family therapist, or associate clinical mental health counselor.

(2)

An individual shall be licensed under this chapter or exempted from licensure under this chapter in order to:

(a)	engage in, or represent that the individual is engaged in, practice as a social service worker; or

(b)	represent that the individual is, or use the title of, a social service worker.

(3)

An individual shall be licensed under this chapter or exempted from licensure under this chapter in order to:

(a)	engage in, or represent that the individual is engaged in, practice as a substance use disorder counselor; or

(b)	represent that the individual is, or use the title of, a substance use disorder counselor.

(4)

Notwithstanding the provisions of Subsection 58-1-307(1)(c), an individual shall be certified under this chapter, or otherwise exempted from licensure under this chapter, in order to engage in an internship or residency program of supervised clinical training necessary to meet the requirements for licensure as:

(a)	a marriage and family therapist under 3; or

(b)	a clinical mental health counselor under 4.

Amended by Chapter 313, 2021 General Session

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