Except as modified in Section 58-60-103, the exemptions from licensure in Section 58-1-307 apply to this chapter.
Terms Used In Utah Code 58-60-107
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.
Hypnosis: means , when referring to individuals exempted from licensure under this chapter, a process by which an 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 58-60-102
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;
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
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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
In addition to the exemptions from licensure in Section 58-1-307, the following may engage in acts included within the definition of practice as a mental health therapist, subject to the stated circumstances and limitations, without being licensed under this chapter:
(a)
the following when practicing within the scope of the license held:
a recognized member of the clergy while functioning in a ministerial capacity as long as the member of the clergy does not represent that the member of the clergy is, or use the title of, a license classification in Subsection 58-60-102(5);
(c)
an individual who is offering expert testimony in a proceeding before a court, administrative hearing, deposition upon the order of a court or other body having power to order the deposition, or a proceeding before a master, referee, or alternative dispute resolution provider;
(d)
an individual engaged in performing hypnosis who is not licensed under this title in a profession which includes hypnosis in its scope of practice, and who:
(i)
(A)
induces a hypnotic state in a client for the purpose of increasing motivation or altering lifestyles or habits, such as eating or smoking, through hypnosis;
(B)
consults with a client to determine current motivation and behavior patterns;
(C)
prepares the client to enter hypnotic states by explaining how hypnosis works and what the client will experience;
(D)
tests clients to determine degrees of suggestibility;
(E)
applies hypnotic techniques based on interpretation of consultation results and analysis of client’s motivation and behavior patterns; and
(F)
trains clients in self-hypnosis conditioning;
(ii)
may not:
(A)
engage in the practice of mental health therapy;
(B)
use the title of a license classification in Subsection 58-60-102(5); or
(C)
use hypnosis with or treat a medical, psychological, or dental condition defined in generally recognized diagnostic and statistical manuals of medical, psychological, or dental disorders;
(e)
an individual’s exemption from licensure under Subsection 58-1-307(1)(b) terminates when the student’s training is no longer supervised by qualified faculty or staff and the activities are no longer a defined part of the degree program;
(f)
an individual holding an earned doctoral degree or master’s degree in social work, marriage and family therapy, or clinical mental health counseling, who is employed by an accredited institution of higher education and who conducts research and teaches in that individual’s professional field, but only if the individual does not engage in providing or supervising professional services regulated under this chapter to individuals or groups regardless of whether there is compensation for the services;
(g)
an individual in an on-the-job training program approved by the division while under the supervision of qualified persons;
(h)
an individual providing general education in the subjects of alcohol, drug use, or substance use disorders, including prevention;
(i)
an individual providing advice or counsel to another individual in a setting of their association as friends or relatives and in a nonprofessional and noncommercial relationship, if there is no compensation paid for the advice or counsel; and
(j)
an individual who is licensed, in good standing, to practice mental health therapy or substance use disorder counseling in a state or territory of the United States outside of Utah may provide short term transitional mental health therapy remotely or short term transitional substance use disorder counseling remotely to a client in Utah if:
(i)
the individual is present in the state or territory where the individual is licensed to practice mental health therapy or substance use disorder counseling;
(ii)
the client relocates to Utah;
(iii)
the client is a client of the individual immediately before the client relocates to Utah;
(iv)
the individual provides the short term transitional mental health therapy or short term transitional substance use disorder counseling remotely to the client only during the 90 day period beginning on the day on which the client relocates to Utah;
(v)
within one day after the day on which the individual first provides mental health therapy or substance use disorder counseling remotely to the client in Utah, the individual provides written notice to the division of the individual’s intent to provide short term transitional mental health therapy or short term transitional substance use disorder counseling remotely to the client; and
(vi)
the individual does not engage in unlawful conduct or unprofessional conduct.
(3)
(a)
As used in this Subsection (3):
(i)
“Prescribe” means the same as that term is defined in Section 58-17b-102.
(ii)
“Prescription drug” means the same as that term is defined in Section 58-17b-102.
(b)
Except as otherwise provided in an interstate compact enacted under this title, an individual who is licensed, in good standing, to practice mental health therapy or substance use disorder counseling in a state or territory of the United States outside of Utah, and who provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah:
(i)
may not prescribe a prescription drug for a client in Utah unless the individual is licensed in Utah to prescribe the prescription drug;
(ii)
shall, before providing mental health therapy remotely or substance use disorder counseling remotely to a client in Utah, be aware of:
(A)
how to access emergency services and resources in Utah; and
(B)
all applicable laws and rules regarding the required or permitted reporting or disclosing of confidential client communications;
(iii)
shall, within one day after the day on which the individual first provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah, submit to the division a signed notice, in the form required by the division, notifying the division that the individual is providing therapy or counseling under the exemption in this Subsection (3); and
(iv)
shall obtain a Utah license:
(A)
within nine months after the day on which the individual first provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah; or
(B)
if at any time the individual provides mental health therapy remotely or substance use disorder counseling remotely to more than one client in Utah.
(4)
The division shall report to the Health and Human Services Interim Committee at or before the committee’s October 2026 meeting regarding the exemption described in Subsection (3), including information about any complaints the division has received concerning individuals who have provided therapy or counseling under that exemption.
