58-60-110.  Unprofessional conduct.

(1)  As used in this chapter, “unprofessional conduct” includes:

Terms Used In Utah Code 58-60-110

  • Confidential communication: means information obtained by an individual licensed under this chapter, including information obtained by the individual's examination of the client or patient, which is:
(a) 
(i) transmitted between the client or patient and an individual licensed under this chapter in the course of that relationship; or
(ii) transmitted among the client or patient, an individual licensed under this chapter, and individuals who are participating in the diagnosis or treatment under the direction of an individual licensed under this chapter, including members of the client's or patient's family; and
(b) made in confidence, for the diagnosis or treatment of the client or patient by the individual licensed under this chapter, and by a means not intended to be disclosed to third persons other than those individuals:
(i) present to further the interest of the client or patient in the consultation, examination, or interview;
(ii) reasonably necessary for the transmission of the communications; or
(iii) participating in the diagnosis and treatment of the client or patient under the direction of the mental health therapist. See Utah Code 58-60-102
  • Individual: means a natural person. See Utah Code 58-60-102
  • patient: means an individual who consults or is examined or interviewed by an individual licensed under this chapter who is acting in the individual's professional capacity. 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
  • Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-60-110, and may be further defined by division rule. See Utah Code 58-60-102
  • (a)  using or employing the services of any individual to assist a licensee 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;

    (b)  failure to confine practice conduct to those acts or practices:

    (i)  in which the individual is competent by education, training, and experience within limits of education, training, and experience; and

    (ii)  which are within applicable scope of practice laws of this chapter;

    (c)  disclosing or refusing to disclose any confidential communication under Section 58-60-114 or 58-60-509; and

    (d)  a pattern of failing to offer a patient the opportunity to waive the patient’s privacy rights under the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R., Parts 160 and 164.

    (2)  “Unprofessional conduct” under this chapter may be further defined by division rule.

    (3)  Notwithstanding Section 58-1-401, the division may not act upon the license of a licensee for unprofessional conduct under Subsection (1)(d).

    Amended by Chapter 419, 2019 General Session