58-60-112. Reporting of unprofessional or unlawful conduct — Immunity from liability — Reporting conduct of court-appointed therapist.
(1)
Upon learning of an act of unlawful or unprofessional conduct as defined in Section 58-60-102 by a person licensed under this chapter or an individual not licensed under this chapter and engaged in acts or practices regulated under this chapter, that results in disciplinary action by a licensed health care facility, professional practice group, or professional society, or that results in a significant adverse impact upon the public health, safety, or welfare, the following shall report the conduct in writing to the division within 10 days after learning of the disciplinary action or the conduct unless the individual or person knows it has been reported:
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.
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;
a licensed health care facility or organization in which an individual licensed under this chapter engages in practice;
(b)
an individual licensed under this chapter; and
(c)
a professional society or organization whose membership is individuals licensed under this chapter and which has the authority to discipline or expel a member for acts of unprofessional or unlawful conduct.
(2)
Any individual reporting acts of unprofessional or unlawful conduct by an individual licensed under this chapter is immune from liability arising out of the disclosure to the extent the individual furnishes the information in good faith and without malice.
(3)
(a)
As used in this Subsection (3):
(i)
“Court-appointed therapist” means a mental health therapist ordered by a court to provide psychotherapeutic treatment to an individual, a couple, or a family in a domestic case.
If a court appoints a court-appointed therapist in a domestic case, a party to the domestic case may not file a report against the court-appointed therapist for unlawful or unprofessional conduct during the pendency of the domestic case, unless:
(i)
the party has requested that the court release the court-appointed therapist from the appointment; and
(ii)
the court finds good cause to release the court-appointed therapist from the appointment.
