Utah Code 58-60-407. Scope of practice — Limitations

58-60-407. Scope of practice — Limitations.

(1)

Terms Used In Utah Code 58-60-407

Board: means the Clinical Mental Health Counselor Licensing Board created in Section 58-60-403. See Utah Code 58-60-402
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

Person: means :Utah Code 68-3-12.5

Practice of clinical mental health counseling: means 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 clinical mental health counseling principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, symptoms of any of these, or maladaptive behavior. See Utah Code 58-60-402

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 Writing: includes :Utah Code 68-3-12.5
(a)	A licensed clinical mental health counselor may engage in all acts and practices defined as the practice of clinical mental health counseling without supervision, in private and independent practice, or as an employee of another person, limited only by the licensee’s education, training, and competence.

(b)	A licensed clinical mental health counselor may not supervise more than six individuals who are lawfully engaged in training for the practice of mental health therapy, unless granted an exception in writing from the division in collaboration with the board.

(2)

(a)

To the extent an individual has completed the educational requirements of Subsection 58-60-305(1)(c), a licensed associate clinical mental health counselor may engage in all acts and practices defined as the practice of clinical mental health counseling if the practice is:

(i)	within the scope of employment as a licensed clinical mental health counselor with a public agency or private clinic as defined by division rule; and

(ii)	under supervision of a qualified licensed mental health therapist as defined in Section 58-60-102.

(b)	A licensed associate clinical mental health counselor may not engage in the independent practice of clinical mental health counseling.

Amended by Chapter 339, 2020 General Session

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