Utah Code 58-61-308. Scope of practice — Limitations
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Terms Used In Utah Code 58-61-308
- Board: means the Behavioral Health Board created in Section
Utah Code 58-61-102 - Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102 - Individual: means a natural person. See Utah Code 58-61-102
- Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
- patient: means an individual who consults or is examined or interviewed by a psychologist acting in his professional capacity. See Utah Code 58-61-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Practice of mental health therapy: means the treatment or prevention of mental illness, whether in person or remotely, including:
(8)(a) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder;(8)(b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (6);(8)(c) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and(8)(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 (6). See Utah Code 58-61-102- Practice of psychology: includes :
(9)(a)(i) 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 professional psychological principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, the symptoms of any of these, or maladaptive behavior;(9)(a)(ii) the observation, description, evaluation, interpretation, or modification of human behavior by the application of generally recognized professional principles, methods, or procedures requiring the education, training, and clinical experience of a psychologist, for the purpose of assessing, diagnosing, preventing, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health;(9)(a)(iii) psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning;(9)(a)(iv) counseling, marriage and family therapy, psychoanalysis, psychotherapy, hypnosis, and behavior analysis and therapy;(9)(a)(v) diagnosis and treatment of mental and emotional disorders of disability, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness, accident, injury, or disability; and(9)(a)(vi) psychoeducational evaluation, therapy, remediation, and consultation. See Utah Code 58-61-102(1)(a) Subject to Subsections (1)(b) through (f), an individual licensed as a psychologist may engage in all acts and practices defined as the practice of psychology without supervision, in private and independent practice, or as an employee of another person, limited only by the licensee‘s education, training, and competence.(1)(b) Only a certified prescribing psychologist or provisional prescribing psychologist may prescribe, administer, and discontinue selective serotonin reuptake inhibitors, and other medications approved under Subsection (1)(c), recognized in or customarily used in the diagnosis, treatment, and management of individuals with psychiatric, mental, cognitive, nervous, emotional, developmental, or behavioral disorders, including:(1)(b)(i) laboratory tests;(1)(b)(ii) diagnostic examinations; and(1)(b)(iii) procedures that are:(1)(b)(iii)(A) necessary to obtain laboratory tests or diagnostic examinations;(1)(b)(iii)(B) relevant to the practice of psychology; and(1)(b)(iii)(C) in accordance with division rule made in consultation with the board.(1)(c)(1)(c)(i) The division may, by rule made in consultation with the Physicians Licensing Board created in Section58-67-201 , approve medications other than selective serotonin reuptake inhibitors for prescribing by certified prescribing psychologists or provisional prescribing psychologists.(ii) If the division approves a medication under Subsection
(1) (c)(i), the division shall notify the Health and Human Services Interim Committee of the approval within 14 days after the day on which the medication is approved.(1)(d)(1)(d)(i) A certified prescribing psychologist may only prescribe psychotropic medication for a patient if the certified prescribing psychologist:(1)(d)(i)(A) identifies a health care practitioner currently overseeing the patient’s general medical care; and(1)(d)(i)(B) establishes and maintains a collaborative relationship with that health care practitioner.(1)(d)(ii) When prescribing a psychotropic medication for a patient, a certified prescribing psychologist shall establish and maintain a collaborative relationship with a health care practitioner who oversees the patient’s general medical care to ensure that:(1)(d)(ii)(A) necessary medical examinations are conducted;(1)(d)(ii)(B) the psychotropic medication is appropriate for the patient’s medical condition; and(1)(d)(ii)(C) significant changes in the patient’s medical or psychological conditions are discussed.(1)(d)(iii) A health care practitioner under Subsections (1)(c)(i) and (ii) shall be:(1)(d)(iii)(A) a physician licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act; or(1)(d)(iii)(B) a psychiatric mental health nurse practitioner, as defined in Section58-1-111 .(1)(e) A certified prescribing psychologist and provisional prescribing psychologist may not prescribe or administer:(1)(e)(i) narcotics; or(1)(e)(ii) controlled substances.(1)(f) The division, in consultation with the board and the Physicians Licensing Board created in Section58-67-201 , may make rules further defining this section’s limitations relating to prescribing psychology, allowable medications, and collaborative relationship requirements.(2) An individual certified as a psychology resident may engage in all acts and practices defined as the practice of psychology only under conditions of employment as a psychology resident and under the supervision of a licensed psychologist who is an approved psychology training supervisor as defined by division rule. A certified psychology resident shall not engage in the independent practice of psychology.(3)(3)(a) An individual licensed as a licensed school psychological practitioner may provide services outside of a school setting if the services are:(3)(a)(i) provided in accordance with the most recent professional standards adopted by the National Association of School Psychologists; and(3)(a)(ii) related to:(3)(a)(ii)(A) academic, behavioral, and mental health support;(3)(a)(ii)(B) academic evaluation, assessment, and data analysis; or(3)(a)(ii)(C) consultation with educators or families.(3)(b) An individual licensed as a licensed school psychological practitioner may not engage in diagnosing, the practice of mental health therapy, psychological evaluation, neuropsychological assessment, or neuropsychological evaluation. - Practice of mental health therapy: means the treatment or prevention of mental illness, whether in person or remotely, including: