Utah Code 58-61-502. Unprofessional conduct

(1)

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

Terms Used In Utah Code 58-61-502

Confidential communication: means information, including information obtained by the psychologist's examination of the client or patient, which is:

(a)

(i)	transmitted between the client or patient and a psychologist in the course of that relationship; or

(ii)	transmitted among the client or patient, the psychologist, and individuals who are participating in the diagnosis or treatment under the direction of the psychologist, 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 psychologist, 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 psychologist. See Utah Code 58-61-102 Individual: means a natural person. See Utah Code 58-61-102 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
(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; and

(c)	disclosing or refusing to disclose any confidential communication under Section 58-61-602.

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

Amended by Chapter 281, 2001 General Session

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