Part 1 General Provisions 58-60-101 – 58-60-117
Part 2 Social Worker Licensing Act 58-60-201 – 58-60-207
Part 3 Marriage and Family Therapist Licensing Act 58-60-301 – 58-60-308
Part 4 Clinical Mental Health Counselor Licensing Act 58-60-401 – 58-60-407
Part 5 Substance Use Disorder Counselor Act 58-60-501 – 58-60-511

Terms Used In Utah Code > Title 58 > Chapter 60 - Mental Health Professional Practice Act

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Adjudicative proceeding: means an action or proceeding of the office conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 26B-9-201
  • Administrative order: means an order that has been issued by the office, the department, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 26B-9-201
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Assess: means the use of diagnostic procedures, tests, and interview techniques generally accepted as standard in mental health therapy to diagnose any condition related to mental, emotional, behavioral, and social disorders or dysfunctions. See Utah Code 58-60-302
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance: means public assistance as defined in Section 26B-9-101. See Utah Code 26B-9-201
  • Board: means the Social Worker Licensing Board created in Section 58-60-203. See Utah Code 58-60-202
  • Board: means the Marriage and Family Therapist Licensing Board created in Section 58-60-303. See Utah Code 58-60-302
  • Board: means the Clinical Mental Health Counselor Licensing Board created in Section 58-60-403. See Utah Code 58-60-402
  • Board: means the Substance Use Disorder Counselor Licensing Board created in Section 58-60-503. See Utah Code 58-60-502
  • Child: means :
    (a) a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;
    (b) a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or
    (c) a son or daughter of any age who is incapacitated from earning a living and is without sufficient means. See Utah Code 26B-9-201
  • Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201
  • Child support guidelines: means guidelines as defined in Section 78B-12-102. See Utah Code 26B-9-201
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counseling: includes :
    (i) methods that are sensitive to an individual client's characteristics, to the influence of significant others, and to the client's cultural and social context; and
    (ii) an understanding, appreciation, and ability to appropriately use the contributions of various addiction counseling models as the counseling models apply to modalities of care for individuals, groups, families, couples, and significant others. See Utah Code 58-60-502
  • Court order: means a judgment or order of a tribunal of appropriate jurisdiction of this state, another state, Native American tribe, the federal government, or any other comparable jurisdiction. See Utah Code 26B-9-201
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Direct supervision: means :
    (a) a minimum of one hour of supervision by a supervisor of the substance use disorder counselor for every 40 hours of client care provided by the substance use disorder counselor, which supervision may include group supervision;
    (b) the supervision is conducted in a face-to-face manner, unless otherwise approved on a case-by-case basis by the division in collaboration with the board; and
    (c) a supervisor is available for consultation with the counselor at all times. See Utah Code 58-60-502
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Group supervision: means more than one counselor licensed under this part meets with the supervisor at the same time. See Utah Code 58-60-502
  • Hypnosis: means , when referring to individuals exempted from licensure under this chapter, a process by which an individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits. See Utah Code 58-60-102
  • Income: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-201
  • Individual: means a natural person. See Utah Code 58-60-102
  • 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.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Mental illness: means a mental or emotional condition defined in an approved diagnostic and statistical manual for mental disorders generally recognized in the professions of mental health therapy listed under Subsection (5). See Utah Code 58-60-102
  • Notice of agency action: means the notice required to commence an adjudicative proceeding in accordance with Section 63G-4-201. See Utah Code 26B-9-201
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means an individual, this state, another state, or other comparable jurisdiction to whom a duty of child support is owed, or who is entitled to reimbursement of child support or public assistance. See Utah Code 26B-9-201
  • Obligor: means a person, firm, corporation, or the estate of a decedent owing a duty of support to this state, to an individual, to another state, or other corporate jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-201
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-201
  • Parent: means a natural parent or an adoptive parent of a dependent child. See Utah Code 26B-9-201
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Past-due support: means the same as support debt. See Utah Code 26B-9-201
  • 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
  • Person: means :Utah Code 68-3-12.5
  • Person: includes an individual, firm, corporation, association, political subdivision, department, or office. See Utah Code 26B-9-201
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Practice of certified social work: includes :
    (a) the supervised practice of mental health therapy by a clinical social worker by observation, description, evaluation, interpretation, intervention, and treatment to effect modification of behavior by the application of generally recognized professional social work principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunctions, the symptoms of any of these, or maladaptive behavior;
    (b) the supervised or independent and unsupervised application of generally recognized professional social work principles and practices requiring the education, training, and experience of a certified social worker; and
    (c) supervision of the practice of a social service worker as the supervision is required under this chapter and as further defined by division rule. See Utah Code 58-60-202
  • 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 clinical social work: includes :
    (a) the practice of mental health therapy by observation, description, evaluation, interpretation, intervention, and treatment to effect modification of behavior by the application of generally recognized professional social work 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;
    (b) the application of generally recognized psychotherapeutic and social work principles and practices requiring the education, training, and clinical experience of a clinical social worker; and
    (c) supervision of the practice of a certified social worker or social service worker as the supervision is required under this chapter and as further defined by division rule. See Utah Code 58-60-202
  • Practice of marriage and family therapy: includes :
    (a) the process of providing professional mental health therapy including psychotherapy to individuals, couples, families, or groups;
    (b) utilizing established principles that recognize the interrelated nature of individual problems and dysfunctions in family members to assess, diagnose, and treat mental, emotional, and behavioral disorders;
    (c) individual, premarital, relationship, marital, divorce, and family therapy;
    (d) specialized modes of treatment for the purpose of diagnosing and treating mental, emotional, and behavioral disorders, modifying interpersonal and intrapersonal dysfunction, and promoting mental health; and
    (e) assessment utilized to develop, recommend, and implement appropriate plans of treatment, dispositions, and placement related to the functioning of the individual, couple, family, or group. See Utah Code 58-60-302
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means a substance use disorder agency that provides substance use disorder services, including recovery support services. See Utah Code 58-60-502
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Recovery support services: means services provided to an individual who is identified as having need of substance use disorder preventive or treatment services, either before, during, or after an episode of care that meets the level of care standards established by division rule. See Utah Code 58-60-502
  • Remotely: means communicating via Internet, telephone, or other electronic means that facilitate real-time audio or visual interaction between individuals when they are not physically present in the same room at the same time. See Utah Code 58-60-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Substance use disorder agency: means a public or private agency, health care facility, or health care practice that:
    (a) provides substance use disorder services, recovery support services, primary health care services, or substance use disorder preventive services; and
    (b) employs qualified mental health therapists in sufficient number to:
    (i) evaluate the condition of clients being treated by each counselor licensed under this part and employed by the substance use disorder agency; and
    (ii) ensure that appropriate substance use disorder services are being given. See Utah Code 58-60-502
  • Substance use disorder education program: means a formal program of substance use disorder education offered by an accredited institution of higher education that meets standards established by division rule. See Utah Code 58-60-502
  • Support: includes past-due, present, and future obligations established by:
    (a) a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a dependent child; and
    (b) a tribunal for the financial support of a spouse or former spouse with whom the obligor's dependent child resides if the obligor also owes a child support obligation that is being enforced by the state. See Utah Code 26B-9-201
  • Support order: means the same as child support order. See Utah Code 26B-9-201
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tribunal: means the district court, the department, the Office of Recovery Services, or court or administrative agency of any state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction. See Utah Code 26B-9-201
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unlawful conduct: is a s defined in Sections 58-1-501 and 58-60-109. See Utah Code 58-60-102
  • 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
  • Writing: includes :Utah Code 68-3-12.5