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

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Applicant: means an individual that provides information to an employer for the purpose of obtaining employment. See Utah Code 34-46-102
  • 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
  • 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
  • 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
  • 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
  • Division: means the Labor Commission's Division of Antidiscrimination and Labor. See Utah Code 34-46-102
  • Employer: means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34-46-102
  • Employment selection process: means the process by which an employer selects an individual to be an employee for the employer. See Utah Code 34-46-102
  • 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.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • 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
  • Individual: means a natural person. See Utah Code 58-60-102
  • Initial selection process: means the receipt of information in a record from an applicant that the employer uses to determine whether the applicant will be considered for a second review for the position for which the applicant is applying. See Utah Code 34-46-102
  • 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.
  • 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 clinical social worker;
    (g) a certified social worker;
    (h) a marriage and family therapist;
    (i) an associate marriage and family therapist;
    (j) a clinical mental health counselor; or
    (k) an associate clinical mental health counselor. 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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.
  • 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
  • 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.
  • Principal: means a person who:
    (a) engages in any of the following activities with regard to a product or service:
    (i) manufactures;
    (ii) produces;
    (iii) imports;
    (iv) sells; or
    (v) distributes;
    (b) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and
    (c) agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102
  • 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
  • Record: means information that is:
    (a) inscribed on a tangible medium; or
    (b) 
    (i) received or stored in an electronic or other medium; and
    (ii) retrievable in perceivable form. See Utah Code 34-46-102
  • 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
  • sales representative: means a person who enters into a business relationship with a principal:
    (i) to solicit orders for a product or a service described in Subsection (4)(a); and
    (ii) under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102
  • 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
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
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