reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 4 - Clinical Mental Health Counselor Licensing Act › Section 404 - License classifications.

58-60-404.
License classifications.
The division shall issue licenses to individuals qualified under the provisions of this part in the classification of:
(1) a clinical mental health counselor; or
(2) an associate clinical mental health counselor.
Amended by Chapter 179, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 4 - Clinical Mental Health Counselor Licensing Act › Section 406 - Qualifications for admission to examination.

58-60-406.
Qualifications for admission to examination.
All applicants for admission to any examination qualifying an individual for licensure under this part shall:
(1) submit an application on a form provided by the division;
(2) pay the fee established by division rule for the examination; and
(3) certify under penalty of perjury as evidenced by notarized signature on the application for admission to the examination that the applicant has completed the education requirement and been awarded the earned degree required for licensure.
Enacted by Chapter 32, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 4 - Clinical Mental Health Counselor Licensing Act › Section 407 - Scope of practice -- Limitations.

Effective 5/12/2020
58-60-407.
Scope of practice -- Limitations.
(1)
(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
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 5 - Substance Use Disorder Counselor Act › Section 503 - Board.

58-60-503.
Board.
(1) There is created the Substance Use Disorder Counselor Licensing Board consisting of:
(a) three substance use disorder counselors;
(b) three mental health therapists qualified by education or experience to treat substance use disorder and who are currently practicing in the substance use disorder field; and
(c) one public member.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in the investigation of a complaint may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Amended by Chapter 179, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 5 - Substance Use Disorder Counselor Act › Section 504 - License classification.

58-60-504.
License classification.
The division shall issue substance use disorder counselor licenses to individuals qualified under this part in the classification of:
(1) licensed advanced substance use disorder counselor;
(2) certified advanced substance use disorder counselor;
(3) certified advanced substance use disorder counselor intern;
(4) licensed substance use disorder counselor;
(5) certified substance use disorder counselor; and
(6) certified substance use disorder counselor intern.
Amended by Chapter 179, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 5 - Substance Use Disorder Counselor Act › Section 507 - Qualifications for admission to examination.

58-60-507.
Qualifications for admission to examination.
All applicants for admission to any examination qualifying an individual for licensure under this part shall:
(1) submit an application on a form provided by the division; and
(2) pay the fee established for the examination.
Amended by Chapter 283, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 5 - Substance Use Disorder Counselor Act › Section 508 - Substance use disorder counselor supervisor's qualifications -- Functions.

Effective 5/14/2019
58-60-508.
Substance use disorder counselor supervisor's qualifications -- Functions.
(1) A mental health therapist supervisor of a substance use disorder counselor shall:
(a) be qualified by education or experience to treat substance use disorders;
(b) be currently working in the substance use disorder treatment field;
(c) review substance use disorder counselor assessment procedures and recommendations;
(d) provide substance use disorder diagnosis and other mental health diagnoses in accordance with Subsection 58-60-102(7);
(e) supervise the development of a treatment plan;
(f) approve the treatment plan; and
(g) provide direct supervision for not more than six persons, unless granted an exception in writing from the board and the division.
(2) A licensed advanced substance use disorder counselor may act as the supervisor of a certified substance use disorder counselor, certified substance use disorder counselor intern, certified advanced substance use disorder counselor, or certified advanced substance use disorder counselor intern if the licensed advanced substance use disorder counselor:
(a) has at least two years of experience as a licensed advanced substance use disorder counselor;
(b) is currently working in the substance use disorder field; and
(c) provides direct supervision for no more than six individuals, unless granted an exception in writing from the board and the division.
Amended by Chapter 393, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 5 - Substance Use Disorder Counselor Act › Section 509 - Confidentiality -- Exemptions.

Effective 5/3/2023
58-60-509.
Confidentiality -- Exemptions.
(1) A licensee under this part may not disclose any confidential communication with a client or patient without the express consent of:
(a) the client or patient;
(b) the parent or legal guardian of a minor client or patient; or
(c) the authorized agent of a client or patient.
(2) A licensee under this part is not subject to Subsection (1) if:
(a) the licensee is permitted or required by state or federal law, rule, regulation, or order to report or disclose any confidential communication, including:
(i) reporting under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult;
(ii) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports;
(iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn; or
(iv) reporting of a communicable disease as required under Section 26B-7-206;
(b) the disclosure is part of an administrative, civil, or criminal proceeding and is made under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
(c) the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 5 - Substance Use Disorder Counselor Act › Section 510 - Evidentiary privilege.

58-60-510.
Evidentiary privilege.
Evidentiary privilege for a licensee under this part concerning admissibility of any confidential communication in administrative, civil, or criminal proceedings is in accordance with Rule 506, Utah Rules of Evidence.
Amended by Chapter 283, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 5 - Substance Use Disorder Counselor Act › Section 511 - Experience requirement -- Transition of licensing and experience.

58-60-511.
Experience requirement -- Transition of licensing and experience.
(1) Except as otherwise approved in writing by the board and the division, an individual currently licensed as a substance abuse counselor may transition to the substance use disorder counselor license as follows:
(a) an individual who documents practice as a substance abuse counselor for six years or longer, by July 1, 2013, may apply for an advanced substance use disorder license;
(b) if an individual who has practiced as a substance abuse counselor for less than six years of experience meets the education requirements under Subsection 58-60-506(2)(a) by July 1, 2013, the individual may apply to the division for an advanced substance use disorder license;
(c) the division shall convert the license of an individual who has practiced for less than six years, and who is licensed as a substance abuse counselor, to a substance use disorder counselor license; or
(d) the division shall convert the license of an individual who is a certified substance abuse counselor, or a certified substance abuse counselor intern, to a certified substance use disorder counselor.
(2) An applicant working toward licensure under division rules in effect before July 1, 2012, who is enrolled in an approved education program, and has completed at least 100 hours of addiction-specific training before July 1, 2012, may be licensed in accordance with division rules.
Amended by Chapter 179, 2012 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60a - Counseling Compact › Part 1 - Compact Text › Section 101 - Section 1 -- Purpose.

Effective 5/4/2022
58-60a-101.
Section 1 -- Purpose.
The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to Professional Counseling services by providing for the mutual recognition of other Member State licenses;
B. Enhance the States' ability to protect the public's health and safety;
C. Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors;
D. Support spouses of relocating Active Duty Military personnel;
E. Enhance the exchange of licensure, investigative, and disciplinary information among Member States;
F. Allow for the use of Telehealth technology to facilitate increased access to Professional Counseling services;
G. Support the uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits;
H. Invest all Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all State practice laws in the State in which the client is located at the time care is rendered through the mutual recognition of Member State licenses;
I. Eliminate the necessity for licenses in multiple States; and
J. Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.
Enacted by Chapter 466, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60a - Counseling Compact › Part 1 - Compact Text › Section 105 - Section 5 -- Obtaining a new Home State license based on a Privilege to Practice.

Effective 5/4/2022
58-60a-105.
Section 5 -- Obtaining a new Home State license based on a Privilege to Practice.
A. A Licensed Professional Counselor may hold a Home State license, which allows for a Privilege to Practice in other Member States, in only one Member State at a time.
B. If a Licensed Professional Counselor changes primary State of residence by moving between two Member States:
1. The Licensed Professional Counselor shall file an application for obtaining a new Home State license based on a Privilege to Practice, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission.
2. Upon receipt of an application for obtaining a new Home State license by virtue of a Privilege to Practice, the new Home State shall verify that the Licensed Professional Counselor meets the pertinent criteria outlined in Section 58-60a-104 via the Data System, without need for primary source verification except for:
a. a Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92-544;
b. other criminal background checks as required by the new Home State; and
c. completion of any requisite Jurisprudence Requirements of the new Home State.
3. The former Home State shall convert the former Home State license into a Privilege to Practice once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission.
4. Notwithstanding any other provision of this Compact, if the Licensed Professional Counselor cannot meet the criteria in Section 58-60a-104, the new Home State may apply its requirements for issuing a new Single State License.
5. The Licensed Professional Counselor shall pay all applicable fees to the new Home State in order to be issued a new Home State license.
C. If a Licensed Professional Counselor changes Primary State of Residence by moving from Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State.
D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State License in multiple States, however for the purposes of this Compact, a Licensee shall have only one Home State license.
E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.
Enacted by Chapter 466, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60a - Counseling Compact › Part 1 - Compact Text › Section 106 - Section 6 -- Active Duty Military personnel or their spouses.

Effective 5/4/2022
58-60a-106.
Section 6 -- Active Duty Military personnel or their spouses.
Active Duty Military personnel, or their spouses, shall designate a Home State where the individual has a current license in good standing. The individual may retain the Home State designation during the period the service member is on active duty. Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new State, or through the process outlined in Section 58-60a-105.
Enacted by Chapter 466, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60a - Counseling Compact › Part 1 - Compact Text › Section 107 - Section 7 -- Compact Privilege to Practice Telehealth.

Effective 5/4/2022
58-60a-107.
Section 7 -- Compact Privilege to Practice Telehealth.
A. Member States shall recognize the right of a Licensed Professional Counselor, licensed by a Home State in accordance with Section 58-60a-103 and under Rules promulgated by the Commission, to practice Professional Counseling in any Member State via Telehealth under a Privilege to Practice as provided in the Compact and Rules promulgated by the Commission.
B. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.
Enacted by Chapter 466, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60a - Counseling Compact › Part 1 - Compact Text › Section 110 - Section 10 -- Data System.

Effective 5/4/2022
58-60a-110.
Section 10 -- Data System.
A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and Investigative Information on all licensed individuals in Member States.
B. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license or Privilege to Practice;
4. Non-confidential information related to Alternative Program participation;
5. Any denial of application for licensure, and the reason(s) for such denial;
6. Current Significant Investigative Information; and
7. Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.
C. Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.
D. The Commission shall promptly notify all Member States of any Adverse Action taken against a Licensee or an individual applying for a license. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State.
E. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.
F. Any information submitted to the Data System that is subsequently required to be expunged by the laws of the Member State contributing the information shall be removed from the Data System.
Enacted by Chapter 466, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60a - Counseling Compact › Part 1 - Compact Text › Section 113 - Section 13 -- Date of implementation of the Counseling Compact Commission and associated Rules, withdrawal, and amendment.

Effective 5/4/2022
58-60a-113.
Section 13 -- Date of implementation of the Counseling Compact Commission and associated Rules, withdrawal, and amendment.
A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth Member State. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of the Compact.
B. Any State that joins the Compact subsequent to the Commission's initial adoption of the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.
C. Any Member State may withdraw from this Compact by enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Professional Counseling Licensing Board to comply with the investigative and Adverse Action reporting requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any Professional Counseling licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.
E. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.
Enacted by Chapter 466, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60a - Counseling Compact › Part 1 - Compact Text › Section 114 - Section 14 -- Construction and severability.

Effective 5/4/2022
58-60a-114.
Section 14 -- Construction and severability.
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.
Enacted by Chapter 466, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60a - Counseling Compact › Part 1 - Compact Text › Section 115 - Section 15 -- Binding Effect of Compact and other Laws.

Effective 5/4/2022
58-60a-115.
Section 15 -- Binding Effect of Compact and other Laws.
A. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations, including scope of practice, of the Remote State.
B. Nothing herein prevents the enforcement of any other law of a Member State that is not inconsistent with the Compact.
C. Any laws in a Member State in conflict with the Compact are superseded to the extent of the conflict.
D. Any lawful actions of the Commission, including all Rules and bylaws properly promulgated by the Commission, are binding upon the Member States.
E. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.
F. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any Member State, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that Member State.
Enacted by Chapter 466, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60a - Counseling Compact › Part 2 - Division Implementation › Section 201 - Rulemaking authority -- State authority over scope of practice.

Effective 5/4/2022
58-60a-201.
Rulemaking authority -- State authority over scope of practice.
(1) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter.
(2) Notwithstanding any provision in Sections 58-60a-101 through 58-60a-115, Sections 58-60a-101 through 58-60a-115 do not supersede state law related to an individual's scope of practice under this title.
Enacted by Chapter 466, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 2 - Board › Section 201 - Board.

Effective 7/1/2015
58-61-201.
Board.
(1)
(a) There is created the Psychologist Licensing Board consisting of four licensed psychologists, one licensed behavior analyst, and one member from the general public.
(b) The licensed behavior analyst shall participate as a member of the board only for issues relevant to Part 7, Behavior Analyst Licensing Act.
(2) The board shall be appointed, serve terms, and be compensated in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203. In addition, the board shall:
(a) designate one of its members on a permanent or rotating basis to assist the division in review of complaints concerning unlawful or unprofessional practice by a licensee in the profession regulated by the board and to advise the division regarding the conduct of investigations of the complaints; and
(b) disqualify a member from acting as presiding officer in an administrative procedure in which that member has previously reviewed the complaint or advised the division.
Amended by Chapter 367, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 3 - Licensing › Section 301 - Licensure required.

58-61-301.
Licensure required.
(1)
(a) A license is required to engage in the practice of psychology, except as specifically provided in Section 58-1-307.
(b) Notwithstanding the provisions of Subsection 58-1-307(1)(c) an individual shall be certified under this chapter as a psychology resident in order to engage in a residency program of supervised clinical training necessary to meet licensing requirements as a psychologist under this chapter.
(2) The division shall issue to a person who qualifies under this chapter a license in the classification of:
(a) psychologist; or
(b) certified psychology resident.
Amended by Chapter 281, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 3 - Licensing › Section 302 - Term of license.

58-61-302.
Term of license.
(1)
(a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal the licensee shall show satisfactory evidence of renewal requirements as required under this chapter.
(3) Each license expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Enacted by Chapter 32, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 3 - Licensing › Section 304.1 - Criminal background check.

Effective 5/12/2020
58-61-304.1.
Criminal background check.
(1) An applicant for licensure under this chapter who requires a criminal background check shall:
(a) submit fingerprint cards in a form acceptable to the division at the time the license application is filed; and
(b) consent to a fingerprint background check conducted by the Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application.
(2) The division shall:
(a) in addition to other fees authorized by this chapter, collect from each applicant submitting fingerprints in accordance with this section the fee that the Bureau of Criminal Identification is authorized to collect for the services provided under Section 53-10-108 and the fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of obtaining federal criminal history record information;
(b) submit from each applicant the fingerprint card and the fees described in Subsection (2)(a) to the Bureau of Criminal Identification; and
(c) obtain and retain in division records a signed waiver approved by the Bureau of Criminal Identification in accordance with Section 53-10-108 for each applicant.
(3) The Bureau of Criminal Identification shall, in accordance with the requirements of Section 53-10-108:
(a) check the fingerprints submitted under Subsection (2)(b) against the applicable state and regional criminal records databases;
(b) forward the fingerprints to the Federal Bureau of Investigation for a national criminal history background check; and
(c) provide the results from the state, regional, and nationwide criminal history background checks to the division.
(4) The division may not disseminate outside of the division any criminal history record information that the division obtains from the Bureau of Criminal Identification or the Federal Bureau of Investigation under the criminal background check requirements of this section.
Enacted by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 3 - Licensing › Section 305 - Qualifications for admission to examination.

58-61-305.
Qualifications for admission to examination.
All applicants for admission to any examination qualifying an individual for licensure under this chapter shall:
(1) submit an application on a form provided by the division;
(2) pay the fee established for the examination; and
(3) certify under penalty of perjury as evidenced by notarized signature on the application for admission to the examination that the applicant:
(a) has completed the education requirement under this chapter and been awarded the earned degree required for licensure; and
(b) has successfully completed the supervised training required under this chapter for licensure.
Enacted by Chapter 32, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 3 - Licensing › Section 306 - Continuing education.

58-61-306.
Continuing education.
By rule made under Section 58-1-203, the division may establish a continuing education requirement as a condition for renewal of a license under this chapter upon finding continuing education is necessary to reasonably protect the public health, safety, or welfare.
Enacted by Chapter 32, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 3 - Licensing › Section 308 - Scope of practice -- Limitations.

58-61-308.
Scope of practice -- Limitations.
(1) 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.
(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.
Enacted by Chapter 281, 2001 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for action regarding license -- Disciplinary proceedings.

Effective 5/5/2021
58-61-401.
Grounds for action regarding license -- Disciplinary proceedings.
(1) Subject to Subsection (2), the division's grounds for refusing to issue a license to an applicant, for refusing to renew the license of a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order are under Section 58-1-401.
(2) The division may not refuse, revoke, suspend, or in any way restrict an applicant or licensee's license under this chapter solely because the applicant or licensee seeks or participates in mental health or substance abuse treatment.
Amended by Chapter 404, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 501 - Unlawful conduct.

Effective 5/12/2020
58-61-501.
Unlawful conduct.
As used in this chapter, "unlawful conduct" includes:
(1) practice of psychology unless licensed as a psychologist or certified psychology resident under this chapter or exempted from licensure under this title;
(2) practice of mental health therapy by a licensed psychologist who has not acceptably documented to the division his completion of the supervised training in psychotherapy required under Subsection 58-61-304(1)(e); or
(3) representing oneself as or using the title of psychologist, or certified psychology resident unless currently licensed under this chapter.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

58-61-502.
Unprofessional conduct.
(1) As used in this chapter, "unprofessional conduct" includes:
(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
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 503 - Penalty for unlawful conduct.

58-61-503.
Penalty for unlawful conduct.
An individual who commits any act of unlawful conduct as defined in:
(1) Subsection 58-61-501(1) or (2) is guilty of a third degree felony; or
(2) Subsection 58-61-501(3) is guilty of a class A misdemeanor.
Enacted by Chapter 32, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 504 - Reporting of unprofessional or unlawful conduct -- Immunity from liability.

58-61-504.
Reporting of unprofessional or unlawful conduct -- Immunity from liability.
(1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section 58-61-102 by a person licensed under this chapter or an individual not licensed under this chapter and engaged in acts or practices regulated under this chapter, that results in disciplinary action by a licensed health care facility, professional practice group, or professional society, or that results in a significant adverse impact upon the public health, safety, or welfare, the following shall report the conduct in writing to the division within 10 days after learning of the disciplinary action or the conduct unless the individual or person knows it has been reported:
(a) a licensed health care facility or organization in which an individual licensed under this chapter engages in practice;
(b) an individual licensed under this chapter; and
(c) a professional society or organization whose membership is comprised of individuals licensed under this chapter and which has the authority to discipline or expel a member for acts of unprofessional or unlawful conduct.
(2) Any individual reporting acts of unprofessional or unlawful conduct by an individual licensed under this chapter is immune from liability arising out of the disclosure to the extent the individual furnishes the information in good faith and without malice.
Enacted by Chapter 32, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 6 - Evidentiary Privilege and Confidentiality › Section 601 - Evidentiary privilege.

58-61-601.
Evidentiary privilege.
Evidentiary privilege for psychologists regarding admissibility of any confidential communication in administrative, civil, or criminal proceedings is in accordance with Rule 506 of the Utah Rules of Evidence.
Enacted by Chapter 32, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 6 - Evidentiary Privilege and Confidentiality › Section 602 - Confidentiality -- Exemptions.

Effective 5/3/2023
58-61-602.
Confidentiality -- Exemptions.
(1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a psychologist under this chapter may not disclose any confidential communication with a client or patient without the express written consent of:
(a) the client or patient;
(b) the parent or legal guardian of a minor client or patient; or
(c) a person authorized to consent to the disclosure of the confidential communication by the client or patient in a written document:
(i) that is signed by the client or the patient; and
(ii) in which the client's or the patient's signature is reasonably verifiable.
(2) A psychologist under this chapter is not subject to Subsection (1) if:
(a) the psychologist is permitted or required by state or federal law, rule, regulation, or order to report or disclose any confidential communication, including:
(i) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports;
(ii) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports;
(iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn; or
(iv) reporting of a communicable disease as required under Section 26B-7-206;
(b) the disclosure is part of an administrative, civil, or criminal proceeding and is made under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
(c) the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 7 - Behavior Analyst Licensing Act › Section 701 - Title.

Affected by 63I-1-258 on 7/1/2026
Effective 7/1/2015
58-61-701.
Title.
This part is known as the "Behavior Analyst Licensing Act."
Enacted by Chapter 367, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 7 - Behavior Analyst Licensing Act › Section 703 - License or registration required.

Affected by 63I-1-258 on 7/1/2026
Effective 7/1/2015
58-61-703.
License or registration required.
(1) A license or registration is required to engage in the practice of behavior analysis, except as specifically provided in Section 58-1-307.
(2) The division shall issue to a person who qualifies under this part a license in the classification of:
(a) behavior analyst; or
(b) assistant behavior analyst.
(3) The division shall issue to a person who qualifies under this part a registration in the classification of:
(a) behavior specialist; or
(b) assistant behavior specialist.
(4) An individual shall be licensed or registered under this part or exempted from licensure under this part in order to engage in, or represent that the individual is engaged in, the practice of behavior analysis.
Enacted by Chapter 367, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 7 - Behavior Analyst Licensing Act › Section 704 - Term of license or registration.

Affected by 63I-1-258 on 7/1/2026
Effective 5/3/2023
58-61-704.
Term of license or registration.
(1)
(a) The division shall issue each license under this part with a two-year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal, the licensed individual shall show satisfactory evidence of renewal requirements as required under this part.
(3) Each license or registration expires on the expiration date shown on the license unless renewed by the licensed individual in accordance with Section 58-1-308.
(4)
(a) A registration as a registered behavior specialist or a registered assistant behavior specialist:
(i) expires on the day the individual is no longer employed in accordance with Subsection 58-61-705(5)(d) or (6)(d); and
(ii) may not be renewed.
(b) The Department of Health and Human Services, or an organization contracted with a division of the Department of Health and Human Services, shall notify the Division of Professional Licensing when a person registered under this part is no longer employed as a registered behavior specialist or a registered assistant behavior specialist.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 7 - Behavior Analyst Licensing Act › Section 706 - Continuing education.

Affected by 63I-1-258 on 7/1/2026
Effective 7/1/2015
58-61-706.
Continuing education.
(1) The division may establish administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requiring continuing education as a condition for renewal of any license classification or maintaining a registration classification under this part if the division finds that continuing education is necessary to reasonably protect the public health, safety, or welfare.
(2) If a renewal cycle is extended or shortened under Section 58-61-704, the continuing education hours required for license renewal or maintaining a registration under this part shall be increased or decreased proportionally.
Enacted by Chapter 367, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 7 - Behavior Analyst Licensing Act › Section 708 - License and registration denial and discipline.

Affected by 63I-1-258 on 7/1/2026
Effective 7/1/2015
58-61-708.
License and registration denial and discipline.
The division's grounds for refusing to issue a license or registration to an applicant, for refusing to renew the license of a licensed individual or registration of a registered individual, for revoking, suspending, restricting, or placing on probation the license of a licensed individual or registration of a registered individual, for issuing a public or private reprimand to a licensed individual or registered individual, and for issuance of a cease and desist order are under Section 58-1-401.
Enacted by Chapter 367, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 7 - Behavior Analyst Licensing Act › Section 709 - Unlawful conduct.

Affected by 63I-1-258 on 7/1/2026
Effective 7/1/2015
58-61-709.
Unlawful conduct.
As used in this part, "unlawful conduct" includes:
(1) practice of behavior analysis unless licensed as a behavior analyst or assistant behavior analyst under this part, registered as a behavior specialist or assistant behavior specialist, or exempted from licensure or registration under this title; or
(2) representing oneself as or using the title of licensed behavior analyst or licensed assistant behavior analyst unless currently licensed under this part.
Enacted by Chapter 367, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 7 - Behavior Analyst Licensing Act › Section 711 - Penalty for unlawful conduct.

Affected by 63I-1-258 on 7/1/2026
Effective 7/1/2015
58-61-711.
Penalty for unlawful conduct.
An individual who commits any act of unlawful conduct as defined in:
(1) Subsection 58-61-501(1) is guilty of a third degree felony; or
(2) Subsection 58-61-501(2) is guilty of a class A misdemeanor.
Enacted by Chapter 367, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 7 - Behavior Analyst Licensing Act › Section 712 - Reporting of unprofessional or unlawful conduct -- Immunity from liability.

Affected by 63I-1-258 on 7/1/2026
Effective 7/1/2015
58-61-712.
Reporting of unprofessional or unlawful conduct -- Immunity from liability.
(1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section 58-61-102 by a person licensed or registered under this chapter or an individual not licensed or registered under this chapter who engaged in acts or practices regulated under this chapter, which results in disciplinary action by a licensed health care facility, professional practice group, or professional society, or which results in a significant adverse impact upon the public health, safety, or welfare, the following shall report the conduct in writing to the division within 10 days after learning of the disciplinary action or the conduct, unless the individual or person knows it has been reported:
(a) a licensed health care facility or an organization in which an individual licensed or registered under this chapter engaged in practice;
(b) an individual licensed or registered under this chapter; or
(c) a professional society or organization whose membership individuals licensed or registered under this chapter and that has the authority to discipline or expel a member for acts of unprofessional conduct or unlawful conduct.
(2) Any individual who reports acts of unprofessional or unlawful conduct by an individual licensed or registered under this chapter is immune from liability arising out of the disclosure to the extent the individual furnishes the information in good faith and without malice.
Enacted by Chapter 367, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 61 - Psychologist Licensing Act › Part 7 - Behavior Analyst Licensing Act › Section 713 - Confidentiality -- Exemptions.

Affected by 63I-1-258 on 7/1/2026
Effective 5/3/2023
58-61-713.
Confidentiality -- Exemptions.
(1) A behavior analyst or behavior specialist under this chapter may not disclose any confidential communication with a client or patient without the express written consent of:
(a) the client or patient;
(b) the parent or legal guardian of a minor client or patient; or
(c) a person authorized to consent to the disclosure of the confidential communication by the client or patient in a written document:
(i) that is signed by the client or the patient; and
(ii) in which the client's or the patient's signature is reasonably verifiable.
(2) A behavior analyst or behavior specialist is not subject to Subsection (1) if:
(a) the behavior analyst or behavior specialist is permitted or required by state or federal law, rule, regulation, or order to report or disclose any confidential communication, including:
(i) reporting under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult;
(ii) reporting under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports;
(iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to Warn; or
(iv) reporting of a communicable disease as required under Section 26B-7-206;
(b) the disclosure is part of an administrative, civil, or criminal proceeding and is made under an exemption from evidentiary privilege under Utah Rules of Evidence, Rule 506; or
(c) the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure.
Amended by Chapter 329, 2023 General Session