reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 57 - Respiratory Care Practices Act › Section 4 - Qualifications for a license.

Effective 5/12/2020
58-57-4.
Qualifications for a license.
(1) The division shall issue a respiratory care practitioner license to an applicant who meets the requirements specified in this section.
(2) An applicant seeking licensure as a respiratory care practitioner shall:
(a) submit an application on a form prescribed by the division;
(b) pay a fee as determined by the department pursuant to Section 63J-1-504;
(c) possess a high school education or its equivalent, as determined by the division in collaboration with the board;
(d) have completed a respiratory care practitioner educational program that is accredited by a nationally accredited organization acceptable to the division as defined by rule; and
(e) pass an examination approved by the division in collaboration with the board.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 57 - Respiratory Care Practices Act › Section 5 - Licensure by endorsement.

58-57-5.
Licensure by endorsement.
If an applicant has completed a respiratory care practitioner education program that is approved by the board and accredited by a nationally accredited organization acceptable to the division, as defined by rule, the board may recommend that the division issue a license without examination to any applicant currently licensed by another state as a respiratory care practitioner or its equivalent, if the requirements for licensing in that state are at least as stringent as the requirements under this chapter.
Amended by Chapter 106, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 57 - Respiratory Care Practices Act › Section 6 - Term of license -- Expiration -- Renewal.

58-57-6.
Term of license -- Expiration -- Renewal.
(1) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.
(2) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Repealed and Re-enacted by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 57 - Respiratory Care Practices Act › Section 7 - Exemptions from licensure.

Effective 5/3/2023
58-57-7.
Exemptions from licensure.
(1)
(a) For purposes of Subsection (2)(b), "qualified" means an individual who is a registered polysomnographic technologist or a Diplomate certified by the American Board of Sleep Medicine.
(b) For purposes of Subsections (2)(f) and (g), "supervision" means one of the following will be immediately available for consultation in person or by phone:
(i) a practitioner;
(ii) a respiratory therapist;
(iii) a Diplomate of the American Board of Sleep Medicine; or
(iv) a registered polysomnographic technologist.
(2) In addition to the exemptions from licensure in Section 58-1-307, the following persons may engage in the practice of respiratory therapy subject to the stated circumstances and limitations without being licensed under this chapter:
(a) any person who provides gratuitous care for a member of his immediate family without representing himself as a licensed respiratory care practitioner;
(b) any person who is a licensed or qualified member of another health care profession, if this practice is consistent with the accepted standards of the profession and if the person does not represent himself as a respiratory care practitioner;
(c) any person who serves in the Armed Forces of the United States or any other agency of the federal government and is engaged in the performance of his official duties;
(d) any person who acts under a certification issued pursuant to Title 26B, Chapter 4, Part 1, Utah Emergency Medical Services System, while providing emergency medical services;
(e) any person who delivers, installs, or maintains respiratory related durable medical equipment and who gives instructions regarding the use of that equipment in accordance with Subsections 58-57-2(3) and (6), except that this exemption does not include any clinical evaluation or treatment of the patient;
(f) any person who is working in a practitioner's office, acting under supervision; and
(g) a polysomnographic technician or trainee, acting under supervision, as long as the technician or trainee administers the following only in a sleep lab, sleep center, or sleep facility:
(i) oxygen titration; and
(ii) positive airway pressure that does not include mechanical ventilation.
(3) Nothing in this chapter permits a respiratory care practitioner to engage in the unauthorized practice of other health disciplines.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 57 - Respiratory Care Practices Act › Section 8 - Grounds for denial of license -- Disciplinary proceedings.

58-57-8.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401.
Repealed and Re-enacted by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 57 - Respiratory Care Practices Act › Section 10 - Use of title or designation.

58-57-10.
Use of title or designation.
(1) Only a respiratory care practitioner may use the following titles or designations in this state:
(a) respiratory care practitioner;
(b) respiratory therapist; or
(c) respiratory technician.
(2) Any person who violates this section is guilty of a class A misdemeanor.
Amended by Chapter 106, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 57 - Respiratory Care Practices Act › Section 11 - Provision for current practitioners.

58-57-11.
Provision for current practitioners.
Any person who is engaged in the practice of respiratory care as defined in Section 58-57-2 and who is not licensed under this chapter as a respiratory care practitioner, shall by January 1, 2007, obtain a license under this chapter unless exempt from licensure under the provisions of Section 58-1-307 or 58-57-7.
Amended by Chapter 106, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 57 - Respiratory Care Practices Act › Section 12 - Independent practice prohibited.

58-57-12.
Independent practice prohibited.
A respiratory care practitioner may not:
(1) practice independently of a practitioner or of a health care facility while under the supervision of a practitioner; or
(2) charge a fee for his services independently of a practitioner or health care facility.
Amended by Chapter 106, 2006 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 57 - Respiratory Care Practices Act › Section 14 - Unlawful conduct -- Penalty.

Effective 5/4/2022
58-57-14.
Unlawful conduct -- Penalty.
(1) Beginning January 1, 2007, "unlawful conduct" includes:
(a) using the following titles, names, or initials, if the user is not properly licensed under this chapter:
(i) respiratory care practitioner;
(ii) respiratory therapist; and
(iii) respiratory technician; and
(b) using any other name, title, or initials that would cause a reasonable person to believe the user is licensed under this chapter if the user is not properly licensed under this chapter.
(2) Any person who violates the unlawful conduct provision specifically defined in Subsection 58-1-501(1)(a) is guilty of a third degree felony.
(3) Any person who violates any of the unlawful conduct provisions specifically defined in Subsections 58-1-501(1)(b) through (f) and Subsection (1) of this section is guilty of a class A misdemeanor.
(4) After a proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act, and Title 58, Chapter 1, Division of Professional Licensing Act, the division may assess administrative penalties for acts of unprofessional or unlawful conduct or any other appropriate administrative action.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 103 - Licensure required.

Effective 5/5/2021
58-60-103.
Licensure required.
(1)
(a) An individual shall be licensed under:
(i) this chapter;
(ii)Chapter 67, Utah Medical Practice Act;
(iii)Chapter 68, Utah Osteopathic Medical Practice Act;
(iv)Chapter 31b, Nurse Practice Act;
(v)Chapter 61, Psychologist Licensing Act;
(vi)Chapter 70a, Utah Physician Assistant Act; or
(vii) exempted from licensure under this chapter.
(b) Only an individual described in Subsection (1)(a) may:
(i) engage in, or represent that the individual will engage in, the practice of mental health therapy, clinical social work, certified social work, marriage and family therapy, or clinical mental health counseling; or
(ii) practice as, or represent that the individual is, a mental health therapist, clinical social worker, certified social worker, marriage and family therapist, clinical mental health counselor, psychiatrist, psychologist, registered psychiatric mental health nurse specialist, certified psychology resident, associate marriage and family therapist, or associate clinical mental health counselor.
(2) An individual shall be licensed under this chapter or exempted from licensure under this chapter in order to:
(a) engage in, or represent that the individual is engaged in, practice as a social service worker; or
(b) represent that the individual is, or use the title of, a social service worker.
(3) An individual shall be licensed under this chapter or exempted from licensure under this chapter in order to:
(a) engage in, or represent that the individual is engaged in, practice as a substance use disorder counselor; or
(b) represent that the individual is, or use the title of, a substance use disorder counselor.
(4) Notwithstanding the provisions of Subsection 58-1-307(1)(c), an individual shall be certified under this chapter, or otherwise exempted from licensure under this chapter, in order to engage in an internship or residency program of supervised clinical training necessary to meet the requirements for licensure as:
(a) a marriage and family therapist under Part 3, Marriage and Family Therapist Licensing Act; or
(b) a clinical mental health counselor under Part 4, Clinical Mental Health Counselor Licensing Act.
Amended by Chapter 313, 2021 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 103.1 - Criminal background check.

Effective 5/4/2022
58-60-103.1.
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) For purposes of conducting a criminal background check required under this section, the division shall have direct access to criminal background information maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(5) The division may not:
(a) 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; or
(b) issue a letter of qualification to participate in the Counseling Compact under Chapter 60a, Counseling Compact, until the criminal background check described in this section is completed.
Enacted by Chapter 466, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 104 - Term of license -- Expiration -- Renewal.

58-60-104.
Term of license -- Expiration -- Renewal.
(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 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 105 - Continuing education.

Effective 5/12/2015
58-60-105.
Continuing education.
(1) By rule made under Section 58-1-203, the division may establish a continuing education requirement as a condition for renewal of any license classification under this chapter upon finding continuing education for that profession is necessary to reasonably protect the public health, safety, or welfare.
(2) If a renewal cycle is extended or shortened under Section 58-60-104, the continuing education hours required for license renewal under this section shall be increased or decreased proportionally.
(3) The division shall, in addition to a continuing education requirement the division establishes under Subsection (1), require an individual licensed under this chapter, as a condition of renewing the individual's license, to complete a minimum of two hours of training in suicide prevention via a course that the division designates as approved.
Amended by Chapter 77, 2015 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 106 - Status of licenses held on the effective date of this chapter.

58-60-106.
Status of licenses held on the effective date of this chapter.
An individual holding a valid Utah license as a clinical social worker, certified social worker, social service worker, or marriage and family therapist under any licensing or practice acts in this title in effect immediately prior to July 1, 1994, is on and after July 1, 1994, considered to hold a current license under this chapter in the comparable classification as a clinical social worker, certified social worker, social service worker, or marriage and family therapist.
Enacted by Chapter 32, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 108 - Grounds for action regarding license -- Disciplinary proceedings.

Effective 5/5/2021
58-60-108.
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 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 109 - Unlawful conduct.

Effective 5/12/2020
58-60-109.
Unlawful conduct.
As used in this chapter, "unlawful conduct" includes:
(1) practice of the following unless licensed in the appropriate classification or exempted from licensure under this title:
(a) mental health therapy;
(b) clinical social work;
(c) certified social work;
(d) marriage and family therapy;
(e) clinical mental health counselor;
(f) practice as a social service worker; or
(g) substance use disorder counselor;
(2) practice of mental health therapy by a licensed psychologist who has not acceptably documented to the division the licensed psychologist's completion of the supervised training in mental health therapy required under Subsection 58-61-304(1)(e); or
(3) representing oneself as, or using the title of, the following:
(a) unless currently licensed in a license classification under this title:
(i) psychiatrist;
(ii) psychologist;
(iii) registered psychiatric mental health nurse specialist;
(iv) mental health therapist;
(v) clinical social worker;
(vi) certified social worker;
(vii) marriage and family therapist;
(viii) clinical mental health counselor;
(ix) social service worker;
(x) substance use disorder counselor;
(xi) associate clinical mental health counselor; or
(xii) associate marriage and family therapist; or
(b) unless currently in possession of the credentials described in Subsection (4), social worker.
(4) An individual may represent oneself as a, or use the title of, social worker if the individual possesses certified transcripts from an accredited institution of higher education, recognized by the division in collaboration with the Social Work Licensing Board, verifying satisfactory completion of an education and an earned degree as follows:
(a) a bachelor's or master's degree in a social work program accredited by the Council on Social Work Education or by the Canadian Association of Schools of Social Work; or
(b) a doctoral degree that contains a clinical social work concentration and practicum approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that is consistent with Section 58-1-203.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 110 - Unprofessional conduct.

Effective 5/14/2019
58-60-110.
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;
(c) disclosing or refusing to disclose any confidential communication under Section 58-60-114 or 58-60-509; and
(d) a pattern of failing to offer a patient the opportunity to waive the patient's privacy rights under the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R., Parts 160 and 164.
(2) "Unprofessional conduct" under this chapter may be further defined by division rule.
(3) Notwithstanding Section 58-1-401, the division may not act upon the license of a licensee for unprofessional conduct under Subsection (1)(d).
Amended by Chapter 419, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 111 - Penalty for unlawful conduct.

58-60-111.
Penalty for unlawful conduct.
An individual who commits any act of unlawful conduct as defined in:
(1) Subsection 58-60-109(1) or (2) is guilty of a third degree felony; or
(2) Subsection 58-60-109(3) is guilty of a class A misdemeanor.
Enacted by Chapter 32, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 112 - Reporting of unprofessional or unlawful conduct -- Immunity from liability -- Reporting conduct of court-appointed therapist.

Effective 5/3/2023
58-60-112.
Reporting of unprofessional or unlawful conduct -- Immunity from liability -- Reporting conduct of court-appointed therapist.
(1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section 58-60-102 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 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.
(3)
(a) As used in this Subsection (3):
(i) "Court-appointed therapist" means a mental health therapist ordered by a court to provide psychotherapeutic treatment to an individual, a couple, or a family in a domestic case.
(ii) "Domestic case" means a proceeding under:
(A)Title 30, Chapter 3, Divorce;
(B)Title 30, Chapter 4, Separate Maintenance;
(C)Title 30, Chapter 5, Grandparents;
(D)Title 30, Chapter 5a, Custody and Visitation for Individuals Other than Parents Act;
(E)Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
(F)Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act; or
(G)Title 78B, Chapter 15, Utah Uniform Parentage Act.
(b) If a court appoints a court-appointed therapist in a domestic case, a party to the domestic case may not file a report against the court-appointed therapist for unlawful or unprofessional conduct during the pendency of the domestic case, unless:
(i) the party has requested that the court release the court-appointed therapist from the appointment; and
(ii) the court finds good cause to release the court-appointed therapist from the appointment.
Amended by Chapter 139, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 113 - Evidentiary privilege.

58-60-113.
Evidentiary privilege.
Evidentiary privilege for mental health therapists 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 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 114 - Confidentiality -- Exemptions.

Effective 5/3/2023
58-60-114.
Confidentiality -- Exemptions.
(1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a mental health therapist 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 mental health therapist under this chapter is not subject to Subsection (1) if:
(a) the mental health therapist 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 1 - General Provisions › Section 115 - License by endorsement.

Effective 5/12/2020
58-60-115.
License by endorsement.
The division shall issue a license by endorsement under this chapter to a person who:
(1) submits an application on a form provided by the division;
(2) pays a fee determined by the department under Section 63J-1-504;
(3) provides documentation of current licensure in good standing in a state, district, or territory of the United States to practice in the profession for which licensure is being sought;
(4) except as provided in Subsection (5), provides documentation that the person has engaged in the lawful practice of the profession for which licensure is sought for at least 4,000 hours, of which 1,000 hours are in mental health therapy;
(5) if applying for a license to practice as a licensed substance use disorder counselor, provides documentation that the person:
(a) has engaged in the lawful practice of the profession for at least 4,000 hours; and
(b) has passed an examination approved by the division, by rule, to establish proficiency in the profession;
(6) has passed the profession specific jurisprudence examination if required of a new applicant; and
(7) is of good professional standing, and has no disciplinary action pending or in effect against the applicant's license in any jurisdiction.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 115.2 - Pre-existing license by endorsement.

58-60-115.2.
Pre-existing license by endorsement.
A person who, on May 11, 2010, has a valid license by endorsement under Section 58-60-115 that was granted before May 11, 2010, is considered to have met the requirements of Subsection 58-60-115(4) if the person provides documentation that the person has engaged in:
(1) the lawful practice of the person's profession, including mental health therapy, for not less than 4,000 hours during the three years immediately preceding the date of application for licensure in Utah; or
(2) the lawful practice of the profession for which licensure is sought for not less than 4,000 hours, of which 1,000 hours are in mental health therapy.
Enacted by Chapter 214, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 1 - General Provisions › Section 117 - Externship licenses.

Effective 5/12/2020
58-60-117.
Externship licenses.
(1) The division shall issue a temporary license under Part 2, Social Worker Licensing Act, Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health Counselor Licensing Act, of this chapter to a person who:
(a) submits an application for licensure under Part 2, Social Worker Licensing Act, Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health Counselor Licensing Act;
(b) pays a fee determined by the department under Section 63J-1-504;
(c) holds an earned doctoral degree or master's degree in a discipline that is a prerequisite for practice as a mental health therapist;
(d) has a deficiency, as defined by division rule, in course work;
(e) provides mental health therapy as an employee of a public or private organization, which provides mental health therapy, while under the supervision of a person licensed under this chapter; and
(f) has no disciplinary action pending or in effect against the applicant in connection with the practice of mental health therapy, in any jurisdiction.
(2) A temporary license issued under this section shall expire upon the earlier of:
(a) issuance of the license applied for; or
(b) unless the deadline is extended for good cause as determined by the division, three years from the date the temporary license was issued.
(3) The temporary license issued under this section is an externship license.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 2 - Social Worker Licensing Act › Section 203 - Board.

58-60-203.
Board.
(1) There is created the Social Worker Licensing Board consisting of one certified social worker, three clinical social workers, two social service workers, and one member from the general public.
(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 under 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 any profession regulated by the board and to advise the division regarding the conduct of investigations of the complaints; and
(b) disqualify any member from acting as presiding officer in any administrative procedure in which that member has previously reviewed the complaint or advised the division.
Amended by Chapter 214, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 2 - Social Worker Licensing Act › Section 204 - License classifications.

Effective 5/3/2023
58-60-204.
License classifications.
The division shall issue licenses and certifications to individuals qualified under this part in the classifications:
(1) clinical social worker;
(2) certified social worker; and
(3) social service worker.
Amended by Chapter 283, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 2 - Social Worker Licensing Act › Section 205.5 - Continuing education.

58-60-205.5.
Continuing education.
As a condition for renewal of a license under this part, a social service worker licensee shall, during each two-year licensure cycle, complete qualified continuing professional education, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Enacted by Chapter 214, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 2 - Social Worker Licensing Act › Section 206 - Qualifications for admission to examination.

58-60-206.
Qualifications for admission to examination.
All applicants for admission to an examination qualifying an individual for licensure under this part shall, before taking the examination:
(1) submit an application for examination 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 examination that the applicant:
(a) has completed the education requirement and been awarded the earned degree required for licensure; or
(b) has only one semester, or the equivalent, remaining before the applicant completes the education requirement for earning the degree that is required for licensure.
Amended by Chapter 262, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 2 - Social Worker Licensing Act › Section 207 - Scope of practice -- Limitations.

Effective 5/3/2023
58-60-207.
Scope of practice -- Limitations.
(1)
(a) A clinical social worker may engage in all acts and practices defined as the practice of clinical social work 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 clinical social worker 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) To the extent an individual is professionally prepared by the education and training track completed while earning a master's or doctor of social work degree, a licensed certified social worker may engage in all acts and practices defined as the practice of certified social work consistent with the licensee's education, clinical training, experience, and competence:
(a) under supervision of an individual described in Subsection 58-60-205(1)(d)(i) and as an employee of another person when engaged in the practice of mental health therapy;
(b) without supervision and in private and independent practice or as an employee of another person, if not engaged in the practice of mental health therapy;
(c) including engaging in the private, independent, unsupervised practice of social work as a self-employed individual, in partnership with other mental health therapists, as a professional corporation, or in any other capacity or business entity, so long as he does not practice unsupervised psychotherapy; and
(d) supervising social service workers as provided by division rule.
Amended by Chapter 339, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 3 - Marriage and Family Therapist Licensing Act › Section 302 - Definitions.

58-60-302.
Definitions.
In addition to the definitions in Sections 58-1-102 and 58-60-102, as used in this part:
(1) "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.
(2) "Board" means the Marriage and Family Therapist Licensing Board created in Section 58-60-303.
(3) "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.
Enacted by Chapter 32, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 3 - Marriage and Family Therapist Licensing Act › Section 303 - Board -- Powers.

58-60-303.
Board -- Powers.
(1) There is created the Marriage and Family Therapist Licensing Board consisting of four marriage and family therapists and one member from the general public.
(2) The board shall be appointed, serve terms, and be compensated in accordance with Section 58-1-201.
(3) The board shall:
(a) comply with the provisions of Sections 58-1-202 and 58-1-203;
(b) 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 respective profession regulated by the board, and to advise the division with respect to the conduct of investigations of the complaints; and
(c) disqualify any member from acting as presiding officer in any administrative procedure in which that member has previously reviewed the complaint or advised the division.
Amended by Chapter 159, 2000 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 3 - Marriage and Family Therapist Licensing Act › Section 304 - License classifications.

58-60-304.
License classifications.
The division shall issue licenses to individuals qualified under this part in the classification of:
(1) marriage and family therapist; or
(2) associate marriage and family therapist.
Amended by Chapter 214, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 3 - Marriage and Family Therapist Licensing Act › Section 305 - Qualifications for licensure.

Effective 5/3/2023
58-60-305.
Qualifications for licensure.
(1) All applicants for licensure as marriage and family therapists shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) produce certified transcripts evidencing completion of a masters or doctorate degree in marriage and family therapy from:
(i) a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education; or
(ii) an accredited institution meeting criteria for approval established by rule under Section 58-1-203;
(d) have completed a minimum of 3,000 hours of marriage and family therapy training as defined by division rule under Section 58-1-203:
(i) under the supervision of a mental health therapist supervisor who meets the requirements of Section 58-60-307;
(ii) obtained after completion of the education requirement in Subsection (1)(c); and
(iii) including a minimum of two hours of training in suicide prevention via a course that the division designates as approved;
(e) document successful completion of not less than 1,000 hours of supervised training in mental health therapy obtained after completion of the education requirement described in Subsection (1)(c), which training may be included as part of the 3,000 hours of training described in Subsection (1)(d), and of which documented evidence demonstrates not less than 75 of the supervised hours were obtained during direct, personal supervision, as defined by rule, by a mental health therapist supervisor qualified under Section 58-60-307;
(f) pass the examination requirement established by division rule under Section 58-1-203; and
(g) if the applicant is applying to participate in the Counseling Compact under Chapter 60a, Counseling Compact, consent to a criminal background check in accordance with Section 58-60-103.1 and any requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
(a) All applicants for licensure as an associate marriage and family therapist shall comply with the provisions of Subsections (1)(a) through (c).
(b) An individual's license as an associate marriage and family therapist is limited to the period of time necessary to complete clinical training as described in Subsections (1)(d) and (e) and extends not more than two years from the date the minimum requirement for training is completed, unless the individual presents satisfactory evidence to the division and the appropriate board that the individual is making reasonable progress toward passing of the qualifying examination for that profession or is otherwise on a course reasonably expected to lead to licensure, but the period of time under this Subsection (2)(b) may not exceed four years past the date the minimum supervised clinical training requirement has been completed.
Amended by Chapter 339, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 3 - Marriage and Family Therapist Licensing Act › Section 305.5 - Qualification for licensure before May 1, 2000.

Effective 5/12/2020
58-60-305.5.
Qualification for licensure before May 1, 2000.
(1) A person who was licensed under this chapter as of May 1, 2000, may apply for renewal of licensure without being required to fulfill the educational requirements described in Subsection 58-60-305(1)(c).
(2) A person who seeks licensure under this chapter before July 1, 2002, need comply only with the licensure requirements in effect before May 1, 2000.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 3 - Marriage and Family Therapist Licensing Act › Section 306 - Qualifications for admission to examination.

58-60-306.
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 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 3 - Marriage and Family Therapist Licensing Act › Section 307 - Supervisors of marriage and family therapists -- Qualifications.

Effective 5/14/2019
58-60-307.
Supervisors of marriage and family therapists -- Qualifications.
(1) Each person acting as a supervisor of a marriage and family therapist shall:
(a) have at least two years of clinical experience, since the date of first licensure, as a:
(i) clinical mental health counselor;
(ii) psychiatrist;
(iii) psychologist;
(iv) registered psychiatric mental health nurse practitioner;
(v) marriage and family therapist; or
(vi) clinical social worker;
(b) either:
(i) be approved as a supervisor by a national marriage and family therapist professional organization; or
(ii) meet the criteria established by rule; and
(c) provide supervision for no 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) Persons who act as a supervisor without meeting the requirements of this section are subject to discipline for unprofessional conduct.
Amended by Chapter 393, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 60 - Mental Health Professional Practice Act › Part 3 - Marriage and Family Therapist Licensing Act › Section 308 - Scope of practice -- Limitations.

Effective 5/12/2020
58-60-308.
Scope of practice -- Limitations.
(1) A licensed marriage and family therapist may engage in all acts and practices defined as the practice of marriage and family therapy 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)
(a) To the extent an individual has completed the educational requirements of Subsection 58-60-305(1)(c), a licensed associate marriage and family therapist may engage in all acts and practices defined as the practice of marriage and family therapy if the practice is:
(i) within the scope of employment as a licensed associate marriage and family therapist with a public agency or a private clinic as defined by division rule; and
(ii) under the supervision of a licensed mental health therapist who is qualified as a supervisor under Section 58-60-307.
(b) A licensed associate marriage and family therapist may not engage in the independent practice of marriage and family therapy.
Amended by Chapter 339, 2020 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 402 - Definitions.

58-60-402.
Definitions.
In addition to the definitions in Sections 58-1-102 and 58-60-102, as used in this part:
(1) "Board" means the Clinical Mental Health Counselor Licensing Board created in Section 58-60-403.
(2) "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.
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 403 - Board.

58-60-403.
Board.
(1) There is created the Clinical Mental Health Counselor Licensing Board consisting of four clinical mental health counselors and one member from the general public.
(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 with respect to the conduct of investigations of the complaints; and
(b) disqualify any member from acting as presiding officer in any administrative procedure in which that member has previously reviewed the complaint or advised the division.
Amended by Chapter 179, 2012 General Session