58-61-102 - Definitions. - Utah Statutes

58-61-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Psychologist Licensing Board created in Section 58-61-201.
(2) "Client" or "patient" means an individual who consults or is examined or interviewedby a psychologist acting in his professional capacity.
(3) "Confidential communication" means information, including information obtained bythe psychologist's examination of the client or patient, which is:
(a) (i) transmitted between the client or patient and a psychologist in the course of thatrelationship; or
(ii) transmitted among the client or patient, the psychologist, and individuals who areparticipating in the diagnosis or treatment under the direction of the psychologist, includingmembers of the client's or patient's family; and
(b) made in confidence, for the diagnosis or treatment of the client or patient by thepsychologist, and by a means not intended to be disclosed to third persons other than thoseindividuals:
(i) present to further the interest of the client or patient in the consultation, examination,or interview;
(ii) reasonably necessary for the transmission of the communications; or
(iii) participating in the diagnosis and treatment of the client or patient under the directionof the psychologist.
(4) "Hypnosis" means, regarding individuals exempted from licensure under this chapter,a process by which one individual induces or assists another individual into a hypnotic statewithout the use of drugs or other substances and for the purpose of increasing motivation or toassist the individual to alter lifestyles or habits.
(5) "Individual" means a natural person.
(6) "Mental health therapist" means an individual licensed under this title as a:
(a) physician and surgeon, or osteopathic physician engaged in the practice of mentalhealth therapy;
(b) registered psychiatric mental health nurse specialist;
(c) psychologist qualified to engage in the practice of mental health therapy;
(d) clinical social worker;
(e) certified social worker;
(f) marriage and family therapist; or
(g) professional counselor.
(7) "Mental illness" means a mental or emotional condition defined in an approveddiagnostic and statistical manual for mental disorders generally recognized in the professions ofmental health therapy listed under Subsection (6).
(8) "Practice of mental health therapy" means the treatment or prevention of mentalillness, including:
(a) conducting a professional evaluation of an individual's condition of mental health,mental illness, or emotional disorder;
(b) establishing a diagnosis in accordance with established written standards generallyrecognized in the professions of mental health therapy listed under Subsection (6);
(c) prescribing a plan for the prevention or treatment of a condition of mental illness oremotional disorder; and

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(d) engaging in the conduct of professional intervention, including psychotherapy by theapplication of established methods and procedures generally recognized in the professions ofmental health therapy listed under Subsection (6).
(9) (a) "Practice of psychology" includes:
(i) the practice of mental health therapy by means of observation, description, evaluation,interpretation, intervention, and treatment to effect modification of human behavior by theapplication of generally recognized professional psychological principles, methods, andprocedures for the purpose of preventing, treating, or eliminating mental or emotional illness ordysfunction, the symptoms of any of these, or maladaptive behavior;
(ii) the observation, description, evaluation, interpretation, or modification of humanbehavior by the application of generally recognized professional principles, methods, orprocedures requiring the education, training, and clinical experience of a psychologist, for thepurpose of assessing, diagnosing, preventing, or eliminating symptomatic, maladaptive, orundesired behavior and of enhancing interpersonal relationships, work and life adjustment,personal effectiveness, behavioral health, and mental health;
(iii) psychological testing and the evaluation or assessment of personal characteristicssuch as intelligence, personality, abilities, interests, aptitudes, and neuropsychologicalfunctioning;
(iv) counseling, marriage and family therapy, psychoanalysis, psychotherapy, hypnosis,biofeedback, and behavior analysis and therapy;
(v) diagnosis and treatment of mental and emotional disorders of disability, alcoholismand substance abuse, disorders of habit or conduct, and the psychological aspects of physicalillness, accident, injury, or disability; and
(vi) psychoeducational evaluation, therapy, remediation, and consultation.
(b) An individual practicing psychology may provide services to individuals, couples,families, groups of individuals, members of the public, and individuals or groups withinorganizations or institutions.
(10) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-61-501.
(11) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-61-502, andmay be further defined by division rule.

Enacted by Chapter 32, 1994 General Session