58-61-307 - Exemptions from licensure. - Utah Statutes

58-61-307. Exemptions from licensure.
(1) Except as modified in Section 58-61-301, the exemptions from licensure in Section58-1-307 apply to this chapter.
(2) In addition to the exemptions from licensure in Section 58-1-307, the following whenpracticing within the scope of the license held, may engage in acts included within the definitionof practice as a psychologist, subject to the stated circumstances and limitations, without beinglicensed under this chapter:
(a) a physician and surgeon or osteopathic physician licensed under Chapter 67, UtahMedical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
(b) a registered psychiatric mental health nurse specialist licensed under Chapter 31b,Nurse Practice Act;
(c) a recognized member of the clergy while functioning in his ministerial capacity aslong as he does not represent himself as or use the title of psychologist;
(d) an individual who is offering expert testimony in any proceeding before a court,administrative hearing, deposition upon the order of any court or other body having power toorder the deposition, or proceedings before any master, referee, or alternative dispute resolutionprovider;
(e) an individual engaged in performing hypnosis who is not licensed under this title in aprofession which includes hypnosis in its scope of practice, and who:
(i) (A) induces a hypnotic state in a client for the purpose of increasing motivation oraltering lifestyles or habits, such as eating or smoking, through hypnosis;
(B) consults with a client to determine current motivation and behavior patterns;
(C) prepares the client to enter hypnotic states by explaining how hypnosis works andwhat the client will experience;
(D) tests clients to determine degrees of suggestibility;
(E) applies hypnotic techniques based on interpretation of consultation results andanalysis of client's motivation and behavior patterns; and
(F) trains clients in self-hypnosis conditioning;
(ii) may not:
(A) engage in the practice of mental health therapy;
(B) represent himself using the title of a license classification in Subsection58-60-102(5); or
(C) use hypnosis with or treat a medical, psychological, or dental condition defined ingenerally recognized diagnostic and statistical manuals of medical, psychological, or dentaldisorders;
(f) an individual's exemption from licensure under Subsection 58-1-307(1)(b) terminateswhen the student's training is no longer supervised by qualified faculty or staff and the activitiesare no longer a defined part of the degree program;
(g) an individual holding an earned doctoral degree in psychology who is employed by anaccredited institution of higher education and who conducts research and teaches in thatindividual's professional field, but only if the individual does not engage in providing delivery orsupervision of professional services regulated under this chapter to individuals or groupsregardless of whether there is compensation for the services;
(h) any individual who was employed as a psychologist by a state, county, or municipalagency or other political subdivision of the state prior to July 1, 1981, and who subsequently has

maintained employment as a psychologist in the same state, county, or municipal agency or otherpolitical subdivision while engaged in the performance of his official duties for that agency orpolitical subdivision;
(i) an individual licensed as a school psychologist under Section 53A-6-104:
(i) may represent himself as and use the terms "school psychologist" or " licensed schoolpsychologist"; and
(ii) is restricted in his practice to employment within settings authorized by the StateBoard of Education; and
(j) an individual providing advice or counsel to another individual in a setting of theirassociation as friends or relatives and in a nonprofessional and noncommercial relationship, ifthere is no compensation paid for the advice or counsel.

Amended by Chapter 306, 2007 General Session