State Codes and Statutes
Statutes > Utah > Title-58 > Chapter-60 > 58-60-10258-60-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Client" or "patient" means an individual who consults or is examined or interviewedby a mental health therapist acting in his professional capacity.
(2) "Confidential communication" means information, including information obtained bythe mental health therapist's examination of the client or patient, which is:
(a) (i) transmitted between the client or patient and a mental health therapist in the courseof that relationship; or
(ii) transmitted among the client or patient, the mental health therapist, and individualswho are participating in the diagnosis or treatment under the direction of the mental healththerapist, including members of the client's or patient's family; and
(b) made in confidence, for the diagnosis or treatment of the client or patient by themental health therapist, and by a means not intended to be disclosed to third persons other thanthose individuals:
(i) present to further the interest of the client or patient in the consultation, examination,or interview;
(ii) reasonably necessary for the transmission of the communications; or
(iii) participating in the diagnosis and treatment of the client or patient under the directionof the mental health therapist.
(3) "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.
(4) "Individual" means a natural person.
(5) "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) an advanced practice registered nurse, specializing in psychiatric mental healthnursing;
(c) a psychologist qualified to engage in the practice of mental health therapy;
(d) a clinical social worker;
(e) a certified social worker;
(f) a marriage and family therapist; or
(g) a professional counselor.
(6) "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 (5).
(7) "Practice of mental health therapy" means treatment or prevention of mental illness,including:
(a) conducting a professional evaluation of an individual's condition of mental health,mental illness, or emotional disorder consistent with standards generally recognized in theprofessions of mental health therapy listed under Subsection (5);
(b) establishing a diagnosis in accordance with established written standards generallyrecognized in the professions of mental health therapy listed under Subsection (5);
(c) prescribing a plan for the prevention or treatment of a condition of mental illness or
emotional disorder; and
(d) engaging in the conduct of professional intervention, including psychotherapy by theapplication of established methods and procedures generally recognized in the professions ofmental health therapy listed under Subsection (5).
(8) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-60-109.
(9) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-60-110, and maybe further defined by division rule.
Amended by Chapter 81, 1999 General Session
