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First Substitute H.B. 73

Representative Judy Ann Buffmire proposes to substitute the following bill:


             1     
MENTAL HEALTH THERAPIST LICENSING

             2     
ACT AMENDMENTS

             3     
2001 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Judy Ann Buffmire

             6      This act amends the Division of Occupational and Professional Licensing Act to place mental
             7      health professionals who are undergoing clinical training under the supervision of the
             8      division. The act authorizes the division to issue certifications of mental health interns and
             9      residents. The act establishes requirements for certification as a marriage and family
             10      therapy intern, a professional counselor intern and a psychology resident. The act limits a
             11      certified resident or intern practice to supervised employed practice, and limits the
             12      certification to the period of time necessary to complete training. The act clarifies the
             13      elements of unprofessional conduct by specifically including practice by a certified intern or
             14      resident without supervision or employment. The act amends the definition of unlawful
             15      conduct to include false representations of certification as a mental health professional intern
             16      or resident. This act makes technical amendments.
             17      This act affects sections of Utah Code Annotated 1953 as follows:
             18      AMENDS:
             19          58-60-103, as last amended by Chapters 21 and 81, Laws of Utah 1999
             20          58-60-107, as last amended by Chapters 21 and 81, Laws of Utah 1999
             21          58-60-109, as last amended by Chapter 248, Laws of Utah 1997
             22          58-60-110, as last amended by Chapter 248, Laws of Utah 1997
             23          58-60-304, as enacted by Chapter 32, Laws of Utah 1994
             24          58-60-305, as last amended by Chapter 159, Laws of Utah 2000
             25          58-60-404, as enacted by Chapter 32, Laws of Utah 1994


             26          58-60-405, as last amended by Chapter 28, Laws of Utah 1995
             27          58-61-301, as enacted by Chapter 32, Laws of Utah 1994
             28          58-61-304, as last amended by Chapter 4, Laws of Utah 2000
             29          58-61-307, as last amended by Chapter 224, Laws of Utah 2000
             30          58-61-501, as enacted by Chapter 32, Laws of Utah 1994
             31          58-61-502, as enacted by Chapter 32, Laws of Utah 1994
             32      ENACTS:
             33          58-60-308, Utah Code Annotated 1953
             34          58-60-407, Utah Code Annotated 1953
             35          58-61-308, Utah Code Annotated 1953
             36      Be it enacted by the Legislature of the state of Utah:
             37          Section 1. Section 58-60-103 is amended to read:
             38           58-60-103. Licensure required.
             39          (1) An individual shall be licensed under this chapter; Chapter 67, Utah Medical Practice
             40      Act, or Chapter 68, Utah Osteopathic Medical Practice Act; Chapter 31b, Nurse Practice Act;
             41      Chapter 61, Psychologist Licensing Act; or exempted from licensure under this chapter in order
             42      to:
             43          (a) engage in or represent he will engage in the practice of mental health therapy, clinical
             44      social work, certified social work, marriage and family therapy, or professional counseling; or
             45          (b) practice as or represent himself as a mental health therapist, clinical social worker,
             46      certified social worker, marriage and family therapist, professional counselor, psychiatrist,
             47      psychologist, or registered psychiatric mental health nurse specialist.
             48          (2) An individual shall be licensed under this chapter or exempted from licensure under
             49      this chapter in order to:
             50          (a) engage in or represent that he is engaged in practice as a social service worker; or
             51          (b) represent himself as or use the title of social service worker.
             52          (3) An individual shall be licensed under this chapter or exempted from licensure under
             53      this chapter in order to:
             54          (a) engage in or represent that he is engaged in practice as a licensed substance abuse
             55      counselor; or
             56          (b) represent himself as or use the title of licensed substance abuse counselor.


             57          (4) Notwithstanding the provisions of Subsection 58-1-307 (1)(c), an individual shall be
             58      certified under this chapter, or otherwise exempted from licensure under this chapter in order to
             59      engage in an internship or residency program of supervised clinical training necessary to meet the
             60      requirements for licensure as:
             61          (a) a marriage and family therapist under Part 3; or
             62          (b) a professional counselor under Part 4.
             63          Section 2. Section 58-60-107 is amended to read:
             64           58-60-107. Exemptions from licensure.
             65          (1) Except as modified in Section 58-60-103 , the exemptions from licensure in Section
             66      58-1-307 apply to this chapter.
             67          (2) (a) In addition to the exemptions from licensure in Section 58-1-307 , the following
             68      may engage in acts included within the definition of practice as a mental health therapist, subject
             69      to the stated circumstances and limitations, without being licensed under this chapter:
             70          [(1)] (b) the following when practicing within the scope of the license held:
             71          [(a)] (i) a physician and surgeon or osteopathic physician and surgeon licensed under [Title
             72      58,] Chapter 67, Utah Medical Practice Act, or [Title 58,] Chapter 68, Utah Osteopathic Medical
             73      Practice Act;
             74          [(b)] (ii) an advanced practice registered nurse, specializing in psychiatric mental health
             75      nursing, licensed under [Title 58,] Chapter 31b, Nurse Practice Act; and
             76          [(c)] (iii) a psychologist licensed under [Title 58,] Chapter 61, Psychologist Licensing Act;
             77          [(2)] (3) a recognized member of the clergy while functioning in his ministerial capacity
             78      as long as he does not represent himself as or use the title of a license classification in Subsection
             79      58-60-102 (5);
             80          [(3)] (4) an individual who is offering expert testimony in any proceeding before a court,
             81      administrative hearing, deposition upon the order of any court or other body having power to order
             82      the deposition, or proceedings before any master, referee, or alternative dispute resolution
             83      provider;
             84          [(4)] (5) an individual engaged in performing hypnosis who is not licensed under [Title
             85      58, Occupations and Professions,] this title in a profession which includes hypnosis in its scope
             86      of practice, and who:
             87          (a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or


             88      altering lifestyles or habits, such as eating or smoking, through hypnosis;
             89          (ii) consults with a client to determine current motivation and behavior patterns;
             90          (iii) prepares the client to enter hypnotic states by explaining how hypnosis works and
             91      what the client will experience;
             92          (iv) tests clients to determine degrees of suggestibility;
             93          (v) applies hypnotic techniques based on interpretation of consultation results and analysis
             94      of client's motivation and behavior patterns; and
             95          (vi) trains clients in self-hypnosis conditioning;
             96          (b) may not:
             97          (i) engage in the practice of mental health therapy;
             98          (ii) represent himself using the title of a license classification in Subsection 58-60-102 (5);
             99      or
             100          (iii) use hypnosis with or treat a medical, psychological, or dental condition defined in
             101      generally recognized diagnostic and statistical manuals of medical, psychological, or dental
             102      disorders;
             103          [(5)] (6) an individual's exemption from licensure under Subsection 58-1-307 (1)(b) [or (c)
             104      while completing any supervised clinical training requirement for licensure extends not more than
             105      one year from the date the minimum requirement for training is completed, unless the individual
             106      presents satisfactory evidence to the division and the appropriate board that the individual is
             107      making reasonable progress toward passing of the qualifying examination for that profession or
             108      is otherwise on a course reasonably expected to lead to licensure, but any exemption under this
             109      subsection may not exceed two years past the date the minimum supervised clinical training
             110      requirement has been completed] terminates when the student's training is no longer supervised
             111      by qualified faculty or staff and the activities are no longer a defined part of the degree program;
             112          [(6)] (7) an individual holding an earned doctoral degree or master's degree in social work,
             113      marriage and family therapy, or professional counseling, who is employed by an accredited
             114      institution of higher education and who conducts research and teaches in that individual's
             115      professional field, but only if the individual does not engage in providing or supervising
             116      professional services regulated under this chapter to individuals or groups regardless of whether
             117      there is compensation for the services;
             118          [(7)] (8) an individual in an on-the-job training program approved by the division while


             119      under the supervision of qualified persons;
             120          [(8)] (9) an individual providing general education in the subjects of alcohol or drug use
             121      or abuse, including prevention; and
             122          [(9)] (10) an individual providing advice or counsel to another individual in a setting of
             123      their association as friends or relatives and in a nonprofessional and noncommercial relationship,
             124      if there is no compensation paid for the advice or counsel.
             125          Section 3. Section 58-60-109 is amended to read:
             126           58-60-109. Unlawful conduct.
             127          As used in this chapter, "unlawful conduct" includes:
             128          (1) practice of the following unless licensed in the appropriate classification or exempted
             129      from licensure under this title:
             130          (a) mental health therapy;
             131          (b) clinical social work;
             132          (c) certified social work;
             133          (d) marriage and family therapy;
             134          (e) professional counseling;
             135          (f) practice as a social service worker; or
             136          (g) licensed substance abuse counselor;
             137          (2) practice of mental health therapy by a licensed psychologist who has not acceptably
             138      documented to the division his completion of the supervised training in mental health therapy
             139      required under Subsection 58-61-304 (1)(f); or
             140          (3) representing oneself as or using the title of any of the following unless currently
             141      licensed in a license classification under this title:
             142          (a) psychiatrist;
             143          (b) psychotherapist;
             144          (c) registered psychiatric mental health nurse specialist;
             145          (d) mental health therapist;
             146          (e) clinical social worker;
             147          (f) certified social worker;
             148          (g) marriage and family therapist;
             149          (h) professional counselor;


             150          (i) clinical hypnotist;
             151          (j) social service worker; [or]
             152          (k) licensed substance abuse counselor[.];
             153          (l) certified professional counselor intern; or
             154          (m) certified marriage and family therapist intern.
             155          Section 4. Section 58-60-110 is amended to read:
             156           58-60-110. Unprofessional conduct.
             157          (1) As used in this chapter, "unprofessional conduct" includes:
             158          (a) using or employing the services of any individual to assist a licensee in any manner not
             159      in accordance with the generally recognized practices, standards, or ethics of the profession for
             160      which the individual is licensed, or the laws of the state;
             161          (b) failure to confine practice conduct to those acts or practices:
             162          (i) in which the individual is competent by education, training, and experience within
             163      limits of education, training, and experience; and
             164          (ii) which are within applicable scope of practice laws of this chapter; and
             165          (c) disclosing or refusing to disclose any confidential communication under Section
             166      58-60-114 or 58-60-509 .
             167          (2) "Unprofessional conduct" under this chapter may be further defined by division rule.
             168          Section 5. Section 58-60-304 is amended to read:
             169           58-60-304. License classification.
             170          The division shall issue licenses to individuals qualified under this part in the classification
             171      of:
             172          (1) marriage and family therapist[.]; or
             173          (2) certified marriage and family therapist intern.
             174          Section 6. Section 58-60-305 is amended to read:
             175           58-60-305. Qualifications for licensure.
             176          (1) All applicants for licensure as marriage and family therapists shall:
             177          [(1)] (a) submit an application on a form provided by the division;
             178          [(2)] (b) pay a fee determined by the department under Section 63-38-3.2 ;
             179          [(3)] (c) be of good moral character;
             180          [(4)] (d) produce certified transcripts evidencing completion of a masters or doctorate


             181      degree in marriage and family therapy from:
             182          [(a)] (i) a program accredited by the Commission on Accreditation for Marriage and
             183      Family Therapy Education; or
             184          [(b)] (ii) an accredited institution meeting criteria for approval established by rule under
             185      Section 58-1-203 ;
             186          [(5)] (e) have completed a minimum of 4,000 hours of marriage and family therapy
             187      training as defined by division rule under Section 58-1-203 , in not less than two years, under the
             188      supervision of a marriage and family therapist supervisor who meets the requirements of Section
             189      58-60-307 , and obtained after completion of the education requirement in Subsection [(4)] (1)(d);
             190          [(6)] (f) document successful completion of not less than 1,000 hours of supervised
             191      training in mental health therapy obtained after completion of the education requirement described
             192      in Subsection [(4)(a) or (b)] (1)(d)(i) or (1)(d)(ii), which training may be included as part of the
             193      4,000 hours of training described in Subsection [(5)] (1)(e), and of which documented evidence
             194      demonstrates not less than 100 of the supervised hours were obtained during direct, personal,
             195      face-to-face supervision by a marriage and family therapist supervisor qualified under Section
             196      58-60-307 ; and
             197          [(7)] (g) pass the examination requirement established by division rule under Section
             198      58-1-203 .
             199          (2) (a) All applicants for certification as a marriage and family therapist intern shall
             200      comply with the provisions of Subsections (1)(a), (b), (c), and (d).
             201          (b) An individual's certification as a marriage and family therapist intern is limited to the
             202      period of time necessary to complete clinical training as described in Subsections (1)(e) and (f) and
             203      extends not more than one year from the date the minimum requirement for training is completed,
             204      unless the individual presents satisfactory evidence to the division and the appropriate board that
             205      the individual is making reasonable progress toward passing of the qualifying examination for that
             206      profession or is otherwise on a course reasonably expected to lead to licensure, but the period of
             207      time under this Subsection (2)(b) may not exceed two years past the date the minimum supervised
             208      clinical training requirement has been completed.
             209          Section 7. Section 58-60-308 is enacted to read:
             210          58-60-308. Scope of practice -- Limitations.
             211          (1) A licensed marriage and family therapist may engage in all acts and practices defined


             212      as the practice of marriage and family therapy without supervision, in private and independent
             213      practice, or as an employee of another person, limited only by the licensee's education, training,
             214      and competence.
             215          (2) (a) To the extent an individual has completed the educational requirements of
             216      Subsections 58-60-305 (1)(a) through (1)(d) a certified marriage and family therapist intern may
             217      engage in all acts and practices defined as the practice of marriage and family therapy if the
             218      practice is:
             219          (i) within the scope of employment as a certified marriage and family therapist intern with
             220      a public agency or a private clinic as defined by division rule; and
             221          (ii) under the supervision of a licensed marriage and family therapist who is qualified as
             222      a supervisor under Section 58-60-307 .
             223          (b) A certified marriage and family therapy intern may not engage in the independent
             224      practice of marriage and family therapy.
             225          Section 8. Section 58-60-404 is amended to read:
             226           58-60-404. License classification.
             227          The division shall issue licenses to individuals qualified under the provisions of this part
             228      in the classification of:
             229          (1) a professional counselor[.]; or
             230          (2) a certified professional counselor intern.
             231          Section 9. Section 58-60-405 is amended to read:
             232           58-60-405. Qualifications for licensure.
             233          (1) All applicants for licensure as a professional counselor shall:
             234          [(1)] (a) submit an application on a form provided by the division;
             235          [(2)] (b) pay a fee determined by the department under Section 63-38-3.2 ;
             236          [(3)] (c) be of good moral character;
             237          [(4)] (d) produce certified transcripts from an accredited institution of higher education
             238      recognized by the division in collaboration with the board verifying satisfactory completion of:
             239          [(a)] (i) an education and degree in an education program in counseling with a core
             240      curriculum defined by division rule under Section 58-1-203 preparing one to competently engage
             241      in mental health therapy; and
             242          [(b)] (ii) an earned doctoral or master's degree resulting from that education program;


             243          [(5)] (e) have completed a minimum of 4,000 hours of professional counselor training as
             244      defined by division rule under Section 58-1-203 , in not less than two years, under the supervision
             245      of a professional counselor, psychiatrist, psychologist, clinical social worker, registered psychiatric
             246      mental health nurse specialist, or marriage and family therapist supervisor approved by the division
             247      in collaboration with the board, and obtained after completion of the education requirement in
             248      Subsection [(4)] (1)(d);
             249          [(6)] (f) document successful completion of not less than 1,000 hours of supervised
             250      training in mental health therapy obtained after completion of the education requirement in
             251      Subsection [(4)] (1)(d), which training may be included as part of the 4,000 hours of training in
             252      Subsection [(5)] (1)(e), and of which documented evidence demonstrates not less than 100 of the
             253      hours were obtained under the direct personal face to face supervision of a mental health therapist
             254      approved by the division in collaboration with the board; and
             255          [(7)] (g) pass the examination requirement established by division rule under Section
             256      58-1-203 .
             257          (2) (a) All applicants for certification as a professional counselor intern shall comply with
             258      the provisions of Subsections (1)(a), (b), (c), and (d).
             259          (b) An individual's certification as a professional counselor intern is limited to the period
             260      of time necessary to complete clinical training as described in Subsections (1)(e) and (f) and
             261      extends not more than one year from the date the minimum requirement for training is completed,
             262      unless the individual presents satisfactory evidence to the division and the appropriate board that
             263      the individual is making reasonable progress toward passing of the qualifying examination for that
             264      profession or is otherwise on a course reasonably expected to lead to licensure, but the period of
             265      time under this Subsection (2)(b) may not exceed two years past the date the minimum supervised
             266      clinical training requirement has been completed.
             267          Section 10. Section 58-60-407 is enacted to read:
             268          58-60-407. Scope of practice -- Limitations.
             269          (1) A licensed professional counselor may engage in all acts and practices defined as the
             270      practice of professional counseling without supervision, in private and independent practice, or as
             271      an employee of another person, limited only by the licensee's education, training, and competence.
             272          (2) (a) To the extent an individual has completed the educational requirements of
             273      Subsections 58-60-308 (1)(a) through (1)(d), a certified professional counseling intern may engage


             274      in all acts and practices defined as the practice of professional counseling if the practice is:
             275          (i) within the scope of employment as a certified professional counselor with a public
             276      agency or private clinic as defined by division rule; and
             277          (ii) under supervision of a qualified licensed mental health therapist as defined in
             278      Subsection 58-60-405 (5).
             279          (b) A certified professional counselor intern may not engage in the independent practice
             280      of professional counseling.
             281          Section 11. Section 58-61-301 is amended to read:
             282           58-61-301. Licensure required.
             283          (1) (a) A license is required to engage in the practice of psychology, except as specifically
             284      provided in Section 58-1-307 .
             285          (b) Notwithstanding the provisions of Subsection 58-1-307 (1)(c) an individual shall be
             286      certified under this chapter as a psychology resident in order to engage in a residency program of
             287      supervised clinical training necessary to meet licensing requirements as a psychologist under this
             288      chapter.
             289          (2) The division shall issue to a person who qualifies under this chapter a license in the
             290      classification of:
             291          (a) psychologist; or
             292          (b) certified psychology resident.
             293          Section 12. Section 58-61-304 is amended to read:
             294           58-61-304. Qualifications for licensure by examination or endorsement.
             295          (1) All applicants for licensure as a psychologist based upon education, clinical training,
             296      and examination shall:
             297          (a) submit an application on a form provided by the division;
             298          (b) pay a fee determined by the department under Section 63-38-3.2 ;
             299          (c) be of good moral character;
             300          (d) produce certified transcripts of credit verifying satisfactory completion of a doctoral
             301      degree in psychology that includes specific core course work established by division rule under
             302      Section 58-1-203 , from an institution of higher education whose doctoral program, at the time the
             303      applicant received the doctoral degree, met approval criteria established by division rule made in
             304      consultation with the board;


             305          (e) have completed a minimum of 4,000 hours of psychology training as defined by
             306      division rule under Section 58-1-203 in not less than two years and under the supervision of a
             307      psychologist supervisor approved by the division in collaboration with the board, 2,000 hours of
             308      which are obtained after completion of a master's level of education in psychology and 2,000 hours
             309      of which shall be obtained after completion of the requirements for a doctoral degree in
             310      psychology;
             311          (f) to be qualified to engage in mental health therapy, document successful completion of
             312      not less than 1,000 hours of supervised training in mental health therapy obtained after completion
             313      of a master's level of education in psychology, which training may be included as part of the 4,000
             314      hours of training required in Subsection (1)(e), and for which documented evidence demonstrates
             315      not less than one hour of supervision for each 40 hours of supervised training was obtained under
             316      the direct personal face to face supervision of a psychologist approved by the division in
             317      collaboration with the board;
             318          (g) pass the examination requirement established by division rule under Section 58-1-203 ;
             319      and
             320          (h) meet with the board, upon request for good cause, for the purpose of evaluating the
             321      applicant's qualifications for licensure.
             322          (2) All applicants for licensure as a psychologist by endorsement based upon licensure in
             323      another jurisdiction shall:
             324          (a) submit an application on a form provided by the division;
             325          (b) pay a fee determined by the department under Section 63-38-3.2 ;
             326          (c) be of good moral character and professional standing, and not have any disciplinary
             327      action pending or in effect against the applicant's psychologist license in any jurisdiction;
             328          (d) have passed the Utah Psychologist Law and Ethics Examination established by division
             329      rule;
             330          (e) provide satisfactory evidence the applicant is currently licensed in another state,
             331      district, or territory of the United States, or in any other jurisdiction approved by the division in
             332      collaboration with the board;
             333          (f) provide satisfactory evidence the applicant has actively practiced psychology in that
             334      jurisdiction for not less than 2,000 hours or one year, whichever is greater; and
             335          (g) provide satisfactory evidence that:


             336          (i) the education, supervised experience, examination, and all other requirements for
             337      licensure in that jurisdiction at the time the applicant obtained licensure were substantially
             338      equivalent to the licensure requirements for a psychologist in Utah at the time the applicant
             339      obtained licensure in the other jurisdiction; or
             340          (ii) the applicant is a current holder of diplomate status in good standing from the
             341      American Board of Professional Psychology; and
             342          (h) meet with the board, upon request for good cause, for the purpose of evaluating the
             343      applicant's qualifications for licensure.
             344          (3) (a) All applicants for certification as a psychology resident shall comply with the
             345      provisions of Subsections (1)(a), (b), (c), (d), and (h).
             346          (b) An individual's certification as a psychology resident is limited to the period of time
             347      necessary to complete clinical training as described in Subsections (1)(e) and (f) and extends not
             348      more than one year from the date the minimum requirement for training is completed, unless the
             349      individual presents satisfactory evidence to the division and the Psychologist Licensing Board that
             350      the individual is making reasonable progress toward passing the qualifying examination or is
             351      otherwise on a course reasonably expected to lead to licensure as a psychologist, but the period of
             352      time under this Subsection (3)(b) may not exceed two years past the date the minimum supervised
             353      clinical training requirement has been completed.
             354          Section 13. Section 58-61-307 is amended to read:
             355           58-61-307. Exemptions from licensure.
             356          (1) Except as modified in Section 58-61-301 , the exemptions from licensure in Section
             357      58-1-307 apply to this chapter.
             358          (2) In addition to the exemptions from licensure in Section 58-1-307 , the following when
             359      practicing within the scope of the license held, may engage in acts included within the definition
             360      of practice as a psychologist, subject to the stated circumstances and limitations, without being
             361      licensed under this chapter:
             362          [(1) the following when practicing within the scope of the license held:]
             363          (a) a physician and surgeon or osteopathic physician licensed under Chapter 67, Utah
             364      Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act; and
             365          (b) a registered psychiatric mental health nurse specialist licensed under Chapter 31b,
             366      Nurse Practice Act;


             367          [(2)] (3) a recognized member of the clergy while functioning in his ministerial capacity
             368      as long as he does not represent himself as or use the title of psychologist;
             369          [(3)] (4) an individual who is offering expert testimony in any proceeding before a court,
             370      administrative hearing, deposition upon the order of any court or other body having power to order
             371      the deposition, or proceedings before any master, referee, or alternative dispute resolution
             372      provider;
             373          [(4)] (5) an individual engaged in performing hypnosis who is not licensed under [Title
             374      58, Occupations and Professions,] this title in a profession which includes hypnosis in its scope
             375      of practice, and who:
             376          (a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or
             377      altering lifestyles or habits, such as eating or smoking, through hypnosis;
             378          (ii) consults with a client to determine current motivation and behavior patterns;
             379          (iii) prepares the client to enter hypnotic states by explaining how hypnosis works and
             380      what the client will experience;
             381          (iv) tests clients to determine degrees of suggestibility;
             382          (v) applies hypnotic techniques based on interpretation of consultation results and analysis
             383      of client's motivation and behavior patterns; and
             384          (vi) trains clients in self-hypnosis conditioning;
             385          (b) may not:
             386          (i) engage in the practice of mental health therapy;
             387          (ii) represent himself using the title of a license classification in Subsection 58-60-102 (5);
             388      or
             389          (iii) use hypnosis with or treat a medical, psychological, or dental condition defined in
             390      generally recognized diagnostic and statistical manuals of medical, psychological, or dental
             391      disorders;
             392          [(5)] (6) an individual's exemption from licensure under Subsection 58-1-307 (1)(b) [or (c)
             393      while completing any supervised clinical training requirement for licensure as a psychologist
             394      extends not more than one year from the date the minimum requirement for training is completed,
             395      unless the individual presents satisfactory evidence to the division and the Psychologist Licensing
             396      Board that the individual is making reasonable progress toward passing the qualifying examination
             397      or is otherwise on a course reasonably expected to lead to licensure as a psychologist, but any


             398      exemption under this subsection may not exceed two years past the date the minimum supervised
             399      clinical training requirement has been completed] terminates when the student's training is no
             400      longer supervised by qualified faculty or staff and the activities are no longer a defined part of the
             401      degree program;
             402          [(6)] (7) an individual holding an earned doctoral degree in psychology who is employed
             403      by an accredited institution of higher education and who conducts research and teaches in that
             404      individual's professional field, but only if the individual does not engage in providing delivery or
             405      supervision of professional services regulated under this chapter to individuals or groups regardless
             406      of whether there is compensation for the services;
             407          [(7)] (8) any individual who was employed as a psychologist by a state, county, or
             408      municipal agency or other political subdivision of the state prior to July 1, 1981, and who
             409      subsequently has maintained employment as a psychologist in the same state, county, or municipal
             410      agency or other political subdivision while engaged in the performance of his official duties for
             411      that agency or political subdivision; and
             412          [(8)] (9) an individual licensed as a school psychologist under Section 53A-6-104 :
             413          (a) may represent himself as and use the terms "school psychologist" or " licensed school
             414      psychologist"; and
             415          (b) is restricted in his practice to employment within settings authorized by the State Board
             416      of Education; and
             417          [(9)] (10) an individual providing advice or counsel to another individual in a setting of
             418      their association as friends or relatives and in a nonprofessional and noncommercial relationship,
             419      if there is no compensation paid for the advice or counsel.
             420          Section 14. Section 58-61-308 is enacted to read:
             421          58-61-308. Scope of practice -- Limitations.
             422          (1) A psychologist may engage in all acts and practices defined as the practice of
             423      psychology without supervision, in private and independent practice, or as an employee of another
             424      person, limited only by the licensee's education, training, and competence.
             425          (2) An individual certified as a psychology resident may engage in all acts and practices
             426      defined as the practice of psychology only under conditions of employment as a psychology
             427      resident and under the supervision of a licensed psychologist who is an approved psychology
             428      training supervisor as defined by division rule. A certified psychology resident shall not engage


             429      in the independent practice of psychology.
             430          Section 15. Section 58-61-501 is amended to read:
             431           58-61-501. Unlawful conduct.
             432          As used in this chapter, "unlawful conduct" includes:
             433          (1) practice of psychology unless licensed as a psychologist or certified psychology
             434      resident under this chapter or exempted from licensure under this title;
             435          (2) practice of mental health therapy by a licensed psychologist who has not acceptably
             436      documented to the division his completion of the supervised training in psychotherapy required
             437      under Subsection 58-61-304 (1)(f); or
             438          (3) representing oneself as or using the title of psychologist, or certified psychology
             439      resident unless currently licensed under this chapter.
             440          Section 16. Section 58-61-502 is amended to read:
             441           58-61-502. Unprofessional conduct.
             442          (1) As used in this chapter, "unprofessional conduct" includes:
             443          (a) using or employing the services of any individual to assist a licensee in any manner not
             444      in accordance with the generally recognized practices, standards, or ethics of the profession for
             445      which the individual is licensed, or the laws of the state;
             446          (b) failure to confine practice conduct to those acts or practices:
             447          (i) in which the individual is competent by education, training, and experience within
             448      limits of education, training, and experience; and
             449          (ii) which are within applicable scope of practice laws of this chapter; and
             450          (c) disclosing or refusing to disclose any confidential communication under Section
             451      58-61-602 .
             452          (2) "Unprofessional conduct" under this chapter may be further defined by division rule.


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