H.B. 356

1

PROHIBITION OF REBIRTHING THERAPY
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mike Thompson
5 This act amends the Mental Health Professional Practice Act and the Psychologist Licensing
6 Act. The act makes it unlawful to use or recommend rebirthing or similar therapies.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 58-60-102, as last amended by Chapter 81, Laws of Utah 1999
10 58-60-109, as last amended by Chapter 281, Laws of Utah 2001
11 58-60-111, as enacted by Chapter 32, Laws of Utah 1994
12 58-61-501, as last amended by Chapter 281, Laws of Utah 2001
13 58-61-503, as enacted by Chapter 32, Laws of Utah 1994
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 58-60-102 is amended to read:
16 58-60-102. Definitions.
17 In addition to the definitions in Section 58-1-102 , as used in this chapter:
18 (1) "Client" or "patient" means an individual who consults or is examined or interviewed
19 by a mental health therapist acting in his professional capacity.
20 (2) "Confidential communication" means information, including information obtained by
21 the mental health therapist's examination of the client or patient, which is:
22 (a) (i) transmitted between the client or patient and a mental health therapist in the course
23 of that relationship; or
24 (ii) transmitted among the client or patient, the mental health therapist, and individuals
25 who are participating in the diagnosis or treatment under the direction of the mental health
26 therapist, including members of the client's or patient's family; and
27 (b) made in confidence, for the diagnosis or treatment of the client or patient by the mental

28 health therapist, and by a means not intended to be disclosed to third persons other than those
29 individuals:
30 (i) present to further the interest of the client or patient in the consultation, examination,
31 or interview;
32 (ii) reasonably necessary for the transmission of the communications; or
33 (iii) participating in the diagnosis and treatment of the client or patient under the direction
34 of the mental health therapist.
35 (3) "Hypnosis" means, regarding individuals exempted from licensure under this chapter,
36 a process by which one individual induces or assists another individual into a hypnotic state
37 without the use of drugs or other substances and for the purpose of increasing motivation or to
38 assist the individual to alter lifestyles or habits.
39 (4) "Individual" means a natural person.
40 (5) "Mental health therapist" means an individual licensed under this title as:
41 (a) a physician and surgeon, or osteopathic physician engaged in the practice of mental
42 health therapy;
43 (b) an advanced practice registered nurse, specializing in psychiatric mental health nursing;
44 (c) a psychologist qualified to engage in the practice of mental health therapy;
45 (d) a clinical social worker;
46 (e) a certified social worker;
47 (f) a marriage and family therapist; or
48 (g) a professional counselor.
49 (6) "Mental illness" means a mental or emotional condition defined in an approved
50 diagnostic and statistical manual for mental disorders generally recognized in the professions of
51 mental health therapy listed under Subsection (5).
52 (7) "Practice of mental health therapy" means treatment or prevention of mental illness,
53 including:
54 (a) conducting a professional evaluation of an individual's condition of mental health,
55 mental illness, or emotional disorder consistent with standards generally recognized in the
56 professions of mental health therapy listed under Subsection (5);
57 (b) establishing a diagnosis in accordance with established written standards generally
58 recognized in the professions of mental health therapy listed under Subsection (5);

59 (c) prescribing a plan for the prevention or treatment of a condition of mental illness or
60 emotional disorder; and
61 (d) engaging in the conduct of professional intervention, including psychotherapy by the
62 application of established methods and procedures generally recognized in the professions of
63 mental health therapy listed under Subsection (5).
64 (8) "Rebirthing therapy" means the reenactment of the birthing process through therapy
65 techniques that create a situation in which a patient may suffer physical injury or death.
66 [(8)] (9) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-60-109 .
67 [(9)] (10) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-60-110 , and
68 may be further defined by division rule.
69 Section 2. Section 58-60-109 is amended to read:
70 58-60-109. Unlawful conduct.
71 (1) As used in this chapter, "unlawful conduct" includes:
72 [(1)] (a) practice of the following unless licensed in the appropriate classification or
73 exempted from licensure under this title:
74 [(a)] (i) mental health therapy;
75 [(b)] (ii) clinical social work;
76 [(c)] (iii) certified social work;
77 [(d)] (iv) marriage and family therapy;
78 [(e)] (v) professional counseling;
79 [(f)] (vi) practice as a social service worker; or
80 [(g)] (vii) licensed substance abuse counselor;
81 [(2)] (b) practice of mental health therapy by a licensed psychologist who has not
82 acceptably documented to the division his completion of the supervised training in mental health
83 therapy required under Subsection 58-61-304 (1)(f); or
84 [(3)] (c) representing oneself as or using the title of any of the following unless currently
85 licensed in a license classification under this title:
86 [(a)] (i) psychiatrist;
87 [(b)] (ii) psychotherapist;
88 [(c)] (iii) registered psychiatric mental health nurse specialist;
89 [(d)] (iv) mental health therapist;

90 [(e)] (v) clinical social worker;
91 [(f)] (vi) certified social worker;
92 [(g)] (vii) marriage and family therapist;
93 [(h)] (viii) professional counselor;
94 [(i)] (ix) clinical hypnotist;
95 [(j)] (x) social service worker;
96 [(k)] (xi) licensed substance abuse counselor;
97 [(l)] (xii) certified professional counselor intern; or
98 [(m)] (xiii) certified marriage and family therapist intern[.]; or
99 (d) using or recommending rebirthing therapy or any therapy technique that may be
100 considered similar to rebirthing therapy.
101 (2) For purposes of Subsection (1), a parent or legal guardian may not consent to rebirthing
102 therapy on behalf of a child or ward.
103 Section 3. Section 58-60-111 is amended to read:
104 58-60-111. Penalty for unlawful conduct.
105 An individual who commits any act of unlawful conduct as defined in:
106 (1) Subsection 58-60-109 (1)(a) or [(2)] (b) is guilty of a third degree felony; or
107 (2) Subsection 58-60-109 [(3)] (1)(c) or (d) is guilty of a class A misdemeanor.
108 Section 4. Section 58-61-501 is amended to read:
109 58-61-501. Unlawful conduct.
110 (1) As used in this chapter, "unlawful conduct" includes:
111 [(1)] (a) practice of psychology unless licensed as a psychologist or certified psychology
112 resident under this chapter or exempted from licensure under this title;
113 [(2)] (b) practice of mental health therapy by a licensed psychologist who has not
114 acceptably documented to the division his completion of the supervised training in psychotherapy
115 required under Subsection 58-61-304 (1)(f); [or]
116 [(3)] (c) representing oneself as or using the title of psychologist, or certified psychology
117 resident unless currently licensed under this chapter[.]; or
118 (d) using or recommending rebirthing therapy, as defined in Section 58-60-102 , or any
119 therapy technique that may be considered similar to rebirthing therapy.
120 (2) For purposes of Subsection (1), a parent or legal guardian may not consent to rebirthing

121 therapy on behalf of a child or ward.
122 Section 5. Section 58-61-503 is amended to read:
123 58-61-503. Penalty for unlawful conduct.
124 An individual who commits any act of unlawful conduct as defined in:
125 (1) Subsection 58-61-501 (1)(a) or [(2)] (b) is guilty of a third degree felony; or
126 (2) Subsection 58-61-501 [(3)] (1)(c) or (d) is guilty of a class A misdemeanor.




Legislative Review Note
as of 2-6-02 8:34 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel