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S.B. 194 Enrolled
AN ACT RELATING TO HEALTH; INCLUDING IN THE LICENSED SUBSTANCE ABUSE
COUNSELOR ACT PROVISIONS REGARDING CONFIDENTIALITY AND
EVIDENTIARY PRIVILEGE; INCLUDING CROSS REFERENCES REGARDING
PROFESSIONAL CONDUCT; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-60-103, as enacted by Chapter 32, Laws of Utah 1994
58-60-109, as enacted by Chapter 32, Laws of Utah 1994
58-60-110, as enacted by Chapter 32, Laws of Utah 1994
ENACTS:
58-60-509, Utah Code Annotated 1953
58-60-510, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-60-103 is amended to read:
58-60-103. Licensure required.
(1) An individual shall be licensed under this chapter; [
Chapter 68, Utah Osteopathic Medical Practice Act; Chapter 31, Nurse Practice Act; Chapter 61,
Psychologist Licensing Act; or exempted from licensure under this chapter in order to:
(a) engage in or represent he will engage in the practice of mental health therapy, clinical
social work, certified social work, marriage and family therapy, or professional counseling; or
(b) practice as or represent himself as a mental health therapist, clinical social worker,
certified social worker, marriage and family therapist, professional counselor, psychiatrist,
psychologist, or registered psychiatric mental health nurse specialist.
(2) An individual shall be licensed under this chapter or exempted from licensure under this
chapter in order to:
(a) engage in or represent that he is engaged in practice as a social service worker; or
(b) represent himself as or use the title of social service worker.
(3) An individual shall be licensed under this chapter or exempted from licensure under this
chapter in order to:
(a) engage in or represent that he is engaged in practice as a licensed substance abuse
counselor; or
(b) represent himself as or use the title of licensed substance abuse counselor.
Section 2. Section 58-60-109 is amended to read:
58-60-109. Unlawful conduct.
As used in this chapter, "unlawful conduct" includes:
(1) practice of the following unless licensed in the appropriate classification or exempted
from licensure under this title:
(a) mental health therapy;
(b) clinical social work;
(c) certified social work;
(d) marriage and family therapy;
(e) professional counseling; [
(f) practice as a social service worker; or
(g) licensed substance abuse counselor;
(2) practice of mental health therapy by a licensed psychologist who has not acceptably
documented to the division his completion of the supervised training in mental health therapy
required under Subsection 58-61-304(1)(f); or
(3) representing oneself as or using the title of any of the following unless currently licensed
in a license classification under this title:
(a) psychiatrist;
(b) psychotherapist;
(c) registered psychiatric mental health nurse specialist;
(d) mental health therapist;
(e) clinical social worker;
(f) certified social worker;
(g) marriage and family therapist;
(h) professional counselor;
(i) clinical hypnotist; [
(j) social service worker; or
(k) licensed substance abuse counselor.
Section 3. Section 58-60-110 is amended to read:
58-60-110. Unprofessional conduct.
(1) As used in this chapter, "unprofessional conduct" includes:
(a) using or employing the services of any individual to assist a licensee in any manner not
in accordance with the generally recognized practices, standards, or ethics of the profession for
which the individual is licensed, or the laws of the state;
(b) failure to confine practice conduct to those acts or practices in which the individual is
competent by education, training, and experience within limits of education, training, and
experience; and
(c) disclosing or refusing to disclose any confidential communication under Section
58-60-114 or 58-60-509.
(2) "Unprofessional conduct" under this chapter may be further defined by division rule.
Section 4. Section 58-60-509 is enacted to read:
58-60-509. Confidentiality -- Exemptions.
(1) A licensed substance abuse counselor under this part may not disclose any confidential
communication with a client or patient without the express consent of:
(a) the client or patient;
(b) the parent or legal guardian of a minor client or patient; or
(c) the authorized agent of a client or patient.
(2) A licensed substance abuse counselor under this part is not subject to Subsection (1) if:
(a) he is permitted or required by state or federal law, rule, regulation, or order to report or
disclose any confidential communication, including:
(i) reporting under Title 62A, Chapter 4a, Part 5, Child Abuse or Neglect Reporting
Requirements;
(ii) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of Disabled
Adult;
(iii) reporting under Title 78, Chapter 14a, Limitation of Therapist's Duty to Warn; and
(iv) reporting of a communicable disease as required under Section 26-6-6;
(b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
(c) the disclosure is made under a generally recognized professional or ethical standard that
authorizes or requires the disclosure.
Section 5. Section 58-60-510 is enacted to read:
58-60-510. Evidentiary privilege.
Evidentiary privilege for licensed substance abuse counselors regarding admissibility of any
confidential communication in administrative, civil, or criminal proceedings is in accordance with
Rule 506, Utah Rules of Evidence.
Section 6. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.
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