H.B. 73 Enrolled

MENTAL HEALTH THERAPIST LICENSING ACT AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Judy Ann Buffmire
This act amends the Division of Occupational and Professional Licensing Act to place mental
health professionals who are undergoing clinical training under the supervision of the
division. The act authorizes the division to issue certifications of mental health interns and
residents. The act establishes requirements for certification as a marriage and family
therapy intern, a professional counselor intern and a psychology resident. The act limits a
certified resident or intern practice to supervised employed practice, and limits the
certification to the period of time necessary to complete training. The act clarifies the
elements of unprofessional conduct by specifically including practice by a certified intern or
resident without supervision or employment. The act amends the definition of unlawful
conduct to include false representations of certification as a mental health professional intern
or resident. This act makes technical amendments.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-60-103, as last amended by Chapters 21 and 81, Laws of Utah 1999
58-60-107, as last amended by Chapters 21 and 81, Laws of Utah 1999
58-60-109, as last amended by Chapter 248, Laws of Utah 1997
58-60-110, as last amended by Chapter 248, Laws of Utah 1997
58-60-304, as enacted by Chapter 32, Laws of Utah 1994
58-60-305, as last amended by Chapter 159, Laws of Utah 2000
58-60-404, as enacted by Chapter 32, Laws of Utah 1994
58-60-405, as last amended by Chapter 28, Laws of Utah 1995
58-61-301, as enacted by Chapter 32, Laws of Utah 1994
58-61-304, as last amended by Chapter 4, Laws of Utah 2000
58-61-307, as last amended by Chapter 224, Laws of Utah 2000
58-61-501, as enacted by Chapter 32, Laws of Utah 1994

58-61-502, as enacted by Chapter 32, Laws of Utah 1994
ENACTS:
58-60-308, Utah Code Annotated 1953
58-60-407, Utah Code Annotated 1953
58-61-308, 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 67, Utah Medical Practice
Act, or Chapter 68, Utah Osteopathic Medical Practice Act; Chapter 31b, 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.
(4) Notwithstanding the provisions of Subsection 58-1-307 (1)(c), an individual shall be
certified under this chapter, or otherwise exempted from licensure under this chapter in order to
engage in an internship or residency program of supervised clinical training necessary to meet the

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requirements for licensure as:
(a) a marriage and family therapist under Part 3; or
(b) a professional counselor under Part 4.
Section 2. Section 58-60-107 is amended to read:
58-60-107. Exemptions from licensure.
(1) Except as modified in Section 58-60-103 , the exemptions from licensure in Section
58-1-307 apply to this chapter.
(2) (a) In addition to the exemptions from licensure in Section 58-1-307 , the following may
engage in acts included within the definition of practice as a mental health therapist, subject to the
stated circumstances and limitations, without being licensed under this chapter:
[(1)] (b) the following when practicing within the scope of the license held:
[(a)] (i) a physician and surgeon or osteopathic physician and surgeon licensed under [Title
58,] Chapter 67, Utah Medical Practice Act, or [Title 58,] Chapter 68, Utah Osteopathic Medical
Practice Act;
[(b)] (ii) an advanced practice registered nurse, specializing in psychiatric mental health
nursing, licensed under [Title 58,] Chapter 31b, Nurse Practice Act; and
[(c)] (iii) a psychologist licensed under [Title 58,] Chapter 61, Psychologist Licensing Act;
[(2)] (3) a recognized member of the clergy while functioning in his ministerial capacity as
long as he does not represent himself as or use the title of a license classification in Subsection
58-60-102 (5);
[(3)] (4) 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 to order
the deposition, or proceedings before any master, referee, or alternative dispute resolution provider;
[(4)] (5) an individual engaged in performing hypnosis who is not licensed under [Title 58,
Occupations and Professions,] this title in a profession which includes hypnosis in its scope of
practice, and who:
(a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or altering
lifestyles or habits, such as eating or smoking, through hypnosis;

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

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compensation for the services;
[(7)] (8) an individual in an on-the-job training program approved by the division while
under the supervision of qualified persons;
[(8)] (9) an individual providing general education in the subjects of alcohol or drug use or
abuse, including prevention; and
[(9)] (10) an individual providing advice or counsel to another individual in a setting of their
association as friends or relatives and in a nonprofessional and noncommercial relationship, if there
is no compensation paid for the advice or counsel.
Section 3. 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;

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(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[.];
(l) certified professional counselor intern; or
(m) certified marriage and family therapist intern.
Section 4. 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:
(i) in which the individual is competent by education, training, and experience within limits
of education, training, and experience; and
(ii) which are within applicable scope of practice laws of this chapter; 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 5. Section 58-60-304 is amended to read:
58-60-304. License classification.
The division shall issue licenses to individuals qualified under this part in the classification
of:
(1) marriage and family therapist[.]; or

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(2) certified marriage and family therapist intern.
Section 6. Section 58-60-305 is amended to read:
58-60-305. Qualifications for licensure.
(1) All applicants for licensure as marriage and family therapists shall:
[(1)] (a) submit an application on a form provided by the division;
[(2)] (b) pay a fee determined by the department under Section 63-38-3.2 ;
[(3)] (c) be of good moral character;
[(4)] (d) produce certified transcripts evidencing completion of a masters or doctorate degree
in marriage and family therapy from:
[(a)] (i) a program accredited by the Commission on Accreditation for Marriage and Family
Therapy Education; or
[(b)] (ii) an accredited institution meeting criteria for approval established by rule under
Section 58-1-203 ;
[(5)] (e) have completed a minimum of 4,000 hours of marriage and family therapy training
as defined by division rule under Section 58-1-203 , in not less than two years, under the supervision
of a marriage and family therapist supervisor who meets the requirements of Section 58-60-307 , and
obtained after completion of the education requirement in Subsection [(4)] (1)(d);
[(6)] (f) document successful completion of not less than 1,000 hours of supervised training
in mental health therapy obtained after completion of the education requirement described in
Subsection [(4)(a) or (b)] (1)(d)(i) or (1)(d)(ii), which training may be included as part of the 4,000
hours of training described in Subsection [(5)] (1)(e), and of which documented evidence
demonstrates not less than 100 of the supervised hours were obtained during direct, personal,
face-to-face supervision by a marriage and family therapist supervisor qualified under Section
58-60-307 ; and
[(7)] (g) pass the examination requirement established by division rule under Section
58-1-203 .
(2) (a) All applicants for certification as a marriage and family therapist intern shall comply
with the provisions of Subsections (1)(a), (b), (c), and (d).

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(b) An individual's certification as a marriage and family therapist intern is limited to the
period of time necessary to complete clinical training as described in Subsections (1)(e) and (f) and
extends not more than one year from the date the minimum requirement for training is completed,
unless the individual presents satisfactory evidence to the division and the appropriate board that the
individual is making reasonable progress toward passing of the qualifying examination for that
profession or is otherwise on a course reasonably expected to lead to licensure, but the period of time
under this Subsection (2)(b) may not exceed two years past the date the minimum supervised clinical
training requirement has been completed.
Section 7. Section 58-60-308 is enacted to read:
58-60-308. Scope of practice -- Limitations.
(1) A licensed marriage and family therapist may engage in all acts and practices defined as
the practice of marriage and family therapy without supervision, in private and independent practice,
or as an employee of another person, limited only by the licensee's education, training, and
competence.
(2) (a) To the extent an individual has completed the educational requirements of
Subsections 58-60-305 (1)(a) through (1)(d) a certified marriage and family therapist intern may
engage in all acts and practices defined as the practice of marriage and family therapy if the practice
is:
(i) within the scope of employment as a certified marriage and family therapist intern with
a public agency or a private clinic as defined by division rule; and
(ii) under the supervision of a licensed marriage and family therapist who is qualified as a
supervisor under Section 58-60-307 .
(b) A certified marriage and family therapy intern may not engage in the independent
practice of marriage and family therapy.
Section 8. Section 58-60-404 is amended to read:
58-60-404. License classification.
The division shall issue licenses to individuals qualified under the provisions of this part in
the classification of:

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(1) a professional counselor[.]; or
(2) a certified professional counselor intern.
Section 9. Section 58-60-405 is amended to read:
58-60-405. Qualifications for licensure.
(1) All applicants for licensure as a professional counselor shall:
[(1)] (a) submit an application on a form provided by the division;
[(2)] (b) pay a fee determined by the department under Section 63-38-3.2 ;
[(3)] (c) be of good moral character;
[(4)] (d) produce certified transcripts from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of:
[(a)] (i) an education and degree in an education program in counseling with a core
curriculum defined by division rule under Section 58-1-203 preparing one to competently engage
in mental health therapy; and
[(b)] (ii) an earned doctoral or master's degree resulting from that education program;
[(5)] (e) have completed a minimum of 4,000 hours of professional counselor training as
defined by division rule under Section 58-1-203 , in not less than two years, under the supervision
of a professional counselor, psychiatrist, psychologist, clinical social worker, registered psychiatric
mental health nurse specialist, or marriage and family therapist supervisor approved by the division
in collaboration with the board, and obtained after completion of the education requirement in
Subsection [(4)] (1)(d);
[(6)] (f) document successful completion of not less than 1,000 hours of supervised training
in mental health therapy obtained after completion of the education requirement in Subsection [(4)]
(1)(d), which training may be included as part of the 4,000 hours of training in Subsection [(5)]
(1)(e), and of which documented evidence demonstrates not less than 100 of the hours were obtained
under the direct personal face to face supervision of a mental health therapist approved by the
division in collaboration with the board; and
[(7)] (g) pass the examination requirement established by division rule under Section
58-1-203 .

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(2) (a) All applicants for certification as a professional counselor intern shall comply with
the provisions of Subsections (1)(a), (b), (c), and (d).
(b) An individual's certification as a professional counselor intern is limited to the period of
time necessary to complete clinical training as described in Subsections (1)(e) and (f) and extends
not more than one year from the date the minimum requirement for training is completed, unless the
individual presents satisfactory evidence to the division and the appropriate board that the individual
is making reasonable progress toward passing of the qualifying examination for that profession or
is otherwise on a course reasonably expected to lead to licensure, but the period of time under this
Subsection (2)(b) may not exceed two years past the date the minimum supervised clinical training
requirement has been completed.
Section 10. Section 58-60-407 is enacted to read:
58-60-407. Scope of practice -- Limitations.
(1) A licensed professional counselor may engage in all acts and practices defined as the
practice of professional counseling without supervision, in private and independent practice, or as
an employee of another person, limited only by the licensee's education, training, and competence.
(2) (a) To the extent an individual has completed the educational requirements of
Subsections 58-60-308 (1)(a) through (1)(d), a certified professional counseling intern may engage
in all acts and practices defined as the practice of professional counseling if the practice is:
(i) within the scope of employment as a certified professional counselor with a public agency
or private clinic as defined by division rule; and
(ii) under supervision of a qualified licensed mental health therapist as defined in Subsection
58-60-405 (5).
(b) A certified professional counselor intern may not engage in the independent practice of
professional counseling.
Section 11. Section 58-61-301 is amended to read:
58-61-301. Licensure required.
(1) (a) A license is required to engage in the practice of psychology, except as specifically
provided in Section 58-1-307 .

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(b) Notwithstanding the provisions of Subsection 58-1-307 (1)(c) an individual shall be
certified under this chapter as a psychology resident in order to engage in a residency program of
supervised clinical training necessary to meet licensing requirements as a psychologist under this
chapter.
(2) The division shall issue to a person who qualifies under this chapter a license in the
classification of:
(a) psychologist; or
(b) certified psychology resident.
Section 12. Section 58-61-304 is amended to read:
58-61-304. Qualifications for licensure by examination or endorsement.
(1) All applicants for licensure as a psychologist based upon education, clinical training, and
examination shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) be of good moral character;
(d) produce certified transcripts of credit verifying satisfactory completion of a doctoral
degree in psychology that includes specific core course work established by division rule under
Section 58-1-203 , from an institution of higher education whose doctoral program, at the time the
applicant received the doctoral degree, met approval criteria established by division rule made in
consultation with the board;
(e) have completed a minimum of 4,000 hours of psychology training as defined by division
rule under Section 58-1-203 in not less than two years and under the supervision of a psychologist
supervisor approved by the division in collaboration with the board, 2,000 hours of which are
obtained after completion of a master's level of education in psychology and 2,000 hours of which
shall be obtained after completion of the requirements for a doctoral degree in psychology;
(f) to be qualified to engage in mental health therapy, document successful completion of
not less than 1,000 hours of supervised training in mental health therapy obtained after completion
of a master's level of education in psychology, which training may be included as part of the 4,000

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hours of training required in Subsection (1)(e), and for which documented evidence demonstrates
not less than one hour of supervision for each 40 hours of supervised training was obtained under
the direct personal face to face supervision of a psychologist approved by the division in
collaboration with the board;
(g) pass the examination requirement established by division rule under Section 58-1-203 ;
and
(h) meet with the board, upon request for good cause, for the purpose of evaluating the
applicant's qualifications for licensure.
(2) All applicants for licensure as a psychologist by endorsement based upon licensure in
another jurisdiction shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) be of good moral character and professional standing, and not have any disciplinary
action pending or in effect against the applicant's psychologist license in any jurisdiction;
(d) have passed the Utah Psychologist Law and Ethics Examination established by division
rule;
(e) provide satisfactory evidence the applicant is currently licensed in another state, district,
or territory of the United States, or in any other jurisdiction approved by the division in collaboration
with the board;
(f) provide satisfactory evidence the applicant has actively practiced psychology in that
jurisdiction for not less than 2,000 hours or one year, whichever is greater; and
(g) provide satisfactory evidence that:
(i) the education, supervised experience, examination, and all other requirements for
licensure in that jurisdiction at the time the applicant obtained licensure were substantially equivalent
to the licensure requirements for a psychologist in Utah at the time the applicant obtained licensure
in the other jurisdiction; or
(ii) the applicant is a current holder of diplomate status in good standing from the American
Board of Professional Psychology; and

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(h) meet with the board, upon request for good cause, for the purpose of evaluating the
applicant's qualifications for licensure.
(3) (a) All applicants for certification as a psychology resident shall comply with the
provisions of Subsections (1)(a), (b), (c), (d), and (h).
(b) An individual's certification as a psychology resident is limited to the period of time
necessary to complete clinical training as described in Subsections (1)(e) and (f) and extends not
more than one year from the date the minimum requirement for training is completed, unless the
individual presents satisfactory evidence to the division and the Psychologist Licensing Board that
the individual is making reasonable progress toward passing the qualifying examination or is
otherwise on a course reasonably expected to lead to licensure as a psychologist, but the period of
time under this Subsection (3)(b) may not exceed two years past the date the minimum supervised
clinical training requirement has been completed.
Section 13. Section 58-61-307 is amended to read:
58-61-307. Exemptions from licensure.
(1) Except as modified in Section 58-61-301 , the exemptions from licensure in Section
58-1-307 apply to this chapter.
(2) In addition to the exemptions from licensure in Section 58-1-307 , the following when
practicing within the scope of the license held, may engage in acts included within the definition of
practice as a psychologist, subject to the stated circumstances and limitations, without being licensed
under this chapter:
[(1) the following when practicing within the scope of the license held:]
(a) a physician and surgeon or osteopathic physician licensed under Chapter 67, Utah
Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act; and
(b) a registered psychiatric mental health nurse specialist licensed under Chapter 31b, Nurse
Practice Act;
[(2)] (3) a recognized member of the clergy while functioning in his ministerial capacity as
long as he does not represent himself as or use the title of psychologist;
[(3)] (4) an individual who is offering expert testimony in any proceeding before a court,

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administrative hearing, deposition upon the order of any court or other body having power to order
the deposition, or proceedings before any master, referee, or alternative dispute resolution provider;
[(4)] (5) an individual engaged in performing hypnosis who is not licensed under [Title 58,
Occupations and Professions,] this title in a profession which includes hypnosis in its scope of
practice, and who:
(a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or altering
lifestyles or habits, such as eating or smoking, through hypnosis;
(ii) consults with a client to determine current motivation and behavior patterns;
(iii) prepares the client to enter hypnotic states by explaining how hypnosis works and what
the client will experience;
(iv) tests clients to determine degrees of suggestibility;
(v) applies hypnotic techniques based on interpretation of consultation results and analysis
of client's motivation and behavior patterns; and
(vi) trains clients in self-hypnosis conditioning;
(b) may not:
(i) engage in the practice of mental health therapy;
(ii) represent himself using the title of a license classification in Subsection 58-60-102 (5);
or
(iii) use hypnosis with or treat a medical, psychological, or dental condition defined in
generally recognized diagnostic and statistical manuals of medical, psychological, or dental
disorders;
[(5)] (6) an individual's exemption from licensure under Subsection 58-1-307 (1)(b) [or (c)
while completing any supervised clinical training requirement for licensure as a psychologist extends
not more than one year from the date the minimum requirement for training is completed, unless the
individual presents satisfactory evidence to the division and the Psychologist Licensing Board that
the individual is making reasonable progress toward passing the qualifying examination or is
otherwise on a course reasonably expected to lead to licensure as a psychologist, but any exemption
under this subsection may not exceed two years past the date the minimum supervised clinical

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training requirement has been completed] terminates when the student's training is no longer
supervised by qualified faculty or staff and the activities are no longer a defined part of the degree
program;
[(6)] (7) an individual holding an earned doctoral degree in psychology who is employed by
an accredited institution of higher education and who conducts research and teaches in that
individual's professional field, but only if the individual does not engage in providing delivery or
supervision of professional services regulated under this chapter to individuals or groups regardless
of whether there is compensation for the services;
[(7)] (8) any individual who was employed as a psychologist by a state, county, or municipal
agency 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 other
political subdivision while engaged in the performance of his official duties for that agency or
political subdivision; [and]
[(8)] (9) an individual licensed as a school psychologist under Section 53A-6-104 :
(a) may represent himself as and use the terms "school psychologist" or " licensed school
psychologist"; and
(b) is restricted in his practice to employment within settings authorized by the State Board
of Education; and
[(9)] (10) an individual providing advice or counsel to another individual in a setting of their
association as friends or relatives and in a nonprofessional and noncommercial relationship, if there
is no compensation paid for the advice or counsel.
Section 14. Section 58-61-308 is enacted to read:
58-61-308. Scope of practice -- Limitations.
(1) A psychologist may engage in all acts and practices defined as the practice of psychology
without supervision, in private and independent practice, or as an employee of another person,
limited only by the licensee's education, training, and competence.
(2) An individual certified as a psychology resident may engage in all acts and practices
defined as the practice of psychology only under conditions of employment as a psychology resident

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and under the supervision of a licensed psychologist who is an approved psychology training
supervisor as defined by division rule. A certified psychology resident shall not engage in the
independent practice of psychology.
Section 15. Section 58-61-501 is amended to read:
58-61-501. Unlawful conduct.
As used in this chapter, "unlawful conduct" includes:
(1) practice of psychology unless licensed as a psychologist or certified psychology resident
under this chapter or exempted from licensure under this title;
(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 psychotherapy required
under Subsection 58-61-304 (1)(f); or
(3) representing oneself as or using the title of psychologist, or certified psychology resident
unless currently licensed under this chapter.
Section 16. Section 58-61-502 is amended to read:
58-61-502. 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:
(i) in which the individual is competent by education, training, and experience within limits
of education, training, and experience; and
(ii) which are within applicable scope of practice laws of this chapter; and
(c) disclosing or refusing to disclose any confidential communication under Section
58-61-602 .
(2) "Unprofessional conduct" under this chapter may be further defined by division rule.

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