H.B. 261

1

REGULATION OF RESTRAINT THERAPY
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mike Thompson
5 This act modifies the Mental Health Professional Licensing Act. The act requires that an
6 individual be licensed as a mental health therapist in order to use, practice, or apply physical
7 or mechanical restraint on or to a minor or nonconsenting adult. The act restricts the use,
8 practice, or application of restraint to certain circumstances.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 58-60-103, as last amended by Chapter 281, Laws of Utah 2001
12 ENACTS:
13 58-60-117, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 58-60-103 is amended to read:
16 58-60-103. Licensure required.
17 (1) An individual shall be licensed under this chapter; Chapter 67, Utah Medical Practice
18 Act, or Chapter 68, Utah Osteopathic Medical Practice Act; Chapter 31b, Nurse Practice Act;
19 Chapter 61, Psychologist Licensing Act; or exempted from licensure under this chapter in order
20 to:
21 (a) engage in or represent he will engage in the practice of mental health therapy, clinical
22 social work, certified social work, marriage and family therapy, or professional counseling; or
23 (b) practice as or represent himself as a mental health therapist, clinical social worker,
24 certified social worker, marriage and family therapist, professional counselor, psychiatrist,
25 psychologist, or registered psychiatric mental health nurse specialist.
26 (2) An individual shall be licensed under this chapter or exempted from licensure under
27 this chapter in order to:

28 (a) engage in or represent that he is engaged in practice as a social service worker; or
29 (b) represent himself as or use the title of social service worker.
30 (3) An individual shall be licensed under this chapter or exempted from licensure under
31 this chapter in order to:
32 (a) engage in or represent that he is engaged in practice as a licensed substance abuse
33 counselor; or
34 (b) represent himself as or use the title of licensed substance abuse counselor.
35 (4) Notwithstanding the provisions of Subsection 58-1-307 (1)(c), an individual shall be
36 certified under this chapter, or otherwise exempted from licensure under this chapter in order to
37 engage in an internship or residency program of supervised clinical training necessary to meet the
38 requirements for licensure as:
39 (a) a marriage and family therapist under Part 3; or
40 (b) a professional counselor under Part 4.
41 (5) (a) An individual shall be licensed under this chapter in order to practice, use, or apply
42 physical or mechanical restraint on or to a minor or a nonconsenting adult.
43 (b) The limitation of Subsection (5)(a) does not apply under the circumstances described
44 in Subsection 58-60-117 (2).
45 Section 2. Section 58-60-117 is enacted to read:
46 58-60-117. Restraint therapy.
47 (1) A mental health therapist may not practice, use, or apply physical or mechanical
48 restraint on or to a patient unless the mental health therapist determines that restraint is reasonably
49 needed to:
50 (a) protect the patient or another person from physical injury;
51 (b) protect property from being damaged; or
52 (c) prevent flight from a hospital, as defined in Section 62A-4a-801 , to which the patient
53 has been admitted.
54 (2) When the mental health therapist is absent, trained staff of the mental health therapist
55 or of the hospital may also use or apply physical or mechanical restraint under the circumstances
56 described in Subsection (1)(c).

Legislative Review Note
as of 1-17-02 3:40 PM

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

Office of Legislative Research and General Counsel