Title 58, Occupations and Professions

58-60b-102. Section 2 -- Definitions. As used in this Compact, and except as otherwise provided, the following definitions shall apply: A. "Active Military Member" means any individual with full-time duty status in the active armed forces of the United States including members of…

58-60b-103. Section 3 -- State participation in the Compact. A. To be eligible to participate in the compact, a potential Member State must currently meet all of the following criteria: 1. License and regulate the practice of Social Work at either the clinical, master's, or bache…

58-60b-104. Section 4 -- Social Worker participation in the Compact. A. To be eligible for a Multistate License under the terms and provisions of the Compact, an applicant, regardless of category must: 1. Hold or be eligible for an active, Unencumbered License in the Home State; …

58-60b-105. Section 5 -- Issuance of a Multistate License. A. Upon receipt of an application for Multistate License, the Home State Licensing Authority shall determine the applicant's eligibility for a Multistate License in accordance with Section 4 of this Compact. B. If such ap…

58-60b-106. Section 6 -- Authority of Interstate Compact Commission and Member State Licensing Authorities. A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Member State to enact and enforce l…

58-60b-107. Section 7 -- Reissuance of a Multistate License by a new Home State. A. A Licensee can hold a Multistate License, issued by their Home State, in only one Member State at any given time. B. If a Licensee changes their Home State by moving between two Member States: 1. …

58-60b-108. Section 8 -- Military families. An Active Military Member or their spouse shall designate a Home State where the individual has a Multistate License. The individual may retain their Home State designation during the period the service member is on active duty.

58-60b-109. Section 9 -- Adverse Actions. A. In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to: 1. Take Adverse Action against a Regulated Social Worker's Multistate Authorization…

58-60b-110. Section 10 -- Establishment of Social Work Licensure Compact Commission. A. The Compact Member States hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the Social Work Licensure …

58-60b-111. Section 11 -- Data System. A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated Data System. B. The Commission shall assign each applicant for a Multistate License a unique identifier, as determined by the Rules…

58-60b-112. Section 12 -- Rulemaking. A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A Rule shall be invalid and have no force or effect only if a court of competent …

58-60b-113. Section 13 -- Oversight, dispute resolution, and enforcement. A. Oversight 1. The executive and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact. 2. Except as …

58-60b-114. Section 14 -- Effective date, withdrawal, and amendment. A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State. 1. On or after the effective date of the Compact, the Commission shall convene and …

58-60b-115. Section 15 -- Construction and severability. A. This Compact and the Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authoriz…

58-60b-116. Section 16 -- Consistent effect and conflict with other state laws. A. A Licensee providing services in a Remote State under a Multistate Authorization to Practice shall adhere to the laws and regulations, including laws, regulations, and applicable standards, of the …

58-60b-201. Rulemaking authority -- State authority over scope of practice. (1) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this chapter. (2) Notwithstanding any provision in Sections 58-60b-101 through 58-…

58-61-101. Title. This chapter is known as the "Psychologist Licensing Act."

58-61-102. Definitions. As used in this chapter: (1) "Board" means the Behavioral Health Board created in Section 58-60-102.5. (2) "Client" or "patient" means an individual who a psychologist, acting in a professional capacity, consults, examines, or interviews. (3) "Confidential…

58-61-301. Licensure required -- Certifications. (1)(a) A license is required to engage in the practice of psychology, except as specifically provided in Section 58-1-307. (b) Notwithstanding the provisions of Subsection 58-1-307(1)(c) an individual shall be certified under this …

58-61-302. Term of license. (1)(a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by division rule. (b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycle…

58-61-304. Qualifications for licensure by examination or endorsement. (1) An applicant for licensure as a psychologist based upon education, clinical training, and examination shall: (a) submit an application on a form the division approves; (b) pay a fee determined by the depar…

58-61-305. Qualifications for admission to examination. All applicants for admission to any examination qualifying an individual for licensure under this chapter shall: (1) submit an application on a form provided by the division; (2) pay the fee established for the examination; …

58-61-306. Continuing education. By rule made under Section 58-1-203, the division may establish a continuing education requirement as a condition for renewal of a license under this chapter upon finding continuing education is necessary to reasonably protect the public health, s…

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 …

58-61-308. Scope of practice -- Limitations. (1)(a) Subject to Subsections (1)(b) through (f), an individual licensed as 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 em…

58-61-401. Grounds for denial of licensure or certification -- Disciplinary proceedings. (1) As used in this section: (a) "License" includes a certification issued under this chapter. (b) "Licensed" includes a person certified under this chapter. (c) "Licensee" includes a certifi…

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 b…

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 profe…

58-61-503. Penalty for unlawful conduct. An individual who commits any act of unlawful conduct as defined in: (1) Subsection 58-61-501(1) or (2) is guilty of a third degree felony; or (2) Subsection 58-61-501(3) is guilty of a class A misdemeanor.

58-61-504. Reporting of unprofessional or unlawful conduct -- Immunity from liability. (1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section 58-61-102 by a person licensed under this chapter or an individual not licensed under this chapter and en…

58-61-601. Evidentiary privilege. Evidentiary privilege for psychologists regarding admissibility of any confidential communication in administrative, civil, or criminal proceedings is in accordance with Rule 506 of the Utah Rules of Evidence.

58-61-602. Confidentiality -- Exemptions. (1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a psychologist under this chapter may not disclose any confidential communication with a client or patient without the express written consent of: (a)…

58-61-701. Title. This part is known as the "Behavior Analyst Licensing Act."

58-61-702. Definitions. In addition to the definitions in Section 58-61-102, as used in this part: (1) "Confidential communication" means information obtained by an individual licensed or registered under this part, including information obtained by the individual's observation o…

58-61-703. License or registration required. (1) A license or registration is required to engage in the practice of behavior analysis, except as specifically provided in Section 58-1-307. (2) The division shall issue to a person who qualifies under this part a license in the clas…

58-61-704. Term of license or registration. (1)(a) The division shall issue each license under this part with a two-year renewal cycle established by division rule. (b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles…

58-61-705. Qualifications for licensure -- By examination -- By certification. (1) An applicant for licensure as a behavior analyst based upon education, supervised experience, and national examination shall: (a)(i) submit an application on a form provided by the division; (ii) p…

58-61-706. Continuing education. (1) The division may establish administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requiring continuing education as a condition for renewal of any license classification or maintaining a registration …

58-61-707. Exemptions from licensure. 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 in the definition of the practice of behavior analysis, subject to the stated ci…

58-61-708. License and registration denial and discipline. The division's grounds for refusing to issue a license or registration to an applicant, for refusing to renew the license of a licensed individual or registration of a registered individual, for revoking, suspending, rest…

58-61-709. Unlawful conduct. As used in this part, "unlawful conduct" includes: (1) practice of behavior analysis unless licensed as a behavior analyst or assistant behavior analyst under this part, registered as a behavior specialist or assistant behavior specialist, or exempted…

58-61-710. Unprofessional conduct. As used in this part, "unprofessional conduct" includes: (1) using or employing the services of any individual to assist a licensed behavior analyst, licensed assistant behavior analyst, registered behavior specialist, or registered assistant be…

58-61-711. Penalty for unlawful conduct. An individual who commits any act of unlawful conduct as defined in: (1) Subsection 58-61-501(1) is guilty of a third degree felony; or (2) Subsection 58-61-501(2) is guilty of a class A misdemeanor.

58-61-712. Reporting of unprofessional or unlawful conduct -- Immunity from liability. (1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section 58-61-102 by a person licensed or registered under this chapter or an individual not licensed or register…

58-61-713. Confidentiality -- Exemptions. (1) A behavior analyst or behavior specialist under this chapter may not disclose any confidential communication with a client or patient without the express written consent of: (a) the client or patient; (b) the parent or legal guardian …

58-61-714. Third party payment for licensed behavior analyst. Notwithstanding the provisions of Section 31A-22-618, payment from third party payers for behavior analysis may be limited to: (1) a licensed behavior analyst as defined in Section 58-61-702; and (2) the following, wor…