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 communication" means information, including information obtained by the psychologist's examination of the client or patient, which is: (a) (i) transmitted between the client or patient and a psychologist in the course of that relationship; or (ii) transmitted among the client or patient, the psychologist, and individuals who are participating in the diagnosis or treatment under the direction of the psychologist, including members of the client's or patient's family; and (b) made in confidence, for the diagnosis or treatment of the client or patient by the psychologist, and by a means not intended to be disclosed to third persons other than those individuals: (i) present to further the interest of the client or patient in the consultation, examination, or interview; (ii) reasonably necessary for the transmission of the communications; or (iii) participating in the diagnosis and treatment of the client or patient under the direction of the psychologist. (4) "Hypnosis" means, regarding individuals exempted from licensure under this chapter, a process by which one individual induces or assists another individual into a hypnotic state without the use of drugs or other substances and for the purpose of increasing motivation or to assist the individual to alter lifestyles or habits. (5) "Individual" means a natural person. (6) "Mental health therapist" means an individual licensed under this title as a: (a) physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy; (b) an advanced practice registered nurse, specializing in psychiatric mental health nursing; (c) an advanced practice registered nurse intern, specializing in psychiatric mental health nursing; (d) psychologist qualified to engage in the practice of mental health therapy; (e) a certified psychology resident qualifying to engage in the practice of mental health therapy; (f) clinical social worker; (g) certified social worker; (h) marriage and family therapist; (i) an associate marriage and family therapist; (j) a clinical mental health counselor; or (k) an associate clinical mental health counselor. (7) "Mental illness" means a mental disorder defined in an approved diagnostic and statistical manual for mental disorders generally recognized in the professions of mental health therapy listed under Subsection (6). (8) "Practice of mental health therapy" means the treatment or prevention of mental illness, whether in person or remotely, including: (a) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder; (b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (6); (c) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; and (d) engaging in the conduct of professional intervention, including psychotherapy by the application of established methods and procedures generally recognized in the professions of mental health therapy listed under Subsection (6). (9) (a) "Practice of psychology" includes: (i) the practice of mental health therapy by means of observation, description, evaluation, interpretation, intervention, and treatment to effect modification of human behavior by the application of generally recognized professional psychological principles, methods, and procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, the symptoms of any of these, or maladaptive behavior; (ii) the observation, description, evaluation, interpretation, or modification of human behavior by the application of generally recognized professional principles, methods, or procedures requiring the education, training, and clinical experience of a psychologist, for the purpose of assessing, diagnosing, preventing, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health; (iii) psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; (iv) counseling, marriage and family therapy, psychoanalysis, psychotherapy, hypnosis, and behavior analysis and therapy; (v) diagnosis and treatment of mental and emotional disorders of disability, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness, accident, injury, or disability; and (vi) psychoeducational evaluation, therapy, remediation, and consultation. (b) An individual practicing psychology may provide services to individuals, couples, families, groups of individuals, members of the public, and individuals or groups within organizations or institutions. (10) "Remotely" means communicating via internet, telephone, or other electronic means that facilitate real-time audio or visual interaction between individuals when they are not physically present in the same room at the same time. (11) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-61-501. (12) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-61-502, and as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
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