2006 Utah Code - 58-60-107 — Exemptions from licensure.

     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:
     (b) the following when practicing within the scope of the license held:
     (i) a physician and surgeon or osteopathic physician and surgeon licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
     (ii) an advanced practice registered nurse, specializing in psychiatric mental health nursing, licensed under Chapter 31b, Nurse Practice Act; and
     (iii) a psychologist licensed under Chapter 61, Psychologist Licensing Act;
     (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);
     (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;
     (5) an individual engaged in performing hypnosis who is not licensed under 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;
     (6) an individual's exemption from licensure under Subsection 58-1-307(1)(b) 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;
     (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 compensation for the services;
     (8) an individual in an on-the-job training program approved by the division while under the supervision of qualified persons;
     (9) an individual providing general education in the subjects of alcohol or drug use or abuse, including prevention; and
     (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.

Amended by Chapter 281, 2001 General Session