§ 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) 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:

(2)(a) the following when practicing within the scope of the license held:
(2)(a)(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;
(2)(a)(ii) an advanced practice registered nurse, specializing in psychiatric mental health nursing, licensed under Chapter 31b, Nurse Practice Act;
(2)(a)(iii) a psychologist licensed under Chapter 61, Psychologist Licensing Act; and
(2)(a)(iv) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act, and specializing in mental health care under Section 58-70a-501.1;
(2)(b) a recognized member of the clergy while functioning in a ministerial capacity as long as the member of the clergy does not represent that the member of the clergy is, or use the title of, a license classification in Subsection 58-60-102(5);
(2)(c) an individual who is offering expert testimony in a proceeding before a court, administrative hearing, deposition upon the order of a court or other body having power to order the deposition, or a proceeding before a master, referee, or alternative dispute resolution provider;
(2)(d) 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:
(2)(d)(i) (2)(d)(i)(A) 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;
(2)(d)(i)(B) consults with a client to determine current motivation and behavior patterns;
(2)(d)(i)(C) prepares the client to enter hypnotic states by explaining how hypnosis works and what the client will experience;
(2)(d)(i)(D) tests clients to determine degrees of suggestibility;
(2)(d)(i)(E) applies hypnotic techniques based on interpretation of consultation results and analysis of client's motivation and behavior patterns; and
(2)(d)(i)(F) trains clients in self-hypnosis conditioning;
(2)(d)(ii) may not:

(2)(d)(ii)(A) engage in the practice of mental health therapy;
(2)(d)(ii)(B) use the title of a license classification in Subsection 58-60-102(5); or
(2)(d)(ii)(C) 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;
(2)(e) 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;
(2)(f) an individual holding an earned doctoral degree or master's degree in social work, marriage and family therapy, or clinical mental health 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;
(2)(g) an individual in an on-the-job training program approved by the division while under the supervision of qualified persons;
(2)(h) an individual providing general education in the subjects of alcohol, drug use, or substance use disorders, including prevention;
(2)(i) 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; and
(2)(j) an individual who is licensed, in good standing, to practice mental health therapy or substance use disorder counseling in a state or territory of the United States outside of Utah may provide short term transitional mental health therapy remotely or short term transitional substance use disorder counseling remotely to a client in Utah if:
(2)(j)(i) the individual is present in the state or territory where the individual is licensed to practice mental health therapy or substance use disorder counseling;
(2)(j)(ii) the client relocates to Utah;
(2)(j)(iii) the client is a client of the individual immediately before the client relocates to Utah;
(2)(j)(iv) the individual provides the short term transitional mental health therapy or short term transitional substance use disorder counseling remotely to the client only during the 90 day period beginning on the day on which the client relocates to Utah;
(2)(j)(v) within one day after the day on which the individual first provides mental health therapy or substance use disorder counseling remotely to the client in Utah, the individual provides written notice to the division of the individual's intent to provide short term transitional mental health therapy or short term transitional substance use disorder counseling remotely to the client; and
(2)(j)(vi) the individual does not engage in unlawful conduct or unprofessional conduct.
(3) (3)(a) As used in this Subsection (3):
(3)(a)(i) "Prescribe" means the same as that term is defined in Section 58-17b-102.
(3)(a)(ii) "Prescription drug" means the same as that term is defined in Section 58-17b-102.
(3)(b) Except as otherwise provided in an interstate compact enacted under this title, an individual who is licensed, in good standing, to practice mental health therapy or substance use disorder counseling in a state or territory of the United States outside of Utah, and who provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah:
(3)(b)(i) may not prescribe a prescription drug for a client in Utah unless the individual is licensed in Utah to prescribe the prescription drug;
(3)(b)(ii) shall, before providing mental health therapy remotely or substance use disorder counseling remotely to a client in Utah, be aware of:

(3)(b)(ii)(A) how to access emergency services and resources in Utah; and
(3)(b)(ii)(B) all applicable laws and rules regarding the required or permitted reporting or disclosing of confidential client communications;
(3)(b)(iii) shall, within one day after the day on which the individual first provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah, submit to the division a signed notice, in the form required by the division, notifying the division that the individual is providing therapy or counseling under the exemption in this Subsection (3); and
(3)(b)(iv) shall obtain a Utah license:

(3)(b)(iv)(A) within nine months after the day on which the individual first provides mental health therapy remotely or substance use disorder counseling remotely to a client in Utah; or
(3)(b)(iv)(B) if at any time the individual provides mental health therapy remotely or substance use disorder counseling remotely to more than one client in Utah.
(4) The division shall report to the Health and Human Services Interim Committee at or before the committee's October 2026 meeting regarding the exemption described in Subsection (3), including information about any complaints the division has received concerning individuals who have provided therapy or counseling under that exemption.

Legislative History

Amended by Chapter 339, 2023 General Session