R156-60-102. Definitions

  In addition to the definitions in Title 58, Chapters 1 and 60, as used in Title 58, Chapters 1 and 60, or this rule:

  (1) "Approved diagnostic and statistical manual for mental disorders" means the following:

  (a) Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition: DSM-5 or Fourth Edition: DSM-IV published by the American Psychiatric Association;

  (b) 2013 ICD-9-CM for Physicians, Volumes 1 and 2 Professional Edition published by the American Medical Association; or

  (c) ICD-10-CM 2013: The Complete Official Draft Code Set published by the American Medical Association.

  (2) "Client or patient" means an individual who, when competent requests, or when not competent to request is lawfully provided professional services by a mental health therapist when the mental health therapist agrees verbally or in writing to provide professional services to that individual, or without an overt agreement does in fact provide professional services to that individual.

  (3) "Direct supervision" of a supervisee in training, as used in Subsection 58-60-205(1)(f), 58-60-305(1)(f), and 58-60-405(1)(f), means:

  (a) a supervisor meeting with the supervisee when both are physically present in the same room at the same time; or

  (b) a supervisor meeting with the supervisee remotely via real-time electronic methods that allow for visual and audio interaction between the supervisor and supervisee under the following conditions:

  (i) the supervisor and supervisee shall enter into a written supervisory agreement which, at a minimum, establishes the following:

  (A) frequency, duration, reason for, and objectives of electronic meetings between the supervisor and supervisee;

  (B) a plan to ensure accessibility of the supervisor to the supervisee despite the physical distance between their offices;

  (C) a plan to address potential conflicts between clinical recommendations of the supervisor and the representatives of the agency employing the supervisee;

  (D) a plan to inform a supervisee's client or patient and employer regarding the supervisee's use of remote supervision;

  (E) a plan to comply with the supervisor's duties and responsibilities as established in rule; and

  (F) a plan to physically visit the location where the supervisee practices on at least a quarterly basis during the period of supervision or at a lesser frequency as approved by the Division in collaboration with the Board;

  (ii) the supervisee submits the supervisory agreement to the Division and obtains approval before counting direct supervision completed via live real-time methods toward the 100 hour direct supervision requirement; and

  (iii) in evaluating a supervisory agreement, the Division shall consider whether it adequately protects the health, safety, and welfare of the public.

  (4) "Employee" means an individual who is or should be treated as a W-2 employee by the Internal Revenue Service.

  (5) "General supervision" means that the supervisor is available for consultation with the supervisee by personal face to face contact, or direct voice contact by telephone, radio, or some other means within a reasonable time consistent with the acts and practices in which the supervisee is engaged.

  (6) "On-the-job training program" means a program that:

  (a) is applicable to individuals who have completed all courses required for graduation in a degree or formal training program that would qualify for licensure under this chapter;

  (b) starts immediately upon completion of all courses required for graduation;

  (c) ends 45 days from the date it begins, or upon licensure, whichever is earlier, and may not be extended or used a second time;

  (d) is completed while the individual is an employee of a public or private agency engaged in mental health therapy or substance use disorder counseling; and

  (e) is under supervision by a qualified individual licensed under this chapter which includes supervision meetings on at least a weekly basis when the supervisee and supervisor are physically present in the same room at the same time.