Bill Summary – FastDemocracy

Enrolled Copy                                                                     S.B. 237
                            COUNSELING STATE COMPACT
                                    2022 GENERAL SESSION
                                       STATE OF UTAH
                            Chief Sponsor: Curtis S. Bramble
                                House Sponsor: Brian S. King
 6
 LONG TITLE
 General Description:
       This bill enacts the Counseling Compact.
 Highlighted Provisions:
       This bill:
       < enacts the Counseling Compact;
       < provides rulemaking authority; and
       < makes technical and conforming changes.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       None
 Utah Code Sections Affected:
 AMENDS:
       58-1-301.5, as last amended by Laws of Utah 2020, Chapter 339
       58-60-205, as last amended by Laws of Utah 2020, Chapter 339
       58-60-305, as last amended by Laws of Utah 2020, Chapter 339
       58-60-405, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
 ENACTS:
       58-60-103.1, Utah Code Annotated 1953
       58-60a-101, Utah Code Annotated 1953
       58-60a-102, Utah Code Annotated 1953
       58-60a-103, Utah Code Annotated 1953
       S.B. 237                                                                      Enrolled Copy
        58-60a-104, Utah Code Annotated 1953
        58-60a-105, Utah Code Annotated 1953
        58-60a-106, Utah Code Annotated 1953
        58-60a-107, Utah Code Annotated 1953
        58-60a-108, Utah Code Annotated 1953
        58-60a-109, Utah Code Annotated 1953
        58-60a-110, Utah Code Annotated 1953
        58-60a-111, Utah Code Annotated 1953
        58-60a-112, Utah Code Annotated 1953
        58-60a-113, Utah Code Annotated 1953
        58-60a-114, Utah Code Annotated 1953
        58-60a-115, Utah Code Annotated 1953
        58-60a-201, Utah Code Annotated 1953
43
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 58-1-301.5 is amended to read:
        58-1-301.5. Division access to Bureau of Criminal Identification records.
        (1) The division shall have direct access to local files maintained by the Bureau of
 Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
 for background screening of persons who are applying for licensure, licensure renewal,
 licensure reinstatement, or relicensure, as required in:
        (a) Section 58-17b-307 of [Title 58,] Chapter 17b, Pharmacy Practice Act;
        (b) Sections 58-24b-302 and 58-24b-302.1 of [Title 58,] Chapter 24b, Physical
 Therapy Practice Act;
        (c) Section 58-31b-302 of [Title 58,] Chapter 31b, Nurse Practice Act;
        (d) Section 58-47b-302 of [Title 58,] Chapter 47b, Massage Therapy Practice Act;
        (e) Section 58-55-302 of [Title 58,] Chapter 55, Utah Construction Trades Licensing
 Act, as it applies to alarm companies and alarm company agents;
                                                     -2-
       Enrolled Copy                                                                          S.B. 237
        (f) Sections 58-60-103.1, 58-60-205, 58-60-305, and 58-60-405, of Chapter 60, Mental
 Health Professional Practice Act;
        [(f)] (g) Sections 58-61-304 and 58-61-304.1 of [Title 58,] Chapter 61, Psychologist
 Licensing Act;
        [(g)] (h) Section 58-63-302 of [Title 58,] Chapter 63, Security Personnel Licensing
 Act;
        [(h)] (i) Section 58-64-302 of [Title 58,] Chapter 64, Deception Detection Examiners
 Licensing Act;
        [(i)] (j) Sections 58-67-302 and 58-67-302.1 of [Title 58,] Chapter 67, Utah Medical
 Practice Act; and
        [(j)] (k) Sections 58-68-302 and 58-68-302.1 of [Title 58,] Chapter 68, Utah
 Osteopathic Medical Practice Act.
        (2) The division's access to criminal background information under this section:
        (a) shall meet the requirements of Section 53-10-108; and
        (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
 held in abeyance, dismissed charges, and charges without a known disposition.
        (3) The division may not disseminate outside of the division any criminal history
 record information that the division obtains from the Bureau of Criminal Identification or the
 Federal Bureau of Investigation under the criminal background check requirements of this
 section.
        Section 2. Section 58-60-103.1 is enacted to read:
        58-60-103.1. Criminal background check.
        (1) An applicant for licensure under this chapter who requires a criminal background
 check shall:
        (a) submit fingerprint cards in a form acceptable to the division at the time the license
 application is filed; and
        (b) consent to a fingerprint background check conducted by the Bureau of Criminal
 Identification and the Federal Bureau of Investigation regarding the application.
                                                    -3-
       S.B. 237                                                                       Enrolled Copy
        (2) The division shall:
        (a) in addition to other fees authorized by this chapter, collect from each applicant
 submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
 Identification is authorized to collect for the services provided under Section 53-10-108 and the
 fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
 obtaining federal criminal history record information;
        (b) submit from each applicant the fingerprint card and the fees described in
 Subsection (2)(a) to the Bureau of Criminal Identification; and
        (c) obtain and retain in division records a signed waiver approved by the Bureau of
 Criminal Identification in accordance with Section 53-10-108 for each applicant.
        (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
 Section 53-10-108:
        (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
 and regional criminal records databases;
        (b) forward the fingerprints to the Federal Bureau of Investigation for a national
 criminal history background check; and
        (c) provide the results from the state, regional, and nationwide criminal history
 background checks to the division.
        (4) For purposes of conducting a criminal background check required under this
 section, the division shall have direct access to criminal background information maintained
 under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
        (5) The division may not:
        (a) disseminate outside of the division any criminal history record information that the
 division obtains from the Bureau of Criminal Identification or the Federal Bureau of
 Investigation under the criminal background check requirements of this section; or
        (b) issue a letter of qualification to participate in the Counseling Compact under
 Chapter 60a, Counseling Compact, until the criminal background check described in this
 section is completed.
                                                     -4-
       Enrolled Copy                                                                          S.B. 237
        Section 3. Section 58-60-205 is amended to read:
        58-60-205. Qualifications for licensure or certification as a clinical social worker,
 certified social worker, and social service worker.
        (1) An applicant for licensure as a clinical social worker shall:
        (a) submit an application on a form provided by the division;
        (b) pay a fee determined by the department under Section 63J-1-504;
        (c) produce certified transcripts from an accredited institution of higher education
 recognized by the division in collaboration with the board verifying satisfactory completion of
 an education and an earned degree as follows:
        (i) a master's degree in a social work program accredited by the Council on Social
 Work Education or by the Canadian Association of Schools of Social Work; or
        (ii) a doctoral degree that contains a clinical social work concentration and practicum
 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, that is consistent with Section 58-1-203;
        (d) have completed a minimum of 4,000 hours of clinical social work training as
 defined by division rule under Section 58-1-203:
        (i) in not less than two years;
        (ii) under the supervision of a supervisor approved by the division in collaboration with
 the board who is a:
        (A) clinical mental health counselor;
        (B) psychiatrist;
        (C) psychologist;
        (D) registered psychiatric mental health nurse practitioner;
        (E) marriage and family therapist; or
        (F) clinical social worker; and
        (iii) including a minimum of two hours of training in suicide prevention via a course
 that the division designates as approved;
        (e) document successful completion of not less than 1,000 hours of supervised training
                                                      -5-
        S.B. 237                                                                       Enrolled Copy
 in mental health therapy obtained after completion of the education requirement in Subsection
 (1)(c), which training may be included as part of the 4,000 hours of training in Subsection
 (1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
 obtained under the direct supervision, as defined by rule, of a supervisor described in
 Subsection (1)(d)(ii);
        (f) have completed a case work, group work, or family treatment course sequence with
 a clinical practicum in content as defined by rule under Section 58-1-203; [and]
        (g) pass the examination requirement established by rule under Section 58-1-203[.];
 and
        (h) if the applicant is applying to participate in the Counseling Compact under Chapter
 60a, Counseling Compact, consent to a criminal background check in accordance with Section
 58-60-103.1 and any requirements established by division rule made in accordance with Title
 63G, Chapter 3, Utah Administrative Rulemaking Act.
        (2) An applicant for licensure as a certified social worker shall:
        (a) submit an application on a form provided by the division;
        (b) pay a fee determined by the department under Section 63J-1-504;
        (c) produce certified transcripts from an accredited institution of higher education
 recognized by the division in collaboration with the board verifying satisfactory completion of
 an education and an earned degree as follows:
        (i) a master's degree in a social work program accredited by the Council on Social
 Work Education or by the Canadian Association of Schools of Social Work; or
        (ii) a doctoral degree that contains a clinical social work concentration and practicum
 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
        (d) pass the examination requirement established by rule under Section 58-1-203.
        (3) (a) An applicant for certification as a certified social worker intern shall meet the
 requirements of Subsections (2)(a), (b), and (c).
        (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
                                                      -6-
        Enrolled Copy                                                                             S.B. 237
 examination required under Subsection (2)(d) or six months, whichever occurs first.
           (c) A certified social worker intern may provide mental health therapy under the
 general supervision, as defined by rule, of a supervisor described in Subsection (1)(d)(ii).
           (4) An applicant for licensure as a social service worker shall:
           (a) submit an application on a form provided by the division;
           (b) pay a fee determined by the department under Section 63J-1-504;
           (c) produce certified transcripts from an accredited institution of higher education
 recognized by the division in collaboration with the board verifying satisfactory completion of
 an education and an earned degree as follows:
           (i) a bachelor's degree in a social work program accredited by the Council on Social
 Work Education or by the Canadian Association of Schools of Social Work;
           (ii) a master's degree in a field approved by the division in collaboration with the
 board;
           (iii) a bachelor's degree in any field if the applicant:
           (A) has completed at least three semester hours, or the equivalent, in each of the
 following areas:
           (I) social welfare policy;
           (II) human growth and development; and
           (III) social work practice methods, as defined by rule; and
           (B) provides documentation that the applicant has completed at least 2,000 hours of
 qualifying experience under the supervision of a mental health therapist, which experience is
 approved by the division in collaboration with the board, and which is performed after
 completion of the requirements to obtain the bachelor's degree required under this Subsection
 (4); or
           (iv) successful completion of the first academic year of a Council on Social Work
 Education approved master's of social work curriculum and practicum; and
           (d) pass the examination requirement established by rule under Section 58-1-203.
           (5) The division shall ensure that the rules for an examination described under
                                                          -7-
        S.B. 237                                                                         Enrolled Copy
 Subsections (1)(g), (2)(d), and (4)(d) allow additional time to complete the examination if
 requested by an applicant who is:
        (a) a foreign born legal resident of the United States for whom English is a second
 language; or
        (b) an enrolled member of a federally recognized Native American tribe.
        Section 4. Section 58-60-305 is amended to read:
        58-60-305. Qualifications for licensure.
        (1) All applicants for licensure as marriage and family therapists shall:
        (a) submit an application on a form provided by the division;
        (b) pay a fee determined by the department under Section 63J-1-504;
        (c) produce certified transcripts evidencing completion of a masters or doctorate degree
 in marriage and family therapy from:
        (i) a program accredited by the Commission on Accreditation for Marriage and Family
 Therapy Education; or
        (ii) an accredited institution meeting criteria for approval established by rule under
 Section 58-1-203;
        (d) have completed a minimum of 4,000 hours of marriage and family therapy training
 as defined by division rule under Section 58-1-203:
        (i) in not less than two years;
        (ii) under the supervision of a mental health therapist supervisor who meets the
 requirements of Section 58-60-307;
        (iii) obtained after completion of the education requirement in Subsection (1)(c); and
        (iv) including a minimum of two hours of training in suicide prevention via a course
 that the division designates as approved;
        (e) document successful completion of not less than 1,000 hours of supervised training
 in mental health therapy obtained after completion of the education requirement described in
 Subsection (1)(c)(i) or (1)(c)(ii), which training may be included as part of the 4,000 hours of
 training described in Subsection (1)(d), and of which documented evidence demonstrates not
                                                      -8-
       Enrolled Copy                                                                            S.B. 237
 less than 100 of the supervised hours were obtained during direct, personal supervision, as
 defined by rule, by a mental health therapist supervisor qualified under Section 58-60-307;
 [and]
         (f) pass the examination requirement established by division rule under Section
 58-1-203[.]; and
         (g) if the applicant is applying to participate in the Counseling Compact under Chapter
 60a, Counseling Compact, consent to a criminal background check in accordance with Section
 58-60-103.1 and any requirements established by division rule made in accordance with Title
 63G, Chapter 3, Utah Administrative Rulemaking Act.
         (2) (a) All applicants for licensure as an associate marriage and family therapist shall
 comply with the provisions of Subsections (1)(a), (b), and (c).
         (b) An individual's license as an associate marriage and family therapist is limited to
 the period of time necessary to complete clinical training as described in Subsections (1)(d) and
 (e) and extends not more than one year from the date the minimum requirement for training is
 completed, unless the individual presents satisfactory evidence to the division and the
 appropriate board that the individual is making reasonable progress toward passing of the
242