LEGISLATIVE GENERAL COUNSEL S.B. 285
6 Approved for Filing: A. Houston 6
6 02-23-23 11:29 AM 6
1 SOCIAL WORK LICENSURE COMPACT
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Todd D. Weiler
5 House Sponsor: Sandra Hollins
6
7 LONG TITLE
8 General Description:
9 This bill enacts the Social Work Licensure Compact.
10 Highlighted Provisions:
11 This bill:
12 < enacts the Social Work Licensure Compact; and
13 < provides rulemaking authority.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 58-60-103.1, as enacted by Laws of Utah 2022, Chapter 466
21 58-60-205, as last amended by Laws of Utah 2022, Chapters 345 and 466
22 ENACTS:
23 58-60b-101, Utah Code Annotated 1953
24 58-60b-102, Utah Code Annotated 1953
25 58-60b-103, Utah Code Annotated 1953
S.B. 285
26 58-60b-104, Utah Code Annotated 1953
27 58-60b-105, Utah Code Annotated 1953
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28 58-60b-106, Utah Code Annotated 1953
29 58-60b-107, Utah Code Annotated 1953
30 58-60b-108, Utah Code Annotated 1953
31 58-60b-109, Utah Code Annotated 1953
32 58-60b-110, Utah Code Annotated 1953
33 58-60b-111, Utah Code Annotated 1953
34 58-60b-112, Utah Code Annotated 1953
35 58-60b-113, Utah Code Annotated 1953
36 58-60b-114, Utah Code Annotated 1953
37 58-60b-201, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 58-60-103.1 is amended to read:
41 58-60-103.1. Criminal background check.
42 (1) An applicant for licensure under this chapter who requires a criminal background
43 check shall:
44 (a) submit fingerprint cards in a form acceptable to the division at the time the license
45 application is filed; and
46 (b) consent to a fingerprint background check conducted by the Bureau of Criminal
47 Identification and the Federal Bureau of Investigation regarding the application.
48 (2) The division shall:
49 (a) in addition to other fees authorized by this chapter, collect from each applicant
50 submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
51 Identification is authorized to collect for the services provided under Section 53-10-108 and the
52 fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
53 obtaining federal criminal history record information;
54 (b) submit from each applicant the fingerprint card and the fees described in
55 Subsection (2)(a) to the Bureau of Criminal Identification; and
56 (c) obtain and retain in division records a signed waiver approved by the Bureau of
57 Criminal Identification in accordance with Section 53-10-108 for each applicant.
58 (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
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59 Section 53-10-108:
60 (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
61 and regional criminal records databases;
62 (b) forward the fingerprints to the Federal Bureau of Investigation for a national
63 criminal history background check; and
64 (c) provide the results from the state, regional, and nationwide criminal history
65 background checks to the division.
66 (4) For purposes of conducting a criminal background check required under this
67 section, the division shall have direct access to criminal background information maintained
68 under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
69 (5) The division may not:
70 (a) disseminate outside of the division any criminal history record information that the
71 division obtains from the Bureau of Criminal Identification or the Federal Bureau of
72 Investigation under the criminal background check requirements of this section; [or]
73 (b) issue a letter of qualification to participate in the Counseling Compact under
74 Chapter 60a, Counseling Compact, until the criminal background check described in this
75 section is completed[.]; or
76 (c) issue a letter of qualification to participate in the Social Work Licensure Compact
77 under Chapter 60b, Social Work Licensure Compact, until the criminal background check
78 described in this section is completed.
79 Section 2. Section 58-60-205 is amended to read:
80 58-60-205. Qualifications for licensure or certification as a clinical social worker,
81 certified social worker, and social service worker.
82 (1) An applicant for licensure as a clinical social worker shall:
83 (a) submit an application on a form provided by the division;
84 (b) pay a fee determined by the department under Section 63J-1-504;
85 (c) produce certified transcripts from an accredited institution of higher education
86 recognized by the division in collaboration with the board verifying satisfactory completion of
87 an education and an earned degree as follows:
88 (i) a master's degree in a social work program accredited by the Council on Social
89 Work Education or by the Canadian Association of Schools of Social Work; or
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90 (ii) a doctoral degree that contains a clinical social work concentration and practicum
91 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
92 Administrative Rulemaking Act, that is consistent with Section 58-1-203;
93 (d) have completed a minimum of 3,000 hours of clinical social work training as
94 defined by division rule under Section 58-1-203:
95 (i) in not less than two years;
96 (ii) under the supervision of a supervisor approved by the division in collaboration with
97 the board who is a:
98 (A) clinical mental health counselor;
99 (B) psychiatrist;
100 (C) psychologist;
101 (D) registered psychiatric mental health nurse practitioner;
102 (E) marriage and family therapist; or
103 (F) clinical social worker; and
104 (iii) including a minimum of two hours of training in suicide prevention via a course
105 that the division designates as approved;
106 (e) document successful completion of not less than 1,000 hours of supervised training
107 in mental health therapy obtained after completion of the education requirement in Subsection
108 (1)(c), which training may be included as part of the 3,000 hours of training in Subsection
109 (1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
110 obtained under the direct supervision, as defined by rule, of a supervisor described in
111 Subsection (1)(d)(ii);
112 (f) have completed a case work, group work, or family treatment course sequence with
113 a clinical practicum in content as defined by rule under Section 58-1-203;
114 (g) pass the examination requirement established by rule under Section 58-1-203; and
115 (h) if the applicant is applying to participate in the Counseling Compact under Chapter
116 60a, Counseling Compact, or the Social Work Licensure Compact under Chapter 60b, Social
117 Work Licensure Compact, consent to a criminal background check in accordance with Section
118 58-60-103.1 and any requirements established by division rule made in accordance with Title
119 63G, Chapter 3, Utah Administrative Rulemaking Act.
120 (2) An applicant for licensure as a certified social worker shall:
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121 (a) submit an application on a form provided by the division;
122 (b) pay a fee determined by the department under Section 63J-1-504;
123 (c) produce certified transcripts from an accredited institution of higher education
124 recognized by the division in collaboration with the board verifying satisfactory completion of
125 an education and an earned degree as follows:
126 (i) a master's degree in a social work program accredited by the Council on Social
127 Work Education or by the Canadian Association of Schools of Social Work; or
128 (ii) a doctoral degree that contains a clinical social work concentration and practicum
129 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
130 Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
131 (d) pass the examination requirement established by rule under Section 58-1-203.
132 (3) (a) An applicant for certification as a certified social worker intern shall meet the
133 requirements of Subsections (2)(a), (b), and (c).
134 (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
135 examination required under Subsection (2)(d) or six months, whichever occurs first.
136 (c) A certified social worker intern may provide mental health therapy under the
137 general supervision, as defined by rule, of a supervisor described in Subsection (1)(d)(ii).
138 (4) An applicant for licensure as a social service worker shall:
139 (a) submit an application on a form provided by the division;
140 (b) pay a fee determined by the department under Section 63J-1-504;
141 (c) produce certified transcripts from an accredited institution of higher education
142 recognized by the division in collaboration with the board verifying satisfactory completion of
143 an education and an earned degree as follows:
144 (i) a bachelor's degree in a social work program accredited by the Council on Social
145 Work Education or by the Canadian Association of Schools of Social Work;
146 (ii) a master's degree in a field approved by the division in collaboration with the
147 board;
148 (iii) a bachelor's degree in any field if the applicant:
149 (A) has completed at least three semester hours, or the equivalent, in each of the
150 following areas:
151 (I) social welfare policy;
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152 (II) human growth and development; and
153 (III) social work practice methods, as defined by rule; and
154 (B) provides documentation that the applicant has completed at least 2,000 hours of
155 qualifying experience under the supervision of a mental health therapist, which experience is
156 approved by the division in collaboration with the board, and which is performed after
157 completion of the requirements to obtain the bachelor's degree required under this Subsection
158 (4); or
159 (iv) successful completion of the first academic year of a Council on Social Work
160 Education approved master's of social work curriculum and practicum; and
161 (d) pass the examination requirement established by rule under Section 58-1-203.
162 (5) The division shall ensure that the rules for an examination described under
163 Subsections (1)(g), (2)(d), and (4)(d) allow additional time to complete the examination if
164 requested by an applicant who is:
165 (a) a foreign born legal resident of the United States for whom English is a second
166 language; or
167 (b) an enrolled member of a federally recognized Native American tribe.
168 Section 3. Section 58-60b-101 is enacted to read:
169 CHAPTER 60b. SOCIAL WORK LICENSURE COMPACT
170 Part 1. Compact Text
171 58-60b-101. Section 1 -- Purpose.
172 The purpose of this Compact is to facilitate interstate practice of regulated Social
173 Workers with the goal of improving public access to competent Social Work services. The
174 Compact seeks to preserve the regulatory authority of States to protect public health and safety
175 through the current system of State licensure.
176 This Compact is designed to achieve the following objectives:
177 A. Increase public access to Social Work Services by providing for the mutual
178 recognition of other Member State licenses;
179 B. Enhance the Member States' ability to protect the public's health and safety;
180 C. Encourage the cooperation of Member States in regulating multistate practice;
181 D. Support military families;
182 E. Facilitate the exchange of licensure and disciplinary information among Member
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183 States;
184 F. Authorize all Member States to hold a Regulated Social Worker accountable for
185 abiding by the Member State's Scope of Practice in the Member State in which the client is
186 located at the time care is rendered;
187 G. Allow for the use of telehealth to facilitate increased access to regulated Social Work
188 Services;
189 H. Support the uniformity of Social Work licensure requirements throughout the States
190 to promote public safety and access to services; and
191 I. Promote mobility and address workforce shortages by eliminating the necessity for
192 licenses in multiple States.
193 Section 4. Section 58-60b-102 is enacted to read:
194 58-60b-102. Section 2 -- Definitions.
195 As used in this Compact, and except as otherwise provided, the following definitions
196 shall apply:
197 A. "Active Duty Military" means any individual in full-time duty status in the active
198 uniformed service of the United States including members of the National Guard and Reserve.
199 B. "Adverse Action" means any administrative, civil, equitable or criminal action
200 permitted by a State's laws which is imposed by a Licensing Authority or other authority
201 against a Regulated Social Worker, including actions against an individual's license or
202 Multistate Authorization to Practice such as revocation, suspension, probation, monitoring of
203 the licensee, limitation on the licensee's practice, or any other Encumbrance on licensure
204 affecting a Regulated Social Worker's authorization to practice, including issuance of a cease
205 and desist action.
206 C. "Alternative Program" means a non-disciplinary monitoring or practice remediation
207 process approved by a Social Work Licensing Authority to address Impaired Practitioners.
208 D. "Compact Commission" or "Commission" means the national administrative body
209 whose membership consists of all Member States that have enacted the Compact.
210 E. "Current Significant Investigative Information" means:
211 1. Investigative information that a Licensing Authority, after a preliminary inquiry that
212 includes notification and an opportunity for the Regulated Social Worker to respond has reason
213 to believe is not groundless and, if proved true, would indicate more than a minor infraction as
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214 may be defined by the Commission; or
215 2. Investigative information that indicates that the Regulated Social Worker represents
216 an immediate threat to public health and safety, as may be defined by the Commission,
217 regardless of whether the Regulated Social Worker has been notified and has had an
218 opportunity to respond.
219 F. "Data System" means a repository of information about Licensees, including, but not
220 limited to, continuing education, examination, licensure, Current Significant Investigative
221 Information, Disqualifying Event, Interstate Compact License(s) and Adverse Action
222 information or other information as required by the Commission.
223 G. "Domicile" means the jurisdiction in which the licensee resides and intends to
224 remain indefinitely.
225 H. "Disqualifying Event" means any Adverse Action or incident which results in an
226 encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain or renew
227 an Interstate Compact License.
228 I. "Encumbered License" means a license in which an Adverse Action restricts the
229 practice of Social Work by the Licensee and said Adverse Action and is reportable to the
230 National Practitioners Data Bank (NPDB).
231 J. "Encumbrance" means a revocation or suspension of, or any limitation on, the full
232 and unrestricted practice of Social Work licensed and regulated by a Licensing Authority.
233 K. "Executive Committee" means a group of directors elected or appointed to act on
234 behalf of, and within the powers granted to them by, the compact and Commission.
235 L. "Home State" means the Member State that is the Licensee's primary Domicile.
236 M. "Impaired Practitioner" means an individual who has a condition(s) that may i