Bill Summary – FastDemocracy

Enrolled Copy                                                                    H.B. 283
                      MENTAL HEALTH PROFESSIONAL LICENSING
                                           AMENDMENTS
                                       2022 GENERAL SESSION
                                           STATE OF UTAH
                             Chief Sponsor: Norman K. Thurston
                                   Senate Sponsor: Todd D. Weiler
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 LONG TITLE
 General Description:
        This bill amends the Mental Health Professional Practice Act.
 Highlighted Provisions:
        This bill:
        < reduces the number of clinical hours required for licensure as:
            C   a social worker;
            C   a marriage and family therapist; or
            C   a clinical mental health counselor.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        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
26
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 58-60-205 is amended to read:
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        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] 3,000 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
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       Enrolled Copy                                                                            H.B. 283
 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] 3,000 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.
        (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
 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:
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           (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
 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
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        Enrolled Copy                                                                          H.B. 283
 language; or
        (b) an enrolled member of a federally recognized Native American tribe.
        Section 2. 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] 3,000 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] 3,000
 hours of training described in Subsection (1)(d), and of which documented evidence
 demonstrates not 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
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 58-60-307; and
        (f) pass the examination requirement established by division rule under Section
 58-1-203.
        (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
 qualifying examination for that profession or is otherwise on a course reasonably expected to
 lead to licensure, but the period of time under this Subsection (2)(b) may not exceed two years
 past the date the minimum supervised clinical training requirement has been completed.
        Section 3. Section 58-60-405 is amended to read:
        58-60-405. Qualifications for licensure.
        (1) An applicant for licensure as a clinical mental health counselor 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:
        (i) a master's or doctorate degree conferred to the applicant in:
        (A) clinical mental health counseling, clinical rehabilitation counseling, counselor
 education and supervision from a program accredited by the Council for Accreditation of
 Counseling and Related Educational Programs; or
        (B) clinical mental health counseling or an equivalent field from a program affiliated
 with an institution that has accreditation that is recognized by the Council for Higher Education
 Accreditation; and
        (ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
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        Enrolled Copy                                                                            H.B. 283
 an educational program described in Subsection (1)[(d)](c)(i);
          (d) have completed a minimum of [4,000] 3,000 hours of clinical mental health
 counselor training as defined by division rule under Section 58-1-203:
          (i) in not less than two years;
          (ii) under the supervision of a clinical mental health counselor, psychiatrist,
 psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
 marriage and family therapist supervisor approved by the division in collaboration with the
 board;
          (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 in Subsection
 (1)(c), which training may be included as part of the [4,000] 3,000 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 of a mental health therapist, as defined by
 rule; and
          (f) pass the examination requirement established by division rule under Section
 58-1-203.
          (2) (a) An applicant for licensure as an associate clinical mental health counselor shall
 comply with the provisions of Subsections (1)(a), (b), and (c).
          (b) Except as provided under Subsection (2)(c), an individual's licensure as an
 associate clinical mental health counselor 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.
          (c) The time period under Subsection (2)(b) may be extended to a maximum of two
 years past the date the minimum supervised clinical training requirement has been completed,
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 if the applicant presents satisfactory evidence to the division and the appropriate board that the
 individual is:
         (i) making reasonable progress toward passing of the qualifying examination for that
 profession; or
         (ii) otherwise on a course reasonably expected to lead to licensure.
         (3) [(a)] Notwithstanding Subsection (1)(c), an applicant satisfies the education
 requirement described in Subsection (1)(c) if the applicant submits documentation verifying:
         [(i)] (a) satisfactory completion of a doctoral or master's degree from an educational
 program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
 and Related Educational Programs;
         [(ii)] (b) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
 hours of coursework related to an educational program described in Subsection (1)(c)(i); and
         [(iii)] (c) that the applicant received a passing score that is valid and in good standing
 on:
         [(A)] (i) the National Counselor Examination; and
         [(B)] (ii) the National Clinical Mental Health Counseling Examination.
         [(b) During the 2021 interim, the division shall report to the Occupational and
 Professional Licensure Review Committee created in Section 36-23-102 on:]
         [(i) the number of applicants who applied for licensure under this Subsection (3);]
         [(ii) the number of applicants who were approved for licensure under this Subsection
 (3);]
         [(iii) any changes to division rule after May 12, 2020, regarding the qualifications for
 licensure under this section; and]
         [(iv) recommendations for legislation or other action that the division considers
 necessary to carry out the provisions of this Subsection (3).]
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Statutes affected: 
Introduced: 58-60-405
Enrolled: 58-60-205, 58-60-305, 58-60-405