H.B. 73

1

MENTAL HEALTH THERAPIST LICENSING
2 ACT AMENDMENTS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Judy Ann Buffmire
6 This act amends the Division of Occupational and Professional Licensing Act to place mental
7 health professionals who are undergoing clinical training under the supervision of the
8 division. The act removes the exemption from licensure for mental health professionals
9 undergoing a clinical internship or residency. The act establishes requirements for licensure
10 as a mental health care intern or resident. The act limits a resident or intern practice to
11 supervised practice, and limits the license to the period of time necessary to complete
12 training. The act clarifies the elements of unprofessional conduct by specifically including
13 practice by an intern or resident without supervision. This act makes technical amendments.
14 This act affects sections of Utah Code Annotated 1953 as follows:
15 AMENDS:
16 58-60-103, as last amended by Chapters 21 and 81, Laws of Utah 1999
17 58-60-107, as last amended by Chapters 21 and 81, Laws of Utah 1999
18 58-60-110, as last amended by Chapter 248, Laws of Utah 1997
19 58-60-305, as last amended by Chapter 159, Laws of Utah 2000
20 58-60-405, as last amended by Chapter 28, Laws of Utah 1995
21 58-61-301, as enacted by Chapter 32, Laws of Utah 1994
22 58-61-304, as last amended by Chapter 4, Laws of Utah 2000
23 58-61-307, as last amended by Chapter 224, Laws of Utah 2000
24 58-61-502, as enacted by Chapter 32, Laws of Utah 1994
25 ENACTS:
26 58-60-308, Utah Code Annotated 1953
27 58-60-407, Utah Code Annotated 1953

28 58-61-308, Utah Code Annotated 1953
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 58-60-103 is amended to read:
31 58-60-103. Licensure required.
32 (1) An individual shall be licensed under this chapter; Chapter 67, Utah Medical Practice
33 Act, or Chapter 68, Utah Osteopathic Medical Practice Act; Chapter 31b, Nurse Practice Act;
34 Chapter 61, Psychologist Licensing Act; or exempted from licensure under this chapter in order
35 to:
36 (a) engage in or represent he will engage in the practice of mental health therapy, clinical
37 social work, certified social work, marriage and family therapy, or professional counseling; or
38 (b) practice as or represent himself as a mental health therapist, clinical social worker,
39 certified social worker, marriage and family therapist, professional counselor, psychiatrist,
40 psychologist, or registered psychiatric mental health nurse specialist.
41 (2) An individual shall be licensed under this chapter or exempted from licensure under
42 this chapter in order to:
43 (a) engage in or represent that he is engaged in practice as a social service worker; or
44 (b) represent himself as or use the title of social service worker.
45 (3) An individual shall be licensed under this chapter or exempted from licensure under
46 this chapter in order to:
47 (a) engage in or represent that he is engaged in practice as a licensed substance abuse
48 counselor; or
49 (b) represent himself as or use the title of licensed substance abuse counselor.
50 (4) Notwithstanding the provisions of Subsection 58-1-307 (1)(c), an individual shall be
51 licensed under this chapter, or otherwise exempted from licensure under this chapter in order to
52 engage in an internship or residency program of supervised clinical training necessary to meet the
53 requirements for licensure as:
54 (a) a marriage and family therapist under Part 3; or
55 (b) a professional counselor under Part 4.
56 Section 2. Section 58-60-107 is amended to read:
57 58-60-107. Exemptions from licensure.
58 (1) Except as modified in Section 58-60-103 , the exemptions from licensure in Section

59 58-1-307 apply to this chapter.
60 (2) (a) In addition to the exemptions from licensure in Section 58-1-307 , the following
61 may engage in acts included within the definition of practice as a mental health therapist, subject
62 to the stated circumstances and limitations, without being licensed under this chapter:
63 [(1)] (b) the following when practicing within the scope of the license held:
64 [(a)] (i) a physician and surgeon or osteopathic physician and surgeon licensed under [Title
65 58,] Chapter 67, Utah Medical Practice Act, or [Title 58,] Chapter 68, Utah Osteopathic Medical
66 Practice Act;
67 [(b)] (ii) an advanced practice registered nurse, specializing in psychiatric mental health
68 nursing, licensed under [Title 58,] Chapter 31b, Nurse Practice Act; and
69 [(c)] (iii) a psychologist licensed under [Title 58,] Chapter 61, Psychologist Licensing Act;
70 [(2)] (3) a recognized member of the clergy while functioning in his ministerial capacity
71 as long as he does not represent himself as or use the title of a license classification in Subsection
72 58-60-102 (5);
73 [(3)] (4) an individual who is offering expert testimony in any proceeding before a court,
74 administrative hearing, deposition upon the order of any court or other body having power to order
75 the deposition, or proceedings before any master, referee, or alternative dispute resolution
76 provider;
77 [(4)] (5) an individual engaged in performing hypnosis who is not licensed under [Title
78 58, Occupations and Professions,] this title in a profession which includes hypnosis in its scope
79 of practice, and who:
80 (a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or
81 altering lifestyles or habits, such as eating or smoking, through hypnosis;
82 (ii) consults with a client to determine current motivation and behavior patterns;
83 (iii) prepares the client to enter hypnotic states by explaining how hypnosis works and
84 what the client will experience;
85 (iv) tests clients to determine degrees of suggestibility;
86 (v) applies hypnotic techniques based on interpretation of consultation results and analysis
87 of client's motivation and behavior patterns; and
88 (vi) trains clients in self-hypnosis conditioning;
89 (b) may not:

90 (i) engage in the practice of mental health therapy;
91 (ii) represent himself using the title of a license classification in Subsection 58-60-102 (5);
92 or
93 (iii) use hypnosis with or treat a medical, psychological, or dental condition defined in
94 generally recognized diagnostic and statistical manuals of medical, psychological, or dental
95 disorders;
96 [(5)] (6) an individual's exemption from licensure under Subsection 58-1-307 (1)(b) [or (c)
97 while completing any supervised clinical training requirement for licensure extends not more than
98 one year from the date the minimum requirement for training is completed, unless the individual
99 presents satisfactory evidence to the division and the appropriate board that the individual is
100 making reasonable progress toward passing of the qualifying examination for that profession or
101 is otherwise on a course reasonably expected to lead to licensure, but any exemption under this
102 subsection may not exceed two years past the date the minimum supervised clinical training
103 requirement has been completed] terminates when the student's training is no longer supervised
104 by qualified faculty or staff and the activities are no longer a defined part of the degree program;
105 [(6)] (7) an individual holding an earned doctoral degree or master's degree in social work,
106 marriage and family therapy, or professional counseling, who is employed by an accredited
107 institution of higher education and who conducts research and teaches in that individual's
108 professional field, but only if the individual does not engage in providing or supervising
109 professional services regulated under this chapter to individuals or groups regardless of whether
110 there is compensation for the services;
111 [(7)] (8) an individual in an on-the-job training program approved by the division while
112 under the supervision of qualified persons;
113 [(8)] (9) an individual providing general education in the subjects of alcohol or drug use
114 or abuse, including prevention; and
115 [(9)] (10) an individual providing advice or counsel to another individual in a setting of
116 their association as friends or relatives and in a nonprofessional and noncommercial relationship,
117 if there is no compensation paid for the advice or counsel.
118 Section 3. Section 58-60-110 is amended to read:
119 58-60-110. Unprofessional conduct.
120 (1) As used in this chapter, "unprofessional conduct" includes:

121 (a) using or employing the services of any individual to assist a licensee in any manner not
122 in accordance with the generally recognized practices, standards, or ethics of the profession for
123 which the individual is licensed, or the laws of the state;
124 (b) failure to confine practice conduct to those acts or practices:
125 (i) in which the individual is competent by education, training, and experience within
126 limits of education, training, and experience; and
127 (ii) which are within applicable scope of practice laws of this chapter; and
128 (c) disclosing or refusing to disclose any confidential communication under Section
129 58-60-114 or 58-60-509 .
130 (2) "Unprofessional conduct" under this chapter may be further defined by division rule.
131 Section 4. Section 58-60-305 is amended to read:
132 58-60-305. Qualifications for licensure.
133 (1) All applicants for licensure as marriage and family therapists shall:
134 [(1)] (a) submit an application on a form provided by the division;
135 [(2)] (b) pay a fee determined by the department under Section 63-38-3.2 ;
136 [(3)] (c) be of good moral character;
137 [(4)] (d) produce certified transcripts evidencing completion of a masters or doctorate
138 degree in marriage and family therapy from:
139 [(a)] (i) a program accredited by the Commission on Accreditation for Marriage and
140 Family Therapy Education; or
141 [(b)] (ii) an accredited institution meeting criteria for approval established by rule under
142 Section 58-1-203 ;
143 [(5)] (e) have completed a minimum of 4,000 hours of marriage and family therapy
144 training as defined by division rule under Section 58-1-203 , in not less than two years, under the
145 supervision of a marriage and family therapist supervisor who meets the requirements of Section
146 58-60-307 , and obtained after completion of the education requirement in Subsection [(4)] (1)(d);
147 [(6)] (f) document successful completion of not less than 1,000 hours of supervised
148 training in mental health therapy obtained after completion of the education requirement described
149 in Subsection [(4)(a) or (b)] (1)(d)(i) or (1)(d)(ii), which training may be included as part of the
150 4,000 hours of training described in Subsection [(5)] (1)(e), and of which documented evidence
151 demonstrates not less than 100 of the supervised hours were obtained during direct, personal,

152 face-to-face supervision by a marriage and family therapist supervisor qualified under Section
153 58-60-307 ; and
154 [(7)] (g) pass the examination requirement established by division rule under Section
155 58-1-203 .
156 (2) (a) All applicants for licensure as a marriage and family therapist intern shall comply
157 with the provisions of Subsections (1)(a), (b), (c), and (d).
158 (b) An individual's licensure as a marriage and family therapist intern is limited to the
159 period of time necessary to complete clinical training as described in Subsections (1)(e) and (f) and
160 extends not more than one year from the date the minimum requirement for training is completed,
161 unless the individual presents satisfactory evidence to the division and the appropriate board that
162 the individual is making reasonable progress toward passing of the qualifying examination for that
163 profession or is otherwise on a course reasonably expected to lead to licensure, but the period of
164 time under this Subsection (2)(b) may not exceed two years past the date the minimum supervised
165 clinical training requirement has been completed.
166 Section 5. Section 58-60-308 is enacted to read:
167 58-60-308. Scope of practice -- Limitations.
168 (1) A licensed marriage and family therapist may engage in all acts and practices defined
169 as the practice of marriage and family therapy without supervision, in private and independent
170 practice, or as an employee of another person, limited only by the licensee's education, training,
171 and competence.
172 (2) To the extent an individual is professionally prepared by the education and training
173 track completed while earning a master's or doctor of marriage and family therapy degree, a
174 licensed marriage and family therapist intern may engage in all acts and practices defined as the
175 practice of marriage and family therapy if the practice is:
176 (a) consistent with the licensee's education, clinical training, experience, and competence;
177 and
178 (b) under supervision of a licensed marriage and family therapist who is qualified as a
179 supervisor under Section 58-60-307 .
180 Section 6. Section 58-60-405 is amended to read:
181 58-60-405. Qualifications for licensure.
182 (1) All applicants for licensure as a professional counselor shall:

183 [(1)] (a) submit an application on a form provided by the division;
184 [(2)] (b) pay a fee determined by the department under Section 63-38-3.2 ;
185 [(3)] (c) be of good moral character;
186 [(4)] (d) produce certified transcripts from an accredited institution of higher education
187 recognized by the division in collaboration with the board verifying satisfactory completion of:
188 [(a)] (i) an education and degree in an education program in counseling with a core
189 curriculum defined by division rule under Section 58-1-203 preparing one to competently engage
190 in mental health therapy; and
191 [(b)] (ii) an earned doctoral or master's degree resulting from that education program;
192 [(5)] (e) have completed a minimum of 4,000 hours of professional counselor training as
193 defined by division rule under Section 58-1-203 , in not less than two years, under the supervision
194 of a professional counselor, psychiatrist, psychologist, clinical social worker, registered psychiatric
195 mental health nurse specialist, or marriage and family therapist supervisor approved by the division
196 in collaboration with the board, and obtained after completion of the education requirement in
197 Subsection [(4)] (1)(d);
198 [(6)] (f) document successful completion of not less than 1,000 hours of supervised
199 training in mental health therapy obtained after completion of the education requirement in
200 Subsection [(4)] (1)(d), which training may be included as part of the 4,000 hours of training in
201 Subsection [(5)] (1)(e), and of which documented evidence demonstrates not less than 100 of the
202 hours were obtained under the direct personal face to face supervision of a mental health therapist
203 approved by the division in collaboration with the board; and
204 [(7)] (g) pass the examination requirement established by division rule under Section
205 58-1-203 .
206 (2) (a) All applicants for licensure as a professional counselor intern shall comply with the
207 provisions of Subsections (1)(a), (b), (c), and (d).
208 (b) An individual's licensure as a professional counselor intern is limited to the period of
209 time necessary to complete clinical training as described in Subsections (1)(e) and (f) and extends
210 not more than one year from the date the minimum requirement for training is completed, unless
211 the individual presents satisfactory evidence to the division and the appropriate board that the
212 individual is making reasonable progress toward passing of the qualifying examination for that
213 profession or is otherwise on a course reasonably expected to lead to licensure, but the period of

214 time under this Subsection (2)(b) may not exceed two years past the date the minimum supervised
215 clinical training requirement has been completed.
216 Section 7. Section 58-60-407 is enacted to read:
217 58-60-407. Scope of practice -- Limitations.
218 (1) A licensed professional counselor may engage in all acts and practices defined as the
219 practice of professional counseling without supervision, in private and independent practice, or as
220 an employee of another person, limited only by the licensee's education, training, and competence.
221 (2) To the extent an individual is professionally prepared by the education and training
222 track completed while earning a master's or doctor of professional counseling, a licensed
223 professional counseling intern may engage in all acts and practices defined as the practice of
224 professional counseling if the practice is:
225 (a) consistent with the licensee's education, clinical training, experience, and competence;
226 and
227 (b) under supervision of a licensed professional counselor.
228 Section 8. Section 58-61-301 is amended to read:
229 58-61-301. Licensure required.
230 (1) (a) A license is required to engage in the practice of psychology, except as specifically
231 provided in Section 58-1-307 .
232 (b) The exemption provided in Subsection 58-1-307 (1)(c) does not apply to this chapter.
233 An individual must be licensed as a psychology resident if the individual is engaged in any
234 residency program of supervised clinical training necessary to meet licensing requirements as a
235 psychologist under this chapter.
236 (2) The division shall issue to a person who qualifies under this chapter a license in the
237 classification of psychologist or psychology resident.
238 Section 9. Section 58-61-304 is amended to read:
239 58-61-304. Qualifications for licensure by examination or endorsement.
240 (1) All applicants for licensure as a psychologist based upon education, clinical training,
241 and examination shall:
242 (a) submit an application on a form provided by the division;
243 (b) pay a fee determined by the department under Section 63-38-3.2 ;
244 (c) be of good moral character;

245 (d) produce certified transcripts of credit verifying satisfactory completion of a doctoral
246 degree in psychology that includes specific core course work established by division rule under
247 Section 58-1-203 , from an institution of higher education whose doctoral program, at the time the
248 applicant received the doctoral degree, met approval criteria established by division rule made in
249 consultation with the board;
250 (e) have completed a minimum of 4,000 hours of psychology training as defined by
251 division rule under Section 58-1-203 in not less than two years and under the supervision of a
252 psychologist supervisor approved by the division in collaboration with the board, 2,000 hours of
253 which are obtained after completion of a master's level of education in psychology and 2,000 hours
254 of which shall be obtained after completion of the requirements for a doctoral degree in
255 psychology;
256 (f) to be qualified to engage in mental health therapy, document successful completion of
257 not less than 1,000 hours of supervised training in mental health therapy obtained after completion
258 of a master's level of education in psychology, which training may be included as part of the 4,000
259 hours of training required in Subsection (1)(e), and for which documented evidence demonstrates
260 not less than one hour of supervision for each 40 hours of supervised training was obtained under
261 the direct personal face to face supervision of a psychologist approved by the division in
262 collaboration with the board;
263 (g) pass the examination requirement established by division rule under Section 58-1-203 ;
264 and
265 (h) meet with the board, upon request for good cause, for the purpose of evaluating the
266 applicant's qualifications for licensure.
267 (2) All applicants for licensure as a psychologist by endorsement based upon licensure in
268 another jurisdiction shall:
269 (a) submit an application on a form provided by the division;
270 (b) pay a fee determined by the department under Section 63-38-3.2 ;
271 (c) be of good moral character and professional standing, and not have any disciplinary
272 action pending or in effect against the applicant's psychologist license in any jurisdiction;
273 (d) have passed the Utah Psychologist Law and Ethics Examination established by division
274 rule;
275 (e) provide satisfactory evidence the applicant is currently licensed in another state,

276 district, or territory of the United States, or in any other jurisdiction approved by the division in
277 collaboration with the board;
278 (f) provide satisfactory evidence the applicant has actively practiced psychology in that
279 jurisdiction for not less than 2,000 hours or one year, whichever is greater; and
280 (g) provide satisfactory evidence that:
281 (i) the education, supervised experience, examination, and all other requirements for
282 licensure in that jurisdiction at the time the applicant obtained licensure were substantially
283 equivalent to the licensure requirements for a psychologist in Utah at the time the applicant
284 obtained licensure in the other jurisdiction; or
285 (ii) the applicant is a current holder of diplomats status in good standing from the
286 American Board of Professional Psychology; and
287 (h) meet with the board, upon request for good cause, for the purpose of evaluating the
288 applicant's qualifications for licensure.
289 (3) (a) All applicants for licensure as a psychology resident shall comply with the
290 provisions of Subsections (1)(a), (b), (c), (d), and (h).
291 (b) An individual's licensure as a psychology resident is limited to the period of time
292 necessary to complete clinical training as described in Subsections (1)(e) and (f) and extends not
293 more than one year from the date the minimum requirement for training is completed, unless the
294 individual presents satisfactory evidence to the division and the Psychologist Licensing Board that
295 the individual is making reasonable progress toward passing the qualifying examination or is
296 otherwise on a course reasonably expected to lead to licensure as a psychologist, but the period of
297 time under this Subsection (3)(b) may not exceed two years past the date the minimum supervised
298 clinical training requirement has been completed.
299 Section 10. Section 58-61-307 is amended to read:
300 58-61-307. Exemptions from licensure.
301 (1) Except as modified in Section 58-61-301 , the exemptions from licensure in Section
302 58-1-307 apply to this chapter.
303 (2) In addition to the exemptions from licensure in Section 58-1-307 , the following when
304 practicing within the scope of the license held, may engage in acts included within the definition
305 of practice as a psychologist, subject to the stated circumstances and limitations, without being
306 licensed under this chapter:

307 [(1) the following when practicing within the scope of the license held:]
308 (a) a physician and surgeon or osteopathic physician licensed under Chapter 67, Utah
309 Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act; and
310 (b) a registered psychiatric mental health nurse specialist licensed under Chapter 31b,
311 Nurse Practice Act;
312 [(2)] (3) a recognized member of the clergy while functioning in his ministerial capacity
313 as long as he does not represent himself as or use the title of psychologist;
314 [(3)] (4) an individual who is offering expert testimony in any proceeding before a court,
315 administrative hearing, deposition upon the order of any court or other body having power to order
316 the deposition, or proceedings before any master, referee, or alternative dispute resolution
317 provider;
318 [(4)] (5) an individual engaged in performing hypnosis who is not licensed under [Title
319 58, Occupations and Professions,] this title in a profession which includes hypnosis in its scope
320 of practice, and who:
321 (a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or
322 altering lifestyles or habits, such as eating or smoking, through hypnosis;
323 (ii) consults with a client to determine current motivation and behavior patterns;
324 (iii) prepares the client to enter hypnotic states by explaining how hypnosis works and
325 what the client will experience;
326 (iv) tests clients to determine degrees of suggestibility;
327 (v) applies hypnotic techniques based on interpretation of consultation results and analysis
328 of client's motivation and behavior patterns; and
329 (vi) trains clients in self-hypnosis conditioning;
330 (b) may not:
331 (i) engage in the practice of mental health therapy;
332 (ii) represent himself using the title of a license classification in Subsection 58-60-102 (5);
333 or
334 (iii) use hypnosis with or treat a medical, psychological, or dental condition defined in
335 generally recognized diagnostic and statistical manuals of medical, psychological, or dental
336 disorders;
337 [(5)] (6) an individual's exemption from licensure under Subsection 58-1-307 (1)(b) [or (c)

338 while completing any supervised clinical training requirement for licensure as a psychologist
339 extends not more than one year from the date the minimum requirement for training is completed,
340 unless the individual presents satisfactory evidence to the division and the Psychologist Licensing
341 Board that the individual is making reasonable progress toward passing the qualifying examination
342 or is otherwise on a course reasonably expected to lead to licensure as a psychologist, but any
343 exemption under this subsection may not exceed two years past the date the minimum supervised
344 clinical training requirement has been completed] terminates when the student's training is no
345 longer supervised by qualified faculty or staff and the activities are no longer a defined part of the
346 degree program;
347 [(6)] (7) an individual holding an earned doctoral degree in psychology who is employed
348 by an accredited institution of higher education and who conducts research and teaches in that
349 individual's professional field, but only if the individual does not engage in providing delivery or
350 supervision of professional services regulated under this chapter to individuals or groups regardless
351 of whether there is compensation for the services;
352 [(7)] (8) any individual who was employed as a psychologist by a state, county, or
353 municipal agency or other political subdivision of the state prior to July 1, 1981, and who
354 subsequently has maintained employment as a psychologist in the same state, county, or municipal
355 agency or other political subdivision while engaged in the performance of his official duties for
356 that agency or political subdivision; and
357 [(8)] (9) an individual licensed as a school psychologist under Section 53A-6-104 :
358 (a) may represent himself as and use the terms "school psychologist" or " licensed school
359 psychologist"; and
360 (b) is restricted in his practice to employment within settings authorized by the State Board
361 of Education; and
362 [(9)] (10) an individual providing advice or counsel to another individual in a setting of
363 their association as friends or relatives and in a nonprofessional and noncommercial relationship,
364 if there is no compensation paid for the advice or counsel.
365 Section 11. Section 58-61-308 is enacted to read:
366 58-61-308. Scope of practice -- Limitations.
367 (1) A psychologist may engage in all acts and practices defined as the practice of
368 psychology without supervision, in private and independent practice, or as an employee of another

369 person, limited only by the licensee's education, training, and competence.
370 (2) To the extent an individual is professionally prepared by the education and training
371 track completed while earning a doctor of psychology degree, a licensed psychology resident may
372 engage in all acts and practices defined as the practice of psychology if the practice is:
373 (a) consistent with the licensee's education, clinical training, experience, and competence;
374 and
375 (b) under supervision of a licensed psychologist.
376 Section 12. Section 58-61-502 is amended to read:
377 58-61-502. Unprofessional conduct.
378 (1) As used in this chapter, "unprofessional conduct" includes:
379 (a) using or employing the services of any individual to assist a licensee in any manner not
380 in accordance with the generally recognized practices, standards, or ethics of the profession for
381 which the individual is licensed, or the laws of the state;
382 (b) failure to confine practice conduct to those acts or practices:
383 (i) in which the individual is competent by education, training, and experience within
384 limits of education, training, and experience; and
385 (ii) which are within applicable scope of practice laws of this chapter; and
386 (c) disclosing or refusing to disclose any confidential communication under Section
387 58-61-602 .
388 (2) "Unprofessional conduct" under this chapter may be further defined by division rule.




Legislative Review Note
as of 1-5-01 8:54 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel