S.B. 43 Enrolled

MARRIAGE AND FAMILY THERAPIST
LICENSING AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Karen Hale
AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING; GRANTING
CERTAIN RULEMAKING AUTHORITY TO THE MARRIAGE AND FAMILY THERAPY
LICENSING BOARD; AMENDING EDUCATIONAL REQUIREMENTS FOR MARRIAGE
AND FAMILY THERAPISTS; ESTABLISHING REQUIREMENTS FOR MARRIAGE AND
FAMILY THERAPIST SUPERVISORS; MAKING TECHNICAL CORRECTIONS; AND
PROVIDING A GRANDFATHER CLAUSE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-1-501, as enacted by Chapter 297, Laws of Utah 1993
58-60-303, as enacted by Chapter 32, Laws of Utah 1994
58-60-305, as last amended by Chapter 28, Laws of Utah 1995
ENACTS:
58-60-305.5, Utah Code Annotated 1953
58-60-307, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-1-501 is amended to read:
58-1-501. Unlawful and unprofessional conduct.
(1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful under
this title and includes:
(a) practicing or engaging in, representing oneself to be practicing or engaging in, or
attempting to practice or engage in any occupation or profession requiring licensure under this title
if the person is:
(i) not licensed to do so or not exempted from licensure under this title; or
(ii) restricted from doing so by a suspended, revoked, restricted, temporary, probationary,

or inactive license;
(b) impersonating another licensee or practicing an occupation or profession under a false
or assumed name, except as permitted by law;
(c) knowingly employing any other person to practice or engage in or attempt to practice or
engage in any occupation or profession licensed under this title if the employee is not licensed to do
so under this title;
(d) knowingly permitting the person's authority to practice or engage in any occupation or
profession licensed under this title to be used by another, except as permitted by law; or
(e) obtaining a passing score on a licensure examination, applying for or obtaining a license,
or otherwise dealing with the division or a licensing board through the use of fraud, forgery, or
intentional deception, misrepresentation, misstatement, or omission.
(2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined as
unprofessional conduct under this title or under any rule adopted under this title and includes:
(a) violating, or aiding or abetting any other person to violate, any statute, rule, or order
regulating an occupation or profession under this title;
(b) violating, or aiding or abetting any other person to violate, any generally accepted
professional or ethical standard applicable to an occupation or profession regulated under this title;
(c) engaging in conduct that results in conviction of, or a plea of nolo contendere to, a crime
of moral turpitude or any other crime that, when considered with the functions and duties of the
occupation or profession for which the license was issued or is to be issued, bears a reasonable
relationship to the licensee's or applicant's ability to safely or competently practice the occupation or
profession;
(d) engaging in conduct that results in disciplinary action, including reprimand, censure,
diversion, probation, suspension, or revocation, by any other licensing or regulatory authority having
jurisdiction over the licensee or applicant in the same occupation or profession if the conduct would,
in this state, constitute grounds for denial of licensure or disciplinary proceedings under Section
58-1-401 ;
(e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar

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chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the ability
of the licensee or applicant to safely engage in the occupation or profession;
(f) practicing or attempting to practice an occupation or profession regulated under this title
despite being physically or mentally unfit to do so;
(g) practicing or attempting to practice an occupation or profession regulated under this title
through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
(h) practicing or attempting to practice an occupation or profession requiring licensure under
this title by any form of action or communication which is false, misleading, deceptive, or fraudulent;
(i) practicing or attempting to practice an occupation or profession regulated under this title
beyond the scope of the licensee's competency, abilities, or education;
(j) practicing or attempting to practice an occupation or profession regulated under this title
beyond the scope of the licensee's license; [or]
(k) verbally, physically, mentally, or sexually abusing or exploiting any person through
conduct connected with the licensee's practice under this title or otherwise facilitated by the licensee's
license[.]; or
(l) acting as a supervisor without meeting the qualification requirements for that position that
are defined by statute or rule.
Section 2. Section 58-60-303 is amended to read:
58-60-303. Board -- Powers.
(1) There is created the Marriage and Family Therapist Licensing Board consisting of four
marriage and family therapists and one member from the general public.
(2) The board shall be appointed, serve terms, and be compensated in accordance with
Section 58-1-201 .
(3) The [duties and responsibilities of the] board [are in accordance] shall:
(a) comply with the provisions of Sections 58-1-202 and 58-1-203 [. In addition, the board
shall:];
[(a)] (b) designate one of its members on a permanent or rotating basis to assist the division
in review of complaints concerning unlawful or unprofessional practice by a licensee in the respective

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profession regulated by the board, and to advise the division with respect to the conduct of
investigations of the complaints; and
[(b)] (c) disqualify any member from acting as presiding officer in any administrative
procedure in which that member has previously reviewed the complaint or advised the division.
Section 3. Section 58-60-305 is amended to read:
58-60-305. Qualifications for licensure.
All applicants for licensure as marriage and family therapists shall:
(1) submit an application on a form provided by the division;
(2) pay a fee determined by the department under Section 63-38-3.2 ;
(3) be of good moral character;
(4) produce certified transcripts evidencing completion of a masters or doctorate degree in
marriage and family therapy from [an accredited institution of higher education recognized by the
division in collaboration with the board verifying satisfactory completion of an earned degree resulting
from education as follows]:
[(a) an earned doctorate degree in marriage and family therapy from]
(a) a program accredited by the Commission on Accreditation for Marriage and Family
Therapy Education; or
(b) an accredited institution meeting criteria for approval established by rule under Section
58-1-203 ;
[(b) an earned doctorate degree in a field of education emphasizing human behavioral studies
and skill in therapy or counseling which is determined by the division in collaboration with the board
to be equivalent to the doctorate degree in Subsection (4)(a), and is obtained from an accredited
institution meeting criteria for approval established by rule under Section 58-1-203 ;]
[(c) an earned master's degree in marriage and family therapy from an accredited institution
meeting criteria for approval established by rule under Section 58-1-203 ;]
[(d) an earned master's degree in a field of education emphasizing human behavioral studies
and skill in therapy or counseling which is determined by the division in collaboration with the board
to be equivalent to the master's degree in Subsection (4)(c), and is obtained from an accredited

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institution meeting criteria for approval established by rule under Section 58-1-203 ; or]
[(e) an earned master's or doctorate degree in a field of religious study with a documented
emphasis in marriage and family therapy determined by the division in collaboration with the board
to be equivalent to the education requirements in Subsection (4)(b) or (d);]
(5) have completed a minimum of 4,000 hours of marriage and family therapy training as
defined by division rule under Section 58-1-203 , in not less than two years, under the supervision of
a marriage and family therapist supervisor [approved by the division in collaboration with the board]
who meets the requirements of Section 58-60-307 , and obtained after completion of the education
requirement in Subsection (4);
(6) 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
(4)(a) or (b), which training may be included as part of the 4,000 hours of training described in
Subsection (5), and of which documented evidence demonstrates not less than 100 of the supervised
hours were obtained [under the] during direct, personal, face-to-face supervision [of] by a marriage
and family therapist [approved by the division in collaboration with the board] supervisor qualified
under Section 58-60-307 ; and
(7) pass the examination requirement established by division rule under Section 58-1-203 .
Section 4. Section 58-60-305.5 is enacted to read:
58-60-305.5. Qualification for licensure before May 1, 2000.
(1) A person who was licensed under this chapter as of May 1, 2000, may apply for renewal
of licensure without being required to fulfill the educational requirements described in Subsection
58-60-305 (4).
(2) A person who seeks licensure under this chapter before July 1, 2002, need comply only
with the licensure requirements in effect before May 1, 2000.
Section 5. Section 58-60-307 is enacted to read:
58-60-307. Marriage and family therapist supervisors -- Qualifications.
(1) Each person acting as a marriage and family therapist supervisor shall:
(a) have at least five years of clinical experience as a marriage and family therapist since the

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date of first licensure; and
(b) either:
(i) be approved as a supervisor by a national professional organization; or
(ii) meet the criteria established by rule.
(2) Persons who act as a supervisor without meeting the requirements of this section are
subject to discipline for unprofessional conduct.

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