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S.B. 89 Enrolled

                 

MENTAL HEALTH PROFESSIONAL PRACTICE

                 
ACT AMENDMENTS

                 
2003 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: D. Chris Buttars

                  This act modifies the Mental Health Professional Practice Act by allowing a certified
                  social worker intern to provide mental health therapy under the supervision of a clinical
                  social worker. The act provides for the issuance of temporary licenses to marriage and
                  family therapists and professional counselors.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      58-60-115, as enacted by Chapter 311, Laws of Utah 1998
                      58-60-204, as enacted by Chapter 32, Laws of Utah 1994
                      58-60-205, as last amended by Chapter 28, Laws of Utah 1995
                  ENACTS:
                      58-60-117, Utah Code Annotated 1953
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 58-60-115 is amended to read:
                       58-60-115. License by endorsement.
                      The division shall issue a license by endorsement under this chapter to a person who:
                      (1) submits an application on a form provided by the division;
                      (2) pays a fee determined by the department under Section 63-38-3.2 ;
                      (3) provides documentation of current licensure in good standing in any state, district,
                  or territory of the United States to practice in the profession in which licensure is being sought;
                      (4) provides documentation of having been actively engaged in the legal practice of his
                  profession, including, but not limited to, mental health therapy, for not less than 4,000 hours
                  during the three years immediately preceding the date of application for licensure in Utah;
                      (5) has passed the profession specific jurisprudence examination if required of a new
                  applicant; and


                      (6) is of good moral character and professional standing, and has no disciplinary action
                  pending or in effect against the applicant's license in any jurisdiction.
                      Section 2. Section 58-60-117 is enacted to read:
                      58-60-117. Externship licenses.
                      (1) The division shall issue a temporary license under Part 3 or 4 of this chapter to a
                  person who:
                      (a) submits an application for licensure under Part 3 or 4;
                      (b) pays a fee determined by the department under Section 63-38-3.2 ;
                      (c) holds an earned doctoral degree or master's degree in a discipline that is a prerequisite
                  for practice as a mental health therapist;
                      (d) has one or more deficiencies in course work, experience, training, or examination;
                      (e) provides mental health therapy as an employee of a public or private organization,
                  which provides mental health therapy, while under the supervision of a person licensed under this
                  chapter; and
                      (f) is of good moral character and has no disciplinary action pending or in effect against
                  the applicant in connection with the practice of mental health therapy, in any jurisdiction.
                      (2) A temporary license issued under this section shall expire upon the earlier of:
                      (a) issuance of the license applied for; or
                      (b) one year from the date the temporary license was issued.
                      (3) The temporary license issued under this section is an externship license.
                      Section 3. Section 58-60-204 is amended to read:
                       58-60-204. License classifications.
                      The division shall issue licenses and certifications to individuals qualified under this part
                  in the classifications:
                      (1) clinical social worker;
                      (2) certified social worker; [and]
                      (3) certified social worker intern; and
                      [(3)] (4) social service worker.

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                      Section 4. Section 58-60-205 is amended to read:
                       58-60-205. Qualifications for licensure or certification as a clinical or certified
                  social worker, certified social worker intern, 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 63-38-3.2 ;
                      (c) be of good moral character;
                      (d) 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 earned degree as follows:
                      (i) an earned master's degree in social work resulting from completion of an education
                  program accredited by the Council on Social Work Education; or
                      (ii) an earned doctoral degree in social work that results from successful completion of a
                  clinical concentration and practicum approved by the division and defined by rule under Section
                  58-1-203 ;
                      (e) have completed a minimum of 4,000 hours of clinical social work training as defined
                  by division rule under Section 58-1-203 in not less than two years and under the supervision of a
                  clinical social worker supervisor approved by the division in collaboration with the board;
                      (f) 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)(d), which training may be included as part of the 4,000 hours of training in Subsection (1)(e),
                  and of which documented evidence demonstrates not less than 100 of the hours were obtained
                  under the direct personal face to face supervision of a clinical social worker approved by the
                  division in collaboration with the board;
                      (g) 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
                      (h) pass the examination requirement established by rule under Section 58-1-203 .
                      (2) An applicant for licensure as a certified social 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 63-38-3.2 ;
                      (c) be of good moral character;
                      (d) produce certified transcripts from an accredited institution of higher education
                  recognized by the division in collaboration with the Social Worker Licensing Board verifying
                  satisfactory completion of an education and an earned degree as follows:
                      (i) a social work education program accredited by the Council on Social Work Education
                  and an earned master's degree resulting from completion of that program; or
                      (ii) an education program that contains approved clinical social work concentration and
                  practicum in content as defined by rule under Section 58-1-203 and an earned doctorate resulting
                  from completion of that program; and
                      (e) 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), (c), and (d).
                      (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
                  examination required under Subsection (2)(e) or six months, whichever occurs first.
                      (c) A certified social worker intern may provide mental health therapy under the general
                  supervision of a clinical social worker.
                      [(3)] (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 63-38-3.2 ;
                      (c) be of good moral character;
                      (d) produce certified transcripts from an accredited institution of higher education
                  recognized by the division in collaboration with the Social Worker Licensing Board verifying
                  satisfactory completion of an earned degree resulting from education as follows:
                      (i) a bachelor's degree in a social work program accredited by the Council on Social
                  Work Education;
                      (ii) a master's degree in a field approved by the division in collaboration with the social

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                  worker board; or
                      (iii) a bachelor's degree in sociology, psychology, family sciences, or other field
                  approved by the division in collaboration with the Social Worker Licensing Board and also
                  documentation of 2,000 hours of supervised social work activity approved by the division in
                  collaboration with the board, which is performed after completing bachelor's degree requirements
                  under this Subsection (4);
                      (iv) a bachelor's degree in any field, if the applicant has completed:
                      (A) the equivalent of three credit hours of course work or other approved training in
                  full-life human growth behavior, abnormal psychology, social work values and ethics, social
                  welfare, or social welfare policy;
                      (B) an approved social work practice methods course; and
                      (C) one year of qualifying experience under the supervision of a licensed certified or
                  clinical social worker, which experience is approved by the division in collaboration with the
                  Social Worker Licensing Board, and which is performed after completion of the requirements to
                  obtain the bachelor's degree required under this Subsection (4); or
                      (v) successful completion of the first academic year of a Council on Social Work
                  Education approved master's of social work curriculum and practicum; and
                      (e) pass the examination requirement established by rule under Section 58-1-203 .

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