H.B. 279 Enrolled

CLINICAL COUNSELOR - TITLE CHANGE
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lorie D. Fowlke
Senate Sponsor: Curtis S. Bramble

LONG TITLE
General Description:
This bill modifies provisions of the Professional Counselor Licensing Act related to
professional counselors and certified professional counselor interns.
Highlighted Provisions:
This bill:
. changes the designation of individuals licensed under the act from licensed
professional counselor to licensed clinical counselor and from certified professional
counselor intern to certified clinical counselor; and
. makes name conforming changes to the title of the act and the title of the licensing
board.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-60-401, as enacted by Chapter 32, Laws of Utah 1994
58-60-402, as enacted by Chapter 32, Laws of Utah 1994
58-60-403, as enacted by Chapter 32, Laws of Utah 1994
58-60-404, as last amended by Chapter 281, Laws of Utah 2001
58-60-405, as last amended by Chapter 281, Laws of Utah 2001
58-60-407, as enacted by Chapter 281, Laws of Utah 2001

Be it enacted by the Legislature of the state of Utah:
Part 4. Clinical Counselor Licensing Act
Section 1. Section 58-60-401 is amended to read:
58-60-401. Title.
This part is known as the ["Professional] "Clinical Counselor Licensing Act."
Section 2. Section 58-60-402 is amended to read:
58-60-402. Definitions.
In addition to the definitions in Sections 58-1-102 and 58-60-102 , as used in this part:
(1) "Board" means the [Professional] Clinical Counselor Licensing Board created in
Section 58-60-403 .
(2) "Practice of professional counseling" means the practice of mental health therapy by
means of observation, description, evaluation, interpretation, intervention, and treatment to effect
modification of human behavior by the application of generally recognized professional
counseling principles, methods, and procedures for the purpose of preventing, treating, or
eliminating mental or emotional illness or dysfunction, symptoms of any of these, or maladaptive
behavior.
Section 3. Section 58-60-403 is amended to read:
58-60-403. Board.
(1) There is created the [Professional] Clinical Counselor Licensing Board consisting of
four [professional] licensed clinical counselors 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 with Sections 58-1-202
and 58-1-203 . [In addition, the]
(4) The board shall:
(a) 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

profession regulated by the board and to advise the division with respect to the conduct of
investigations of the complaints; and
(b) disqualify [any] a member from acting as presiding officer in [any] an administrative
procedure in which that member has previously reviewed the complaint or advised the division.
Section 4. Section 58-60-404 is amended to read:
58-60-404. License classifications.
The division shall issue licenses to individuals qualified under the provisions of this part
in the classification of:
(1) a [professional] licensed clinical counselor; or
(2) a certified [professional] clinical counselor [intern].
Section 5. Section 58-60-405 is amended to read:
58-60-405. Qualifications for licensure.
(1) All applicants for licensure as a [professional] licensed clinical counselor 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:
(i) an education and degree in an education program in counseling with a core curriculum
defined by division rule under Section 58-1-203 preparing one to competently engage in mental
health therapy; and
(ii) an earned doctoral or master's degree resulting from that education program;
(e) have completed a minimum of 4,000 hours of professional counselor training as
defined by division rule under Section 58-1-203 , in not less than two years, under the supervision
of a [professional] licensed clinical 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, and obtained after completion of the
education requirement in Subsection (1)(d);

(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 mental health therapist approved by the
division in collaboration with the board; and
(g) pass the examination requirement established by division rule under Section
58-1-203 .
(2) (a) All applicants for certification as a [professional] certified clinical counselor
[intern] shall comply with the provisions of Subsections (1)(a), (b), (c), and (d).
(b) An individual's certification as a [professional] certified clinical counselor [intern] is
limited to the period of time necessary to complete clinical training as described in Subsections
(1)(e) and (f) 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 6. Section 58-60-407 is amended to read:
58-60-407. Scope of practice -- Limitations.
(1) A licensed [professional] clinical counselor may engage in all acts and practices
defined as the practice of professional counseling without supervision, in private and
independent practice, or as an employee of another person, limited only by the licensee's
education, training, and competence.
(2) (a) To the extent an individual has completed the educational requirements of
Subsections 58-60-405 (1)(a) through (1)(d), a certified [professional counseling intern] clinical
counselor may engage in all acts and practices defined as the practice of professional counseling
if the practice is:

(i) within the scope of employment as a certified [professional] clinical counselor with a
public agency or private clinic as defined by division rule; and
(ii) under supervision of a qualified licensed mental health therapist as defined in
Subsection 58-60-102 (5).
(b) A certified [professional] clinical counselor [intern] may not engage in the
independent practice of professional counseling.