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H.B. 279





Sponsor: Lorie D. Fowlke

             6      LONG TITLE
             7      General Description:
             8          This bill modifies provisions of the Professional Counselor Licensing Act related to
             9      professional counselors and certified professional counselor interns.
             10      Highlighted Provisions:
             11          This bill:
             12          .    changes the designation of individuals licensed under the act from licensed
             13      professional counselor to licensed clinical counselor and from certified professional
             14      counselor intern to certified clinical counselor; and
             15          .    makes name conforming changes to the title of the act and the title of the licensing
             16      board.
             17      Monies Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          58-60-401, as enacted by Chapter 32, Laws of Utah 1994
             24          58-60-402, as enacted by Chapter 32, Laws of Utah 1994
             25          58-60-403, as enacted by Chapter 32, Laws of Utah 1994
             26          58-60-404, as last amended by Chapter 281, Laws of Utah 2001
             27          58-60-405, as last amended by Chapter 281, Laws of Utah 2001

             28          58-60-407, as enacted by Chapter 281, Laws of Utah 2001
             30      Be it enacted by the Legislature of the state of Utah:
Part 4. Clinical Counselor Licensing Act

             32          Section 1. Section 58-60-401 is amended to read:
             33           58-60-401. Title.
             34          This part is known as the ["Professional] "Clinical Counselor Licensing Act."
             35          Section 2. Section 58-60-402 is amended to read:
             36           58-60-402. Definitions.
             37          In addition to the definitions in Sections 58-1-102 and 58-60-102 , as used in this part:
             38          (1) "Board" means the [Professional] Clinical Counselor Licensing Board created in
             39      Section 58-60-403 .
             40          (2) "Practice of professional counseling" means the practice of mental health therapy
             41      by means of observation, description, evaluation, interpretation, intervention, and treatment to
             42      effect modification of human behavior by the application of generally recognized professional
             43      counseling principles, methods, and procedures for the purpose of preventing, treating, or
             44      eliminating mental or emotional illness or dysfunction, symptoms of any of these, or
             45      maladaptive behavior.
             46          Section 3. Section 58-60-403 is amended to read:
             47           58-60-403. Board.
             48          (1) There is created the [Professional] Clinical Counselor Licensing Board consisting
             49      of four [professional] licensed clinical counselors and one member from the general public.
             50          (2) The board shall be appointed, serve terms, and be compensated in accordance with
             51      Section 58-1-201 .
             52          (3) The duties and responsibilities of the board are in accordance with Sections
             53      58-1-202 and 58-1-203 . [In addition, the]
             54          (4) The board shall:
             55          (a) designate one of its members on a permanent or rotating basis to assist the division
             56      in review of complaints concerning unlawful or unprofessional practice by a licensee in the
             57      profession regulated by the board and to advise the division with respect to the conduct of
             58      investigations of the complaints; and

             59          (b) disqualify [any] a member from acting as presiding officer in [any] an
             60      administrative procedure in which that member has previously reviewed the complaint or
             61      advised the division.
             62          Section 4. Section 58-60-404 is amended to read:
             63           58-60-404. License classifications.
             64          The division shall issue licenses to individuals qualified under the provisions of this
             65      part in the classification of:
             66          (1) a [professional] licensed clinical counselor; or
             67          (2) a certified [professional] clinical counselor [intern].
             68          Section 5. Section 58-60-405 is amended to read:
             69           58-60-405. Qualifications for licensure.
             70          (1) All applicants for licensure as a [professional] licensed clinical counselor shall:
             71          (a) submit an application on a form provided by the division;
             72          (b) pay a fee determined by the department under Section 63-38-3.2 ;
             73          (c) be of good moral character;
             74          (d) produce certified transcripts from an accredited institution of higher education
             75      recognized by the division in collaboration with the board verifying satisfactory completion of:
             76          (i) an education and degree in an education program in counseling with a core
             77      curriculum defined by division rule under Section 58-1-203 preparing one to competently
             78      engage in mental health therapy; and
             79          (ii) an earned doctoral or master's degree resulting from that education program;
             80          (e) have completed a minimum of 4,000 hours of professional counselor training as
             81      defined by division rule under Section 58-1-203 , in not less than two years, under the
             82      supervision of a [professional] licensed clinical counselor, psychiatrist, psychologist, clinical
             83      social worker, registered psychiatric mental health nurse specialist, or marriage and family
             84      therapist supervisor approved by the division in collaboration with the board, and obtained
             85      after completion of the education requirement in Subsection (1)(d);
             86          (f) document successful completion of not less than 1,000 hours of supervised training
             87      in mental health therapy obtained after completion of the education requirement in Subsection
             88      (1)(d), which training may be included as part of the 4,000 hours of training in Subsection
             89      (1)(e), and of which documented evidence demonstrates not less than 100 of the hours were

             90      obtained under the direct personal face to face supervision of a mental health therapist
             91      approved by the division in collaboration with the board; and
             92          (g) pass the examination requirement established by division rule under Section
             93      58-1-203 .
             94          (2) (a) All applicants for certification as a [professional] certified clinical counselor
             95      [intern] shall comply with the provisions of Subsections (1)(a), (b), (c), and (d).
             96          (b) An individual's certification as a [professional] certified clinical counselor [intern]
             97      is limited to the period of time necessary to complete clinical training as described in
             98      Subsections (1)(e) and (f) and extends not more than one year from the date the minimum
             99      requirement for training is completed, unless the individual presents satisfactory evidence to
             100      the division and the appropriate board that the individual is making reasonable progress toward
             101      passing of the qualifying examination for that profession or is otherwise on a course reasonably
             102      expected to lead to licensure, but the period of time under this Subsection (2)(b) may not
             103      exceed two years past the date the minimum supervised clinical training requirement has been
             104      completed.
             105          Section 6. Section 58-60-407 is amended to read:
             106           58-60-407. Scope of practice -- Limitations.
             107          (1) A licensed [professional] clinical counselor may engage in all acts and practices
             108      defined as the practice of professional counseling without supervision, in private and
             109      independent practice, or as an employee of another person, limited only by the licensee's
             110      education, training, and competence.
             111          (2) (a) To the extent an individual has completed the educational requirements of
             112      Subsections 58-60-405 (1)(a) through (1)(d), a certified [professional counseling intern] clinical
             113      counselor may engage in all acts and practices defined as the practice of professional
             114      counseling if the practice is:
             115          (i) within the scope of employment as a certified [professional] clinical counselor with
             116      a public agency or private clinic as defined by division rule; and
             117          (ii) under supervision of a qualified licensed mental health therapist as defined in
             118      Subsection 58-60-102 (5).
             119          (b) A certified [professional] clinical counselor [intern] may not engage in the
             120      independent practice of professional counseling.

Legislative Review Note
    as of 1-31-05 10:07 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel

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