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First Substitute S.B. 90
This document includes House Committee Amendments incorporated into the bill on Fri, Feb 12, 2010 at 2:40 PM by jeyring. -->
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8 LONG TITLE
9 General Description:
10 This bill amends provisions of the Mental Health Professional Practice Act.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . modifies requirements for licensure by endorsement;
15 . provides that a license by endorsement that was valid immediately before the
16 passage of this bill continues to be valid;
17 . amends the scope of practice provisions for a social service worker;
18 . defines the term "program accredited by the Council on Social Work Education" to
19 include a program that was accredited, and a program that was in candidacy for
20 accreditation, on the day on which the applicant for licensure satisfactorily
21 completed the program;
22 . modifies the membership of the Social Worker Licensing Board;
23 . modifies the qualifications for a social service worker license;
24 . provides that a social service worker license that was valid immediately before the
25 passage of this bill continues to be valid;
House Committee Amendments 2-12-2010 je/trv
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. establishes a continuing education requirement for a social service worker;26
27 . modifies qualifications for admission to examination under the Social Worker
28 Licensing Act;
29 . changes the classification of "certified marriage and family therapist intern" to
30 "associate marriage and family therapist";
31 . modifies license qualification requirements H. and supervision requirements .H
31a under the Substance Abuse Practice
32 Act; and
33 . makes technical changes.
34 Monies Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 58-60-115, as last amended by Laws of Utah 2009, Chapter 183
41 58-60-202, as enacted by Laws of Utah 1994, Chapter 32
42 58-60-203, as enacted by Laws of Utah 1994, Chapter 32
43 58-60-205, as last amended by Laws of Utah 2009, Chapter 183
44 58-60-206, as enacted by Laws of Utah 1994, Chapter 32
45 58-60-304, as last amended by Laws of Utah 2001, Chapter 281
46 58-60-305, as last amended by Laws of Utah 2009, Chapter 183
47 58-60-308, as last amended by Laws of Utah 2009, Chapter 183
48 58-60-506, as last amended by Laws of Utah 2009, Chapter 183
48a H. 58-60-508, as last amended by Laws of Utah 2007, Chapter 283 .H
49 ENACTS:
50 58-60-115.2, Utah Code Annotated 1953
51 58-60-205.5, Utah Code Annotated 1953
52
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 58-60-115 is amended to read:
55 58-60-115. License by endorsement.
56 The division shall issue a license by endorsement under this chapter to a person who:
House Committee Amendments 2-12-2010 je/trv
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(1) submits an application on a form provided by the division;57
58 (2) pays a fee determined by the department under Section 63J-1-504 ;
59 (3) provides documentation of current licensure in good standing in any state, district,
60 or territory of the United States to practice in the profession [
61 sought;
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66 (4) H. except as provided in Subsection (5), .H provides documentation that the person
66a has engaged in the lawful practice of the
67 profession for which licensure is sought for not less than 4,000 hours, of which 1,000 hours are
68 in mental health therapy;
68a H. (5) if the person is applying for a license to practice as a licensed substance abuse
68b counselor, provides documentation that the person has:
68c (a) engaged in the lawful practice of the profession for not less than 4,000 hours; and
68d (b) has passed an examination approved by the division, by rule, to establish
68e proficiency in the profession;
69 [
69a of a new
70 applicant; and
71 H. [
71a disciplinary action
72 pending or in effect against the applicant's license in any jurisdiction.
73 Section 2. Section 58-60-115.2 is enacted to read:
74 58-60-115.2. Pre-existing license by endorsement.
75 A person who, on May 11, 2010, has a valid license by endorsement under Section
76 58-60-115 that was granted before May 11, 2010, is considered to have met the requirements of
77 Subsection 58-60-115 (4) if the person provides documentation that the person has engaged in:
78 (1) the lawful practice of the person's profession, including mental health therapy, for
79 not less than 4,000 hours during the three years immediately preceding the date of application
80 for licensure in Utah; or
81 (2) the lawful practice of the profession for which licensure is sought for not less than
82 4,000 hours, of which 1,000 hours are in mental health therapy.
83 Section 3. Section 58-60-202 is amended to read:
84 58-60-202. Definitions.
85 In addition to the definitions in Sections 58-1-102 and 58-60-102 , as used in this part:
86 (1) "Board" means the Social Worker Licensing Board created in Section 58-60-203 .
87 (2) (a) "Practice as a social service worker" means performance of general entry level
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89 work theory, methods, and ethics in order to enhance the social or psychosocial functioning of
90 an individual, a couple, a family, a group, or a community, including:
91 (i) conducting:
92 (A) a non-clinical psychosocial assessment; or
93 (B) a home study;
94 (ii) collaborative planning and goal setting;
95 (iii) ongoing case management;
96 (iv) progress monitoring;
97 (v) supportive counseling;
98 (vi) information gathering;
99 (vii) making referrals; and
100 (viii) engaging in advocacy.
101 (b) "Practice as a social service worker" does not include:
102 (i) diagnosing or treating mental illness; or
103 (ii) providing psychotherapeutic services to an individual, couple, family, group, or
104 community.
105 [
106 (a) the practice of mental health therapy by observation, description, evaluation,
107 interpretation, intervention, and treatment to effect modification of behavior by the application
108 of generally recognized professional social work principles, methods, and procedures for the
109 purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, the
110 symptoms of any of these, or maladaptive behavior;
111 (b) the application of generally recognized psychotherapeutic and social work
112 principles and practices requiring the education, training, and clinical experience of a clinical
113 social worker; and
114 (c) supervision of the practice of a certified social worker or social service worker as
115 the supervision is required under this chapter and as further defined by division rule.
116 [
117 (a) the supervised practice of mental health therapy by a clinical social worker by
118 observation, description, evaluation, interpretation, intervention, and treatment to effect
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120 principles, methods, and procedures for the purpose of preventing, treating, or eliminating
121 mental or emotional illness or dysfunctions, the symptoms of any of these, or maladaptive
122 behavior;
123 (b) the supervised or independent and unsupervised application of generally recognized
124 professional social work principles and practices requiring the education, training, and
125 experience of a certified social worker; and
126 (c) supervision of the practice of a social service worker as the supervision is required
127 under this chapter and as further defined by division rule.
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138 (5) "Program accredited by the Council on Social Work Education" means a program
139 that:
140 (a) was accredited by the Council on Social Work Education on the day on which the
141 applicant for licensure satisfactorily completed the program; or
142 (b) was in candidacy for accreditation by the Council on Social Work Education on the
143 day on which the applicant for licensure satisfactorily completed the program.
144 [
145 individual licensed as a mental health therapist under this title in accordance with division rules
146 made in collaboration with the board.
147 Section 4. Section 58-60-203 is amended to read:
148 58-60-203. Board.
149 (1) There is created the Social Worker Licensing Board consisting of [
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151 and one member from the general public.
152 (2) The board shall be appointed, serve terms, and be compensated in accordance with
153 Section 58-1-201 .
154 (3) The duties and responsibilities of the board are under Sections 58-1-202 and
155 58-1-203 . In addition, the board shall:
156 (a) designate one of its members on a permanent or rotating basis to assist the division
157 in review of complaints concerning unlawful or unprofessional practice by a licensee in any
158 profession regulated by the board and to advise the division regarding the conduct of
159 investigations of the complaints; and
160 (b) disqualify any member from acting as presiding officer in any administrative
161 procedure in which that member has previously reviewed the complaint or advised the division.
162 Section 5. Section 58-60-205 is amended to read:
163 58-60-205. Qualifications for licensure or certification as a clinical social worker,
164 certified social worker, and social service worker.
165 (1) An applicant for licensure as a clinical social worker shall:
166 (a) submit an application on a form provided by the division;
167 (b) pay a fee determined by the department under Section 63J-1-504 ;
168 (c) be of good moral character;
169 (d) produce certified transcripts from an accredited institution of higher education
170 recognized by the division in collaboration with the board verifying satisfactory completion of
171 an education and earned degree as follows:
172 (i) an earned master's degree in social work resulting from completion of an education
173 program accredited by the Council on Social Work Education; or
174 (ii) an earned doctoral degree in social work that results from successful completion of
175 a clinical concentration and practicum approved by the division and defined by rule under
176 Section 58-1-203 ;
177 (e) have completed a minimum of 4,000 hours of clinical social work training as
178 defined by division rule under Section 58-1-203 in not less than two years and under the
179 supervision of a clinical social worker supervisor approved by the division in collaboration
180 with the board;
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182 in mental health therapy obtained after completion of the education requirement in Subsection
183 (1)(d), which training may be included as part of the 4,000 hours of training in Subsection
184 (1)(e), and of which documented evidence demonstrates not less than 100 of the hours were
185 obtained under the direct personal face to face supervision of a clinical social worker approved
186 by the division in collaboration with the board;
187 (g) have completed a case work, group work, or family treatment course sequence with
188 a clinical practicum in content as defined by rule under Section 58-1-203 ; and
189 (h) pass the examination requirement established by rule under Section 58-1-203 .
190 (2) An applicant for licensure as a certified social worker shall:
191 (a) submit an application on a form provided by the division;
192 (b) pay a fee determined by the department under Section 63J-1-504 ;
193 (c) be of good moral character;
194 (d) produce certified transcripts from an accredited institution of higher education
195 recognized by the division in collaboration with the Social Worker Licensing Board verifying
196 satisfactory completion of an education and an earned degree as follows:
197 (i) a social work education program accredited by the Council on Social Work
198 Education and an earned master's degree resulting from completion of that program; or
199 (ii) an education program that contains approved clinical social work concentration and
200 practicum in content as defined by rule under Section 58-1-203 and an earned doctorate
201 resulting from completion of that program; and
202 (e) pass the examination requirement established by rule under Section 58-1-203 .
203 (3) (a) An applicant for certification as a certified social worker intern shall meet the
204 requirements of Subsections (2)(a), (b), (c), and (d).
205 (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
206 examination required under Subsection (2)(e) or six months, whichever occurs first.
207 (c) A certified social worker intern may provide mental health therapy under the
208 general supervision of a clinical social worker.
209 (4) An applicant for licensure as a social service worker shall:
210 (a) submit an application on a form provided by the division;
211 (b) pay a fee determined by the department under Section 63J-1-504 ;
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213 (d) produce certified transcripts from an accredited institution of higher education
214 recognized by the division in collaboration with the Social Worker Licensing Board verifying
215 satisfactory completion of an earned degree resulting from education as follows:
216 (i) a bachelor's degree in a social work program accredited by the Council on Social
217 Work Education;
218 (ii) a master's degree in a field approved by the division in collaboration with the social
219 worker board;
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229 (iii) a bachelor's degree in any field if the applicant:
230 (A) except as provided in Subsection 58-60-205.2 (2), has completed at least three
231 semester hours, or the equivalent, in each of the following areas:
232 (I) social welfare policy;
233 (II) human growth and development; and
234 (III) social work practice methods, as defined by rule; and
235 [
236 [
237 2,000 hours of qualifying experience under the supervision of a [
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239 collaboration with the Social Worker Licensing Board, and which is performed after
240 completion of the requirements to obtain the bachelor's degree required under this Subsection
241 (4); or
242 [
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244 (e) pass the examination requirement established by rule under Section 58-1-203 .
245 Section 6. Section 58-60-205.5 is enacted to read:
246 58-60-205.5. Continuing education.
247 As a condition for renewal of a license under this part, a social service worker licensee
248 shall, during each two-year licensure cycle, complete qualified continuing professional
249 education, as defined by rule made in accordance with Title 63G, Chapter 3, Utah
250 Administrative Rulemaking Act.
251 Section 7. Section 58-60-206 is amended to read:
252 58-60-206. Qualifications for admission to examination.
253 All applicants for admission to any examination qualifying an individual for licensure
254 under this part shall, before taking the examination:
255 (1) submit an application for examination and licensure on a form provided by the
256 division;
257 (2) pay the fee established for the examination; and
258 (3) certify under penalty of perjury as evidenced by notarized signature on the
259 application for [
260 (a) has completed the education requirement and been awarded the earned degree
261 required for licensure[
262 (b) has only one semester, or the equivalent, remaining before the applicant completes
263 the education requirement for earning the degree that is required for licensure.
264 Section 8. Section 58-60-304 is amended to read:
265 58-60-304. License classifications.
266 The division shall issue licenses to individuals qualified under this part in the
267 classification of:
268 (1) marriage and family therapist; or
269 (2) [
270 Section 9. Section 58-60-305 is amended to read:
271 58-60-305. Qualifications for licensure.
272 (1) All applicants for licensure as marriage and family therapists shall:
273 (a) submit an application on a form provided by the division;
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275 (c) be of good moral character;
276 (d) produce certified transcripts evidencing completion of a masters or doctorate degree
277 in marriage and family therapy from:
278 (i) a program accredited by the Commission on Accreditation for Marriage and Family
279 Therapy Education; or
280 (ii) an accredited institution meeting criteria for approval established by rule under
281 Section 58-1-203 ;
282 (e) have completed a minimum of 4,000 hours of marriage and family therapy training
283 as defined by division rule under Section 58-1-203 , in not less than two years, under the
284 supervision of a marriage and family therapist supervisor who meets the requirements of
285 Section 58-60-307 , and obtained after completion of the education requirement in Subsection
286 (1)(d);
287 (f) document successful completion of not less than 1,000 hours of supervised training
288 in mental health therapy obtained after completion of the education requirement described in
289 Subsection (1)(d)(i) or (1)(d)(ii), which training may be included as part of the 4,000 hours of
290 training described in Subsection (1)(e), and of which documented evidence demonstrates not
291 less than 100 of the supervised hours were obtained during direct, personal, face-to-face
292 supervision by a marriage and family therapist supervisor qualified under Section 58-60-307 ;
293 and
294 (g) pass the examination requirement established by division rule under Section
295 58-1-203 .
296 (2) (a) All applicants for [
297 family therapist [
298 (d).
299 (b) An individual's [
300 therapist [
301 described in Subsections (1)(e) and (f) and extends not more than one year from the date the
302 minimum requirement for training is completed, unless the individual presents satisfactory
303 evidence to the division and the appropriate board that the individual is making reasonable
304 progress toward passing of the qualifying examination for that profession or is otherwise on a
305
306 (2)(b) may not exceed two years past the date the minimum supervised clinical training
307 requirement has been completed.
308 Section 10. Section 58-60-308 is amended to read:
309 58-60-308. Scope of practice -- Limitations.
310 (1) A licensed marriage and family therapist may engage in all acts and practices
311 defined as the practice of marriage and family therapy without supervision, in private and
312 independent practice, or as an employee of another person, limited only by the licensee's
313 education, training, and competence.
314 (2) (a) To the extent an individual has completed the educational requirements of
315 Subsection 58-60-305 (1)(d), a [
316 [
317 therapy if the practice is:
318 (i) within the scope of employment as [
319 family therapist [
320 (ii) under the supervision of a licensed marriage and family therapist who is qualified
321 as a supervisor under Section 58-60-307 .
322 (b) A [
323 not engage in the independent practice of marriage and family therapy.
324 Section 11. Section 58-60-506 is amended to read:
325 58-60-506. Qualifications for licensure on and after July 1, 2007.
326 (1) An applicant for licensure under this part on and after July 1, 2007, must meet the
327 following qualifications:
328 (a) submit an application in a form prescribed by the division;
329 (b) pay a fee determined by the department under Section 63J-1-504 ;
330 (c) be of good moral character;
331 (d) satisfy the requirements of Subsection (2), (3), (4), or (5) respectively; and
332 (e) except for licensure as a certified substance abuse counselor intern, satisfy the
333 examination requirement established by rule under Section 58-1-203 .
334 (2) An applicant for licensure as a licensed substance abuse counselor shall [
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337 (i) certified transcripts from an accredited institution of higher education meeting
338 standards established by the division by rule in collaboration with the board verifying
339 satisfactory completion of a baccalaureate or graduate degree in behavioral or social sciences;
340 (ii) documentation of the applicant's completion of a substance abuse education
341 program; and
342 (iii) documentation of the applicant's completion of 2,000 hours of supervised
343 experience in substance abuse treatment:
344 (A) meeting standards established by the division in collaboration with the board; and
345 (B) performed within a two-year period after the applicant's completion of the
346 substance abuse education program described in Subsection (2)(a)(ii)[
347 performance is extended, due to an extenuating circumstance, by the division, after
348 consultation with the board;
349 (b) [
350 (i) certified transcripts from an accredited institution meeting standards established by
351 the division by rule in collaboration with the board verifying satisfactory completion of a
352 baccalaureate or graduate degree or a high school diploma or equivalent;
353 (ii) documentation of the applicant's completion of a substance abuse education
354 program; and
355 (iii) documentation of the applicant's completion of 4,000 hours of supervised
356 experience in substance abuse treatment:
357 (A) meeting standards established by the division in collaboration with the board; and
358 (B) performed within a four-year period after the applicant's completion of the
359 substance abuse education program described in Subsection (2)(b)(ii)[
360 performance is extended, due to an extenuating circumstance, by the division, after
361 consultation with the board;
362 (c) [
363 (i) certified transcripts from an accredited institution of higher education meeting
364 standards established by the division by rule in collaboration with the board verifying
365 satisfactory completion of a baccalaureate or graduate degree in behavioral or social sciences;
366 and
367
368 experience in substance abuse treatment:
369 (A) meeting standards established by the division in collaboration with the board; and
370 (B) performed within a four-year period[
371 (d) [
372 (i) certified transcripts from an accredited institution meeting standards established by
373 the division by rule in collaboration with the board verifying satisfactory completion of a
374 baccalaureate or graduate degree or a high school diploma or equivalent; and
375 (ii) documentation of the applicant's completion of 6,000 hours of supervised
376 experience in substance abuse treatment:
377 (A) meeting standards established by the division in collaboration with the board; and
378 (B) performed within a six-year period.
379 (3) An applicant for licensure as a certified substance abuse counselor shall [
380
381 (a) [
382 (i) certified transcripts from an accredited institution of higher education meeting
383 standards established by the division by rule in collaboration with the board verifying
384 satisfactory completion of a baccalaureate or graduate degree in behavioral or social sciences;
385 and
386 (ii) documentation of the applicant's completion of a substance abuse education
387 program[
388 (b) [
389 (i) certified transcripts from an accredited institution meeting standards established by
390 the division by rule in collaboration with the board verifying satisfactory completion of a
391 baccalaureate or graduate degree or a high school diploma or equivalent; and
392 (ii) documentation of the applicant's completion of a substance abuse education
393 program[
394 (c) [
395 from an accredited institution of higher education meeting standards established by the division
396 by rule in collaboration with the board verifying satisfactory completion of a baccalaureate or
397 graduate degree in behavioral or social sciences[
House Committee Amendments 2-12-2010 je/trv
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(d) [398
399 from an accredited institution meeting standards established by the division by rule in
400 collaboration with the board verifying satisfactory completion of a baccalaureate or graduate
401 degree or a high school diploma or equivalent.
402 (4) (a) An applicant for licensure as a certified substance abuse counselor intern shall
403 meet the requirements for licensure as a certified substance abuse counselor under Subsection
404 (3).
405 (b) A certified substance abuse counselor intern license expires at the earlier of:
406 (i) the licensee passing the examination required for licensure as a certified substance
407 abuse counselor; or
408 (ii) six months after the certified substance abuse counselor intern license is issued.
409 (5) (a) An applicant for licensure as a certified substance abuse counselor extern shall
410 meet the requirements of Subsection (2)(a)(iii) or (2)(b)(iii).
411 (b) A certified substance abuse counselor extern license is valid for two years from the
412 day on which it is issued or until January 1, 2010, whichever comes first.
413 (c) A certified substance abuse counselor extern whose license expires before the
414 licensee completes a substance abuse education program under Subsection (2)(a)(ii) or
415 (2)(b)(ii) may not practice under this part until the licensee meets the requirements of
416 Subsection (2) or (3).
416a H. Section 12. Section 58-60-508 is amended to read:
416b 58-60-508. Core functions of the mental health therapist supervisor.
416c (1) Each supervisor of licensed substance abuse counselors shall:
416d (a) be a licensed mental health therapist qualified by education and experience to treat
416e substance abuse;
416f (b) be currently working in the substance abuse treatment field;
416g (c) review substance abuse counselor assessment procedures;
416h (d) provide substance abuse diagnosis and other mental health diagnoses in accordance with
416i Subsection 58-60-102(7);
416j (e) participate in the development of a treatment plan;
416k (f) approve the treatment plan; and
416l (g) provide direct supervision for not more than five persons, unless granted an exception in
416m writing from the board and the division.
416n (2) Each supervisor of a certified substance abuse counselor, certified substance abuse
416o counselor intern, or certified substance abuse counselor extern shall:
416p (a) (i) be a licensed substance abuse counselor with :
416q (A) until July 1, 2011, at least one year of experience as a licensed substance abuse counselor;
416r or
416s (B) beginning on July 1, 2011, at least two years of experience as a licensed substance
416t abuse counselor; or
416u (ii) be a licensed mental health therapist qualified by education and experience to treat
416v substance abuse;
416w (b) be currently working in the substance abuse field; and
416x (c) provide direct supervision for no more than three persons, unless granted an exception in
416y writing from the board and the division. .H
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