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S.B. 90 Enrolled
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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;
26 . establishes a continuing education requirement for a social service worker;
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 . changes the classification of "certified professional counselor intern" to "associate
32 professional counselor";
33 . modifies license qualification requirements and supervision requirements under the
34 Substance Abuse Practice Act; and
35 . makes technical changes.
36 Monies Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 58-60-109, as last amended by Laws of Utah 2001, Chapter 281
43 58-60-115, as last amended by Laws of Utah 2009, Chapter 183
44 58-60-202, as enacted by Laws of Utah 1994, Chapter 32
45 58-60-203, as enacted by Laws of Utah 1994, Chapter 32
46 58-60-205, as last amended by Laws of Utah 2009, Chapter 183
47 58-60-206, as enacted by Laws of Utah 1994, Chapter 32
48 58-60-304, as last amended by Laws of Utah 2001, Chapter 281
49 58-60-305, as last amended by Laws of Utah 2009, Chapter 183
50 58-60-308, as last amended by Laws of Utah 2009, Chapter 183
51 58-60-404, as last amended by Laws of Utah 2001, Chapter 281
52 58-60-405, as last amended by Laws of Utah 2009, Chapter 183
53 58-60-407, as last amended by Laws of Utah 2009, Chapter 183
54 58-60-506, as last amended by Laws of Utah 2009, Chapter 183
55 58-60-508, as last amended by Laws of Utah 2007, Chapter 283
56 ENACTS:
57 58-60-115.2, Utah Code Annotated 1953
58 58-60-205.5, Utah Code Annotated 1953
59
60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 58-60-109 is amended to read:
62 58-60-109. Unlawful conduct.
63 As used in this chapter, "unlawful conduct" includes:
64 (1) practice of the following unless licensed in the appropriate classification or
65 exempted from licensure under this title:
66 (a) mental health therapy;
67 (b) clinical social work;
68 (c) certified social work;
69 (d) marriage and family therapy;
70 (e) professional counseling;
71 (f) practice as a social service worker; or
72 (g) licensed substance abuse counselor;
73 (2) practice of mental health therapy by a licensed psychologist who has not
74 acceptably documented to the division his completion of the supervised training in mental
75 health therapy required under Subsection 58-61-304 (1)(f); or
76 (3) representing oneself as or using the title of any of the following unless currently
77 licensed in a license classification under this title:
78 (a) psychiatrist;
79 (b) psychotherapist;
80 (c) registered psychiatric mental health nurse specialist;
81 (d) mental health therapist;
82 (e) clinical social worker;
83 (f) certified social worker;
84 (g) marriage and family therapist;
85 (h) professional counselor;
86 (i) clinical hypnotist;
87 (j) social service worker;
88 (k) licensed substance abuse counselor;
89 (l) [
90 (m) [
91 Section 2. Section 58-60-115 is amended to read:
92 58-60-115. License by endorsement.
93 The division shall issue a license by endorsement under this chapter to a person who:
94 (1) submits an application on a form provided by the division;
95 (2) pays a fee determined by the department under Section 63J-1-504 ;
96 (3) provides documentation of current licensure in good standing in any state, district,
97 or territory of the United States to practice in the profession [
98 sought;
99 [
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103 (4) except as provided in Subsection (5), provides documentation that the person has
104 engaged in the lawful practice of the profession for which licensure is sought for not less than
105 4,000 hours, of which 1,000 hours are in mental health therapy;
106 (5) if the person is applying for a license to practice as a licensed substance abuse
107 counselor, provides documentation that the person has:
108 (a) engaged in the lawful practice of the profession for not less than 4,000 hours; and
109 (b) has passed an examination approved by the division, by rule, to establish
110 proficiency in the profession;
111 [
112 new applicant; and
113 [
114 action pending or in effect against the applicant's license in any jurisdiction.
115 Section 3. Section 58-60-115.2 is enacted to read:
116 58-60-115.2. Pre-existing license by endorsement.
117 A person who, on May 11, 2010, has a valid license by endorsement under Section
118 58-60-115 that was granted before May 11, 2010, is considered to have met the requirements
119 of Subsection 58-60-115 (4) if the person provides documentation that the person has engaged
120 in:
121 (1) the lawful practice of the person's profession, including mental health therapy, for
122 not less than 4,000 hours during the three years immediately preceding the date of application
123 for licensure in Utah; or
124 (2) the lawful practice of the profession for which licensure is sought for not less than
125 4,000 hours, of which 1,000 hours are in mental health therapy.
126 Section 4. Section 58-60-202 is amended to read:
127 58-60-202. Definitions.
128 In addition to the definitions in Sections 58-1-102 and 58-60-102 , as used in this part:
129 (1) "Board" means the Social Worker Licensing Board created in Section 58-60-203 .
130 (2) (a) "Practice as a social service worker" means performance of general entry level
131 services under general supervision of a mental health therapist through the application of
132 social work theory, methods, and ethics in order to enhance the social or psychosocial
133 functioning of an individual, a couple, a family, a group, or a community, including:
134 (i) conducting:
135 (A) a non-clinical psychosocial assessment; or
136 (B) a home study;
137 (ii) collaborative planning and goal setting;
138 (iii) ongoing case management;
139 (iv) progress monitoring;
140 (v) supportive counseling;
141 (vi) information gathering;
142 (vii) making referrals; and
143 (viii) engaging in advocacy.
144 (b) "Practice as a social service worker" does not include:
145 (i) diagnosing or treating mental illness; or
146 (ii) providing psychotherapeutic services to an individual, couple, family, group, or
147 community.
148 [
149 (a) the practice of mental health therapy by observation, description, evaluation,
150 interpretation, intervention, and treatment to effect modification of behavior by the application
151 of generally recognized professional social work principles, methods, and procedures for the
152 purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, the
153 symptoms of any of these, or maladaptive behavior;
154 (b) the application of generally recognized psychotherapeutic and social work
155 principles and practices requiring the education, training, and clinical experience of a clinical
156 social worker; and
157 (c) supervision of the practice of a certified social worker or social service worker as
158 the supervision is required under this chapter and as further defined by division rule.
159 [
160 (a) the supervised practice of mental health therapy by a clinical social worker by
161 observation, description, evaluation, interpretation, intervention, and treatment to effect
162 modification of behavior by the application of generally recognized professional social work
163 principles, methods, and procedures for the purpose of preventing, treating, or eliminating
164 mental or emotional illness or dysfunctions, the symptoms of any of these, or maladaptive
165 behavior;
166 (b) the supervised or independent and unsupervised application of generally
167 recognized professional social work principles and practices requiring the education, training,
168 and experience of a certified social worker; and
169 (c) supervision of the practice of a social service worker as the supervision is required
170 under this chapter and as further defined by division rule.
171 [
172 [
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179 [
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181 (5) "Program accredited by the Council on Social Work Education" means a program
182 that:
183 (a) was accredited by the Council on Social Work Education on the day on which the
184 applicant for licensure satisfactorily completed the program; or
185 (b) was in candidacy for accreditation by the Council on Social Work Education on
186 the day on which the applicant for licensure satisfactorily completed the program.
187 [
188 individual licensed as a mental health therapist under this title in accordance with division
189 rules made in collaboration with the board.
190 Section 5. Section 58-60-203 is amended to read:
191 58-60-203. Board.
192 (1) There is created the Social Worker Licensing Board consisting of [
193 certified social [
194 workers, and one member from the general public.
195 (2) The board shall be appointed, serve terms, and be compensated in accordance with
196 Section 58-1-201 .
197 (3) The duties and responsibilities of the board are under Sections 58-1-202 and
198 58-1-203 . In addition, the board shall:
199 (a) designate one of its members on a permanent or rotating basis to assist the division
200 in review of complaints concerning unlawful or unprofessional practice by a licensee in any
201 profession regulated by the board and to advise the division regarding the conduct of
202 investigations of the complaints; and
203 (b) disqualify any member from acting as presiding officer in any administrative
204 procedure in which that member has previously reviewed the complaint or advised the
205 division.
206 Section 6. Section 58-60-205 is amended to read:
207 58-60-205. Qualifications for licensure or certification as a clinical social
208 worker, certified social worker, and social service worker.
209 (1) An applicant for licensure as a clinical social 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 ;
212 (c) be of good moral character;
213 (d) produce certified transcripts from an accredited institution of higher education
214 recognized by the division in collaboration with the board verifying satisfactory completion of
215 an education and earned degree as follows:
216 (i) an earned master's degree in social work resulting from completion of an education
217 program accredited by the Council on Social Work Education; or
218 (ii) an earned doctoral degree in social work that results from successful completion of
219 a clinical concentration and practicum approved by the division and defined by rule under
220 Section 58-1-203 ;
221 (e) have completed a minimum of 4,000 hours of clinical social work training as
222 defined by division rule under Section 58-1-203 in not less than two years and under the
223 supervision of a clinical social worker supervisor approved by the division in collaboration
224 with the board;
225 (f) document successful completion of not less than 1,000 hours of supervised training
226 in mental health therapy obtained after completion of the education requirement in Subsection
227 (1)(d), which training may be included as part of the 4,000 hours of training in Subsection
228 (1)(e), and of which documented evidence demonstrates not less than 100 of the hours were
229 obtained under the direct personal face to face supervision of a clinical social worker approved
230 by the division in collaboration with the board;
231 (g) have completed a case work, group work, or family treatment course sequence with
232 a clinical practicum in content as defined by rule under Section 58-1-203 ; and
233 (h) pass the examination requirement established by rule under Section 58-1-203 .
234 (2) An applicant for licensure as a certified social worker shall:
235 (a) submit an application on a form provided by the division;
236 (b) pay a fee determined by the department under Section 63J-1-504 ;
237 (c) be of good moral character;
238 (d) produce certified transcripts from an accredited institution of higher education
239 recognized by the division in collaboration with the Social Worker Licensing Board verifying
240 satisfactory completion of an education and an earned degree as follows:
241 (i) a social work education program accredited by the Council on Social Work
242 Education and an earned master's degree resulting from completion of that program; or
243 (ii) an education program that contains approved clinical social work concentration
244 and practicum in content as defined by rule under Section 58-1-203 and an earned doctorate
245 resulting from completion of that program; and
246 (e) pass the examination requirement established by rule under Section 58-1-203 .
247 (3) (a) An applicant for certification as a certified social worker intern shall meet the
248 requirements of Subsections (2)(a), (b), (c), and (d).
249 (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
250 examination required under Subsection (2)(e) or six months, whichever occurs first.
251 (c) A certified social worker intern may provide mental health therapy under the
252 general supervision of a clinical social worker.
253 (4) An applicant for licensure as a social service worker shall:
254 (a) submit an application on a form provided by the division;
255 (b) pay a fee determined by the department under Section 63J-1-504 ;
256 (c) be of good moral character;
257 (d) produce certified transcripts from an accredited institution of higher education
258 recognized by the division in collaboration with the Social Worker Licensing Board verifying
259 satisfactory completion of an earned degree resulting from education as follows:
260 (i) a bachelor's degree in a social work program accredited by the Council on Social
261 Work Education;
262 (ii) a master's degree in a field approved by the division in collaboration with the
263 social worker board;
264 [
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273 (iii) a bachelor's degree in any field if the applicant:
274 (A) except as provided in Subsection 58-60-205.2 (2), has completed at least three
275 semester hours, or the equivalent, in each of the following areas:
276 (I) social welfare policy;
277 (II) human growth and development; and
278 (III) social work practice methods, as defined by rule; and
279 [
280 [
281 2,000 hours of qualifying experience under the supervision of a [
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283 collaboration with the Social Worker Licensing Board, and which is performed after
284 completion of the requirements to obtain the bachelor's degree required under this Subsection
285 (4); or
286 [
287 Education approved master's of social work curriculum and practicum; and
288 (e) pass the examination requirement established by rule under Section 58-1-203 .
289 Section 7. Section 58-60-205.5 is enacted to read:
290 58-60-205.5. Continuing education.
291 As a condition for renewal of a license under this part, a social service worker licensee
292 shall, during each two-year licensure cycle, complete qualified continuing professional
293 education, as defined by rule made in accordance with Title 63G, Chapter 3, Utah
294 Administrative Rulemaking Act.
295 Section 8. Section 58-60-206 is amended to read:
296 58-60-206. Qualifications for admission to examination.
297 All applicants for admission to any examination qualifying an individual for licensure
298 under this part shall, before taking the examination:
299 (1) submit an application for examination and licensure on a form provided by the
300 division;
301 (2) pay the fee established for the examination; and
302 (3) certify under penalty of perjury as evidenced by notarized signature on the
303 application for [
304 (a) has completed the education requirement and been awarded the earned degree
305 required for licensure[
306 (b) has only one semester, or the equivalent, remaining before the applicant completes
307 the education requirement for earning the degree that is required for licensure.
308 Section 9. Section 58-60-304 is amended to read:
309 58-60-304. License classifications.
310 The division shall issue licenses to individuals qualified under this part in the
311 classification of:
312 (1) marriage and family therapist; or
313 (2) [
314 Section 10. Section 58-60-305 is amended to read:
315 58-60-305. Qualifications for licensure.
316 (1) All applicants for licensure as marriage and family therapists shall:
317 (a) submit an application on a form provided by the division;
318 (b) pay a fee determined by the department under Section 63J-1-504 ;
319 (c) be of good moral character;
320 (d) produce certified transcripts evidencing completion of a masters or doctorate
321 degree in marriage and family therapy from:
322 (i) a program accredited by the Commission on Accreditation for Marriage and Family
323 Therapy Education; or
324 (ii) an accredited institution meeting criteria for approval established by rule under
325 Section 58-1-203 ;
326 (e) have completed a minimum of 4,000 hours of marriage and family therapy training
327 as defined by division rule under Section 58-1-203 , in not less than two years, under the
328 supervision of a marriage and family therapist supervisor who meets the requirements of
329 Section 58-60-307 , and obtained after completion of the education requirement in Subsection
330 (1)(d);
331 (f) document successful completion of not less than 1,000 hours of supervised training
332 in mental health therapy obtained after completion of the education requirement described in
333 Subsection (1)(d)(i) or (1)(d)(ii), which training may be included as part of the 4,000 hours of
334 training described in Subsection (1)(e), and of which documented evidence demonstrates not
335 less than 100 of the supervised hours were obtained during direct, personal, face-to-face
336 supervision by a marriage and family therapist supervisor qualified under Section 58-60-307 ;
337 and
338 (g) pass the examination requirement established by division rule under Section
339 58-1-203 .
340 (2) (a) All applicants for [
341 family therapist [
342 (d).
343 (b) An individual's [
344 therapist [
345 described in Subsections (1)(e) and (f) and extends not more than one year from the date the
346 minimum requirement for training is completed, unless the individual presents satisfactory
347 evidence to the division and the appropriate board that the individual is making reasonable
348 progress toward passing of the qualifying examination for that profession or is otherwise on a
349 course reasonably expected to lead to licensure, but the period of time under this Subsection
350 (2)(b) may not exceed two years past the date the minimum supervised clinical training
351 requirement has been completed.
352 Section 11. Section 58-60-308 is amended to read:
353 58-60-308. Scope of practice -- Limitations.
354 (1) A licensed marriage and family therapist may engage in all acts and practices
355 defined as the practice of marriage and family therapy without supervision, in private and
356 independent practice, or as an employee of another person, limited only by the licensee's
357 education, training, and competence.
358 (2) (a) To the extent an individual has completed the educational requirements of
359 Subsection 58-60-305 (1)(d), a [
360 [
361 therapy if the practice is:
362 (i) within the scope of employment as [
363 family therapist [
364 and
365 (ii) under the supervision of a licensed marriage and family therapist who is qualified
366 as a supervisor under Section 58-60-307 .
367 (b) A [
368 not engage in the independent practice of marriage and family therapy.
369 Section 12. Section 58-60-404 is amended to read:
370 58-60-404. License classifications.
371 The division shall issue licenses to individuals qualified under the provisions of this
372 part in the classification of:
373 (1) a professional counselor; or
374 (2) [
375 Section 13. Section 58-60-405 is amended to read:
376 58-60-405. Qualifications for licensure.
377 (1) All applicants for licensure as a professional counselor shall:
378 (a) submit an application on a form provided by the division;
379 (b) pay a fee determined by the department under Section 63J-1-504 ;
380 (c) be of good moral character;
381 (d) produce certified transcripts from an accredited institution of higher education
382 recognized by the division in collaboration with the board verifying satisfactory completion of:
383 (i) an education and degree in an education program in counseling with a core
384 curriculum defined by division rule under Section 58-1-203 preparing one to competently
385 engage in mental health therapy; and
386 (ii) an earned doctoral or master's degree resulting from that education program;
387 (e) have completed a minimum of 4,000 hours of professional counselor training as
388 defined by division rule under Section 58-1-203 , in not less than two years, under the
389 supervision of a professional counselor, psychiatrist, psychologist, clinical social worker,
390 registered psychiatric mental health nurse specialist, or marriage and family therapist
391 supervisor approved by the division in collaboration with the board, and obtained after
392 completion of the education requirement in Subsection (1)(d);
393 (f) document successful completion of not less than 1,000 hours of supervised training
394 in mental health therapy obtained after completion of the education requirement in Subsection
395 (1)(d), which training may be included as part of the 4,000 hours of training in Subsection
396 (1)(e), and of which documented evidence demonstrates not less than 100 of the hours were
397 obtained under the direct personal face to face supervision of a mental health therapist
398 approved by the division in collaboration with the board; and
399 (g) pass the examination requirement established by division rule under Section
400 58-1-203 .
401 (2) (a) All applicants for [
402 counselor [
403 (b) An individual's [
404 [
405 Subsections (1)(e) and (f) and extends not more than one year from the date the minimum
406 requirement for training is completed, unless the individual presents satisfactory evidence to
407 the division and the appropriate board that the individual is making reasonable progress
408 toward passing of the qualifying examination for that profession or is otherwise on a course
409 reasonably expected to lead to licensure, but the period of time under this Subsection (2)(b)
410 may not exceed two years past the date the minimum supervised clinical training requirement
411 has been completed.
412 Section 14. Section 58-60-407 is amended to read:
413 58-60-407. Scope of practice -- Limitations.
414 (1) A licensed professional counselor may engage in all acts and practices defined as
415 the practice of professional counseling without supervision, in private and independent
416 practice, or as an employee of another person, limited only by the licensee's education,
417 training, and competence.
418 (2) (a) To the extent an individual has completed the educational requirements of
419 Subsection 58-60-305 (1)(d), a [
420 professional counselor may engage in all acts and practices defined as the practice of
421 professional counseling if the practice is:
422 (i) within the scope of employment as a [
423 with a public agency or private clinic as defined by division rule; and
424 (ii) under supervision of a qualified licensed mental health therapist as defined in
425 Subsection 58-60-102 (5).
426 (b) A [
427 the independent practice of professional counseling.
428 Section 15. Section 58-60-506 is amended to read:
429 58-60-506. Qualifications for licensure on and after July 1, 2007.
430 (1) An applicant for licensure under this part on and after July 1, 2007, must meet the
431 following qualifications:
432 (a) submit an application in a form prescribed by the division;
433 (b) pay a fee determined by the department under Section 63J-1-504 ;
434 (c) be of good moral character;
435 (d) satisfy the requirements of Subsection (2), (3), (4), or (5) respectively; and
436 (e) except for licensure as a certified substance abuse counselor intern, satisfy the
437 examination requirement established by rule under Section 58-1-203 .
438 (2) An applicant for licensure as a licensed substance abuse counselor shall [
439
440 (a) [
441 (i) certified transcripts from an accredited institution of higher education meeting
442 standards established by the division by rule in collaboration with the board verifying
443 satisfactory completion of a baccalaureate or graduate degree in behavioral or social sciences;
444 (ii) documentation of the applicant's completion of a substance abuse education
445 program; and
446 (iii) documentation of the applicant's completion of 2,000 hours of supervised
447 experience in substance abuse treatment:
448 (A) meeting standards established by the division in collaboration with the board; and
449 (B) performed within a two-year period after the applicant's completion of the
450 substance abuse education program described in Subsection (2)(a)(ii)[
451 performance is extended, due to an extenuating circumstance, by the division, after
452 consultation with the board;
453 (b) [
454 (i) certified transcripts from an accredited institution meeting standards established by
455 the division by rule in collaboration with the board verifying satisfactory completion of a
456 baccalaureate or graduate degree or a high school diploma or equivalent;
457 (ii) documentation of the applicant's completion of a substance abuse education
458 program; and
459 (iii) documentation of the applicant's completion of 4,000 hours of supervised
460 experience in substance abuse treatment:
461 (A) meeting standards established by the division in collaboration with the board; and
462 (B) performed within a four-year period after the applicant's completion of the
463 substance abuse education program described in Subsection (2)(b)(ii)[
464 performance is extended, due to an extenuating circumstance, by the division, after
465 consultation with the board;
466 (c) [
467 (i) certified transcripts from an accredited institution of higher education meeting
468 standards established by the division by rule in collaboration with the board verifying
469 satisfactory completion of a baccalaureate or graduate degree in behavioral or social sciences;
470 and
471 (ii) documentation of the applicant's completion of 4,000 hours of supervised
472 experience in substance abuse treatment:
473 (A) meeting standards established by the division in collaboration with the board; and
474 (B) performed within a four-year period[
475 (d) [
476 (i) certified transcripts from an accredited institution meeting standards established by
477 the division by rule in collaboration with the board verifying satisfactory completion of a
478 baccalaureate or graduate degree or a high school diploma or equivalent; and
479 (ii) documentation of the applicant's completion of 6,000 hours of supervised
480 experience in substance abuse treatment:
481 (A) meeting standards established by the division in collaboration with the board; and
482 (B) performed within a six-year period.
483 (3) An applicant for licensure as a certified substance abuse counselor shall [
484
485 (a) [
486 (i) certified transcripts from an accredited institution of higher education meeting
487 standards established by the division by rule in collaboration with the board verifying
488 satisfactory completion of a baccalaureate or graduate degree in behavioral or social sciences;
489 and
490 (ii) documentation of the applicant's completion of a substance abuse education
491 program[
492 (b) [
493 (i) certified transcripts from an accredited institution meeting standards established by
494 the division by rule in collaboration with the board verifying satisfactory completion of a
495 baccalaureate or graduate degree or a high school diploma or equivalent; and
496 (ii) documentation of the applicant's completion of a substance abuse education
497 program[
498 (c) [
499 from an accredited institution of higher education meeting standards established by the
500 division by rule in collaboration with the board verifying satisfactory completion of a
501 baccalaureate or graduate degree in behavioral or social sciences[
502 (d) [
503 from an accredited institution meeting standards established by the division by rule in
504 collaboration with the board verifying satisfactory completion of a baccalaureate or graduate
505 degree or a high school diploma or equivalent.
506 (4) (a) An applicant for licensure as a certified substance abuse counselor intern shall
507 meet the requirements for licensure as a certified substance abuse counselor under Subsection
508 (3).
509 (b) A certified substance abuse counselor intern license expires at the earlier of:
510 (i) the licensee passing the examination required for licensure as a certified substance
511 abuse counselor; or
512 (ii) six months after the certified substance abuse counselor intern license is issued.
513 (5) (a) An applicant for licensure as a certified substance abuse counselor extern shall
514 meet the requirements of Subsection (2)(a)(iii) or (2)(b)(iii).
515 (b) A certified substance abuse counselor extern license is valid for two years from the
516 day on which it is issued or until January 1, 2010, whichever comes first.
517 (c) A certified substance abuse counselor extern whose license expires before the
518 licensee completes a substance abuse education program under Subsection (2)(a)(ii) or
519 (2)(b)(ii) may not practice under this part until the licensee meets the requirements of
520 Subsection (2) or (3).
521 Section 16. Section 58-60-508 is amended to read:
522 58-60-508. Core functions of the mental health therapist supervisor.
523 (1) Each supervisor of licensed substance abuse counselors shall:
524 (a) be a licensed mental health therapist qualified by education and experience to treat
525 substance abuse;
526 (b) be currently working in the substance abuse treatment field;
527 (c) review substance abuse counselor assessment procedures;
528 (d) provide substance abuse diagnosis and other mental health diagnoses in
529 accordance with Subsection 58-60-102 (7);
530 (e) participate in the development of a treatment plan;
531 (f) approve the treatment plan; and
532 (g) provide direct supervision for not more than five persons, unless granted an
533 exception in writing from the board and the division.
534 (2) Each supervisor of a certified substance abuse counselor, certified substance abuse
535 counselor intern, or certified substance abuse counselor extern shall:
536 (a) (i) be a licensed substance abuse counselor with:
537 (A) until July 1, 2011, at least one year of experience as a licensed substance abuse
538 counselor; or
539 (B) beginning on July 1, 2011, at least two years of experience as a licensed substance
540 abuse counselor; or
541 (ii) be a licensed mental health therapist qualified by education and experience to treat
542 substance abuse;
543 (b) be currently working in the substance abuse field; and
544 (c) provide direct supervision for no more than three persons, unless granted an
545 exception in writing from the board and the division.
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