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7 LONG TITLE
8 General Description:
9 This bill modifies the Mental Health Professional Practice Act by amending licensing
10 provisions in the Substance Abuse Counselor Act and the Professional Counselor
11 Licensing Act.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . changes the name of the Professional Counselor Licensing Act to the Clinical
16 Mental Health Counselor Licensing Act and changes counselor names from
17 professional counselor to clinical mental health counselor;
18 . replaces the term "substance abuse" with "substance use disorder" throughout the
19 Mental Health Professional Practice Act;
20 . changes the name of the Substance Abuse Counselor Act to the Substance Use
21 Disorder Counselor Act;
22 . amends the definition of a mental health therapist to include a certified psychology
23 resident, an associate marriage and family therapist, and an associate clinical mental
24 health counselor;
25 . amends the class of licenses and adjusts qualifications for a substance use disorder
27 . provides for the transition to the new substance use disorder counselor license
29 . requires the Division of Substance Abuse and Mental Health to make rules
30 establishing a peer support services program for substance use disorder services;
32 . makes technical changes.
33 Money Appropriated in this Bill:
35 Other Special Clauses:
36 This bill takes effect on July 1, 2012.
37 Utah Code Sections Affected:
39 58-60-102, as last amended by Laws of Utah 1999, Chapter 81
40 58-60-103, as last amended by Laws of Utah 2001, Chapter 281
41 58-60-107, as last amended by Laws of Utah 2001, Chapter 281
42 58-60-109, as last amended by Laws of Utah 2010, Chapter 214
43 58-60-115, as last amended by Laws of Utah 2010, Chapter 214
44 58-60-117, as last amended by Laws of Utah 2009, Chapter 183
45 58-60-401, as enacted by Laws of Utah 1994, Chapter 32
46 58-60-402, as enacted by Laws of Utah 1994, Chapter 32
47 58-60-403, as enacted by Laws of Utah 1994, Chapter 32
48 58-60-404, as last amended by Laws of Utah 2010, Chapter 214
49 58-60-405, as last amended by Laws of Utah 2010, Chapter 214
50 58-60-407, as last amended by Laws of Utah 2010, Chapter 214
51 58-60-501, as enacted by Laws of Utah 1996, Chapter 184
52 58-60-502, as last amended by Laws of Utah 2007, Chapter 283
53 58-60-503, as last amended by Laws of Utah 2007, Chapter 283
54 58-60-504, as last amended by Laws of Utah 2007, Chapter 283
55 58-60-506, as last amended by Laws of Utah 2010, Chapter 214
56 58-60-508, as last amended by Laws of Utah 2010, Chapter 214
57 58-60-511, as enacted by Laws of Utah 2007, Chapter 283
58 78B-3-501, as renumbered and amended by Laws of Utah 2008, Chapter 3
60 62A-15-402, Utah Code Annotated 1953
62 Be it enacted by the Legislature of the state of Utah:
63 Section 1. Section 58-60-102 is amended to read:
64 58-60-102. Definitions.
65 In addition to the definitions in Section 58-1-102 , as used in this chapter:
66 (1) "Client" or "patient" means an individual who consults or is examined or
67 interviewed by [
68 acting in [
69 (2) "Confidential communication" means information obtained by an individual
70 licensed under this chapter, including information obtained by the [
71 individual's examination of the client or patient, which is:
72 (a) (i) transmitted between the client or patient and [
73 individual licensed under this chapter in the course of that relationship; or
74 (ii) transmitted among the client or patient, [
75 licensed under this chapter, and individuals who are participating in the diagnosis or treatment
76 under the direction of [
77 including members of the client's or patient's family; and
78 (b) made in confidence, for the diagnosis or treatment of the client or patient by the
80 be disclosed to third persons other than those individuals:
81 (i) present to further the interest of the client or patient in the consultation,
82 examination, or interview;
83 (ii) reasonably necessary for the transmission of the communications; or
84 (iii) participating in the diagnosis and treatment of the client or patient under the
85 direction of the mental health therapist.
86 (3) "Hypnosis" means, [
87 licensure under this chapter, a process by which [
88 individual into a hypnotic state without the use of drugs or other substances and for the purpose
89 of increasing motivation or to assist the individual to alter lifestyles or habits.
90 (4) "Individual" means a natural person.
91 (5) "Mental health therapist" means an individual licensed under this title as:
92 (a) a physician and surgeon, or osteopathic physician engaged in the practice of mental
93 health therapy;
94 (b) an advanced practice registered nurse, specializing in psychiatric mental health
96 (c) a psychologist qualified to engage in the practice of mental health therapy;
97 (d) a certified psychology resident qualifying to engage in the practice of mental health
102 (h) an associate marriage and family therapist;
104 (j) an associate clinical mental health counselor.
105 (6) "Mental illness" means a mental or emotional condition defined in an approved
106 diagnostic and statistical manual for mental disorders generally recognized in the professions of
107 mental health therapy listed under Subsection (5).
108 (7) "Practice of mental health therapy" means treatment or prevention of mental illness,
110 (a) conducting a professional evaluation of an individual's condition of mental health,
111 mental illness, or emotional disorder consistent with standards generally recognized in the
112 professions of mental health therapy listed under Subsection (5);
113 (b) establishing a diagnosis in accordance with established written standards generally
114 recognized in the professions of mental health therapy listed under Subsection (5);
115 (c) prescribing a plan for the prevention or treatment of a condition of mental illness or
116 emotional disorder; and
117 (d) engaging in the conduct of professional intervention, including psychotherapy by
118 the application of established methods and procedures generally recognized in the professions
119 of mental health therapy listed under Subsection (5).
120 (8) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-60-109 .
121 (9) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-60-110 , and
122 may be further defined by division rule.
123 Section 2. Section 58-60-103 is amended to read:
124 58-60-103. Licensure required.
125 (1) An individual shall be licensed under this chapter; Chapter 67, Utah Medical
126 Practice Act[
127 Practice Act; Chapter 61, Psychologist Licensing Act; or exempted from licensure under this
128 chapter in order to:
129 (a) engage in, or represent [
130 health therapy, clinical social work, certified social work, marriage and family therapy, or
132 (b) practice as, or represent [
133 clinical social worker, certified social worker, marriage and family therapist, [
134 clinical mental health counselor, psychiatrist, psychologist, [
135 health nurse specialist, certified psychology resident, associate marriage and family therapist,
136 or associate clinical mental health counselor.
137 (2) An individual shall be licensed under this chapter or exempted from licensure under
138 this chapter in order to:
139 (a) engage in, or represent that [
140 service worker; or
141 (b) represent [
143 (3) An individual shall be licensed under this chapter or exempted from licensure under
144 this chapter in order to:
145 (a) engage in, or represent that [
146 substance [
147 (b) represent [
148 substance [
149 (4) Notwithstanding the provisions of Subsection 58-1-307 (1)(c), an individual shall be
150 certified under this chapter, or otherwise exempted from licensure under this chapter, in order
151 to engage in an internship or residency program of supervised clinical training necessary to
152 meet the requirements for licensure as:
153 (a) a marriage and family therapist under Part 3, Marriage and Family Therapist
154 Licensing Act; or
155 (b) a [
156 Counselor Licensing Act.
157 Section 3. Section 58-60-107 is amended to read:
158 58-60-107. Exemptions from licensure.
159 (1) Except as modified in Section 58-60-103 , the exemptions from licensure in Section
160 58-1-307 apply to this chapter.
161 (2) (a) In addition to the exemptions from licensure in Section 58-1-307 , the following
162 may engage in acts included within the definition of practice as a mental health therapist,
163 subject to the stated circumstances and limitations, without being licensed under this chapter:
164 (b) the following when practicing within the scope of the license held:
165 (i) a physician and surgeon or osteopathic physician and surgeon licensed under
166 Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
167 (ii) an advanced practice registered nurse, specializing in psychiatric mental health
168 nursing, licensed under Chapter 31b, Nurse Practice Act; and
169 (iii) a psychologist licensed under Chapter 61, Psychologist Licensing Act;
170 (3) a recognized member of the clergy while functioning in [
171 as long as [
172 clergy is, or use the title of, a license classification in Subsection 58-60-102 (5);
173 (4) an individual who is offering expert testimony in [
174 administrative hearing, deposition upon the order of [
175 to order the deposition, or [
176 alternative dispute resolution provider;
177 (5) an individual engaged in performing hypnosis who is not licensed under this title in
178 a profession which includes hypnosis in its scope of practice, and who:
179 (a) (i) induces a hypnotic state in a client for the purpose of increasing motivation or
180 altering lifestyles or habits, such as eating or smoking, through hypnosis;
181 (ii) consults with a client to determine current motivation and behavior patterns;
182 (iii) prepares the client to enter hypnotic states by explaining how hypnosis works and
183 what the client will experience;
184 (iv) tests clients to determine degrees of suggestibility;
185 (v) applies hypnotic techniques based on interpretation of consultation results and
186 analysis of client's motivation and behavior patterns; and
187 (vi) trains clients in self-hypnosis conditioning;
188 (b) may not:
189 (i) engage in the practice of mental health therapy;
190 (ii) [
191 58-60-102 (5); or
192 (iii) use hypnosis with or treat a medical, psychological, or dental condition defined in
193 generally recognized diagnostic and statistical manuals of medical, psychological, or dental
195 (6) an individual's exemption from licensure under Subsection 58-1-307 (1)(b)
196 terminates when the student's training is no longer supervised by qualified faculty or staff and
197 the activities are no longer a defined part of the degree program;
198 (7) an individual holding an earned doctoral degree or master's degree in social work,
199 marriage and family therapy, or [
200 employed by an accredited institution of higher education and who conducts research and
201 teaches in that individual's professional field, but only if the individual does not engage in
202 providing or supervising professional services regulated under this chapter to individuals or
203 groups regardless of whether there is compensation for the services;
204 (8) an individual in an on-the-job training program approved by the division while
205 under the supervision of qualified persons;
206 (9) an individual providing general education in the subjects of alcohol [
207 or [
208 (10) an individual providing advice or counsel to another individual in a setting of their
209 association as friends or relatives and in a nonprofessional and noncommercial relationship, if
210 there is no compensation paid for the advice or counsel.
211 Section 4. Section 58-60-109 is amended to read:
212 58-60-109. Unlawful conduct.
213 As used in this chapter, "unlawful conduct" includes:
214 (1) practice of the following unless licensed in the appropriate classification or
215 exempted from licensure under this title:
216 (a) mental health therapy;
217 (b) clinical social work;
218 (c) certified social work;
219 (d) marriage and family therapy;
220 (e) [
221 (f) practice as a social service worker; or
222 (g) [
223 (2) practice of mental health therapy by a licensed psychologist who has not acceptably
224 documented to the division [
225 training in mental health therapy required under Subsection 58-61-304 (1)(f); or
226 (3) representing oneself as, or using the title of [
227 licensed in a license classification under this title:
228 (a) psychiatrist;
229 (b) psychotherapist;
230 (c) registered psychiatric mental health nurse specialist;
231 (d) mental health therapist;
232 (e) clinical social worker;
233 (f) certified social worker;
234 (g) marriage and family therapist;
235 (h) [
236 (i) clinical hypnotist;
237 (j) social service worker;
238 (k) [
239 (l) associate [
240 (m) associate marriage and family therapist.
241 Section 5. Section 58-60-115 is amended to read:
242 58-60-115. License by endorsement.
243 The division shall issue a license by endorsement under this chapter to a person who:
244 (1) submits an application on a form provided by the division;
245 (2) pays a fee determined by the department under Section 63J-1-504 ;
246 (3) provides documentation of current licensure in good standing in [
247 district, or territory of the United States to practice in the profession for which licensure is
248 being sought;
249 (4) except as provided in Subsection (5), provides documentation that the person has
250 engaged in the lawful practice of the profession for which licensure is sought for [
251 at least 4,000 hours, of which 1,000 hours are in mental health therapy;
252 (5) if [
253 use disorder counselor, provides documentation that the person [
254 (a) has engaged in the lawful practice of the profession for [
255 hours; and
256 (b) has passed an examination approved by the division, by rule, to establish
257 proficiency in the profession;
258 (6) has passed the profession specific jurisprudence examination if required of a new
259 applicant; and
260 (7) is of good moral character and professional standing, and has no disciplinary action
261 pending or in effect against the applicant's license in any jurisdiction.
262 Section 6. Section 58-60-117 is amended to read:
263 58-60-117. Externship licenses.
264 (1) The division shall issue a temporary license under Part 2, Social Worker Licensing
265 Act, Part 3, Marriage and Family Therapist Licensing Act, or Part 4, [
266 Mental Health Counselor Licensing Act, of this chapter to a person who:
267 (a) submits an application for licensure under Part 2, Social Worker Licensing Act,
268 Part 3, Marriage and Family Therapist Licensing Act, or Part 4, [
269 Health Counselor Licensing Act;
270 (b) pays a fee determined by the department under Section 63J-1-504 ;
271 (c) holds an earned doctoral degree or master's degree in a discipline that is a
272 prerequisite for practice as a mental health therapist;
273 (d) has one or more deficiencies in course work, experience, or training;
274 (e) provides mental health therapy as an employee of a public or private organization,
275 which provides mental health therapy, while under the supervision of a person licensed under
276 this chapter; and
277 (f) is of good moral character and has no disciplinary action pending or in effect
278 against the applicant in connection with the practice of mental health therapy, in any
280 (2) A temporary license issued under this section shall expire upon the earlier of:
281 (a) issuance of the license applied for; or
282 (b) three years from the date the temporary license was issued.
283 (3) The temporary license issued under this section is an externship license.
284 Section 7. Section 58-60-401 is amended to read:
286 58-60-401. Title.
287 This part is known as the [
289 Section 8. Section 58-60-402 is amended to read:
290 58-60-402. Definitions.
291 In addition to the definitions in Sections 58-1-102 and 58-60-102 , as used in this part:
292 (1) "Board" means the [
293 Board created in Section 58-60-403 .
294 (2) "Practice of [
295 mental health therapy by means of observation, description, evaluation, interpretation,
296 intervention, and treatment to effect modification of human behavior by the application of
297 generally recognized [
298 procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or
299 dysfunction, symptoms of any of these, or maladaptive behavior.
300 Section 9. Section 58-60-403 is amended to read:
301 58-60-403. Board.
302 (1) There is created the [
303 Board consisting of four [
304 the general public.
305 (2) The board shall be appointed, serve terms, and be compensated in accordance with
306 Section 58-1-201 .
307 (3) The duties and responsibilities of the board are in accordance with Sections
308 58-1-202 and 58-1-203 . In addition, the board shall:
309 (a) designate one of its members on a permanent or rotating basis to assist the division
310 in review of complaints concerning unlawful or unprofessional practice by a licensee in the
311 profession regulated by the board and to advise the division with respect to the conduct of
312 investigations of the complaints; and
313 (b) disqualify any member from acting as presiding officer in any administrative
314 procedure in which that member has previously reviewed the complaint or advised the division.
315 Section 10. Section 58-60-404 is amended to read:
316 58-60-404. License classifications.
317 The division shall issue licenses to individuals qualified under the provisions of this
318 part in the classification of:
319 (1) a [
320 (2) an associate [
321 Section 11. Section 58-60-405 is amended to read:
322 58-60-405. Qualifications for licensure.
323 (1) [
324 counselor shall:
325 (a) submit an application on a form provided by the division;
326 (b) pay a fee determined by the department under Section 63J-1-504 ;
327 (c) be of good moral character;
328 (d) produce certified transcripts from an accredited institution of higher education
329 recognized by the division in collaboration with the board verifying satisfactory completion of:
330 (i) an education and degree in an education program in counseling with a core
331 curriculum defined by division rule under Section 58-1-203 preparing one to competently
332 engage in mental health therapy; and
333 (ii) an earned doctoral or master's degree resulting from that education program;
334 (e) have completed a minimum of 4,000 hours of [
335 counselor training as defined by division rule under Section 58-1-203 , in not less than two
336 years, under the supervision of a [
337 psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
338 marriage and family therapist supervisor approved by the division in collaboration with the
339 board, and obtained after completion of the education requirement in Subsection (1)(d);
340 (f) document successful completion of not less than 1,000 hours of supervised training
341 in mental health therapy obtained after completion of the education requirement in Subsection
342 (1)(d), which training may be included as part of the 4,000 hours of training in Subsection
343 (1)(e), and of which documented evidence demonstrates not less than 100 of the hours were
344 obtained under the direct personal face to face supervision of a mental health therapist
345 approved by the division in collaboration with the board; and
346 (g) pass the examination requirement established by division rule under Section
347 58-1-203 .
348 (2) (a) [
349 mental health counselor shall comply with the provisions of Subsections (1)(a), (b), (c), and
351 (b) [
352 associate [
353 necessary to complete clinical training as described in Subsections (1)(e) and (f) and extends
354 not more than one year from the date the minimum requirement for training is completed[
356 (c) The time period under Subsection (2)(b) may be extended to a maximum of two
357 years past the date the minimum supervised clinical training requirement has been completed,
358 if the applicant presents satisfactory evidence to the division and the appropriate board that the
359 individual is:
360 (i) making reasonable progress toward passing of the qualifying examination for that
361 profession; or [
362 (ii) otherwise on a course reasonably expected to lead to licensure[
365 Section 12. Section 58-60-407 is amended to read:
366 58-60-407. Scope of practice -- Limitations.
367 (1) A licensed [
368 and practices defined as the practice of [
369 supervision, in private and independent practice, or as an employee of another person, limited
370 only by the licensee's education, training, and competence.
371 (2) (a) To the extent an individual has completed the educational requirements of
372 Subsection 58-60-305 (1)(d), a licensed associate [
373 may engage in all acts and practices defined as the practice of [
374 health counseling if the practice is:
375 (i) within the scope of employment as a licensed [
376 counselor with a public agency or private clinic as defined by division rule; and
377 (ii) under supervision of a qualified licensed mental health therapist as defined in
379 (b) A licensed associate [
380 in the independent practice of [
381 Section 13. Section 58-60-501 is amended to read:
383 58-60-501. Title.
384 This part is known as the "Substance [
385 Section 14. Section 58-60-502 is amended to read:
386 58-60-502. Definitions.
387 In addition to the definitions in Sections 58-1-102 and 58-60-102 , as used in this part:
396 Board created in Section 58-60-503 .
397 (2) (a) "Counseling" means a collaborative process that facilitates the client's progress
398 toward mutually determined treatment goals and objectives.
399 (b) "Counseling" includes:
400 (i) methods that are sensitive to an individual client's characteristics, to the influence of
401 significant others, and to the client's cultural and social context; and
402 (ii) an understanding, appreciation, and ability to appropriately use the contributions of
403 various addiction counseling models as the counseling models apply to modalities of care for
404 individuals, groups, families, couples, and significant others.
405 (3) "Direct supervision" means:
406 (a) [
408 client care provided by the substance use disorder counselor, which supervision may include
409 group supervision;
410 (b) the supervision is conducted in a face-to-face manner, unless otherwise approved
411 on a case-by-case basis by the division in collaboration with the board; and
412 (c) a supervisor is available for consultation with the counselor at all times.
413 (4) "General supervision" shall be defined by [
414 (5) "Group supervision" means more than one counselor licensed under this part meets
415 with the supervisor at the same time.
416 (6) "Individual supervision" means only one counselor licensed under this part meets
417 with the supervisor at a given time.
418 (7) "Practice as a certified advanced substance use disorder counselor" and "Practice as
419 a certified advanced substance use disorder counselor intern" means providing services
420 described in Subsection (9) under the direct supervision of a mental health therapist or licensed
421 advanced substance use disorder counselor.
422 (8) "Practice as a certified substance use disorder counselor" and "Practice as a
423 certified substance use disorder counselor intern" means providing the services described in
424 Subsections (10)(a) and (b) under the direct supervision of a mental health therapist or licensed
425 advanced substance use disorder counselor.
426 (9) "Practice as a licensed advanced substance use disorder counselor" means:
427 (a) providing the services described in Subsections (10)(a) and (b);
428 (b) screening and assessing of individuals, including identifying substance use disorder
429 symptoms and behaviors and co-occurring mental health issues; and
430 (c) treatment planning for substance use disorders, including initial planning, ongoing
431 intervention, continuity of care, discharge planning, planning for relapse prevention, and long
432 term recovery support.
434 providing services as an employee of [
435 general supervision of a licensed mental health therapist[
436 for conditions of substance [
437 a [
438 and ethics of the profession as approved by the division in collaboration with the board[
440 (b) "Practice as a substance use disorder counselor" includes:
441 (i) administering the screening process by which a client is determined [
443 which may include screening, brief intervention, and treatment referral;
444 (ii) conducting the administrative intake procedures for admission to a program;
445 (iii) conducting orientation of a client, including:
446 (A) describing the general nature and goals of the program;
447 (B) explaining rules governing client conduct and infractions that can lead to
448 disciplinary action or discharge from the program;
449 (C) explaining hours during which services are available in a nonresidential program;
450 (D) treatment costs to be borne by the client, if any; and
451 (E) describing the client's rights as a program participant;
452 (iv) conducting [
453 disorder counselor [
454 weaknesses, [
455 development of the treatment plan;
456 (v) participating in the process of treatment planning [
457 recommending specific interventions to support existing treatment goals and objectives
458 developed by the substance [
459 client to:
460 (A) identify and rank problems needing resolution;
461 (B) establish agreed upon immediate and long term goals; and
462 (C) decide on a treatment process and the resources to be utilized;
463 (vi) monitoring compliance with treatment plan progress;
465 drug [
466 part of a comprehensive treatment plan, including [
468 (A) leading specific task-oriented groups, didactic groups, and group discussions;
469 (B) cofacilitating group therapy with a licensed mental health therapist; and
470 (C) engaging in one-on-one interventions and interactions coordinated [
473 agencies, resources, or people together within a planned framework of action toward the
474 achievement of established goals, including, when appropriate, liaison activities and collateral
478 other [
479 treatment services and resources;
481 use disorder counselor or substance use disorder agency and referring the client to appropriate
482 services and community resources;
484 and services, which include charting the results of the assessment and treatment plan, writing
485 reports, progress notes, discharge summaries, and other client-related data; and
487 services to assure comprehensive quality care for the client.
499 (c) "Practice as a substance use disorder counselor" does not include:
500 (i) the diagnosing of mental illness, including substance use disorders, as defined in
501 Section 58-60-102 ;
502 (ii) engaging in the practice of mental health therapy as defined in Section 58-60-102 ;
504 (iii) the performance of a substance use disorder diagnosis, other mental illness
505 diagnosis, or psychological testing.
507 disorder agency that provides substance [
508 support services.
509 (12) "Recovery support services" means services provided to an individual who is
510 identified as having need of substance use disorder preventive or treatment services, either
511 before, during, or after an episode of care that meets the level of care standards established by
512 division rule.
513 (13) "Substance use disorder agency" means a public or private agency, health care
514 facility, or health care practice that:
515 (a) provides substance use disorder services, recovery support services, primary health
516 care services, or substance use disorder preventive services; and
517 (b) employs qualified mental health therapists in sufficient number to:
518 (i) evaluate the condition of clients being treated by each counselor licensed under this
519 part and employed by the substance use disorder agency; and
520 (ii) ensure that appropriate substance use disorder services are being given.
522 of substance [
523 education that meets standards established by [
526 Section 15. Section 58-60-503 is amended to read:
527 58-60-503. Board.
528 (1) There is created the Substance [
529 consisting of:
530 (a) three [
531 (b) three mental health therapists qualified by education [
532 substance [
533 disorder field; and
534 (c) one public member.
535 (2) The board shall be appointed and serve in accordance with Section 58-1-201 .
536 (3) The duties and responsibilities of the board are in accordance with Sections
537 58-1-202 and 58-1-203 . In addition, the board shall designate one of its members on a
538 permanent or rotating basis to:
539 (a) assist the division in reviewing complaints concerning the unlawful or
540 unprofessional conduct of a licensee; and
541 (b) advise the division in its investigation of these complaints.
542 (4) A board member who has, under Subsection (3), reviewed a complaint or advised
543 in the investigation of a complaint may be disqualified from participating with the board when
544 the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
545 Section 16. Section 58-60-504 is amended to read:
546 58-60-504. License classification.
547 The division shall issue substance use disorder counselor licenses to individuals
548 qualified under this part in the classification of:
549 (1) licensed advanced substance [
550 (2) certified advanced substance [
551 (3) certified advanced substance [
552 (4) licensed substance use disorder counselor;
554 (6) certified substance use disorder counselor intern.
555 Section 17. Section 58-60-506 is amended to read:
556 58-60-506. Qualifications for licensure on and after July 1, 2012.
557 (1) An applicant for licensure under this part on and after July 1, [
558 meet the following qualifications:
559 (a) submit an application in a form prescribed by the division;
560 (b) pay a fee determined by the department under Section 63J-1-504 ;
561 (c) be of good moral character;
562 (d) satisfy the requirements of Subsection (2), (3), (4), [
564 (e) except for licensure as a certified substance [
565 and a certified advanced substance use disorder counselor intern, satisfy the examination
566 requirement established by division rule under Section 58-1-203 .
567 (2) [
568 advanced substance [
571 (i) meet division standards;
572 (ii) verify the satisfactory completion of a baccalaureate or graduate degree [
574 (iii) verify the completion of prerequisite courses established by division rules;
576 disorder education program[
590 (i) at least 300 hours of substance use disorder related education, of which 200 hours
591 may have been obtained while qualifying for a substance use disorder counselor license;
592 (ii) a supervised practicum of at least 350 hours, of which 200 hours may have been
593 obtained while qualifying for a substance use disorder counselor license; and
595 supervised experience in substance [
596 have been obtained while qualifying for a substance use disorder counselor license, that:
598 (i) meets division standards; and
600 substance [
603 board, the time for performance is extended due to an extenuating circumstance.
643 (3) An applicant for licensure as a certified advanced substance use disorder counselor
644 shall meet the requirements in Subsections (2)(a) and (b).
645 (4) (a) An applicant for licensure as a certified advanced substance [
646 counselor intern shall meet the requirements [
648 (b) A certified advanced substance [
649 expires at the earlier of:
650 (i) the licensee passing the examination required for licensure as a certified advanced
651 substance [
652 (ii) six months after the certified advanced substance [
653 intern license is issued.
654 (5) In accordance with division rules, an applicant for licensure as a substance use
655 disorder counselor shall produce:
656 (a) certified transcripts from an accredited institution that:
657 (i) meet division standards;
658 (ii) verify satisfactory completion of an associate's degree or equivalent degree; and
659 (iii) verify the completion of prerequisite courses established by division rules;
660 (b) documentation of the applicant's completion of a substance use disorder education
661 program that includes:
662 (i) completion of at least 200 hours of substance use disorder related education; and
663 (ii) completion of a supervised practicum of at least 200 hours; and
664 (c) documentation of the applicant's completion of at least 2,000 hours of supervised
665 experience in substance use disorder treatment that:
666 (i) meets division standards; and
667 (ii) is performed within a two-year period after the applicant's completion of the
668 substance use disorder education program described in Subsection (5)(b), unless, as determined
669 by the division after consultation with the board, the time for performance is extended due to
670 an extenuating circumstance.
672 counselor [
673 Subsections (5)(a) and (b).
680 (7) (a) An applicant for licensure as a certified substance use disorder counselor intern
681 shall meet the requirements of Subsections (5)(a) and (b).
682 (b) A certified substance use disorder counselor intern license expires at the earlier of:
683 (i) the licensee passing the examination required for licensure as a certified substance
684 use disorder counselor; or
685 (ii) six months after the certified substance use disorder counselor intern license is
687 Section 18. Section 58-60-508 is amended to read:
688 58-60-508. Substance use disorder counselor supervisor's qualifications --
690 (1) [
692 (a) be [
693 treat substance [
694 (b) be currently working in the substance [
695 (c) review substance [
697 (d) provide substance [
698 in accordance with Subsection 58-60-102 (7);
699 (e) [
700 (f) approve the treatment plan; and
701 (g) provide direct supervision for not more than five persons, unless granted an
702 exception in writing from the board and the division.
703 (2) [
704 certified substance [
706 counselor intern, or licensed substance use disorder counselor may:
707 (a) [
711 licensed advanced substance [
714 (b) be currently working in the substance [
715 (c) provide direct supervision for no more than three persons, unless granted an
716 exception in writing from the board and the division.
717 Section 19. Section 58-60-511 is amended to read:
718 58-60-511. Experience requirement -- Transition of licensing and experience.
719 (1) Except as otherwise approved in writing by the board and the division, [
722 as a substance abuse counselor may transition to the substance use disorder counselor license
723 as follows:
724 (a) an individual who documents practice as a substance abuse counselor for six years
725 or longer, by July 1, 2013, may apply for an advanced substance use disorder license;
726 (b) if an individual who has practiced as a substance abuse counselor for less than six
727 years of experience meets the education requirements under Subsection 58-60-506 (2)(a) by
728 July 1, 2013, the individual may apply to the division for an advanced substance use disorder
730 (c) the division shall convert the license of an individual who has practiced for less
731 than six years, and who is licensed as a substance abuse counselor, to a substance use disorder
732 counselor license; or
733 (d) the division shall convert the license of an individual who is a certified substance
734 abuse counselor, or a certified substance abuse counselor intern, to a certified substance use
735 disorder counselor.
736 (2) An applicant working toward licensure under division rules in effect before July 1,
738 completed at least 100 hours of addiction-specific training [
741 with division rules.
747 Section 20. Section 62A-15-402 is enacted to read:
748 62A-15-402. Rules for substance use disorder peer support specialist training and
750 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act the
751 division shall make rules:
752 (1) establishing a peer support services program for substance use disorder peer
753 support services, including peer support specialist qualifications and peer support certification
754 training curriculum;
755 (2) establishing the scope of work and supervision requirements for peer support
756 specialists; and
757 (3) establishing criteria or guidelines for certifying and recertifying:
758 (i) a peer support specialist certification seminar; and
759 (ii) a peer support specialist training course.
760 Section 21. Section 78B-3-501 is amended to read:
761 78B-3-501. Definitions.
762 As used in this part, "therapist" means:
763 (1) a psychiatrist licensed to practice medicine under Section 58-67-301 , Utah Medical
764 Practice Act or under Section 58-68-301 , Utah Osteopathic Medical Practice Act;
765 (2) a psychologist licensed to practice psychology under Section 58-61-301 ;
766 (3) a marriage and family therapist licensed to practice marriage and family therapy
767 under Section 58-60-304 ;
768 (4) a social worker licensed to practice social work under Section 58-60-204 ;
769 (5) a psychiatric and mental health nurse specialist licensed to practice advanced
770 psychiatric nursing under Title 58, Chapter 31b, Nurse Practice Act; and
771 (6) a [
772 counseling under Title 58, Chapter 60, Part 4, [
773 Licensing Act.
774 Section 22. Effective date.
775 This bill takes effect on July 1, 2012.
Legislative Review Note
as of 2-20-12 7:57 AM