1     
SOCIAL WORK AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gene Davis

5     
House Sponsor: Rebecca P. Edwards

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Mental Health Professional Practice Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that an individual may represent oneself as a, or use the title of, social
13     worker if the individual possesses certified transcripts from an accredited institution
14     of higher education as described in the bill; and
15          ▸     amends the qualifications for licensure as a clinical social worker, certified social
16     worker, and social service worker by adding completion of an education accredited
17     by the Canadian Association of Schools of Social Work.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          58-60-109, as last amended by Laws of Utah 2012, Chapter 179
25          58-60-205, as last amended by Laws of Utah 2013, Chapters 16 and 262
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 58-60-109 is amended to read:
29          58-60-109. Unlawful conduct.
30          As used in this chapter, "unlawful conduct" includes:
31          (1) practice of the following unless licensed in the appropriate classification or
32     exempted from licensure under this title:
33          (a) mental health therapy;
34          (b) clinical social work;
35          (c) certified social work;
36          (d) marriage and family therapy;
37          (e) clinical mental health counselor;
38          (f) practice as a social service worker; or
39          (g) substance use disorder counselor;
40          (2) practice of mental health therapy by a licensed psychologist who has not acceptably
41     documented to the division the licensed psychologist's completion of the supervised training in
42     mental health therapy required under Subsection 58-61-304(1)(f); or
43          (3) representing oneself as, or using the title of, the following:
44          (a) unless currently licensed in a license classification under this title:
45          [(a)] (i) psychiatrist;
46          [(b) psychotherapist;]
47          (ii) psychologist;
48          [(c)] (iii) registered psychiatric mental health nurse specialist;
49          [(d)] (iv) mental health therapist;
50          [(e)] (v) clinical social worker;
51          [(f)] (vi) certified social worker;
52          [(g)] (vii) marriage and family therapist;
53          [(h)] (viii) clinical mental health counselor;
54          [(i) clinical hypnotist;]
55          [(j)] (ix) social service worker;
56          [(k)] (x) substance use disorder counselor;
57          [(l)] (xi) associate clinical mental health counselor; or
58          [(m)] (xii) associate marriage and family therapist[.]; or
59          (b) unless currently in possession of the credentials described in Subsection (4), social
60     worker.
61          (4) An individual may represent oneself as a, or use the title of, social worker if the
62     individual possesses certified transcripts from an accredited institution of higher education,
63     recognized by the division in collaboration with the Social Work Licensing Board, verifying
64     satisfactory completion of an education and an earned degree as follows:
65          (a) a bachelor's or master's degree in a social work program accredited by the Council
66     on Social Work Education or by the Canadian Association of Schools of Social Work; or
67          (b) a doctoral degree that contains a clinical social work concentration and practicum
68     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
69     Administrative Rulemaking Act, that is consistent with Section 58-1-203.
70          Section 2. Section 58-60-205 is amended to read:
71          58-60-205. Qualifications for licensure or certification as a clinical social worker,
72     certified social worker, and social service worker.
73          (1) An applicant for licensure as a clinical social worker shall:
74          (a) submit an application on a form provided by the division;
75          (b) pay a fee determined by the department under Section 63J-1-504;
76          (c) be of good moral character;
77          (d) produce certified transcripts from an accredited institution of higher education
78     recognized by the division in collaboration with the board verifying satisfactory completion of
79     an education and an earned degree as follows:
80          (i) [an earned] a master's degree in a social work [resulting from completion of an
81     education] program accredited by the Council on Social Work Education or by the Canadian
82     Association of Schools of Social Work; or
83          (ii) [an earned] a doctoral degree [in social work that results from successful
84     completion of a clinical] that contains a clinical social work concentration and practicum
85     approved by the division [and defined by rule under], by rule, in accordance with Title 63G,
86     Chapter 3, Utah Administrative Rulemaking Act, that is consistent with Section 58-1-203;
87          (e) have completed a minimum of 4,000 hours of clinical social work training as
88     defined by division rule under Section 58-1-203 in not less than two years and under the
89     supervision of a clinical social worker supervisor approved by the division in collaboration
90     with the board;
91          (f) document successful completion of not less than 1,000 hours of supervised training
92     in mental health therapy obtained after completion of the education requirement in Subsection
93     (1)(d), which training may be included as part of the 4,000 hours of training in Subsection
94     (1)(e), and of which documented evidence demonstrates not less than 100 of the hours were
95     obtained under the direct supervision of a clinical social worker, as defined by rule;
96          (g) have completed a case work, group work, or family treatment course sequence with
97     a clinical practicum in content as defined by rule under Section 58-1-203; and
98          (h) pass the examination requirement established by rule under Section 58-1-203.
99          (2) An applicant for licensure as a certified social worker shall:
100          (a) submit an application on a form provided by the division;
101          (b) pay a fee determined by the department under Section 63J-1-504;
102          (c) be of good moral character;
103          (d) produce certified transcripts from an accredited institution of higher education
104     recognized by the division in collaboration with the [Social Worker Licensing Board] board
105     verifying satisfactory completion of an education and an earned degree as follows:
106          (i) a master's degree in a social work [education] program accredited by the Council on
107     Social Work Education [and an earned master's degree resulting from completion of that
108     program] or by the Canadian Association of Schools of Social Work; or
109          (ii) [an education program] a doctoral degree that contains [approved] a clinical social
110     work concentration and practicum [in content as defined by rule under Section 58-1-203 and an
111     earned doctorate resulting from completion of that program] approved by the division, by rule,
112     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that is
113     consistent with Section 58-1-203; and
114          (e) pass the examination requirement established by rule under Section 58-1-203.
115          (3) (a) An applicant for certification as a certified social worker intern shall meet the
116     requirements of Subsections (2)(a), (b), (c), and (d).
117          (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
118     examination required under Subsection (2)(e) or six months, whichever occurs first.
119          (c) A certified social worker intern may provide mental health therapy under the
120     general supervision of a clinical social worker.
121          (4) An applicant for licensure as a social service worker shall:
122          (a) submit an application on a form provided by the division;
123          (b) pay a fee determined by the department under Section 63J-1-504;
124          (c) be of good moral character;
125          (d) produce certified transcripts from an accredited institution of higher education
126     recognized by the division in collaboration with the [Social Worker Licensing Board] board
127     verifying satisfactory completion of an education and an earned degree [resulting from
128     education] as follows:
129          (i) a bachelor's degree in a social work program accredited by the Council on Social
130     Work Education or by the Canadian Association of Schools of Social Work;
131          (ii) a master's degree in a field approved by the division in collaboration with the
132     [social worker] board;
133          (iii) a bachelor's degree in any field if the applicant:
134          (A) has completed at least three semester hours, or the equivalent, in each of the
135     following areas:
136          (I) social welfare policy;
137          (II) human growth and development; and
138          (III) social work practice methods, as defined by rule; and
139          (B) provides documentation that the applicant has completed at least 2,000 hours of
140     qualifying experience under the supervision of a mental health therapist, which experience is
141     approved by the division in collaboration with the [Social Worker Licensing Board] board, and
142     which is performed after completion of the requirements to obtain the bachelor's degree
143     required under this Subsection (4); or
144          (iv) successful completion of the first academic year of a Council on Social Work
145     Education approved master's of social work curriculum and practicum; and
146          (e) pass the examination requirement established by rule under Section 58-1-203.
147          (5) The division shall ensure that the rules for an examination described under
148     Subsections (1)(h), (2)(e), and (4)(e) allow additional time to complete the examination if
149     requested by an applicant who is:
150          (a) a foreign born legal resident of the United States for whom English is a second
151     language; or
152          (b) an enrolled member of a federally recognized Native American tribe.