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




Legislative Review Note
     as of 1-26-15 4:54 PM

Office of Legislative Research and General Counsel