1     
MENTAL HEALTH PROFESSIONAL LICENSING

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Norman K. Thurston

6     
Senate Sponsor: Todd D. Weiler

7     

8     LONG TITLE
9     General Description:
10          This bill amends the Mental Health Professional Practice Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     reduces the number of clinical hours required for licensure as:
14               •     a social worker;
15               •     a marriage and family therapist; or
16               •     a clinical mental health counselor.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          58-60-205, as last amended by Laws of Utah 2020, Chapter 339
24          58-60-305, as last amended by Laws of Utah 2020, Chapter 339
25          58-60-405, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 58-60-205 is amended to read:

29          58-60-205. Qualifications for licensure or certification as a clinical social worker,
30     certified social worker, and social service worker.
31          (1) An applicant for licensure as a clinical social worker shall:
32          (a) submit an application on a form provided by the division;
33          (b) pay a fee determined by the department under Section 63J-1-504;
34          (c) produce certified transcripts from an accredited institution of higher education
35     recognized by the division in collaboration with the board verifying satisfactory completion of
36     an education and an earned degree as follows:
37          (i) a master's degree in a social work program accredited by the Council on Social
38     Work Education or by the Canadian Association of Schools of Social Work; or
39          (ii) a doctoral degree that contains a clinical social work concentration and practicum
40     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
41     Administrative Rulemaking Act, that is consistent with Section 58-1-203;
42          (d) have completed a minimum of [4,000] 3,000 hours of clinical social work training
43     as defined by division rule under Section 58-1-203:
44          (i) in not less than two years;
45          (ii) under the supervision of a supervisor approved by the division in collaboration with
46     the board who is a:
47          (A) clinical mental health counselor;
48          (B) psychiatrist;
49          (C) psychologist;
50          (D) registered psychiatric mental health nurse practitioner;
51          (E) marriage and family therapist; or
52          (F) clinical social worker; and
53          (iii) including a minimum of two hours of training in suicide prevention via a course
54     that the division designates as approved;
55          (e) document successful completion of not less than 1,000 hours of supervised training

56     in mental health therapy obtained after completion of the education requirement in Subsection
57     (1)(c), which training may be included as part of the [4,000] 3,000 hours of training in
58     Subsection (1)(d), and of which documented evidence demonstrates not less than 100 of the
59     hours were obtained under the direct supervision, as defined by rule, of a supervisor described
60     in Subsection (1)(d)(ii);
61          (f) have completed a case work, group work, or family treatment course sequence with
62     a clinical practicum in content as defined by rule under Section 58-1-203; and
63          (g) pass the examination requirement established by rule under Section 58-1-203.
64          (2) An applicant for licensure as a certified social worker shall:
65          (a) submit an application on a form provided by the division;
66          (b) pay a fee determined by the department under Section 63J-1-504;
67          (c) produce certified transcripts from an accredited institution of higher education
68     recognized by the division in collaboration with the board verifying satisfactory completion of
69     an education and an earned degree as follows:
70          (i) a master's degree in a social work program accredited by the Council on Social
71     Work Education or by the Canadian Association of Schools of Social Work; or
72          (ii) a doctoral degree that contains a clinical social work concentration and practicum
73     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
74     Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
75          (d) pass the examination requirement established by rule under Section 58-1-203.
76          (3) (a) An applicant for certification as a certified social worker intern shall meet the
77     requirements of Subsections (2)(a), (b), and (c).
78          (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
79     examination required under Subsection (2)(d) or six months, whichever occurs first.
80          (c) A certified social worker intern may provide mental health therapy under the
81     general supervision, as defined by rule, of a supervisor described in Subsection (1)(d)(ii).
82          (4) An applicant for licensure as a social service worker shall:

83          (a) submit an application on a form provided by the division;
84          (b) pay a fee determined by the department under Section 63J-1-504;
85          (c) produce certified transcripts from an accredited institution of higher education
86     recognized by the division in collaboration with the board verifying satisfactory completion of
87     an education and an earned degree as follows:
88          (i) a bachelor's degree in a social work program accredited by the Council on Social
89     Work Education or by the Canadian Association of Schools of Social Work;
90          (ii) a master's degree in a field approved by the division in collaboration with the
91     board;
92          (iii) a bachelor's degree in any field if the applicant:
93          (A) has completed at least three semester hours, or the equivalent, in each of the
94     following areas:
95          (I) social welfare policy;
96          (II) human growth and development; and
97          (III) social work practice methods, as defined by rule; and
98          (B) provides documentation that the applicant has completed at least 2,000 hours of
99     qualifying experience under the supervision of a mental health therapist, which experience is
100     approved by the division in collaboration with the board, and which is performed after
101     completion of the requirements to obtain the bachelor's degree required under this Subsection
102     (4); or
103          (iv) successful completion of the first academic year of a Council on Social Work
104     Education approved master's of social work curriculum and practicum; and
105          (d) pass the examination requirement established by rule under Section 58-1-203.
106          (5) The division shall ensure that the rules for an examination described under
107     Subsections (1)(g), (2)(d), and (4)(d) allow additional time to complete the examination if
108     requested by an applicant who is:
109          (a) a foreign born legal resident of the United States for whom English is a second

110     language; or
111          (b) an enrolled member of a federally recognized Native American tribe.
112          Section 2. Section 58-60-305 is amended to read:
113          58-60-305. Qualifications for licensure.
114          (1) All applicants for licensure as marriage and family therapists shall:
115          (a) submit an application on a form provided by the division;
116          (b) pay a fee determined by the department under Section 63J-1-504;
117          (c) produce certified transcripts evidencing completion of a masters or doctorate degree
118     in marriage and family therapy from:
119          (i) a program accredited by the Commission on Accreditation for Marriage and Family
120     Therapy Education; or
121          (ii) an accredited institution meeting criteria for approval established by rule under
122     Section 58-1-203;
123          (d) have completed a minimum of [4,000] 3,000 hours of marriage and family therapy
124     training as defined by division rule under Section 58-1-203:
125          (i) in not less than two years;
126          (ii) under the supervision of a mental health therapist supervisor who meets the
127     requirements of Section 58-60-307;
128          (iii) obtained after completion of the education requirement in Subsection (1)(c); and
129          (iv) including a minimum of two hours of training in suicide prevention via a course
130     that the division designates as approved;
131          (e) document successful completion of not less than 1,000 hours of supervised training
132     in mental health therapy obtained after completion of the education requirement described in
133     Subsection (1)(c)(i) or (1)(c)(ii), which training may be included as part of the [4,000] 3,000
134     hours of training described in Subsection (1)(d), and of which documented evidence
135     demonstrates not less than 100 of the supervised hours were obtained during direct, personal
136     supervision, as defined by rule, by a mental health therapist supervisor qualified under Section

137     58-60-307; and
138          (f) pass the examination requirement established by division rule under Section
139     58-1-203.
140          (2) (a) All applicants for licensure as an associate marriage and family therapist shall
141     comply with the provisions of Subsections (1)(a), (b), and (c).
142          (b) An individual's license as an associate marriage and family therapist is limited to
143     the period of time necessary to complete clinical training as described in Subsections (1)(d) and
144     (e) and extends not more than one year from the date the minimum requirement for training is
145     completed, unless the individual presents satisfactory evidence to the division and the
146     appropriate board that the individual is making reasonable progress toward passing of the
147     qualifying examination for that profession or is otherwise on a course reasonably expected to
148     lead to licensure, but the period of time under this Subsection (2)(b) may not exceed two years
149     past the date the minimum supervised clinical training requirement has been completed.
150          Section 3. Section 58-60-405 is amended to read:
151          58-60-405. Qualifications for licensure.
152          (1) An applicant for licensure as a clinical mental health counselor shall:
153          (a) submit an application on a form provided by the division;
154          (b) pay a fee determined by the department under Section 63J-1-504;
155          (c) produce certified transcripts evidencing completion of:
156          (i) a master's or doctorate degree conferred to the applicant in:
157          (A) clinical mental health counseling, clinical rehabilitation counseling, counselor
158     education and supervision from a program accredited by the Council for Accreditation of
159     Counseling and Related Educational Programs; or
160          (B) clinical mental health counseling or an equivalent field from a program affiliated
161     with an institution that has accreditation that is recognized by the Council for Higher Education
162     Accreditation; and
163          (ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to

164     an educational program described in Subsection (1)[(d)](c)(i);
165          (d) have completed a minimum of [4,000] 3,000 hours of clinical mental health
166     counselor training as defined by division rule under Section 58-1-203:
167          (i) in not less than two years;
168          (ii) under the supervision of a clinical mental health counselor, psychiatrist,
169     psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
170     marriage and family therapist supervisor approved by the division in collaboration with the
171     board;
172          (iii) obtained after completion of the education requirement in Subsection (1)(c); and
173          (iv) including a minimum of two hours of training in suicide prevention via a course
174     that the division designates as approved;
175          (e) document successful completion of not less than 1,000 hours of supervised training
176     in mental health therapy obtained after completion of the education requirement in Subsection
177     (1)(c), which training may be included as part of the [4,000] 3,000 hours of training in
178     Subsection (1)(d), and of which documented evidence demonstrates not less than 100 of the
179     hours were obtained under the direct supervision of a mental health therapist, as defined by
180     rule; and
181          (f) pass the examination requirement established by division rule under Section
182     58-1-203.
183          (2) (a) An applicant for licensure as an associate clinical mental health counselor shall
184     comply with the provisions of Subsections (1)(a), (b), and (c).
185          (b) Except as provided under Subsection (2)(c), an individual's licensure as an
186     associate clinical mental health counselor is limited to the period of time necessary to complete
187     clinical training as described in Subsections (1)(d) and (e) and extends not more than one year
188     from the date the minimum requirement for training is completed.
189          (c) The time period under Subsection (2)(b) may be extended to a maximum of two
190     years past the date the minimum supervised clinical training requirement has been completed,

191     if the applicant presents satisfactory evidence to the division and the appropriate board that the
192     individual is:
193          (i) making reasonable progress toward passing of the qualifying examination for that
194     profession; or
195          (ii) otherwise on a course reasonably expected to lead to licensure.
196          (3) [(a)] Notwithstanding Subsection (1)(c), an applicant satisfies the education
197     requirement described in Subsection (1)(c) if the applicant submits documentation verifying:
198          [(i)] (a) satisfactory completion of a doctoral or master's degree from an educational
199     program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
200     and Related Educational Programs;
201          [(ii)] (b) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
202     hours of coursework related to an educational program described in Subsection (1)(c)(i); and
203          [(iii)] (c) that the applicant received a passing score that is valid and in good standing
204     on:
205          [(A)] (i) the National Counselor Examination; and
206          [(B)] (ii) the National Clinical Mental Health Counseling Examination.
207          [(b) During the 2021 interim, the division shall report to the Occupational and
208     Professional Licensure Review Committee created in Section 36-23-102 on:]
209          [(i) the number of applicants who applied for licensure under this Subsection (3);]
210          [(ii) the number of applicants who were approved for licensure under this Subsection
211     (3);]
212          [(iii) any changes to division rule after May 12, 2020, regarding the qualifications for
213     licensure under this section; and]
214          [(iv) recommendations for legislation or other action that the division considers
215     necessary to carry out the provisions of this Subsection (3).]