1     
CLINICAL MENTAL HEALTH COUNSELOR LICENSING

2     
SUNSET EXTENSION

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Todd D. Weiler

6     
House Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill extends the sunset and reporting requirements for certain provisions relating to
11     the licensure of a clinical mental health counselor.
12     Highlighted Provisions:
13          This bill:
14          ▸     extends the sunset date and reporting requirements for an alternate route to licensure
15     for individuals seeking licensure as a clinical mental health counselor by one year
16     until July 1, 2024.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          58-60-405, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
24          63I-1-258, as last amended by Laws of Utah 2021, Chapter 32
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 58-60-405 is amended to read:

28          58-60-405. Qualifications for licensure.
29          (1) An applicant for licensure as a clinical mental health counselor shall:
30          (a) submit an application on a form provided by the division;
31          (b) pay a fee determined by the department under Section 63J-1-504;
32          (c) produce certified transcripts evidencing completion of:
33          (i) a master's or doctorate degree conferred to the applicant in:
34          (A) clinical mental health counseling, clinical rehabilitation counseling, counselor
35     education and supervision from a program accredited by the Council for Accreditation of
36     Counseling and Related Educational Programs; or
37          (B) clinical mental health counseling or an equivalent field from a program affiliated
38     with an institution that has accreditation that is recognized by the Council for Higher Education
39     Accreditation; and
40          (ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
41     an educational program described in Subsection (1)(d)(i);
42          (d) have completed a minimum of 4,000 hours of clinical mental health counselor
43     training 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 clinical mental health counselor, psychiatrist,
46     psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
47     marriage and family therapist supervisor approved by the division in collaboration with the
48     board;
49          (iii) obtained after completion of the education requirement in Subsection (1)(c); and
50          (iv) including a minimum of two hours of training in suicide prevention via a course
51     that the division designates as approved;
52          (e) document successful completion of not less than 1,000 hours of supervised training
53     in mental health therapy obtained after completion of the education requirement in Subsection
54     (1)(c), which training may be included as part of the 4,000 hours of training in Subsection
55     (1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
56     obtained under the direct supervision of a mental health therapist, as defined by rule; and
57          (f) pass the examination requirement established by division rule under Section
58     58-1-203.

59          (2) (a) An applicant for licensure as an associate clinical mental health counselor shall
60     comply with the provisions of Subsections (1)(a), (b), and (c).
61          (b) Except as provided under Subsection (2)(c), an individual's licensure as an
62     associate clinical mental health counselor is limited to the period of time necessary to complete
63     clinical training as described in Subsections (1)(d) and (e) and extends not more than one year
64     from the date the minimum requirement for training is completed.
65          (c) The time period under Subsection (2)(b) may be extended to a maximum of two
66     years past the date the minimum supervised clinical training requirement has been completed,
67     if the applicant presents satisfactory evidence to the division and the appropriate board that the
68     individual is:
69          (i) making reasonable progress toward passing of the qualifying examination for that
70     profession; or
71          (ii) otherwise on a course reasonably expected to lead to licensure.
72          (3) (a) Notwithstanding Subsection (1)(c), an applicant satisfies the education
73     requirement described in Subsection (1)(c) if the applicant submits documentation verifying:
74          (i) satisfactory completion of a doctoral or master's degree from an educational
75     program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
76     and Related Educational Programs;
77          (ii) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
78     hours of coursework related to an educational program described in Subsection (1)(c)(i); and
79          (iii) that the applicant received a passing score that is valid and in good standing on:
80          (A) the National Counselor Examination; and
81          (B) the National Clinical Mental Health Counseling Examination.
82          (b) During the [2021 interim] 2022 and 2023 interims, the division shall report to the
83     Occupational and Professional Licensure Review Committee created in Section 36-23-102 on:
84          (i) the number of applicants who applied for licensure under this Subsection (3);
85          (ii) the number of applicants who were approved for licensure under this Subsection
86     (3);
87          (iii) any changes to division rule after May 12, 2020, regarding the qualifications for
88     licensure under this section; and
89          (iv) recommendations for legislation or other action that the division considers

90     necessary to carry out the provisions of this Subsection (3).
91          Section 2. Section 63I-1-258 is amended to read:
92          63I-1-258. Repeal dates, Title 58.
93          (1) Section 58-3a-201, which creates the Architects Licensing Board, is repealed July
94     1, 2026.
95          (2) Section 58-11a-302.5 is repealed July 1, 2022.
96          (3) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
97     repealed July 1, 2026.
98          (4) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
99          (5) Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1, 2028.
100          (6) Subsection 58-37-6(7)(f)(iii) is repealed July 1, 2022, and the Office of Legislative
101     Research and General Counsel is authorized to renumber the remaining subsections
102     accordingly.
103          (7) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
104          (8) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
105     repealed July 1, 2029.
106          (9) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
107          (10) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed
108     July 1, 2023.
109          (11) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
110          (12) Subsection 58-55-201(2), which creates the Alarm System and Security Licensing
111     Advisory Board, is repealed July 1, 2027.
112          (13) Subsection 58-60-405(3), regarding certain educational qualifications for licensure
113     and reporting, is repealed July 1, [2022] 2024.
114          (14) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
115     2026.
116          (15) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027.
117          (16) The following sections are repealed on July 1, 2022:
118          (a) Section 58-5a-502;
119          (b) Section 58-31b-502.5;
120          (c) Section 58-67-502.5;

121          (d) Section 58-68-502.5; and
122          (e) Section 58-69-502.5.