This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 22, 2023 at 3:03 PM by jgrandia.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 22, 2023 at 3:13 PM by lpoole.
Senator Michael K. McKell proposes the following substitute bill:


1     
MENTAL HEALTH PROFESSIONAL LICENSING

2     
AMENDMENTS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Stephanie Gricius

6     
Senate Sponsor: Michael K. McKell

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions of the Mental Health Professional Practice Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends the requirements for the provision of remote, transitional mental health
14     therapy and substance use disorder counseling;
15          ▸     allows for the provision of remote mental health therapy and substance use disorder
16     counseling, subject to certain conditions;
17          ▸     modifies requirements related to the training hours required for licensure as a:
18               •     clinical social worker;
19               •     marriage and family therapist; or
20               •     clinical mental health counselor; Ŝ→ and ←Ŝ
21     Ŝ→ [     ▸     requires an applicant for licensure as a clinical social worker, marriage and family
22     therapist, or clinical mental health counselor to enter into a supervision agreement
23     after completing supervised training hours; and] ←Ŝ
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          58-60-107, as last amended by Laws of Utah 2021, Chapter 313
32          58-60-205, as last amended by Laws of Utah 2022, Chapters 345, 466
33          58-60-207, as last amended by Laws of Utah 2020, Chapter 339
34          58-60-305, as last amended by Laws of Utah 2022, Chapters 345, 416 and 466
35          58-60-405, as last amended by Laws of Utah 2022, Chapters 345, 416 and 466
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 58-60-107 is amended to read:
39          58-60-107. Exemptions from licensure.
40          (1) Except as modified in Section 58-60-103, the exemptions from licensure in Section
41     58-1-307 apply to this chapter.
42          (2) In addition to the exemptions from licensure in Section 58-1-307, the following
43     may engage in acts included within the definition of practice as a mental health therapist,
44     subject to the stated circumstances and limitations, without being licensed under this chapter:
45          (a) the following when practicing within the scope of the license held:
46          (i) a physician and surgeon or osteopathic physician and surgeon licensed under
47     Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
48          (ii) an advanced practice registered nurse, specializing in psychiatric mental health
49     nursing, licensed under Chapter 31b, Nurse Practice Act;
50          (iii) a psychologist licensed under Chapter 61, Psychologist Licensing Act; and
51          (iv) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act,
52     and specializing in mental health care under Section 58-70a-501.1;
53          (b) a recognized member of the clergy while functioning in a ministerial capacity as
54     long as the member of the clergy does not represent that the member of the clergy is, or use the
55     title of, a license classification in Subsection 58-60-102(5);
56          (c) an individual who is offering expert testimony in a proceeding before a court,
57     administrative hearing, deposition upon the order of a court or other body having power to
58     order the deposition, or a proceeding before a master, referee, or alternative dispute resolution
59     provider;
60          (d) an individual engaged in performing hypnosis who is not licensed under this title in
61     a profession which includes hypnosis in its scope of practice, and who:
62          (i) (A) induces a hypnotic state in a client for the purpose of increasing motivation or
63     altering lifestyles or habits, such as eating or smoking, through hypnosis;
64          (B) consults with a client to determine current motivation and behavior patterns;
65          (C) prepares the client to enter hypnotic states by explaining how hypnosis works and
66     what the client will experience;
67          (D) tests clients to determine degrees of suggestibility;
68          (E) applies hypnotic techniques based on interpretation of consultation results and
69     analysis of client's motivation and behavior patterns; and
70          (F) trains clients in self-hypnosis conditioning;
71          (ii) may not:
72          (A) engage in the practice of mental health therapy;
73          (B) use the title of a license classification in Subsection 58-60-102(5); or
74          (C) use hypnosis with or treat a medical, psychological, or dental condition defined in
75     generally recognized diagnostic and statistical manuals of medical, psychological, or dental
76     disorders;
77          (e) an individual's exemption from licensure under Subsection 58-1-307(1)(b)
78     terminates when the student's training is no longer supervised by qualified faculty or staff and
79     the activities are no longer a defined part of the degree program;
80          (f) an individual holding an earned doctoral degree or master's degree in social work,
81     marriage and family therapy, or clinical mental health counseling, who is employed by an
82     accredited institution of higher education and who conducts research and teaches in that
83     individual's professional field, but only if the individual does not engage in providing or
84     supervising professional services regulated under this chapter to individuals or groups
85     regardless of whether there is compensation for the services;
86          (g) an individual in an on-the-job training program approved by the division while
87     under the supervision of qualified persons;
88          (h) an individual providing general education in the subjects of alcohol, drug use, or
89     substance use disorders, including prevention;
90          (i) an individual providing advice or counsel to another individual in a setting of their
91     association as friends or relatives and in a nonprofessional and noncommercial relationship, if
92     there is no compensation paid for the advice or counsel; and
93          (j) an individual who is licensed, in good standing, to practice mental health therapy or
94     substance use disorder counseling in a state or territory of the United States outside of Utah
95     may provide short term transitional mental health therapy remotely or short term transitional
96     substance use disorder counseling remotely to a client in Utah [only] if:
97          (i) the individual is present in the state or territory where the individual is licensed to
98     practice mental health therapy or substance use disorder counseling;
99          (ii) the client relocates to Utah;
100          (iii) the client is a client of the individual immediately before the client relocates to
101     Utah;
102          (iv) the individual provides the short term transitional mental health therapy or short
103     term transitional substance use disorder counseling remotely to the client only during the [45]
104     90 day period beginning on the day on which the client relocates to Utah;
105          (v) within [10 days] one day after the day on which the [client relocates to] individual
106     first provides mental health therapy or substance use disorder counseling remotely to the client
107     in Utah, the individual provides written notice to the division of the individual's intent to
108     provide short term transitional mental health therapy or short term transitional substance use
109     disorder counseling remotely to the client; and
110          (vi) the individual does not engage in unlawful conduct or unprofessional conduct.
111          (3) (a) As used in this Subsection (3):
112          (i) "Prescribe" means the same as that term is defined in Section 58-17b-102.
113          (ii) "Prescription drug" means the same as that term is defined in Section 58-17b-102.
114          (b) Ŝ→ [An] Except as otherwise provided in an interstate compact enacted under this
114a     title, an ←Ŝ individual who is licensed, in good standing, to practice mental health therapy
115     or substance use disorder counseling in a state or territory of the United States outside of Utah,
116     and who provides mental health therapy remotely or substance use disorder counseling
117     remotely to a client in Utah:
118          (i) may not prescribe a prescription drug for a client in Utah unless the individual is
119     licensed in Utah to prescribe the prescription drug;
120          (ii) shall, before providing mental health therapy remotely or substance use disorder
121     counseling remotely to a client in Utah, be aware of:
122          (A) how to access emergency services and resources in Utah; and
123          (B) all applicable laws and rules regarding the required or permitted reporting or
124     disclosing of confidential client communications;
125          (iii) shall, within one day after the day on which the individual first provides mental
126     health therapy remotely or substance use disorder counseling remotely to a client in Utah,
127     submit to the division a signed notice, in the form required by the division, notifying the
128     division that the individual is providing therapy or counseling under the exemption in this
129     Subsection (3); and
130          (iv) shall obtain a Utah license:
131          (A) within nine months after the day on which the individual first provides mental
132     health therapy remotely or substance use disorder counseling remotely to a client in Utah; or
133          (B) if at any time the individual provides mental health therapy remotely or substance
134     use disorder counseling remotely to more than one client in Utah.
135          (4) The division shall report to the Health and Human Services Interim Committee at
136     or before the committee's October 2026 meeting regarding the exemption described in
137     Subsection (3), including information about any complaints the division has received
138     concerning individuals who have provided therapy or counseling under that exemption.
139          Section 2. Section 58-60-205 is amended to read:
140          58-60-205. Qualifications for licensure or certification as a clinical social worker,
141     certified social worker, and social service worker.
142          (1) An applicant for licensure as a clinical social worker shall:
143          (a) submit an application on a form provided by the division;
144          (b) pay a fee determined by the department under Section 63J-1-504;
145          (c) produce certified transcripts from an accredited institution of higher education
146     recognized by the division in collaboration with the board verifying satisfactory completion of
147     an education and an earned degree as follows:
148          (i) a master's degree in a social work program accredited by the Council on Social
149     Work Education or by the Canadian Association of Schools of Social Work; or
150          (ii) a doctoral degree that contains a clinical social work concentration and practicum
151     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
152     Administrative Rulemaking Act, that is consistent with Section 58-1-203;
153          (d) have completed a minimum of 3,000 hours of clinical social work training as
154     defined by division rule under Section 58-1-203:
155          [(i) in not less than two years;]
156          [(ii)] (i) under the supervision of a supervisor approved by the division in collaboration
157     with the board who is a:
158          (A) clinical mental health counselor;
159          (B) psychiatrist;
160          (C) psychologist;
161          (D) registered psychiatric mental health nurse practitioner;
162          (E) marriage and family therapist; or
163          (F) clinical social worker; and
164          [(iii)] (ii) including a minimum of two hours of training in suicide prevention via a
165     course that the division designates as approved;
166          (e) document successful completion of not less than 1,000 hours of supervised training
167     in mental health therapy obtained after completion of the education requirement in Subsection
168     (1)(c), which training may be included as part of the 3,000 hours of training in Subsection
169     (1)(d), and of which documented evidence demonstrates not less than [100] 75 of the hours
170     were obtained under the direct supervision, as defined by rule, of a supervisor described in
171     Subsection [(1)(d)(ii)] (1)(d)(i);
172          (f) have completed a case work, group work, or family treatment course sequence with
173     a clinical practicum in content as defined by rule under Section 58-1-203;
174          (g) pass the examination requirement established by rule under Section 58-1-203; and
175          (h) if the applicant is applying to participate in the Counseling Compact under Chapter
176     60a, Counseling Compact, consent to a criminal background check in accordance with Section
177     58-60-103.1 and any requirements established by division rule made in accordance with Title
178     63G, Chapter 3, Utah Administrative Rulemaking Act.
179          (2) An applicant for licensure as a certified social worker shall:
180          (a) submit an application on a form provided by the division;
181          (b) pay a fee determined by the department under Section 63J-1-504;
182          (c) produce certified transcripts from an accredited institution of higher education
183     recognized by the division in collaboration with the board verifying satisfactory completion of
184     an education and an earned degree as follows:
185          (i) a master's degree in a social work program accredited by the Council on Social
186     Work Education or by the Canadian Association of Schools of Social Work; or
187          (ii) a doctoral degree that contains a clinical social work concentration and practicum
188     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
189     Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
190          (d) pass the examination requirement established by rule under Section 58-1-203.
191          (3) (a) An applicant for certification as a certified social worker intern shall meet the
192     requirements of Subsections (2)(a)[, (b), and] through (c).
193          (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
194     examination required under Subsection (2)(d) or six months, whichever occurs first.
195          (c) A certified social worker intern may provide mental health therapy under the
196     general supervision, as defined by rule, of a supervisor described in Subsection [(1)(d)(ii)]
197     (1)(d)(i).
198          (4) An applicant for licensure as a social service worker shall:
199          (a) submit an application on a form provided by the division;
200          (b) pay a fee determined by the department under Section 63J-1-504;
201          (c) produce certified transcripts from an accredited institution of higher education
202     recognized by the division in collaboration with the board verifying satisfactory completion of
203     an education and an earned degree as follows:
204          (i) a bachelor's degree in a social work program accredited by the Council on Social
205     Work Education or by the Canadian Association of Schools of Social Work;
206          (ii) a master's degree in a field approved by the division in collaboration with the
207     board;
208          (iii) a bachelor's degree in any field if the applicant:
209          (A) has completed at least three semester hours, or the equivalent, in each of the
210     following areas:
211          (I) social welfare policy;
212          (II) human growth and development; and
213          (III) social work practice methods, as defined by rule; and
214          (B) provides documentation that the applicant has completed at least 2,000 hours of
215     qualifying experience under the supervision of a mental health therapist, which experience is
216     approved by the division in collaboration with the board, and which is performed after
217     completion of the requirements to obtain the bachelor's degree required under this Subsection
218     (4); or
219          (iv) successful completion of the first academic year of a Council on Social Work
220     Education approved master's of social work curriculum and practicum; and
221          (d) pass the examination requirement established by rule under Section 58-1-203.
222          (5) The division shall ensure that the rules for an examination described under
223     Subsections (1)(g), (2)(d), and (4)(d) allow additional time to complete the examination if
224     requested by an applicant who is:
225          (a) a foreign born legal resident of the United States for whom English is a second
226     language; or
227          (b) an enrolled member of a federally recognized Native American tribe.
228          Ŝ→ [(6) (a) An applicant for licensure as a clinical social worker shall, after completing the
229     hours described in Subsections (1)(d) and (e), enter into a supervision agreement with a
230     supervisor described in Subsection (1)(d)(i).
231          (b) A supervision agreement shall be for a term of at least six months.
232          (c) An applicant for licensure as a clinical social worker may be licensed during the
233     term of a supervision agreement if the individual meets the requirements for licensure.
234          (d) A supervisor who enters into a supervision agreement with an applicant under
235     Subsection (6)(a) shall notify the division if the applicant fails to complete the term of the
236     supervision agreement.] ←Ŝ
237          Section 3. Section 58-60-207 is amended to read:
238          58-60-207. Scope of practice -- Limitations.
239          (1) (a) A clinical social worker may engage in all acts and practices defined as the
240     practice of clinical social work without supervision, in private and independent practice, or as
241     an employee of another person, limited only by the licensee's education, training, and
242     competence.
243          (b) A clinical social worker may not supervise more than six individuals who are
244     lawfully engaged in training for the practice of mental health therapy, unless granted an
245     exception in writing from the division in collaboration with the board.
246          (2) To the extent an individual is professionally prepared by the education and training
247     track completed while earning a master's or doctor of social work degree, a licensed certified
248     social worker may engage in all acts and practices defined as the practice of certified social
249     work consistent with the licensee's education, clinical training, experience, and competence:
250          (a) under supervision of an individual described in Subsection [58-60-205(1)(d)(ii)]
251     58-60-205(1)(d)(i) and as an employee of another person when engaged in the practice of
252     mental health therapy;
253          (b) without supervision and in private and independent practice or as an employee of
254     another person, if not engaged in the practice of mental health therapy;
255          (c) including engaging in the private, independent, unsupervised practice of social
256     work as a self-employed individual, in partnership with other mental health therapists, as a
257     professional corporation, or in any other capacity or business entity, so long as he does not
258     practice unsupervised psychotherapy; and
259          (d) supervising social service workers as provided by division rule.
260          Section 4. Section 58-60-305 is amended to read:
261          58-60-305. Qualifications for licensure.
262          (1) All applicants for licensure as marriage and family therapists shall:
263          (a) submit an application on a form provided by the division;
264          (b) pay a fee determined by the department under Section 63J-1-504;
265          (c) produce certified transcripts evidencing completion of a masters or doctorate degree
266     in marriage and family therapy from:
267          (i) a program accredited by the Commission on Accreditation for Marriage and Family
268     Therapy Education; or
269          (ii) an accredited institution meeting criteria for approval established by rule under
270     Section 58-1-203;
271          (d) have completed a minimum of 3,000 hours of marriage and family therapy training
272     as defined by division rule under Section 58-1-203:
273          [(i) in not less than two years;]
274          [(ii)] (i) under the supervision of a mental health therapist supervisor who meets the
275     requirements of Section 58-60-307;
276          [(iii)] (ii) obtained after completion of the education requirement in Subsection (1)(c);
277     and
278          [(iv)] (iii) including a minimum of two hours of training in suicide prevention via a
279     course that the division designates as approved;
280          (e) document successful completion of not less than 1,000 hours of supervised training
281     in mental health therapy obtained after completion of the education requirement described in
282     Subsection [(1)(c)(i) or (1)(c)(ii)] (1)(c), which training may be included as part of the 3,000
283     hours of training described in Subsection (1)(d), and of which documented evidence
284     demonstrates not less than [100] 75 of the supervised hours were obtained during direct,
285     personal supervision, as defined by rule, by a mental health therapist supervisor qualified under
286     Section 58-60-307;
287          (f) pass the examination requirement established by division rule under Section
288     58-1-203; and
289          (g) if the applicant is applying to participate in the Counseling Compact under Chapter
290     60a, Counseling Compact, consent to a criminal background check in accordance with Section
291     58-60-103.1 and any requirements established by division rule made in accordance with Title
292     63G, Chapter 3, Utah Administrative Rulemaking Act.
293          (2) (a) All applicants for licensure as an associate marriage and family therapist shall
294     comply with the provisions of Subsections (1)(a)[, (b), and] through (c).
295          (b) An individual's license as an associate marriage and family therapist is limited to
296     the period of time necessary to complete clinical training as described in Subsections (1)(d) and
297     (e) and extends not more than two years from the date the minimum requirement for training is
298     completed, unless the individual presents satisfactory evidence to the division and the
299     appropriate board that the individual is making reasonable progress toward passing of the
300     qualifying examination for that profession or is otherwise on a course reasonably expected to
301     lead to licensure, but the period of time under this Subsection (2)(b) may not exceed four years
302     past the date the minimum supervised clinical training requirement has been completed.
303          Ŝ→ [(3) (a) An applicant for licensure as a marriage and family therapist shall, after
304     completing the hours described in Subsections (1)(d) and (e), enter into a supervision☆
305     ☆agreement with a supervisor qualified under Section 58-60-307.
306          (b) A supervision agreement shall be for a term of at least six months.
307          (c) An applicant for licensure as a marriage and family therapist may be licensed
308     during the term of a supervision agreement if the individual meets the requirements for
309     licensure.
310          (d) A supervisor who enters into a supervision agreement with an applicant under
311     Subsection (3)(a) shall notify the division if the applicant fails to complete the term of the
312     supervision agreement.] ←Ŝ
313          Section 5. Section 58-60-405 is amended to read:
314          58-60-405. Qualifications for licensure.
315          (1) An applicant for licensure as a clinical mental health counselor shall:
316          (a) submit an application on a form provided by the division;
317          (b) pay a fee determined by the department under Section 63J-1-504;
318          (c) produce certified transcripts evidencing completion of:
319          (i) a master's or doctorate degree conferred to the applicant in:
320          (A) clinical mental health counseling, clinical rehabilitation counseling, counselor
321     education and supervision from a program accredited by the Council for Accreditation of
322     Counseling and Related Educational Programs; or
323          (B) clinical mental health counseling or an equivalent field from a program affiliated
324     with an institution that has accreditation that is recognized by the Council for Higher Education
325     Accreditation; and
326          (ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
327     an educational program described in Subsection (1)(c)(i);
328          (d) have completed a minimum of 3,000 hours of clinical mental health counselor
329     training as defined by division rule under Section 58-1-203:
330          [(i) in not less than two years;]
331          [(ii)] (i) under the supervision of a clinical mental health counselor, psychiatrist,
332     psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
333     marriage and family therapist supervisor approved by the division in collaboration with the
334     board;
335          [(iii)] (ii) obtained after completion of the education requirement in Subsection (1)(c);
336     and
337          [(iv)] (iii) including a minimum of two hours of training in suicide prevention via a
338     course that the division designates as approved;
339          (e) document successful completion of not less than 1,000 hours of supervised training
340     in mental health therapy obtained after completion of the education requirement in Subsection
341     (1)(c), which training may be included as part of the 3,000 hours of training in Subsection
342     (1)(d), and of which documented evidence demonstrates not less than [100] 75 of the hours
343     were obtained under the direct supervision of a mental health therapist, as defined by rule;
344          (f) pass the examination requirement established by division rule under Section
345     58-1-203; and
346          (g) if the applicant is applying to participate in the Counseling Compact under Chapter
347     60a, Counseling Compact, consent to a criminal background check in accordance with Section
348     58-60-103.1 and any requirements established by division rule made in accordance with Title
349     63G, Chapter 3, Utah Administrative Rulemaking Act.
350          (2) (a) An applicant for licensure as an associate clinical mental health counselor shall
351     comply with the provisions of Subsections (1)(a)[, (b), and] through (c).
352          (b) Except as provided under Subsection (2)(c), an individual's licensure as an
353     associate clinical mental health counselor is limited to the period of time necessary to complete
354     clinical training as described in Subsections (1)(d) and (e) and extends not more than two year
355     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 four
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.
363          (3) Notwithstanding Subsection (1)(c), an applicant satisfies the education requirement
364     described in Subsection (1)(c) if the applicant submits documentation verifying:
365          (a) satisfactory completion of a doctoral or master's degree from an educational
366     program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
367     and Related Educational Programs;
368          (b) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
369     hours of coursework related to an educational program described in Subsection (1)(c)(i); and
370          (c) that the applicant received a passing score that is valid and in good standing on:
371          (i) the National Counselor Examination; and
372          (ii) the National Clinical Mental Health Counseling Examination.
373          Ŝ→ [(4) (a) An applicant for licensure as a clinical mental health counselor shall, after
374     completing the hours described in Subsections (1)(d) and (e), enter into a supervision
375     agreement with a mental health therapist supervisor.
376          (b) A supervision agreement shall be for a term of at least six months.
377          (c) An applicant for licensure as a clinical mental health counselor may be licensed
378     during the term of a supervision agreement if the individual meets the requirements for
379     licensure.
380          (d) A supervisor who enters into a supervision agreement with an applicant under
381     Subsection (4)(a) shall notify the division if the applicant fails to complete the term of the
382     supervision agreement.] ←Ŝ