Representative Stephanie Gricius proposes the following substitute bill:


1     
MENTAL HEALTH PROFESSIONAL LICENSING AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Gricius

5     
Senate Sponsor: Michael K. McKell

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          ▸     removes restrictions on the provision of remote mental health therapy and remote
13     substance use disorder counseling, with certain conditions;
14          ▸     modifies requirements related to the training hours required for licensure as a:
15               •     clinical social worker;
16               •     marriage and family therapist; or
17               •     clinical mental health counselor; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          58-60-107, as last amended by Laws of Utah 2021, Chapter 313
26          58-60-205, as last amended by Laws of Utah 2022, Chapters 345, 466
27          58-60-207, as last amended by Laws of Utah 2020, Chapter 339
28          58-60-305, as last amended by Laws of Utah 2022, Chapters 345, 416 and 466
29          58-60-405, as last amended by Laws of Utah 2022, Chapters 345, 416 and 466
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 58-60-107 is amended to read:
33          58-60-107. Exemptions from licensure.
34          (1) Except as modified in Section 58-60-103, the exemptions from licensure in Section
35     58-1-307 apply to this chapter.
36          (2) In addition to the exemptions from licensure in Section 58-1-307, and except as
37     provided in Subsection (3), the following may engage in acts included within the definition of
38     practice as a mental health therapist, subject to the stated circumstances and limitations,
39     without being licensed under this chapter:
40          (a) the following when practicing within the scope of the license held:
41          (i) a physician and surgeon or osteopathic physician and surgeon licensed under
42     Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
43          (ii) an advanced practice registered nurse, specializing in psychiatric mental health
44     nursing, licensed under Chapter 31b, Nurse Practice Act;
45          (iii) a psychologist licensed under Chapter 61, Psychologist Licensing Act; and
46          (iv) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act,
47     and specializing in mental health care under Section 58-70a-501.1;
48          (b) a recognized member of the clergy while functioning in a ministerial capacity as
49     long as the member of the clergy does not represent that the member of the clergy is, or use the
50     title of, a license classification in Subsection 58-60-102(5);
51          (c) an individual who is offering expert testimony in a proceeding before a court,
52     administrative hearing, deposition upon the order of a court or other body having power to
53     order the deposition, or a proceeding before a master, referee, or alternative dispute resolution
54     provider;
55          (d) an individual engaged in performing hypnosis who is not licensed under this title in
56     a profession which includes hypnosis in its scope of practice, and who:
57          (i) (A) induces a hypnotic state in a client for the purpose of increasing motivation or
58     altering lifestyles or habits, such as eating or smoking, through hypnosis;
59          (B) consults with a client to determine current motivation and behavior patterns;
60          (C) prepares the client to enter hypnotic states by explaining how hypnosis works and
61     what the client will experience;
62          (D) tests clients to determine degrees of suggestibility;
63          (E) applies hypnotic techniques based on interpretation of consultation results and
64     analysis of client's motivation and behavior patterns; and
65          (F) trains clients in self-hypnosis conditioning;
66          (ii) may not:
67          (A) engage in the practice of mental health therapy;
68          (B) use the title of a license classification in Subsection 58-60-102(5); or
69          (C) use hypnosis with or treat a medical, psychological, or dental condition defined in
70     generally recognized diagnostic and statistical manuals of medical, psychological, or dental
71     disorders;
72          (e) an individual's exemption from licensure under Subsection 58-1-307(1)(b)
73     terminates when the student's training is no longer supervised by qualified faculty or staff and
74     the activities are no longer a defined part of the degree program;
75          (f) an individual holding an earned doctoral degree or master's degree in social work,
76     marriage and family therapy, or clinical mental health counseling, who is employed by an
77     accredited institution of higher education and who conducts research and teaches in that
78     individual's professional field, but only if the individual does not engage in providing or
79     supervising professional services regulated under this chapter to individuals or groups
80     regardless of whether there is compensation for the services;
81          (g) an individual in an on-the-job training program approved by the division while
82     under the supervision of qualified persons;
83          (h) an individual providing general education in the subjects of alcohol, drug use, or
84     substance use disorders, including prevention;
85          (i) an individual providing advice or counsel to another individual in a setting of their
86     association as friends or relatives and in a nonprofessional and noncommercial relationship, if
87     there is no compensation paid for the advice or counsel; and
88          (j) an individual who is licensed, in good standing, to practice mental health therapy or
89     substance use disorder counseling in a state or territory of the United States outside of Utah
90     may provide [short term transitional] mental health therapy remotely or [short term
91     transitional] substance use disorder counseling remotely to a client in Utah [only] if:
92          (i) the individual is present in the state or territory where the individual is licensed to
93     practice mental health therapy or substance use disorder counseling; and
94          [(ii) the client relocates to Utah;]
95          [(iii) the client is a client of the individual immediately before the client relocates to
96     Utah;]
97          [(iv) the individual provides the short term transitional mental health therapy or short
98     term transitional substance use disorder counseling remotely to the client only during the 45
99     day period beginning on the day on which the client relocates to Utah;]
100          [(v) within 10 days after the day on which the client relocates to Utah, the individual
101     provides written notice to the division of the individual's intent to provide short term
102     transitional mental health therapy or short term transitional substance use disorder counseling
103     remotely to the client; and]
104          [(vi)] (ii) the individual does not engage in unlawful conduct or unprofessional
105     conduct.
106          (3) (a) As used in this Subsection (3):
107          (i) "Prescribe" means the same as that term is defined in Section 58-17b-102.
108          (ii) "Prescription drug" means the same as that term is defined in Section 58-17b-102.
109          (b) Notwithstanding Subsection (2)(j), an individual who provides mental health
110     therapy remotely or substance use disorder counseling remotely to a client in Utah:
111          (i) may not prescribe a prescription drug for a client in Utah unless the individual is
112     licensed in Utah to prescribe the prescription drug;
113          (ii) shall, before providing mental health therapy remotely or substance use disorder
114     counseling remotely to a client in Utah, be aware of:
115          (A) how to access emergency mental health services and resources in Utah; and
116          (B) all applicable laws and rules regarding the required or permitted reporting or
117     disclosing of confidential client communications;
118          (iii) shall, within 10 days after the day on which the individual first provides mental
119     health therapy remotely or substance use disorder counseling remotely to a client in Utah,
120     submit to the division a signed notice, in the form required by the division, notifying the
121     division that the individual is providing therapy or counseling under the exemption in
122     Subsection (2)(j); and
123          (iv) shall obtain a license by endorsement under Section 58-60-115:
124          (A) within 12 months after the day on which the individual first provides mental health
125     therapy remotely or substance use disorder counseling remotely to a client in Utah; or
126          (B) if at any time the individual provides mental health therapy remotely or substance
127     use disorder counseling remotely to more than one client in Utah.
128          (4) The division shall report to the Health and Human Services Interim Committee at
129     or before the committee's October 2026 meeting regarding the exemption described in
130     Subsection (2)(j), including information about any complaints the division has received
131     concerning individuals who have provided therapy or counseling under that exemption.
132          Section 2. Section 58-60-205 is amended to read:
133          58-60-205. Qualifications for licensure or certification as a clinical social worker,
134     certified social worker, and social service worker.
135          (1) An applicant for licensure as a clinical social worker shall:
136          (a) submit an application on a form provided by the division;
137          (b) pay a fee determined by the department under Section 63J-1-504;
138          (c) produce certified transcripts from an accredited institution of higher education
139     recognized by the division in collaboration with the board verifying satisfactory completion of
140     an education and an earned degree as follows:
141          (i) a master's degree in a social work program accredited by the Council on Social
142     Work Education or by the Canadian Association of Schools of Social Work; or
143          (ii) a doctoral degree that contains a clinical social work concentration and practicum
144     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
145     Administrative Rulemaking Act, that is consistent with Section 58-1-203;
146          (d) have completed a minimum of 3,000 hours of clinical social work training as
147     defined by division rule under Section 58-1-203:
148          [(i) in not less than two years;]
149          [(ii)] (i) under the supervision of a supervisor approved by the division in collaboration
150     with the board who is a:
151          (A) clinical mental health counselor;
152          (B) psychiatrist;
153          (C) psychologist;
154          (D) registered psychiatric mental health nurse practitioner;
155          (E) marriage and family therapist; or
156          (F) clinical social worker; and
157          [(iii)] (ii) including a minimum of two hours of training in suicide prevention via a
158     course that the division designates as approved;
159          (e) document successful completion of not less than 1,000 hours of supervised training
160     in mental health therapy obtained after completion of the education requirement in Subsection
161     (1)(c), which training may be included as part of the 3,000 hours of training in Subsection
162     (1)(d), and of which documented evidence demonstrates not less than [100] 75 of the hours
163     were obtained under the direct supervision, as defined by rule, of a supervisor described in
164     Subsection [(1)(d)(ii)] (1)(d)(i);
165          (f) have completed a case work, group work, or family treatment course sequence with
166     a clinical practicum in content as defined by rule under Section 58-1-203;
167          (g) pass the examination requirement established by rule under Section 58-1-203; and
168          (h) if the applicant is applying to participate in the Counseling Compact under Chapter
169     60a, Counseling Compact, consent to a criminal background check in accordance with Section
170     58-60-103.1 and any requirements established by division rule made in accordance with Title
171     63G, Chapter 3, Utah Administrative Rulemaking Act.
172          (2) An applicant for licensure as a certified social worker shall:
173          (a) submit an application on a form provided by the division;
174          (b) pay a fee determined by the department under Section 63J-1-504;
175          (c) produce certified transcripts from an accredited institution of higher education
176     recognized by the division in collaboration with the board verifying satisfactory completion of
177     an education and an earned degree as follows:
178          (i) a master's degree in a social work program accredited by the Council on Social
179     Work Education or by the Canadian Association of Schools of Social Work; or
180          (ii) a doctoral degree that contains a clinical social work concentration and practicum
181     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
182     Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
183          (d) pass the examination requirement established by rule under Section 58-1-203.
184          (3) (a) An applicant for certification as a certified social worker intern shall meet the
185     requirements of Subsections (2)(a)[, (b), and] through (c).
186          (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
187     examination required under Subsection (2)(d) or six months, whichever occurs first.
188          (c) A certified social worker intern may provide mental health therapy under the
189     general supervision, as defined by rule, of a supervisor described in Subsection [(1)(d)(ii)]
190     (1)(d)(i).
191          (4) An applicant for licensure as a social service worker shall:
192          (a) submit an application on a form provided by the division;
193          (b) pay a fee determined by the department under Section 63J-1-504;
194          (c) produce certified transcripts from an accredited institution of higher education
195     recognized by the division in collaboration with the board verifying satisfactory completion of
196     an education and an earned degree as follows:
197          (i) a bachelor's degree in a social work program accredited by the Council on Social
198     Work Education or by the Canadian Association of Schools of Social Work;
199          (ii) a master's degree in a field approved by the division in collaboration with the
200     board;
201          (iii) a bachelor's degree in any field if the applicant:
202          (A) has completed at least three semester hours, or the equivalent, in each of the
203     following areas:
204          (I) social welfare policy;
205          (II) human growth and development; and
206          (III) social work practice methods, as defined by rule; and
207          (B) provides documentation that the applicant has completed at least 2,000 hours of
208     qualifying experience under the supervision of a mental health therapist, which experience is
209     approved by the division in collaboration with the board, and which is performed after
210     completion of the requirements to obtain the bachelor's degree required under this Subsection
211     (4); or
212          (iv) successful completion of the first academic year of a Council on Social Work
213     Education approved master's of social work curriculum and practicum; and
214          (d) pass the examination requirement established by rule under Section 58-1-203.
215          (5) The division shall ensure that the rules for an examination described under
216     Subsections (1)(g), (2)(d), and (4)(d) allow additional time to complete the examination if
217     requested by an applicant who is:
218          (a) a foreign born legal resident of the United States for whom English is a second
219     language; or
220          (b) an enrolled member of a federally recognized Native American tribe.
221          Section 3. Section 58-60-207 is amended to read:
222          58-60-207. Scope of practice -- Limitations.
223          (1) (a) A clinical social worker may engage in all acts and practices defined as the
224     practice of clinical social work without supervision, in private and independent practice, or as
225     an employee of another person, limited only by the licensee's education, training, and
226     competence.
227          (b) A clinical social worker may not supervise more than six individuals who are
228     lawfully engaged in training for the practice of mental health therapy, unless granted an
229     exception in writing from the division in collaboration with the board.
230          (2) To the extent an individual is professionally prepared by the education and training
231     track completed while earning a master's or doctor of social work degree, a licensed certified
232     social worker may engage in all acts and practices defined as the practice of certified social
233     work consistent with the licensee's education, clinical training, experience, and competence:
234          (a) under supervision of an individual described in Subsection [58-60-205(1)(d)(ii)]
235     58-60-205(1)(d)(i) and as an employee of another person when engaged in the practice of
236     mental health therapy;
237          (b) without supervision and in private and independent practice or as an employee of
238     another person, if not engaged in the practice of mental health therapy;
239          (c) including engaging in the private, independent, unsupervised practice of social
240     work as a self-employed individual, in partnership with other mental health therapists, as a
241     professional corporation, or in any other capacity or business entity, so long as he does not
242     practice unsupervised psychotherapy; and
243          (d) supervising social service workers as provided by division rule.
244          Section 4. Section 58-60-305 is amended to read:
245          58-60-305. Qualifications for licensure.
246          (1) All applicants for licensure as marriage and family therapists shall:
247          (a) submit an application on a form provided by the division;
248          (b) pay a fee determined by the department under Section 63J-1-504;
249          (c) produce certified transcripts evidencing completion of a masters or doctorate degree
250     in marriage and family therapy from:
251          (i) a program accredited by the Commission on Accreditation for Marriage and Family
252     Therapy Education; or
253          (ii) an accredited institution meeting criteria for approval established by rule under
254     Section 58-1-203;
255          (d) have completed a minimum of 3,000 hours of marriage and family therapy training
256     as defined by division rule under Section 58-1-203:
257          [(i) in not less than two years;]
258          [(ii)] (i) under the supervision of a mental health therapist supervisor who meets the
259     requirements of Section 58-60-307;
260          [(iii)] (ii) obtained after completion of the education requirement in Subsection (1)(c);
261     and
262          [(iv)] (iii) including a minimum of two hours of training in suicide prevention via a
263     course that the division designates as approved;
264          (e) document successful completion of not less than 1,000 hours of supervised training
265     in mental health therapy obtained after completion of the education requirement described in
266     Subsection [(1)(c)(i) or (1)(c)(ii)] (1)(c), which training may be included as part of the 3,000
267     hours of training described in Subsection (1)(d), and of which documented evidence
268     demonstrates not less than [100] 75 of the supervised hours were obtained during direct,
269     personal supervision, as defined by rule, by a mental health therapist supervisor qualified under
270     Section 58-60-307;
271          (f) pass the examination requirement established by division rule under Section
272     58-1-203; and
273          (g) if the applicant is applying to participate in the Counseling Compact under Chapter
274     60a, Counseling Compact, consent to a criminal background check in accordance with Section
275     58-60-103.1 and any requirements established by division rule made in accordance with Title
276     63G, Chapter 3, Utah Administrative Rulemaking Act.
277          (2) (a) All applicants for licensure as an associate marriage and family therapist shall
278     comply with the provisions of Subsections (1)(a)[, (b), and] through (c).
279          (b) An individual's license as an associate marriage and family therapist is limited to
280     the period of time necessary to complete clinical training as described in Subsections (1)(d) and
281     (e) and extends not more than two years from the date the minimum requirement for training is
282     completed, unless the individual presents satisfactory evidence to the division and the
283     appropriate board that the individual is making reasonable progress toward passing of the
284     qualifying examination for that profession or is otherwise on a course reasonably expected to
285     lead to licensure, but the period of time under this Subsection (2)(b) may not exceed four years
286     past the date the minimum supervised clinical training requirement has been completed.
287          Section 5. Section 58-60-405 is amended to read:
288          58-60-405. Qualifications for licensure.
289          (1) An applicant for licensure as a clinical mental health counselor shall:
290          (a) submit an application on a form provided by the division;
291          (b) pay a fee determined by the department under Section 63J-1-504;
292          (c) produce certified transcripts evidencing completion of:
293          (i) a master's or doctorate degree conferred to the applicant in:
294          (A) clinical mental health counseling, clinical rehabilitation counseling, counselor
295     education and supervision from a program accredited by the Council for Accreditation of
296     Counseling and Related Educational Programs; or
297          (B) clinical mental health counseling or an equivalent field from a program affiliated
298     with an institution that has accreditation that is recognized by the Council for Higher Education
299     Accreditation; and
300          (ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
301     an educational program described in Subsection (1)(c)(i);
302          (d) have completed a minimum of 3,000 hours of clinical mental health counselor
303     training as defined by division rule under Section 58-1-203:
304          [(i) in not less than two years;]
305          [(ii)] (i) under the supervision of a clinical mental health counselor, psychiatrist,
306     psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
307     marriage and family therapist supervisor approved by the division in collaboration with the
308     board;
309          [(iii)] (ii) obtained after completion of the education requirement in Subsection (1)(c);
310     and
311          [(iv)] (iii) including a minimum of two hours of training in suicide prevention via a
312     course that the division designates as approved;
313          (e) document successful completion of not less than 1,000 hours of supervised training
314     in mental health therapy obtained after completion of the education requirement in Subsection
315     (1)(c), which training may be included as part of the 3,000 hours of training in Subsection
316     (1)(d), and of which documented evidence demonstrates not less than [100] 75 of the hours
317     were obtained under the direct supervision of a mental health therapist, as defined by rule;
318          (f) pass the examination requirement established by division rule under Section
319     58-1-203; and
320          (g) if the applicant is applying to participate in the Counseling Compact under Chapter
321     60a, Counseling Compact, consent to a criminal background check in accordance with Section
322     58-60-103.1 and any requirements established by division rule made in accordance with Title
323     63G, Chapter 3, Utah Administrative Rulemaking Act.
324          (2) (a) An applicant for licensure as an associate clinical mental health counselor shall
325     comply with the provisions of Subsections (1)(a)[, (b), and] through (c).
326          (b) Except as provided under Subsection (2)(c), an individual's licensure as an
327     associate clinical mental health counselor is limited to the period of time necessary to complete
328     clinical training as described in Subsections (1)(d) and (e) and extends not more than two year
329     from the date the minimum requirement for training is completed.
330          (c) The time period under Subsection (2)(b) may be extended to a maximum of four
331     years past the date the minimum supervised clinical training requirement has been completed,
332     if the applicant presents satisfactory evidence to the division and the appropriate board that the
333     individual is:
334          (i) making reasonable progress toward passing of the qualifying examination for that
335     profession; or
336          (ii) otherwise on a course reasonably expected to lead to licensure.
337          (3) Notwithstanding Subsection (1)(c), an applicant satisfies the education requirement
338     described in Subsection (1)(c) if the applicant submits documentation verifying:
339          (a) satisfactory completion of a doctoral or master's degree from an educational
340     program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
341     and Related Educational Programs;
342          (b) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
343     hours of coursework related to an educational program described in Subsection (1)(c)(i); and
344          (c) that the applicant received a passing score that is valid and in good standing on:
345          (i) the National Counselor Examination; and
346          (ii) the National Clinical Mental Health Counseling Examination.