1
2
3
4
5
6
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 ▸ removes restrictions on the provision of remote mental health therapy and substance
14 use disorder counseling, with certain conditions;
15 ▸ modifies requirements related to the training hours required for licensure as a:
16 • clinical social worker;
17 • marriage and family therapist; or
18 • clinical mental health counselor;
19 ▸ requires an applicant for licensure as a clinical social worker, marriage and family
20 therapist, or clinical mental health counselor to enter into a supervision agreement
21 after completing supervised training hours; and
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 58-60-107, as last amended by Laws of Utah 2021, Chapter 313
30 58-60-205, as last amended by Laws of Utah 2022, Chapters 345, 466
31 58-60-207, as last amended by Laws of Utah 2020, Chapter 339
32 58-60-305, as last amended by Laws of Utah 2022, Chapters 345, 416 and 466
33 58-60-405, as last amended by Laws of Utah 2022, Chapters 345, 416 and 466
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 58-60-107 is amended to read:
37 58-60-107. Exemptions from licensure.
38 (1) Except as modified in Section 58-60-103, the exemptions from licensure in Section
39 58-1-307 apply to this chapter.
40 (2) In addition to the exemptions from licensure in Section 58-1-307, and as provided
41 in Subsection (3), the following may engage in acts included within the definition of practice as
42 a mental health therapist, subject to the stated circumstances and limitations, without being
43 licensed under this chapter:
44 (a) the following when practicing within the scope of the license held:
45 (i) a physician and surgeon or osteopathic physician and surgeon licensed under
46 Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
47 (ii) an advanced practice registered nurse, specializing in psychiatric mental health
48 nursing, licensed under Chapter 31b, Nurse Practice Act;
49 (iii) a psychologist licensed under Chapter 61, Psychologist Licensing Act; and
50 (iv) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act,
51 and specializing in mental health care under Section 58-70a-501.1;
52 (b) a recognized member of the clergy while functioning in a ministerial capacity as
53 long as the member of the clergy does not represent that the member of the clergy is, or use the
54 title of, a license classification in Subsection 58-60-102(5);
55 (c) an individual who is offering expert testimony in a proceeding before a court,
56 administrative hearing, deposition upon the order of a court or other body having power to
57 order the deposition, or a proceeding before a master, referee, or alternative dispute resolution
58 provider;
59 (d) an individual engaged in performing hypnosis who is not licensed under this title in
60 a profession which includes hypnosis in its scope of practice, and who:
61 (i) (A) induces a hypnotic state in a client for the purpose of increasing motivation or
62 altering lifestyles or habits, such as eating or smoking, through hypnosis;
63 (B) consults with a client to determine current motivation and behavior patterns;
64 (C) prepares the client to enter hypnotic states by explaining how hypnosis works and
65 what the client will experience;
66 (D) tests clients to determine degrees of suggestibility;
67 (E) applies hypnotic techniques based on interpretation of consultation results and
68 analysis of client's motivation and behavior patterns; and
69 (F) trains clients in self-hypnosis conditioning;
70 (ii) may not:
71 (A) engage in the practice of mental health therapy;
72 (B) use the title of a license classification in Subsection 58-60-102(5); or
73 (C) use hypnosis with or treat a medical, psychological, or dental condition defined in
74 generally recognized diagnostic and statistical manuals of medical, psychological, or dental
75 disorders;
76 (e) an individual's exemption from licensure under Subsection 58-1-307(1)(b)
77 terminates when the student's training is no longer supervised by qualified faculty or staff and
78 the activities are no longer a defined part of the degree program;
79 (f) an individual holding an earned doctoral degree or master's degree in social work,
80 marriage and family therapy, or clinical mental health counseling, who is employed by an
81 accredited institution of higher education and who conducts research and teaches in that
82 individual's professional field, but only if the individual does not engage in providing or
83 supervising professional services regulated under this chapter to individuals or groups
84 regardless of whether there is compensation for the services;
85 (g) an individual in an on-the-job training program approved by the division while
86 under the supervision of qualified persons;
87 (h) an individual providing general education in the subjects of alcohol, drug use, or
88 substance use disorders, including prevention;
89 (i) an individual providing advice or counsel to another individual in a setting of their
90 association as friends or relatives and in a nonprofessional and noncommercial relationship, if
91 there is no compensation paid for the advice or counsel; and
92 (j) an individual who is licensed, in good standing, as a physician and surgeon or as an
93 osteopathic physician and surgeon to practice [
94
95 in the practice of mental health therapy, may provide short term transitional mental health
96 therapy remotely [
97 client in Utah [
98 (i) the individual is present in the state or territory where the individual is licensed to
99 practice mental health therapy [
100 (ii) the client relocates to Utah;
101 (iii) the client is a client of the individual immediately before the client relocates to
102 Utah;
103 (iv) the individual provides the short term transitional mental health therapy [
104
105 90 day period beginning on the day on which the client relocates to Utah;
106 (v) within [
107 first provides mental health therapy remotely to the client in Utah, the individual provides
108 written notice to the division of the individual's intent to provide short term transitional mental
109 health therapy [
110 client; and
111 (vi) the individual does not engage in unlawful conduct or unprofessional conduct.
112 (3) (a) As used in this Subsection (3):
113 (i) "Prescribe" means the same as that term is defined in Section 58-17b-102.
114 (ii) "Prescription drug" means the same as that term is defined in Section 58-17b-102.
115 (b) Except as provided in Subsection (2)(j) for a physician and surgeon or an
116 osteopathic physician and surgeon, an individual who is not licensed in Utah and who provides
117 mental health therapy remotely or substance use disorder counseling remotely to a client in
118 Utah:
119 (i) may not prescribe a prescription drug for a client in Utah unless the individual is
120 licensed in Utah to prescribe the prescription drug;
121 (ii) shall, before providing mental health therapy remotely or substance use disorder
122 counseling remotely to a client in Utah, be aware of:
123 (A) how to access emergency services and resources in Utah; and
124 (B) all applicable laws and rules regarding the required or permitted reporting or
125 disclosing of confidential client communications;
126 (iii) shall, within one day after the day on which the individual first provides mental
127 health therapy remotely or substance use disorder counseling remotely to a client in Utah,
128 submit to the division a signed notice, in the form required by the division, notifying the
129 division that the individual is providing therapy or counseling under the exemption in
130 Subsection (2)(j); and
131 (iv) shall obtain a Utah license:
132 (A) within nine months after the day on which the individual first provides mental
133 health therapy remotely or substance use disorder counseling remotely to a client in Utah; or
134 (B) if at any time the individual provides mental health therapy remotely or substance
135 use disorder counseling remotely to more than one client in Utah.
136 (4) The division shall report to the Health and Human Services Interim Committee at
137 or before the committee's October 2026 meeting regarding the exemption described in
138 Subsection (2)(j), including information about any complaints the division has received
139 concerning individuals who have provided therapy or counseling under that exemption.
140 Section 2. Section 58-60-205 is amended to read:
141 58-60-205. Qualifications for licensure or certification as a clinical social worker,
142 certified social worker, and social service worker.
143 (1) An applicant for licensure as a clinical social worker shall:
144 (a) submit an application on a form provided by the division;
145 (b) pay a fee determined by the department under Section 63J-1-504;
146 (c) produce certified transcripts from an accredited institution of higher education
147 recognized by the division in collaboration with the board verifying satisfactory completion of
148 an education and an earned degree as follows:
149 (i) a master's degree in a social work program accredited by the Council on Social
150 Work Education or by the Canadian Association of Schools of Social Work; or
151 (ii) a doctoral degree that contains a clinical social work concentration and practicum
152 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
153 Administrative Rulemaking Act, that is consistent with Section 58-1-203;
154 (d) have completed a minimum of 3,000 hours of clinical social work training as
155 defined by division rule under Section 58-1-203:
156 [
157 [
158 with the board who is a:
159 (A) clinical mental health counselor;
160 (B) psychiatrist;
161 (C) psychologist;
162 (D) registered psychiatric mental health nurse practitioner;
163 (E) marriage and family therapist; or
164 (F) clinical social worker; and
165 [
166 course that the division designates as approved;
167 (e) document successful completion of not less than 1,000 hours of supervised training
168 in mental health therapy obtained after completion of the education requirement in Subsection
169 (1)(c), which training may be included as part of the 3,000 hours of training in Subsection
170 (1)(d), and of which documented evidence demonstrates not less than [
171 were obtained under the direct supervision, as defined by rule, of a supervisor described in
172 Subsection [
173 (f) have completed a case work, group work, or family treatment course sequence with
174 a clinical practicum in content as defined by rule under Section 58-1-203;
175 (g) pass the examination requirement established by rule under Section 58-1-203; and
176 (h) if the applicant is applying to participate in the Counseling Compact under Chapter
177 60a, Counseling Compact, consent to a criminal background check in accordance with Section
178 58-60-103.1 and any requirements established by division rule made in accordance with Title
179 63G, Chapter 3, Utah Administrative Rulemaking Act.
180 (2) An applicant for licensure as a certified social worker shall:
181 (a) submit an application on a form provided by the division;
182 (b) pay a fee determined by the department under Section 63J-1-504;
183 (c) produce certified transcripts from an accredited institution of higher education
184 recognized by the division in collaboration with the board verifying satisfactory completion of
185 an education and an earned degree as follows:
186 (i) a master's degree in a social work program accredited by the Council on Social
187 Work Education or by the Canadian Association of Schools of Social Work; or
188 (ii) a doctoral degree that contains a clinical social work concentration and practicum
189 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
190 Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
191 (d) pass the examination requirement established by rule under Section 58-1-203.
192 (3) (a) An applicant for certification as a certified social worker intern shall meet the
193 requirements of Subsections (2)(a)[
194 (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
195 examination required under Subsection (2)(d) or six months, whichever occurs first.
196 (c) A certified social worker intern may provide mental health therapy under the
197 general supervision, as defined by rule, of a supervisor described in Subsection [
198 (1)(d)(i).
199 (4) An applicant for licensure as a social service worker shall:
200 (a) submit an application on a form provided by the division;
201 (b) pay a fee determined by the department under Section 63J-1-504;
202 (c) produce certified transcripts from an accredited institution of higher education
203 recognized by the division in collaboration with the board verifying satisfactory completion of
204 an education and an earned degree as follows:
205 (i) a bachelor's degree in a social work program accredited by the Council on Social
206 Work Education or by the Canadian Association of Schools of Social Work;
207 (ii) a master's degree in a field approved by the division in collaboration with the
208 board;
209 (iii) a bachelor's degree in any field if the applicant:
210 (A) has completed at least three semester hours, or the equivalent, in each of the
211 following areas:
212 (I) social welfare policy;
213 (II) human growth and development; and
214 (III) social work practice methods, as defined by rule; and
215 (B) provides documentation that the applicant has completed at least 2,000 hours of
216 qualifying experience under the supervision of a mental health therapist, which experience is
217 approved by the division in collaboration with the board, and which is performed after
218 completion of the requirements to obtain the bachelor's degree required under this Subsection
219 (4); or
220 (iv) successful completion of the first academic year of a Council on Social Work
221 Education approved master's of social work curriculum and practicum; and
222 (d) pass the examination requirement established by rule under Section 58-1-203.
223 (5) The division shall ensure that the rules for an examination described under
224 Subsections (1)(g), (2)(d), and (4)(d) allow additional time to complete the examination if
225 requested by an applicant who is:
226 (a) a foreign born legal resident of the United States for whom English is a second
227 language; or
228 (b) an enrolled member of a federally recognized Native American tribe.
229 (6) (a) An applicant for licensure as a clinical social worker shall, after completing the
230 hours described in Subsections (1)(d) and (e), enter into a supervision agreement with a
231 supervisor described in Subsection (1)(d)(i).
232 (b) A supervision agreement shall be for a term of at least six months.
233 (c) An applicant for licensure as a clinical social worker may be licensed during the
234 term of a supervision agreement if the individual meets the requirements for licensure.
235 Section 3. Section 58-60-207 is amended to read:
236 58-60-207. Scope of practice -- Limitations.
237 (1) (a) A clinical social worker may engage in all acts and practices defined as the
238 practice of clinical social work without supervision, in private and independent practice, or as
239 an employee of another person, limited only by the licensee's education, training, and
240 competence.
241 (b) A clinical social worker may not supervise more than six individuals who are
242 lawfully engaged in training for the practice of mental health therapy, unless granted an
243 exception in writing from the division in collaboration with the board.
244 (2) To the extent an individual is professionally prepared by the education and training
245 track completed while earning a master's or doctor of social work degree, a licensed certified
246 social worker may engage in all acts and practices defined as the practice of certified social
247 work consistent with the licensee's education, clinical training, experience, and competence:
248 (a) under supervision of an individual described in Subsection [
249 58-60-205(1)(d)(i) and as an employee of another person when engaged in the practice of
250 mental health therapy;
251 (b) without supervision and in private and independent practice or as an employee of
252 another person, if not engaged in the practice of mental health therapy;
253 (c) including engaging in the private, independent, unsupervised practice of social
254 work as a self-employed individual, in partnership with other mental health therapists, as a
255 professional corporation, or in any other capacity or business entity, so long as he does not
256 practice unsupervised psychotherapy; and
257 (d) supervising social service workers as provided by division rule.
258 Section 4. Section 58-60-305 is amended to read:
259 58-60-305. Qualifications for licensure.
260 (1) All applicants for licensure as marriage and family therapists shall:
261 (a) submit an application on a form provided by the division;
262 (b) pay a fee determined by the department under Section 63J-1-504;
263 (c) produce certified transcripts evidencing completion of a masters or doctorate degree
264 in marriage and family therapy from:
265 (i) a program accredited by the Commission on Accreditation for Marriage and Family
266 Therapy Education; or
267 (ii) an accredited institution meeting criteria for approval established by rule under
268 Section 58-1-203;
269 (d) have completed a minimum of 3,000 hours of marriage and family therapy training
270 as defined by division rule under Section 58-1-203:
271 [
272 [
273 requirements of Section 58-60-307;
274 [
275 and
276 [
277 course that the division designates as approved;
278 (e) document successful completion of not less than 1,000 hours of supervised training
279 in mental health therapy obtained after completion of the education requirement described in
280 Subsection [
281 hours of training described in Subsection (1)(d), and of which documented evidence
282 demonstrates not less than [
283 personal supervision, as defined by rule, by a mental health therapist supervisor qualified under
284 Section 58-60-307;
285 (f) pass the examination requirement established by division rule under Section
286 58-1-203; and
287 (g) if the applicant is applying to participate in the Counseling Compact under Chapter
288 60a, Counseling Compact, consent to a criminal background check in accordance with Section
289 58-60-103.1 and any requirements established by division rule made in accordance with Title
290 63G, Chapter 3, Utah Administrative Rulemaking Act.
291 (2) (a) All applicants for licensure as an associate marriage and family therapist shall
292 comply with the provisions of Subsections (1)(a)[
293 (b) An individual's license as an associate marriage and family therapist is limited to
294 the period of time necessary to complete clinical training as described in Subsections (1)(d) and
295 (e) and extends not more than two years from the date the minimum requirement for training is
296 completed, unless the individual presents satisfactory evidence to the division and the
297 appropriate board that the individual is making reasonable progress toward passing of the
298 qualifying examination for that profession or is otherwise on a course reasonably expected to
299 lead to licensure, but the period of time under this Subsection (2)(b) may not exceed four years
300 past the date the minimum supervised clinical training requirement has been completed.
301 (3) (a) An applicant for licensure as a marriage and family therapist shall, after
302 completing the hours described in Subsections (1)(d) and (e), enter into a supervision
303 agreement with a supervisor qualified under Section 58-60-307.
304 (b) A supervision agreement shall be for a term of at least six months.
305 (c) An applicant for licensure as a marriage and family therapist may be licensed
306 during the term of a supervision agreement if the individual meets the requirements for
307 licensure.
308 Section 5. Section 58-60-405 is amended to read:
309 58-60-405. Qualifications for licensure.
310 (1) An applicant for licensure as a clinical mental health counselor shall:
311 (a) submit an application on a form provided by the division;
312 (b) pay a fee determined by the department under Section 63J-1-504;
313 (c) produce certified transcripts evidencing completion of:
314 (i) a master's or doctorate degree conferred to the applicant in:
315 (A) clinical mental health counseling, clinical rehabilitation counseling, counselor
316 education and supervision from a program accredited by the Council for Accreditation of
317 Counseling and Related Educational Programs; or
318 (B) clinical mental health counseling or an equivalent field from a program affiliated
319 with an institution that has accreditation that is recognized by the Council for Higher Education
320 Accreditation; and
321 (ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
322 an educational program described in Subsection (1)(c)(i);
323 (d) have completed a minimum of 3,000 hours of clinical mental health counselor
324 training as defined by division rule under Section 58-1-203:
325 [
326 [
327 psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
328 marriage and family therapist supervisor approved by the division in collaboration with the
329 board;
330 [
331 and
332 [
333 course that the division designates as approved;
334 (e) document successful completion of not less than 1,000 hours of supervised training
335 in mental health therapy obtained after completion of the education requirement in Subsection
336 (1)(c), which training may be included as part of the 3,000 hours of training in Subsection
337 (1)(d), and of which documented evidence demonstrates not less than [
338 were obtained under the direct supervision of a mental health therapist, as defined by rule;
339 (f) pass the examination requirement established by division rule under Section
340 58-1-203; and
341 (g) if the applicant is applying to participate in the Counseling Compact under Chapter
342 60a, Counseling Compact, consent to a criminal background check in accordance with Section
343 58-60-103.1 and any requirements established by division rule made in accordance with Title
344 63G, Chapter 3, Utah Administrative Rulemaking Act.
345 (2) (a) An applicant for licensure as an associate clinical mental health counselor shall
346 comply with the provisions of Subsections (1)(a)[
347 (b) Except as provided under Subsection (2)(c), an individual's licensure as an
348 associate clinical mental health counselor is limited to the period of time necessary to complete
349 clinical training as described in Subsections (1)(d) and (e) and extends not more than two year
350 from the date the minimum requirement for training is completed.
351 (c) The time period under Subsection (2)(b) may be extended to a maximum of four
352 years past the date the minimum supervised clinical training requirement has been completed,
353 if the applicant presents satisfactory evidence to the division and the appropriate board that the
354 individual is:
355 (i) making reasonable progress toward passing of the qualifying examination for that
356 profession; or
357 (ii) otherwise on a course reasonably expected to lead to licensure.
358 (3) Notwithstanding Subsection (1)(c), an applicant satisfies the education requirement
359 described in Subsection (1)(c) if the applicant submits documentation verifying:
360 (a) satisfactory completion of a doctoral or master's degree from an educational
361 program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
362 and Related Educational Programs;
363 (b) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
364 hours of coursework related to an educational program described in Subsection (1)(c)(i); and
365 (c) that the applicant received a passing score that is valid and in good standing on:
366 (i) the National Counselor Examination; and
367 (ii) the National Clinical Mental Health Counseling Examination.
368 (4) (a) An applicant for licensure as a clinical mental health counselor shall, after
369 completing the hours described in Subsections (1)(d) and (e), enter into a supervision
370 agreement with a mental health therapist supervisor.
371 (b) A supervision agreement shall be for a term of at least six months.
372 (c) An applicant for licensure as a clinical mental health counselor may be licensed
373 during the term of a supervision agreement if the individual meets the requirements for
374 licensure.