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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Social Worker Licensing Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ removes an examination requirement for licensure as a certified social worker or
13 social service worker;
14 ▸ repeals provisions creating and related to the position of certified social worker
15 intern;
16 ▸ authorizes the Division of Professional Licensing (division) to make rules creating:
17 • a path to licensure as a certified social worker that includes an examination
18 requirement;
19 • a path to licensure as a social service worker that includes an examination
20 requirement; and
21 • a provisional clinical social worker license;
22 ▸ provides requirements that the division must include in rule for a provisional
23 clinical social worker who applies for licensure as a clinical social worker; and
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 53E-3-524, as enacted by Laws of Utah 2022, Chapter 329
32 58-60-204, as last amended by Laws of Utah 2003, Chapter 201
33 58-60-205, as last amended by Laws of Utah 2022, Chapters 345, 466
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35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53E-3-524 is amended to read:
37 53E-3-524. Newcomer student and foreign exchange student transcript
38 repository.
39 (1) As used in this section:
40 (a) "Newcomer student" means a student who:
41 (i) is three through 21 years old;
42 (ii) was not born in any state; and
43 (iii) has not attended one or more schools in one or more states for more than three full
44 academic years.
45 (b) "Qualified social service provider" means a social service provider that works
46 directly with a student's family.
47 (c) "Repository" means the online transcript repository described in Subsection (2).
48 (d) "Social service provider" means:
49 (i) one of the following professionals, licensed to practice under Section 58-60-205:
50 (A) a clinical social worker;
51 (B) a certified social worker; or
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54 (ii) staff employed to provide direct support to a professional described in Subsection
55 (1)(d)(i).
56 (e) "State" means:
57 (i) a state of the United States;
58 (ii) the District of Columbia; or
59 (iii) the Commonwealth of Puerto Rico.
60 (f) "Student" means an individual who is enrolled in:
61 (i) a public school within the state of Utah; and
62 (ii) any grade from kindergarten through grade 12.
63 (g) (i) "Transcript" means documentation of a newcomer student's or foreign exchange
64 student's prior educational experience.
65 (ii) "Transcript" includes oral representations about prior educational experience that a
66 school or an LEA documents.
67 (2) On or before July 1, 2024, the state board shall establish and maintain, as part of
68 the Utah school information management system described in Section 53E-3-518, an online
69 repository for transcripts.
70 (3) The state board shall:
71 (a) ensure that the repository provides a central location for:
72 (i) an LEA to upload transcripts; and
73 (ii) LEAs and qualified service providers to share information regarding transcripts,
74 including:
75 (A) best practices for linguistic interpretation;
76 (B) interpretation of educational experiences; and
77 (C) placement of newcomer students;
78 (b) ensure that use of the repository:
79 (i) is voluntary; and
80 (ii) complies with all state and federal student privacy requirements, including:
81 (A) Title 53E, Chapter 9, Student Privacy and Data Protection; and
82 (B) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
83 (c) provide the repository at no cost to LEAs;
84 (d) provide access to the repository to qualified social service providers;
85 (e) establish appropriate access protocols in coordination with LEAs and qualified
86 social service providers; and
87 (f) annually, before the school enrollment period begins, provide notice of the
88 repository to interested parties that the state board designates in state board rule.
89 (4) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
90 Administrative Rulemaking Act, to implement this section, including rules:
91 (a) establishing procedures:
92 (i) to protect student data related to the repository in compliance with Title 53E,
93 Chapter 9, Student Privacy and Data Protection; and
94 (ii) for the use of the repository by the state board, LEAs, and qualified social service
95 providers;
96 (b) requiring repository users to enter into a data sharing agreement; and
97 (c) designating the interested parties described in Subsection (3)(f).
98 Section 2. Section 58-60-204 is amended to read:
99 58-60-204. License classifications.
100 The division shall issue licenses and certifications to individuals qualified under this
101 part in the classifications:
102 (1) clinical social worker;
103 (2) certified social worker; and
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106 Section 3. Section 58-60-205 is amended to read:
107 58-60-205. Qualifications for licensure or certification as a clinical social worker,
108 certified social worker, and social service worker.
109 (1) An applicant for licensure as a clinical social worker shall:
110 (a) submit an application on a form provided by the division;
111 (b) pay a fee determined by the department under Section 63J-1-504;
112 (c) produce certified transcripts from an accredited institution of higher education
113 recognized by the division in collaboration with the board verifying satisfactory completion of
114 an education and an earned degree as follows:
115 (i) a master's degree in a social work program accredited by the Council on Social
116 Work Education or by the Canadian Association of Schools of Social Work; or
117 (ii) a doctoral degree that contains a clinical social work concentration and practicum
118 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
119 Administrative Rulemaking Act, that is consistent with Section 58-1-203;
120 (d) have completed a minimum of 3,000 hours of clinical social work training as
121 defined by division rule under Section 58-1-203:
122 (i) in not less than two years;
123 (ii) under the supervision of a supervisor approved by the division in collaboration with
124 the board who is a:
125 (A) clinical mental health counselor;
126 (B) psychiatrist;
127 (C) psychologist;
128 (D) registered psychiatric mental health nurse practitioner;
129 (E) marriage and family therapist; or
130 (F) clinical social worker; and
131 (iii) including a minimum of two hours of training in suicide prevention via a course
132 that the division designates as approved;
133 (e) document successful completion of not less than 1,000 hours of supervised training
134 in mental health therapy obtained after completion of the education requirement in Subsection
135 (1)(c), which training may be included as part of the 3,000 hours of training in Subsection
136 (1)(d), and of which documented evidence demonstrates not less than 100 of the hours were
137 obtained under the direct supervision, as defined by rule, of a supervisor described in
138 Subsection (1)(d)(ii);
139 (f) have completed a case work, group work, or family treatment course sequence with
140 a clinical practicum in content as defined by rule under Section 58-1-203;
141 (g) except as provided in Subsection (6), pass the examination requirement established
142 by rule under Section 58-1-203; and
143 (h) if the applicant is applying to participate in the Counseling Compact under Chapter
144 60a, Counseling Compact, consent to a criminal background check in accordance with Section
145 58-60-103.1 and any requirements established by division rule made in accordance with Title
146 63G, Chapter 3, Utah Administrative Rulemaking Act.
147 (2) An applicant for licensure as a certified social worker shall:
148 (a) submit an application on a form provided by the division;
149 (b) pay a fee determined by the department under Section 63J-1-504; and
150 (c) produce certified transcripts from an accredited institution of higher education
151 recognized by the division in collaboration with the board verifying satisfactory completion of
152 an education and an earned degree as follows:
153 (i) a master's degree in a social work program accredited by the Council on Social
154 Work Education or by the Canadian Association of Schools of Social Work; or
155 (ii) a doctoral degree that contains a clinical social work concentration and practicum
156 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
157 Administrative Rulemaking Act, that is consistent with Section 58-1-203[
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166 (a) submit an application on a form provided by the division;
167 (b) pay a fee determined by the department under Section 63J-1-504; and
168 (c) produce certified transcripts from an accredited institution of higher education
169 recognized by the division in collaboration with the board verifying satisfactory completion of
170 an education and an earned degree as follows:
171 (i) a bachelor's degree in a social work program accredited by the Council on Social
172 Work Education or by the Canadian Association of Schools of Social Work;
173 (ii) a master's degree in a field approved by the division in collaboration with the
174 board;
175 (iii) a bachelor's degree in any field if the applicant:
176 (A) has completed at least three semester hours, or the equivalent, in each of the
177 following areas:
178 (I) social welfare policy;
179 (II) human growth and development; and
180 (III) social work practice methods, as defined by rule; and
181 (B) provides documentation that the applicant has completed at least 2,000 hours of
182 qualifying experience under the supervision of a mental health therapist, which experience is
183 approved by the division in collaboration with the board, and which is performed after
184 completion of the requirements to obtain the bachelor's degree required under this Subsection
185 (4); or
186 (iv) successful completion of the first academic year of a Council on Social Work
187 Education approved master's of social work curriculum and practicum[
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191 examination if requested by an applicant who is:
192 (a) a foreign born legal resident of the United States for whom English is a second
193 language; or
194 (b) an enrolled member of a federally recognized Native American tribe.
195 (5) By rule made in accordance with Title 63G, Chapter 3, Utah Administrative
196 Rulemaking Act, and subject to Section 58-1-203, the division may:
197 (a) create a path to licensure as a social service worker that includes, in addition to the
198 requirements in Subsection (2), an examination requirement;
199 (b) create a path to licensure as a certified social worker that includes, in addition to the
200 requirements in Subsection (3), an examination requirement; or
201 (c) create a provisional clinical social worker license that may be issued to an applicant
202 who:
203 (i) has applied for licensure as a clinical social worker;
204 (ii) speaks English as a second language;
205 (iii) has not obtained a passing score on the examination described in Subsection
206 (1)(g); and
207 (iv) otherwise meets all the requirements for licensure as a clinical social worker.
208 (6) If the division creates a provisional clinical social worker license pursuant to
209 Subsection (5)(c), the division shall also make rules in accordance with Title 63G, Chapter 3,
210 Utah Administrative Rulemaking Act, and subject to Section 58-1-203, creating a path to
211 licensure as a clinical social worker for an individual:
212 (a) who is issued a provisional clinical social worker license;
213 (b) who demonstrates competence by completing a minimum of 2,000 hours of
214 supervised clinical social work practice, as defined by division rule; and
215 (c) whose ability to practice competently and ethically is attested to by a supervisor
216 who supervised the individual's clinical social work practice under Subsection (6)(b).