Representative Stewart E. Barlow proposes the following substitute bill:


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LICENSED SCHOOL PSYCHOLOGICAL PRACTITIONER

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AMENDMENTS

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2023 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Stewart E. Barlow

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Senate Sponsor: Ann Millner

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8     LONG TITLE
9     General Description:
10          This bill enacts provisions relating to the licensure of a licensed school psychological
11     practitioner.
12     Highlighted Provisions:
13          This bill:
14          ▸     creates a new license category under the Psychologist Licensing Act for a licensed
15     school psychological practitioner;
16          ▸     defines the scope of practice for a licensed school psychological practitioner; and
17          ▸     specifies the requirements to receive a license as a licensed school psychological
18     practitioner.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          58-61-301, as last amended by Laws of Utah 2001, Chapter 281

26          58-61-304, as last amended by Laws of Utah 2020, Chapter 339
27          58-61-308, as enacted by Laws of Utah 2001, Chapter 281
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 58-61-301 is amended to read:
31          58-61-301. Licensure required.
32          (1) (a) A license is required to engage in the practice of psychology, except as
33     specifically provided in Section 58-1-307.
34          (b) Notwithstanding the provisions of Subsection 58-1-307(1)(c) an individual shall be
35     certified under this chapter as a psychology resident in order to engage in a residency program
36     of supervised clinical training necessary to meet licensing requirements as a psychologist under
37     this chapter.
38          (2) The division shall issue to a person who qualifies under this chapter a license in the
39     classification of:
40          (a) psychologist; [or]
41          (b) certified psychology resident[.]; or
42          (c) licensed school psychological practitioner.
43          Section 2. Section 58-61-304 is amended to read:
44          58-61-304. Qualifications for licensure by examination or endorsement.
45          (1) An applicant for licensure as a psychologist based upon education, clinical training,
46     and examination shall:
47          (a) submit an application on a form provided by the division;
48          (b) pay a fee determined by the department under Section 63J-1-504;
49          (c) produce certified transcripts of credit verifying satisfactory completion of a doctoral
50     degree in psychology that includes specific core course work established by division rule under
51     Section 58-1-203, from an institution of higher education whose doctoral program, at the time
52     the applicant received the doctoral degree, met approval criteria established by division rule
53     made in consultation with the board;
54          (d) have completed a minimum of 4,000 hours of psychology training as defined by
55     division rule under Section 58-1-203 in not less than two years and under the supervision of a
56     psychologist supervisor approved by the division in collaboration with the board;

57          (e) to be qualified to engage in mental health therapy, document successful completion
58     of not less than 1,000 hours of supervised training in mental health therapy obtained after
59     completion of a master's level of education in psychology, which training may be included as
60     part of the 4,000 hours of training required in Subsection (1)(d), and for which documented
61     evidence demonstrates not less than one hour of supervision for each 40 hours of supervised
62     training was obtained under the direct supervision of a psychologist, as defined by rule;
63          (f) pass the examination requirement established by division rule under Section
64     58-1-203;
65          (g) consent to a criminal background check in accordance with Section 58-61-304.1
66     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
67     Administrative Rulemaking Act; and
68          (h) meet with the board, upon request for good cause, for the purpose of evaluating the
69     applicant's qualifications for licensure.
70          (2) An applicant for licensure as a psychologist by endorsement based upon licensure
71     in another jurisdiction shall:
72          (a) submit an application on a form provided by the division;
73          (b) pay a fee determined by the department under Section 63J-1-504;
74          (c) not have any disciplinary action pending or in effect against the applicant's
75     psychologist license in any jurisdiction;
76          (d) have passed the Utah Psychologist Law and Ethics Examination established by
77     division rule;
78          (e) provide satisfactory evidence the applicant is currently licensed in another state,
79     district, or territory of the United States, or in any other jurisdiction approved by the division in
80     collaboration with the board;
81          (f) provide satisfactory evidence the applicant has actively practiced psychology in that
82     jurisdiction for not less than 2,000 hours or one year, whichever is greater;
83          (g) provide satisfactory evidence that:
84          (i) the education, supervised experience, examination, and all other requirements for
85     licensure in that jurisdiction at the time the applicant obtained licensure were substantially
86     equivalent to the licensure requirements for a psychologist in Utah at the time the applicant
87     obtained licensure in the other jurisdiction; or

88          (ii) the applicant is:
89          (A) a current holder of Board Certified Specialist status in good standing from the
90     American Board of Professional Psychology;
91          (B) currently credentialed as a health service provider in psychology by the National
92     Register of Health Service Providers in Psychology; or
93          (C) currently holds a Certificate of Professional Qualification (CPQ) granted by the
94     Association of State and Provincial Psychology Boards;
95          (h) consent to a criminal background check in accordance with Section 58-61-304.1
96     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
97     Administrative Rulemaking Act; and
98          (i) meet with the board, upon request for good cause, for the purpose of evaluating the
99     applicant's qualifications for licensure.
100          (3) (a) An applicant for certification as a psychology resident shall comply with the
101     provisions of Subsections (1)(a), (b), (c), (g), and (h).
102          (b) (i) An individual's certification as a psychology resident is limited to the period of
103     time necessary to complete clinical training as described in Subsections (1)(d) and (e) and
104     extends not more than one year from the date the minimum requirement for training is
105     completed, unless the individual presents satisfactory evidence to the division and the
106     Psychologist Licensing Board that the individual is making reasonable progress toward passing
107     the qualifying examination or is otherwise on a course reasonably expected to lead to licensure
108     as a psychologist.
109          (ii) The period of time under Subsection (3)(b)(i) may not exceed two years past the
110     date the minimum supervised clinical training requirement has been completed.
111          (4) An applicant for licensure as a licensed school psychological practitioner shall:
112          (a) submit an application on a form provided by the division;
113          (b) pay a fee determined by the department under Section 63J-1-504;
114          (c) produce certified transcripts of credit verifying satisfactory completion of a masters
115     degree or equivalent certification program approved by the division that:
116          (i) consists of at least 60 semester hours or 90 quarter hours in school psychology at an
117     accredited institution; and
118          (ii) includes training in at least the following topics:

119          (A) understanding the organization, administration, and operation of schools, the major
120     roles of personnel employed in schools, and curriculum development;
121          (B) directing psychological and psycho-educational assessments and intervention
122     including all areas of exceptionality;
123          (C) individual and group intervention and remediation techniques, including
124     consulting, behavioral methods, counseling, and primary prevention;
125          (D) understanding the ethical and professional practice and legal issues related to the
126     work of school psychologists;
127          (E) social psychology, including interpersonal relations, communications, and
128     consultation with students, parents, and professional personnel;
129          (F) coordination and work with community-school relations and multicultural
130     education programs and assessments; and
131          (G) the use and evaluation of tests and measurements, developmental psychology,
132     affective and cognitive processes, social and biological bases of behavior, personality, and
133     psychopathology;
134          (d) evidence demonstrating that the applicant has:
135          (i) completed a one school year internship, or the equivalent, with a minimum of 1,200
136     clock hours in school psychology, at least 600 hours of which shall be in a school setting or a
137     setting with an educational component; and
138          (ii) completed at least five years of successful experience as a school psychologist in
139     the state; and
140          (e) a recommendation from:
141          (i) the institution that the applicant attended under Subsection (4)(c); and
142          (ii) one or more local education agencies, as defined in Section 53E-1-102, that
143     employed the applicant as a school psychologist for the period described in Subsection
144     (4)(d)(ii).
145          Section 3. Section 58-61-308 is amended to read:
146          58-61-308. Scope of practice -- Limitations.
147          (1) [A] An individual licensed as a psychologist may engage in all acts and practices
148     defined as the practice of psychology without supervision, in private and independent practice,
149     or as an employee of another person, limited only by the licensee's education, training, and

150     competence.
151          (2) An individual certified as a psychology resident may engage in all acts and
152     practices defined as the practice of psychology only under conditions of employment as a
153     psychology resident and under the supervision of a licensed psychologist who is an approved
154     psychology training supervisor as defined by division rule. A certified psychology resident
155     shall not engage in the independent practice of psychology.
156          (3) (a) An individual licensed as a licensed school psychological practitioner may
157     provide services outside of a school setting if the services are:
158          (i) provided in accordance with the most recent professional standards adopted by the
159     National Association of School Psychologists; and
160          (ii) related to:
161          (A) academic, behavioral, and mental health support;
162          (B) academic evaluation, assessment, and data analysis; or
163          (C) consultation with educators or families.
164          (b) An individual licensed as a licensed school psychological practitioner may not
165     engage in diagnosing, the practice of mental health therapy, psychological evaluation,
166     neuropsychological assessment, or neuropsychological evaluation.