Senator Curtis S. Bramble proposes the following substitute bill:


1     
BEHAVIORAL HEALTH LICENSING AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: A. Cory Maloy

6     

7     LONG TITLE
8     General Description:
9          This bill amends behavioral health licensing provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the division to consider interstate portability and make recommendations
13     regarding Utah's membership in any interstate licensing compacts;
14          ▸     expands the types of licensees who may participate in the Utah Professionals Health
15     Program, and removes the absolute requirement for formal proceedings to terminate
16     a Utah Professionals Health Program contract and requires the division to make
17     rules for probation after termination of a Utah Professionals Health Program
18     contract;
19          ▸     establishes that substance use disorders qualify an individual licensee for the Utah
20     Professionals Health Program's alternative path to public disciplinary action;
21          ▸     creates the Behavioral Health Board, a multi-professional board to replace certain
22     individual licensing boards;
23          ▸     establishes training and certification requirements for clinical supervisors;
24          ▸     changes supervision requirements for mental health therapists to include direct
25     observation;

26          ▸     defines direct client care, direct clinical supervision, and direct observation of
27     mental health therapists;
28          ▸     defines unlawful conduct to include failure to provide or disclose certain
29     information to patients in a mental health therapy setting;
30          ▸     requires a criminal background check for mental health therapists and authorizes the
31     division to use the FBI Rap Back System;
32          ▸     creates an alternative pathway to certain licensures through increased direct client
33     care hours and supervised clinical hours, in lieu of examination requirements;
34          ▸     creates the licenses of master addiction counselor and associate master addiction
35     counselor;
36          ▸     creates the license of behavioral health coach and certification of behavioral health
37     technician;
38          ▸     expands the scope of practice of social service workers and advanced substance use
39     disorder counselors to include drafting treatment plans and updates and providing
40     manualized therapeutic interventions in limited circumstances and under
41     supervision;
42          ▸     repeals the Vocational Rehabilitation Counselors Licensing Act; and
43          ▸     makes technical corrections.
44     Money Appropriated in this Bill:
45          None
46     Other Special Clauses:
47          This bill provides a coordination clause.
48     Utah Code Sections Affected:
49     AMENDS:
50          26B-5-101, as last amended by Laws of Utah 2023, Chapter 308
51          26B-5-102, as last amended by Laws of Utah 2023, Chapter 177 and renumbered and
52     amended by Laws of Utah 2023, Chapter 308
53          58-1-106, as last amended by Laws of Utah 2018, Chapter 318
54          58-1-201, as last amended by Laws of Utah 2023, Chapter 223
55          58-1-301.5, as last amended by Laws of Utah 2023, Chapters 222, 223 and 225
56          58-1-501, as last amended by Laws of Utah 2023, Chapters 223, 321 and 463

57          58-4a-102, as last amended by Laws of Utah 2023, Chapter 328
58          58-4a-107, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
59          58-40-302, as last amended by Laws of Utah 2020, Chapter 339
60          58-60-102, as last amended by Laws of Utah 2021, Chapter 313
61          58-60-103.1, as enacted by Laws of Utah 2022, Chapter 466
62          58-60-106, as enacted by Laws of Utah 1994, Chapter 32
63          58-60-109, as last amended by Laws of Utah 2020, Chapter 339
64          58-60-110, as last amended by Laws of Utah 2019, Chapter 419
65          58-60-202, as last amended by Laws of Utah 2010, Chapters 78, 214
66          58-60-205, as last amended by Laws of Utah 2023, Chapters 283, 339
67          58-60-207, as last amended by Laws of Utah 2023, Chapter 339
68          58-60-302, as enacted by Laws of Utah 1994, Chapter 32
69          58-60-305, as last amended by Laws of Utah 2023, Chapter 339
70          58-60-402, as last amended by Laws of Utah 2012, Chapter 179
71          58-60-405, as last amended by Laws of Utah 2023, Chapter 339
72          58-60-407, as last amended by Laws of Utah 2020, Chapter 339
73          58-60-502, as last amended by Laws of Utah 2019, Chapter 393
74          58-60-504, as last amended by Laws of Utah 2012, Chapter 179
75          58-60-506, as last amended by Laws of Utah 2020, Chapter 339
76          58-61-102, as last amended by Laws of Utah 2013, Chapters 16, 123
77          58-61-301, as last amended by Laws of Utah 2001, Chapter 281
78          58-61-304, as last amended by Laws of Utah 2020, Chapter 339
79          58-61-304.1, as enacted by Laws of Utah 2020, Chapter 339
80          58-61-308, as enacted by Laws of Utah 2001, Chapter 281
81          58-61-502, as last amended by Laws of Utah 2001, Chapter 281
82          58-61-705, as last amended by Laws of Utah 2020, Chapter 339
83          58-84-102, as enacted by Laws of Utah 2014, Chapter 340
84          58-84-201, as last amended by Laws of Utah 2020, Chapter 339
85     ENACTS:
86          58-60-102.5, Utah Code Annotated 1953
87          58-60-512, Utah Code Annotated 1953

88          58-60-601, Utah Code Annotated 1953
89          58-60-602, Utah Code Annotated 1953
90          58-60-603, Utah Code Annotated 1953
91          58-60-604, Utah Code Annotated 1953
92     REPEALS:
93          58-60-203, as last amended by Laws of Utah 2010, Chapter 214
94          58-60-303, as last amended by Laws of Utah 2000, Chapter 159
95          58-60-307, as last amended by Laws of Utah 2019, Chapter 393
96          58-60-403, as last amended by Laws of Utah 2012, Chapter 179
97          58-60-503, as last amended by Laws of Utah 2012, Chapter 179
98          58-61-201, as last amended by Laws of Utah 2015, Chapter 367
99          58-78-101, as enacted by Laws of Utah 2009, Chapter 122
100          58-78-102, as enacted by Laws of Utah 2009, Chapter 122
101          58-78-201, as enacted by Laws of Utah 2009, Chapter 122
102          58-78-301, as enacted by Laws of Utah 2009, Chapter 122
103          58-78-302, as last amended by Laws of Utah 2020, Chapter 339
104          58-78-303, as last amended by Laws of Utah 2011, Chapter 367
105          58-78-304, as enacted by Laws of Utah 2009, Chapter 122
106          58-78-401, as enacted by Laws of Utah 2009, Chapter 122
107          58-78-501, as enacted by Laws of Utah 2009, Chapter 122
108          58-78-502, as enacted by Laws of Utah 2009, Chapter 122
109     Utah Code Sections Affected By Coordination Clause:
110          58-60-205, as last amended by Laws of Utah 2023, Chapters 283, 339
111     

112     Be it enacted by the Legislature of the state of Utah:
113          Section 1. Section 26B-5-101 is amended to read:
114          26B-5-101. Chapter definitions.
115          As used in this chapter:
116          (1) "Criminal risk factors" means a person's characteristics and behaviors that:
117          (a) affect the person's risk of engaging in criminal behavior; and
118          (b) are diminished when addressed by effective treatment, supervision, and other

119     support resources, resulting in reduced risk of criminal behavior.
120          (2) "Director" means the director appointed under Section 26B-5-103.
121          (3) "Division" means the Division of Integrated Healthcare created in Section
122     26B-1-202.
123          (4) "Local mental health authority" means a county legislative body.
124          (5) "Local substance abuse authority" means a county legislative body.
125          (6) "Mental health crisis" means:
126          (a) a mental health condition that manifests in an individual by symptoms of sufficient
127     severity that a prudent layperson who possesses an average knowledge of mental health issues
128     could reasonably expect the absence of immediate attention or intervention to result in:
129          (i) serious danger to the individual's health or well-being; or
130          (ii) a danger to the health or well-being of others; or
131          (b) a mental health condition that, in the opinion of a mental health therapist or the
132     therapist's designee, requires direct professional observation or intervention.
133          (7) "Mental health crisis response training" means community-based training that
134     educates laypersons and professionals on the warning signs of a mental health crisis and how to
135     respond.
136          (8) "Mental health crisis services" means an array of services provided to an individual
137     who experiences a mental health crisis, which may include:
138          (a) direct mental health services;
139          (b) on-site intervention provided by a mobile crisis outreach team;
140          (c) the provision of safety and care plans;
141          (d) prolonged mental health services for up to 90 days after the day on which an
142     individual experiences a mental health crisis;
143          (e) referrals to other community resources;
144          (f) local mental health crisis lines; and
145          (g) the statewide mental health crisis line.
146          (9) "Mental health therapist" means the same as that term is defined in Section
147     58-60-102.
148          (10) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
149     mental health professionals that, in coordination with local law enforcement and emergency

150     medical service personnel, provides mental health crisis services.
151          (11) "Office" means the Office of Substance Use and Mental Health created in Section
152     26B-5-102.
153          (12) (a) "Public funds" means federal money received from the department, and state
154     money appropriated by the Legislature to the department, a county governing body, or a local
155     substance abuse authority, or a local mental health authority for the purposes of providing
156     substance abuse or mental health programs or services.
157          (b) "Public funds" include federal and state money that has been transferred by a local
158     substance abuse authority or a local mental health authority to a private provider under an
159     annual or otherwise ongoing contract to provide comprehensive substance abuse or mental
160     health programs or services for the local substance abuse authority or local mental health
161     authority. The money maintains the nature of "public funds" while in the possession of the
162     private entity that has an annual or otherwise ongoing contract with a local substance abuse
163     authority or a local mental health authority to provide comprehensive substance use or mental
164     health programs or services for the local substance abuse authority or local mental health
165     authority.
166          (c) Public funds received for the provision of services under substance use or mental
167     health service plans may not be used for any other purpose except those authorized in the
168     contract between the local mental health or substance abuse authority and provider for the
169     provision of plan services.
170          (13) "Severe mental disorder" means schizophrenia, major depression, bipolar
171     disorders, delusional disorders, psychotic disorders, and other mental disorders as defined by
172     the division.
173          (14) "Stabilization services" means in-home services provided to a child with, or who
174     is at risk for, complex emotional and behavioral needs, including teaching the child's parent or
175     guardian skills to improve family functioning.
176          (15) "Statewide mental health crisis line" means the same as that term is defined in
177     Section 26B-5-610.
178          (16) "System of care" means a broad, flexible array of services and supports that:
179          (a) serve a child with or who is at risk for complex emotional and behavioral needs;
180          (b) are community based;

181          (c) are informed about trauma;
182          (d) build meaningful partnerships with families and children;
183          (e) integrate service planning, service coordination, and management across state and
184     local entities;
185          (f) include individualized case planning;
186          (g) provide management and policy infrastructure that supports a coordinated network
187     of interdepartmental service providers, contractors, and service providers who are outside of
188     the department; and
189          (h) are guided by the type and variety of services needed by a child with or who is at
190     risk for complex emotional and behavioral needs and by the child's family.
191          (17) "Targeted case management" means a service that assists Medicaid recipients in a
192     target group to gain access to needed medical, social, educational, and other services.
193          Section 2. Section 26B-5-102 is amended to read:
194          26B-5-102. Division of Integrated Healthcare -- Office of Substance Use and
195     Mental Health -- Creation -- Responsibilities.
196          (1) (a) The Division of Integrated Healthcare shall exercise responsibility over the
197     policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities
198     outlined in state law that were previously vested in the Division of Substance Abuse and
199     Mental Health within the department, under the administration and general supervision of the
200     executive director.
201          (b) The division is the substance abuse authority and the mental health authority for
202     this state.
203          (c) There is created the Office of Substance Use and Mental Health within the division.
204          (d) The office shall exercise the responsibilities, powers, rights, duties, and
205     responsibilities assigned to the office by the executive director.
206          (2) The division shall:
207          (a) (i) educate the general public regarding the nature and consequences of substance
208     use by promoting school and community-based prevention programs;
209          (ii) render support and assistance to public schools through approved school-based
210     substance abuse education programs aimed at prevention of substance use;
211          (iii) promote or establish programs for the prevention of substance use within the

212     community setting through community-based prevention programs;
213          (iv) cooperate with and assist treatment centers, recovery residences, and other
214     organizations that provide services to individuals recovering from a substance use disorder, by
215     identifying and disseminating information about effective practices and programs;
216          (v) promote integrated programs that address an individual's substance use, mental
217     health, and physical health;
218          (vi) establish and promote an evidence-based continuum of screening, assessment,
219     prevention, treatment, and recovery support services in the community for individuals with a
220     substance use disorder or mental illness;
221          (vii) evaluate the effectiveness of programs described in this Subsection (2);
222          (viii) consider the impact of the programs described in this Subsection (2) on:
223          (A) emergency department utilization;
224          (B) jail and prison populations;
225          (C) the homeless population; and
226          (D) the child welfare system; and
227          (ix) promote or establish programs for education and certification of instructors to
228     educate individuals convicted of driving under the influence of alcohol or drugs or driving with
229     any measurable controlled substance in the body;
230          (b) (i) collect and disseminate information pertaining to mental health;
231          (ii) provide direction over the state hospital including approval of the state hospital's
232     budget, administrative policy, and coordination of services with local service plans;
233          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
234     Rulemaking Act, to educate families concerning mental illness and promote family
235     involvement, when appropriate, and with patient consent, in the treatment program of a family
236     member; [and]
237          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
238     Rulemaking Act, to direct that an individual receiving services through a local mental health
239     authority or the Utah State Hospital be informed about and, if desired by the individual,
240     provided assistance in the completion of a declaration for mental health treatment in
241     accordance with Section 26B-5-313; and
242          (v) to the extent authorized and in accordance with statute, make rules in accordance

243     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
244          (A) create a certification for targeted case management;
245          (B) establish training and certification requirements;
246          (C) specify the types of services each certificate holder is qualified to provide;
247          (D) specify the type of supervision under which a certificate holder is required to
248     operate; and
249          (E) specify continuing education and other requirements for maintaining or renewing
250     certification;
251          (c) (i) consult and coordinate with local substance abuse authorities and local mental
252     health authorities regarding programs and services;
253          (ii) provide consultation and other assistance to public and private agencies and groups
254     working on substance use and mental health issues;
255          (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
256     medical and social agencies, public health authorities, law enforcement agencies, education and
257     research organizations, and other related groups;
258          (iv) promote or conduct research on substance use and mental health issues, and submit
259     to the governor and the Legislature recommendations for changes in policy and legislation;
260          (v) receive, distribute, and provide direction over public funds for substance use and
261     mental health services;
262          (vi) monitor and evaluate programs provided by local substance abuse authorities and
263     local mental health authorities;
264          (vii) examine expenditures of local, state, and federal funds;
265          (viii) monitor the expenditure of public funds by:
266          (A) local substance abuse authorities;
267          (B) local mental health authorities; and
268          (C) in counties where they exist, a private contract provider that has an annual or
269     otherwise ongoing contract to provide comprehensive substance abuse or mental health
270     programs or services for the local substance abuse authority or local mental health authority;
271          (ix) contract with local substance abuse authorities and local mental health authorities
272     to provide a comprehensive continuum of services that include community-based services for
273     individuals involved in the criminal justice system, in accordance with division policy, contract

274     provisions, and the local plan;
275          (x) contract with private and public entities for special statewide or nonclinical
276     services, or services for individuals involved in the criminal justice system, according to
277     division rules;
278          (xi) review and approve each local substance abuse authority's plan and each local
279     mental health authority's plan in order to ensure:
280          (A) a statewide comprehensive continuum of substance use services;
281          (B) a statewide comprehensive continuum of mental health services;
282          (C) services result in improved overall health and functioning;
283          (D) a statewide comprehensive continuum of community-based services designed to
284     reduce criminal risk factors for individuals who are determined to have substance use or mental
285     illness conditions or both, and who are involved in the criminal justice system;
286          (E) compliance, where appropriate, with the certification requirements in Subsection
287     [(2)(j)] (2)(h); and
288          (F) appropriate expenditure of public funds;
289          (xii) review and make recommendations regarding each local substance abuse
290     authority's contract with the local substance abuse authority's provider of substance use
291     programs and services and each local mental health authority's contract with the local mental
292     health authority's provider of mental health programs and services to ensure compliance with
293     state and federal law and policy;
294          (xiii) monitor and ensure compliance with division rules and contract requirements;
295     and
296          (xiv) withhold funds from local substance abuse authorities, local mental health
297     authorities, and public and private providers for contract noncompliance, failure to comply
298     with division directives regarding the use of public funds, or for misuse of public funds or
299     money;
300          (d) ensure that the requirements of this part are met and applied uniformly by local
301     substance abuse authorities and local mental health authorities across the state;
302          (e) require each local substance abuse authority and each local mental health authority,
303     in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
304     the division on or before May 15 of each year;

305          (f) conduct an annual program audit and review of each local substance abuse authority
306     and each local substance abuse authority's contract provider, and each local mental health
307     authority and each local mental health authority's contract provider, including:
308          (i) a review and determination regarding whether:
309          (A) public funds allocated to the local substance abuse authority or the local mental
310     health authorities are consistent with services rendered by the authority or the authority's
311     contract provider, and with outcomes reported by the authority's contract provider; and
312          (B) each local substance abuse authority and each local mental health authority is
313     exercising sufficient oversight and control over public funds allocated for substance use
314     disorder and mental health programs and services; and
315          (ii) items determined by the division to be necessary and appropriate;
316          (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
317     Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
318          (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
319     supports services to an individual with:
320          (A) a substance use disorder;
321          (B) a mental health disorder; or
322          (C) a substance use disorder and a mental health disorder;
323          (ii) certify a person to carry out, as needed, the division's duty to train and certify an
324     adult as a peer support specialist;
325          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
326     Rulemaking Act, that:
327          (A) establish training and certification requirements for a peer support specialist;
328          (B) specify the types of services a peer support specialist is qualified to provide;
329          (C) specify the type of supervision under which a peer support specialist is required to
330     operate; and
331          (D) specify continuing education and other requirements for maintaining or renewing
332     certification as a peer support specialist; and
333          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
334     Rulemaking Act, that:
335          (A) establish the requirements for a person to be certified to carry out, as needed, the

336     division's duty to train and certify an adult as a peer support specialist; and
337          (B) specify how the division shall provide oversight of a person certified to train and
338     certify a peer support specialist;
339          (i) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
340     and provide recommendations to the Legislature regarding:
341          (i) pretrial services and the resources needed to reduce recidivism;
342          (ii) county jail and county behavioral health early-assessment resources needed for an
343     individual convicted of a class A or class B misdemeanor; and
344          (iii) the replacement of federal dollars associated with drug interdiction law
345     enforcement task forces that are reduced;
346          (j) establish performance goals and outcome measurements for a mental health or
347     substance use treatment program that is licensed under Chapter 2, Part 1, Human Services
348     Programs and Facilities, and contracts with the department, including goals and measurements
349     related to employment and reducing recidivism of individuals receiving mental health or
350     substance use treatment who are involved with the criminal justice system;
351          (k) annually, on or before November 30, submit a written report to the Judiciary
352     Interim Committee, the Health and Human Services Interim Committee, and the Law
353     Enforcement and Criminal Justice Interim Committee, that includes:
354          (i) a description of the performance goals and outcome measurements described in
355     Subsection (2)(j); and
356          (ii) information on the effectiveness of the goals and measurements in ensuring
357     appropriate and adequate mental health or substance use treatment is provided in a treatment
358     program described in Subsection (2)(j);
359          (l) collaborate with the Administrative Office of the Courts, the Department of
360     Corrections, the Department of Workforce Services, and the Board of Pardons and Parole to
361     collect data on recidivism in accordance with the metrics and requirements described in
362     Section 63M-7-102;
363          (m) at the division's discretion, use the data described in Subsection (2)(l) to make
364     decisions regarding the use of funds allocated to the division to provide treatment;
365          (n) annually, on or before August 31, submit the data collected under Subsection (2)(l)
366     and any recommendations to improve the data collection to the State Commission on Criminal

367     and Juvenile Justice to be included in the report described in Subsection 63M-7-204(1)(x);
368          (o) publish the following on the division's website:
369          (i) the performance goals and outcome measurements described in Subsection (2)(j);
370     and
371          (ii) a description of the services provided and the contact information for the mental
372     health and substance use treatment programs described in Subsection (2)(j) and residential,
373     vocational and life skills programs, as defined in Section 13-53-102; and
374          (p) consult and coordinate with the Division of Child and Family Services to develop
375     and manage the operation of a program designed to reduce substance use during pregnancy and
376     by parents of a newborn child that includes:
377          (i) providing education and resources to health care providers and individuals in the
378     state regarding prevention of substance use during pregnancy;
379          (ii) providing training to health care providers in the state regarding screening of a
380     pregnant woman or pregnant minor to identify a substance use disorder; and
381          (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
382     child in need of substance use treatment services to a facility that has the capacity to provide
383     the treatment services.
384          (3) In addition to the responsibilities described in Subsection (2), the division shall,
385     within funds appropriated by the Legislature for this purpose, implement and manage the
386     operation of a firearm safety and suicide prevention program, in consultation with the Bureau
387     of Criminal Identification created in Section 53-10-201, including:
388          (a) coordinating with local mental health and substance abuse authorities, a nonprofit
389     behavioral health advocacy group, and a representative from a Utah-based nonprofit
390     organization with expertise in the field of firearm use and safety that represents firearm owners,
391     to:
392          (i) produce and periodically review and update a firearm safety brochure and other
393     educational materials with information about the safe handling and use of firearms that
394     includes:
395          (A) information on safe handling, storage, and use of firearms in a home environment;
396          (B) information about at-risk individuals and individuals who are legally prohibited
397     from possessing firearms;

398          (C) information about suicide prevention awareness; and
399          (D) information about the availability of firearm safety packets;
400          (ii) procure cable-style gun locks for distribution under this section;
401          (iii) produce a firearm safety packet that includes the firearm safety brochure and the
402     cable-style gun lock described in this Subsection (3); and
403          (iv) create a suicide prevention education course that:
404          (A) provides information for distribution regarding firearm safety education;
405          (B) incorporates current information on how to recognize suicidal behaviors and
406     identify individuals who may be suicidal; and
407          (C) provides information regarding crisis intervention resources;
408          (b) distributing, free of charge, the firearm safety packet to the following persons, who
409     shall make the firearm safety packet available free of charge:
410          (i) health care providers, including emergency rooms;
411          (ii) mobile crisis outreach teams;
412          (iii) mental health practitioners;
413          (iv) other public health suicide prevention organizations;
414          (v) entities that teach firearm safety courses;
415          (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
416     of students in the school district; and
417          (vii) firearm dealers to be distributed in accordance with Section 76-10-526;
418          (c) creating and administering a rebate program that includes a rebate that offers
419     between $10 and $200 off the purchase price of a firearm safe from a participating firearms
420     dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;
421          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
422     making rules that establish procedures for:
423          (i) producing and distributing the suicide prevention education course and the firearm
424     safety brochures and packets;
425          (ii) procuring the cable-style gun locks for distribution; and
426          (iii) administering the rebate program; and
427          (e) reporting to the Health and Human Services Interim Committee regarding
428     implementation and success of the firearm safety program and suicide prevention education

429     course at or before the November meeting each year.
430          (4) (a) The division may refuse to contract with and may pursue legal remedies against
431     any local substance abuse authority or local mental health authority that fails, or has failed, to
432     expend public funds in accordance with state law, division policy, contract provisions, or
433     directives issued in accordance with state law.
434          (b) The division may withhold funds from a local substance abuse authority or local
435     mental health authority if the authority's contract provider of substance use or mental health
436     programs or services fails to comply with state and federal law or policy.
437          (5) (a) Before reissuing or renewing a contract with any local substance abuse authority
438     or local mental health authority, the division shall review and determine whether the local
439     substance abuse authority or local mental health authority is complying with the oversight and
440     management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
441     17-43-309.
442          (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
443     liability described in Section 17-43-303 and to the responsibility and liability described in
444     Section 17-43-203.
445          (6) In carrying out the division's duties and responsibilities, the division may not
446     duplicate treatment or educational facilities that exist in other divisions or departments of the
447     state, but shall work in conjunction with those divisions and departments in rendering the
448     treatment or educational services that those divisions and departments are competent and able
449     to provide.
450          (7) The division may accept in the name of and on behalf of the state donations, gifts,
451     devises, or bequests of real or personal property or services to be used as specified by the
452     donor.
453          (8) The division shall annually review with each local substance abuse authority and
454     each local mental health authority the authority's statutory and contract responsibilities
455     regarding:
456          (a) use of public funds;
457          (b) oversight of public funds; and
458          (c) governance of substance use disorder and mental health programs and services.
459          (9) The Legislature may refuse to appropriate funds to the division upon the division's

460     failure to comply with the provisions of this part.
461          (10) If a local substance abuse authority contacts the division under Subsection
462     17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
463     minor, the division shall:
464          (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
465     capacity to provide the treatment services; or
466          (b) otherwise ensure that treatment services are made available to the pregnant woman
467     or pregnant minor.
468          (11) The division shall employ a school-based mental health specialist to be housed at
469     the State Board of Education who shall work with the State Board of Education to:
470          (a) provide coordination between a local education agency and local mental health
471     authority;
472          (b) recommend evidence-based and evidence informed mental health screenings and
473     intervention assessments for a local education agency; and
474          (c) coordinate with the local community, including local departments of health, to
475     enhance and expand mental health related resources for a local education agency.
476          Section 3. Section 58-1-106 is amended to read:
477          58-1-106. Division -- Duties, functions, and responsibilities.
478          (1) The duties, functions, and responsibilities of the division include the following:
479          (a) prescribing, adopting, and enforcing rules to administer this title;
480          (b) investigating the activities of any person whose occupation or profession is
481     regulated or governed by the laws and rules administered and enforced by the division;
482          (c) subpoenaing witnesses, taking evidence, and requiring by subpoena duces tecum
483     the production of any books, papers, documents, records, contracts, recordings, tapes,
484     correspondence, or information relevant to an investigation upon a finding of sufficient need by
485     the director or by the director's designee;
486          (d) taking administrative and judicial action against persons in violation of the laws
487     and rules administered and enforced by the division, including the issuance of cease and desist
488     orders;
489          (e) seeking injunctions and temporary restraining orders to restrain unauthorized
490     activity;

491          (f) complying with Title 52, Chapter 4, Open and Public Meetings Act;
492          (g) issuing, refusing to issue, revoking, suspending, renewing, refusing to renew, or
493     otherwise acting upon any license;
494          (h) preparing and submitting to the governor and the Legislature an annual report of the
495     division's operations, activities, and goals;
496          (i) preparing and submitting to the executive director a budget of the expenses for the
497     division;
498          (j) establishing the time and place for the administration of examinations; [and]
499          (k) preparing lists of licensees and making these lists available to the public at cost
500     upon request unless otherwise prohibited by state or federal law[.]; and
501          (l) considering interstate portability and the preservation of licensing pathways that are
502     specific to Utah when making recommendations regarding membership in interstate licensing
503     compacts.
504          (2) The division may not include home telephone numbers or home addresses of
505     licensees on the lists prepared under Subsection (1)(k), except as otherwise provided by rules
506     of the division made in accordance with Title 63G, Chapter 3, Utah Administrative
507     Rulemaking Act.
508          (3) (a) The division may provide the home address or home telephone number of a
509     licensee on a list prepared under Subsection (1) upon the request of an individual who provides
510     proper identification and the reason for the request, in writing, to the division.
511          (b) A request under Subsection (3)(a) is limited to providing information on only one
512     licensee per request.
513          (c) The division shall provide, by rule, what constitutes proper identification under
514     Subsection (3)(a).
515          (4) (a) Notwithstanding any contrary provisions in Title 63G, Chapter 2, Government
516     Records Access and Management Act, the division may share licensee information with:
517          (i) the division's contracted agents when sharing the information in compliance with
518     state or federal law; and
519          (ii) a person who is evaluating the progress or monitoring the compliance of an
520     individual who has been disciplined by the division under this title.
521          (b) The division may make rules to implement the provisions of this Subsection (4).

522          (5) All rules made by the division under this title shall be made in accordance with
523     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
524          Section 4. Section 58-1-201 is amended to read:
525          58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies --
526     Quorum -- Per diem and expenses -- Chair -- Financial interest or faculty position in
527     professional school that teaches continuing education prohibited.
528          (1) (a) (i) The executive director shall appoint the members of the boards established
529     under this title.
530          (ii) In appointing the board members the executive director shall give consideration to
531     recommendations by members of the respective professions and the professions' organizations.
532          (b) Each board shall be composed of five members, four of whom are licensed or
533     certified practitioners in good standing of the profession the board represents, and one of whom
534     is a member of the general public, unless otherwise provided under the specific licensing
535     chapter.
536          (c) (i) The name of each individual appointed to a board shall be submitted to the
537     governor for confirmation or rejection.
538          (ii) If an appointee is rejected by the governor, the executive director shall appoint
539     another individual in the same manner as set forth in Subsection (1)(a).
540          (2) (a) (i) Except as required by Subsection (2)(b), as terms of current board members
541     expire, the executive director shall appoint each new board member or reappointed board
542     member to a four-year term.
543          (ii) Upon the expiration of the term of a board member, the board member shall
544     continue to serve until a successor is appointed, but for a period not to exceed six months from
545     the expiration date of the board member's term.
546          (b) Notwithstanding the requirements of Subsection (2)(a), the executive director shall,
547     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
548     of board members are staggered so that approximately half of the board is appointed every two
549     years.
550          (c) A board member may not serve more than two consecutive terms, and a board
551     member who ceases to serve on a board may not serve again on that board until after the
552     expiration of a two-year period beginning from that cessation of service.

553          (d) (i) When a vacancy occurs in the board membership for any reason, the
554     replacement shall be appointed for the unexpired term.
555          (ii) After filling that term, the replacement board member may be appointed for only
556     one additional full term.
557          (e) The director, with the approval of the executive director, may remove a board
558     member and replace the board member in accordance with this section for the following
559     reasons:
560          (i) the board member fails or refuses to fulfill the responsibilities and duties of a board
561     member, including attendance at board meetings;
562          (ii) the board member engages in unlawful or unprofessional conduct; or
563          (iii) if appointed to the board position as a licensed member of the board, the board
564     member fails to maintain a license that is active and in good standing.
565          (3) (a) A majority of the board members constitutes a quorum.
566          (b) Except as provided in Subsection 58-1-109(3), a quorum is sufficient authority for
567     the board to act.
568          (4) A board member may not receive compensation or benefits for the [board]
569     member's service, but may receive per diem and travel expenses in accordance with:
570          (a) Section 63A-3-106;
571          (b) Section 63A-3-107; and
572          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
573          (5) Each board shall annually designate one of the board's members to serve as chair
574     for a one-year period.
575          (6) A board member may not be a member of the faculty of, or have a financial interest
576     in, a vocational or professional college or school that provides continuing education to any
577     licensee if that continuing education is required by statute or rule made in accordance with
578     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
579          Section 5. Section 58-1-301.5 is amended to read:
580          58-1-301.5. Division access to Bureau of Criminal Identification records.
581          (1) The division shall have direct access to local files maintained by the Bureau of
582     Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
583     for background screening of individuals who are applying for licensure[, licensure] or

584     certification, or with respect to a license or certification, renewal, [licensure] reinstatement, or
585     relicensure or recertification, as required in:
586          (a) Sections 58-17b-306 and 58-17b-307;
587          (b) Sections 58-24b-302 and 58-24b-302.1;
588          (c) Section 58-31b-302;
589          (d) Sections 58-42a-302 and 58-42a-302.1, of Chapter 42a, Occupational Therapy
590     Practice Act;
591          (e) Section 58-44a-302.1;
592          (f) Sections 58-47b-302 and 58-47b-302.1;
593          (g) Section 58-55-302, as Section 58-55-302 applies to alarm companies and alarm
594     company agents, and Section 58-55-302.1;
595          (h) Sections 58-60-103.1, 58-60-205, 58-60-305, [and] 58-60-405, and 58-60-506 of
596     Chapter 60, Mental Health Professional Practice Act;
597          (i) Sections 58-61-304 and 58-61-304.1;
598          (j) Sections 58-63-302 and 58-63-302.1;
599          (k) Sections 58-64-302 and 58-64-302.1;
600          (l) Sections 58-67-302 and 58-67-302.1;
601          (m) Sections 58-68-302 and 58-68-302.1; and
602          (n) Sections 58-70a-301.1 and 58-70a-302, of Chapter 70a, Utah Physician Assistant
603     Act.
604          (2) The division's access to criminal background information under this section:
605          (a) shall meet the requirements of Section 53-10-108; and
606          (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
607     held in abeyance, dismissed charges, and charges without a known disposition.
608          (3) The division may not disseminate outside of the division any criminal history
609     record information that the division obtains from the Bureau of Criminal Identification or the
610     Federal Bureau of Investigation under the criminal background check requirements of this
611     section.
612          Section 6. Section 58-1-501 is amended to read:
613          58-1-501. Unlawful and unprofessional conduct.
614          (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful

615     under this title and includes:
616          (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
617     attempting to practice or engage in any profession requiring licensure under this title, except
618     the behavioral health technician under Chapter 60, Mental Health Professional Practice Act,
619     Part 6, Behavioral Health Coach and Technician Licensing Act, if the person is:
620          (i) not licensed to do so or not exempted from licensure under this title; or
621          (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
622     probationary, or inactive license;
623          (b) (i) impersonating another licensee or practicing a profession under a false or
624     assumed name, except as permitted by law; or
625          (ii) for a licensee who has had a license under this title reinstated following disciplinary
626     action, practicing the same profession using a different name than the name used before the
627     disciplinary action, except as permitted by law and after notice to, and approval by, the
628     division;
629          (c) knowingly employing any other person to practice or engage in or attempt to
630     practice or engage in any profession licensed under this title if the employee is not licensed to
631     do so under this title;
632          (d) knowingly permitting the person's authority to practice or engage in any profession
633     licensed under this title to be used by another, except as permitted by law;
634          (e) obtaining a passing score on a licensure examination, applying for or obtaining a
635     license, or otherwise dealing with the division or a licensing board through the use of fraud,
636     forgery, or intentional deception, misrepresentation, misstatement, or omission;
637          (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
638     drug or device to a person located in this state:
639          (A) without prescriptive authority conferred by a license issued under this title, or by
640     an exemption to licensure under this title; or
641          (B) with prescriptive authority conferred by an exception issued under this title or a
642     multistate practice privilege recognized under this title, if the prescription was issued without
643     first obtaining information, in the usual course of professional practice, that is sufficient to
644     establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
645     proposed treatment; and

646          (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
647     or cross coverage situation, provided that the person who issues the prescription has
648     prescriptive authority conferred by a license under this title, or is exempt from licensure under
649     this title; or
650          (g) aiding or abetting any other person to violate any statute, rule, or order regulating a
651     profession under this title.
652          (2) (a) "Unprofessional conduct" means conduct, by a licensee or applicant, that is
653     defined as unprofessional conduct under this title or under any rule adopted under this title and
654     includes:
655          (i) violating any statute, rule, or order regulating an a profession under this title;
656          (ii) violating, or aiding or abetting any other person to violate, any generally accepted
657     professional or ethical standard applicable to an occupation or profession regulated under this
658     title;
659          (iii) subject to the provisions of Subsection (4), engaging in conduct that results in
660     conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in
661     abeyance pending the successful completion of probation with respect to a crime that, when
662     considered with the functions and duties of the profession for which the license was issued or is
663     to be issued, bears a substantial relationship to the licensee's or applicant's ability to safely or
664     competently practice the profession;
665          (iv) engaging in conduct that results in disciplinary action, including reprimand,
666     censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
667     authority having jurisdiction over the licensee or applicant in the same profession if the
668     conduct would, in this state, constitute grounds for denial of licensure or disciplinary
669     proceedings under Section 58-1-401;
670          (v) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
671     chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
672     ability of the licensee or applicant to safely engage in the profession;
673          (vi) practicing or attempting to practice a profession regulated under this title despite
674     being physically or mentally unfit to do so;
675          (vii) practicing or attempting to practice a or profession regulated under this title
676     through gross incompetence, gross negligence, or a pattern of incompetency or negligence;

677          (viii) practicing or attempting to practice a profession requiring licensure under this
678     title by any form of action or communication which is false, misleading, deceptive, or
679     fraudulent;
680          (ix) practicing or attempting to practice a profession regulated under this title beyond
681     the scope of the licensee's competency, abilities, or education;
682          (x) practicing or attempting to practice a profession regulated under this title beyond
683     the scope of the licensee's license;
684          (xi) verbally, physically, mentally, or sexually abusing or exploiting any person
685     through conduct connected with the licensee's practice under this title or otherwise facilitated
686     by the licensee's license;
687          (xii) acting as a supervisor without meeting the qualification requirements for that
688     position that are defined by statute or rule;
689          (xiii) issuing, or aiding and abetting in the issuance of, an order or prescription for a
690     drug or device:
691          (A) without first obtaining information in the usual course of professional practice, that
692     is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
693     the proposed treatment; or
694          (B) with prescriptive authority conferred by an exception issued under this title, or a
695     multi-state practice privilege recognized under this title, if the prescription was issued without
696     first obtaining information, in the usual course of professional practice, that is sufficient to
697     establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
698     proposed treatment;
699          (xiv) violating a provision of Section 58-1-501.5;
700          (xv) violating the terms of an order governing a license; or
701          (xvi) violating Section 58-1-511.
702          (b) "Unprofessional conduct" does not include:
703          (i) a health care provider, as defined in Section 78B-3-403 and who is licensed under
704     this title, deviating from medical norms or established practices if the conditions described in
705     Subsection (5) are met; and
706          (ii) notwithstanding Section 58-1-501.6, a health care provider advertising that the
707     health care provider deviates from medical norms or established practices, including the

708     maladies the health care provider treats, if the health care provider:
709          (A) does not guarantee any results regarding any health care service;
710          (B) fully discloses on the health care provider's website that the health care provider
711     deviates from medical norms or established practices with a conspicuous statement; and
712          (C) includes the health care provider's contact information on the website.
713          (3) Unless otherwise specified by statute or administrative rule, in a civil or
714     administrative proceeding commenced by the division under this title, a person subject to any
715     of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
716     violation.
717          (4) The following are not evidence of engaging in unprofessional conduct under
718     Subsection (2)(a)(iii):
719          (a) an arrest not followed by a conviction; or
720          (b) a conviction for which an individual's incarceration has ended more than seven
721     years before the date of the division's consideration, unless:
722          (i) after the incarceration the individual has engaged in additional conduct that results
723     in another conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is
724     held in abeyance pending the successful completion of probation; or
725          (ii) the conviction was for:
726          (A) a violent felony as defined in Section 76-3-203.5;
727          (B) a felony related to a criminal sexual act under Title 76, Chapter 5, Part 4, Sexual
728     Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; or
729          (C) a felony related to criminal fraud or embezzlement, including a felony under Title
730     76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft.
731          (5) In accordance with Subsection (2)(b)(i), a health care provider may deviate from
732     medical norms or established practices if:
733          (a) the health care provider does not deviate outside of the health care provider's scope
734     of practice and possesses the education, training, and experience to competently and safely
735     administer the alternative health care service;
736          (b) the health care provider does not provide an alternative health care service that is
737     otherwise contrary to any state or federal law;
738          (c) the alternative health care service has reasonable potential to be of benefit to the

739     patient to whom the alternative health care service is to be given;
740          (d) the potential benefit of the alternative health care service outweighs the known
741     harms or side effects of the alternative health care service;
742          (e) the alternative health care service is reasonably justified under the totality of the
743     circumstances;
744          (f) after diagnosis but before providing the alternative health care service:
745          (i) the health care provider educates the patient on the health care services that are
746     within the medical norms and established practices;
747          (ii) the health care provider discloses to the patient that the health care provider is
748     recommending an alternative health care service that deviates from medical norms and
749     established practices;
750          (iii) the health care provider discusses the rationale for deviating from medical norms
751     and established practices with the patient;
752          (iv) the health care provider discloses any potential risks associated with deviation
753     from medical norms and established practices; and
754          (v) the patient signs and acknowledges a notice of deviation; and
755          (g) before providing an alternative health care service, the health care provider
756     discloses to the patient that the patient may enter into an agreement describing what would
757     constitute the health care provider's negligence related to deviation.
758          (6) As used in this section, "notice of deviation" means a written notice provided by a
759     health care provider to a patient that:
760          (a) is specific to the patient;
761          (b) indicates that the health care provider is deviating from medical norms or
762     established practices in the health care provider's recommendation for the patient's treatment;
763          (c) describes how the alternative health care service deviates from medical norms or
764     established practices;
765          (d) describes the potential risks and benefits associated with the alternative health care
766     service;
767          (e) describes the health care provider's reasonably justified rationale regarding the
768     reason for the deviation; and
769          (f) provides clear and unequivocal notice to the patient that the patient is agreeing to

770     receive the alternative health care service which is outside medical norms and established
771     practices.
772          Section 7. Section 58-4a-102 is amended to read:
773          58-4a-102. Definitions.
774          As used in this chapter:
775          (1) "Diversion agreement" means a written agreement entered into by a licensee and
776     the division that describes the requirements of the licensee's monitoring regimen and that was
777     entered into before May 12, 2020.
778          (2) "Licensee" means an individual licensed to practice [under]:
779          (a) under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
780          (b) under Title 58, Chapter 17b, Pharmacy Practice Act;
781          (c) under Title 58, Chapter 28, Veterinary Practice Act;
782          (d) under Title 58, Chapter 31b, Nurse Practice Act;
783          (e) mental health therapy under Title 58, Chapter 60, Mental Health Professional
784     Practice Act;
785          (f) mental health therapy under Title 58, Chapter 61, Psychologist Licensing Act;
786          [(e)] (g) under Title 58, Chapter 67, Utah Medical Practice Act;
787          [(f)] (h) under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
788          [(g)] (i) under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; [or]
789          [(h)] (j) under Title 58, Chapter 70a, Utah Physician Assistant Act.
790          (3) "Program" means the Utah Professionals Health Program.
791          (4) "Program contract" means a written agreement entered into by a licensee and the
792     division that allows the licensee to participate in the program.
793          (5) "Substance use disorder" means the same as that term is defined in Section
794     26B-5-501.
795          Section 8. Section 58-4a-107 is amended to read:
796          58-4a-107. Violation of a program contract -- Adjudicative proceedings --
797     Penalties.
798          (1) The division [shall] may serve an order to show cause on the licensee if the
799     licensee:
800          (a) violates any term or condition of the program contract or diversion agreement;

801          (b) makes an intentional, material misrepresentation of fact in the program contract or
802     diversion agreement; or
803          (c) violates any rule or law governing the licensee's profession.
804          (2) The order to show cause described in Subsection (1) shall:
805          (a) describe the alleged misconduct;
806          (b) set a time and place for a hearing [before an administrative law judge] to determine
807     whether the licensee's program contract should be terminated; and
808          (c) contain all of the information required by a notice of agency action in Subsection
809     63G-4-201(2).
810          (3) Proceedings to terminate a program contract shall comply with [the rules for a
811     formal proceeding described in] Title 63G, Chapter 4, Administrative Procedures Act, except
812     the notice of agency action shall be in the form of the order to show cause described in
813     Subsection (2).
814          [(4) In accordance with Subsection 63G-4-205(1), the division shall make rules for
815     discovery adequate to permit all parties to obtain all relevant information necessary to support
816     their claims or defenses.]
817          [(5)] (4) During a proceeding to terminate a program contract, the licensee, the
818     licensee's legal representative, and the division shall have access to information contained in
819     the division's program file as permitted by law.
820          [(6)] (5) The director shall terminate the program contract and place the licensee on
821     probation [for a period of five years, with probationary terms matching the terms of the
822     program contract,] in accordance with rules made by the division in accordance with Title 63G,
823     Chapter 3, Utah Administrative Rule Act if, during the administrative proceedings described in
824     Subsection (3), the [administrative law judge] presiding officer finds that the licensee has:
825          (a) violated the program contract;
826          (b) made an intentional material misrepresentation of fact in the program contract; or
827          (c) violated a law or rule governing the licensee's profession.
828          [(7)] (6) If, during the proceedings described in Subsection (3), the [administrative law
829     judge] presiding officer finds that the licensee has engaged in especially egregious misconduct,
830     the director may revoke the licensee's license or take other appropriate disciplinary action.
831          [(8)] (7) A licensee who is terminated from the program may have disciplinary action

832     taken under Title 58, Chapter 1, Part 4, License Denial, for misconduct committed before,
833     during, or after the licensee's participation in the program.
834          Section 9. Section 58-40-302 is amended to read:
835          58-40-302. Qualifications for licensure.
836          (1) An applicant for licensure under this chapter shall:
837          (a) submit an application in a form prescribed by the division; and
838          (b) pay a fee determined by the department under Section 63J-1-504.
839          (2) In addition to the requirements of Subsection (1), an applicant for licensure as a
840     master therapeutic recreation specialist under this chapter shall as defined by division rule:
841          (a) complete an approved graduate degree;
842          (b) complete 4,000 qualifying hours of paid experience as:
843          (i) a licensed therapeutic recreation specialist if completed in the state; or
844          (ii) a certified therapeutic recreation specialist certified in good standing by the
845     National Council for Therapeutic Recreation Certification if completed outside of the state; and
846          (c) pass an approved examination.
847          (3) In addition to the requirements of Subsection (1), an applicant for licensure as a
848     therapeutic recreation specialist under this chapter shall, as defined by division rule:
849          (a) (i) complete an approved:
850          [(i)] (A) bachelor's degree in therapeutic recreation or recreational therapy;
851          [(ii)] (B) bachelor's degree with an approved emphasis, option, or concentration in
852     therapeutic recreation or recreational therapy; or
853          [(iii)] (C) graduate degree;
854          [(b)] (ii) complete an approved practicum; and
855          [(c)] (iii) pass an approved examination[.]; or
856          (b) document proof of current certification in good standing as a Certified Therapeutic
857     Recreation Specialist by the National Council for Therapeutic Recreation Certification, or an
858     equivalence of that certification, as determined by division rule made in consultation with the
859     board.
860          (4) In addition to the requirements of Subsection (1), an applicant for licensure as a
861     therapeutic recreation technician under this chapter shall, as defined by division rule:
862          [(a) have a high school diploma or GED equivalent;]

863          [(b)] (a) complete an approved:
864          (i) educational course in therapeutic recreation taught by a licensed master therapeutic
865     recreation specialist; or
866          (ii) six semester hours or nine quarter hours in therapeutic recreation or recreational
867     therapy from an accredited college or university;
868          [(c)] (b) complete an approved practicum under the supervision of:
869          (i) a licensed master therapeutic recreation specialist; or
870          (ii) an on-site, full-time, employed therapeutic recreation specialist; and
871          [(d) pass an approved examination; and]
872          [(e)] (c) complete a minimum of two hours of training in suicide prevention via a
873     course that the division designates as approved.
874          Section 10. Section 58-60-102 is amended to read:
875          58-60-102. Definitions.
876          [In addition to the definitions in Section 58-1-102, as] As used in this chapter, unless a
877     different meaning is established by definition under a specific section or part:
878          (1) "Board" means the Behavioral Health Board created in Section 58-60-102.5.
879          (2) "Client" or "patient" means an individual who consults or is examined or
880     interviewed by an individual licensed under this chapter who is acting in the individual's
881     professional capacity.
882          (3) "Clinical supervision" means work experience conducted under the supervision of a
883     clinical supervisor, including:
884          (a) the practice of mental health therapy, direct client care, direct clinical supervision,
885     direct observation, and other duties and activities completed in the course of the day-to-day job
886     functions and work of a:
887          (i) certified social worker;
888          (ii) associate marriage and family therapist;
889          (iii) associate clinical mental health counselor; or
890          (iv) associate master addiction counselor, wherein the supervisor is available for
891     consultation with the supervisee by personal face to face contact, or direct voice contact by
892     telephone, radio, or some other means within a reasonable time consistent with the acts and
893     practices in which the supervisee is engaged:

894          (4) "Clinical supervisor" means an individual who oversees and mentors one or more
895     mental health therapists licensed under this chapter, and who:
896          (a) (i) is licensed, in good standing, as a mental health therapist;
897          (ii) is approved or certified in good standing as a supervisor by a national professional
898     organization for social work, mental health counseling, addiction counseling, marriage and
899     family therapy, psychology, medicine, or nursing, or other organization as approved by the
900     division;
901          (A) has completed eight or more hours of supervision instruction that meets minimum
902     standards established by the division in rule; or
903          (B) has completed a graduate course on clinical supervision from an accredited
904     program;
905          (iii) completes continuing education in clinical supervision, as established by the
906     division in rule; and
907          (iv) provides supervision to no more than the number of individuals to whom the
908     supervisor can reasonably provide clinical supervision by performing the duties and
909     responsibilities of a supervisor, including:
910          (A) being available to the supervisee for consultation by personal face-to-face contact,
911     or by direct voice contact by telephone, videoconference, or some other means within a
912     reasonable time frame;
913          (B) providing instruction, direction, oversight, observation, evaluation, and feedback,
914     to enable the supervisee to acquire the knowledge, skills, techniques, and abilities necessary to
915     engage in the practice of behavioral health care ethically, safely, and competently; and
916          (C) maintaining routine personal contact with the supervisee; and
917          (b) (i) is qualified and acting as a valid supervisor, in accordance with applicable law
918     and division rules, as of April 30, 2024; and
919          (ii) has satisfied the requirements of Subsection (4)(a), as of January 1, 2027.
920          (5) "Direct clinical supervisor" means the clinical supervisor who has signed the
921     supervision contract with the applicant for licensure.
922          [(2)] (6) "Confidential communication" means information obtained by an individual
923     licensed under this chapter, including information obtained by the individual's examination of
924     the client or patient, which is:

925          (a) (i) transmitted between the client or patient and an individual licensed under this
926     chapter in the course of that relationship; or
927          (ii) transmitted among the client or patient, an individual licensed under this chapter,
928     and individuals who are participating in the diagnosis or treatment under the direction of an
929     individual licensed under this chapter, including members of the client's or patient's family; and
930          (b) made in confidence, for the diagnosis or treatment of the client or patient by the
931     individual licensed under this chapter, and by a means not intended to be disclosed to third
932     persons other than those individuals:
933          (i) present to further the interest of the client or patient in the consultation,
934     examination, or interview;
935          (ii) reasonably necessary for the transmission of the communications; or
936          (iii) participating in the diagnosis and treatment of the client or patient under the
937     direction of the mental health therapist.
938          (7) "Designated examiner" means the same as that term is defined in Section
939     26B-5-301.
940          [(3)] (8) (a) "Direct client care" means the practice of mental health therapy performed
941     as an applicant for licensure.
942          (b) "Direct client care" includes:
943          (i) the practice of mental health therapy;
944          (ii) the utilization of patient-reported progress and outcomes to inform care; and
945          (iii) direct observation.
946          (9) (a) "Direct clinical supervision" means an applicant for licensure and the applicant's
947     direct clinical supervisor meeting in real time and in accordance with the applicant for
948     licensure's supervision contract as defined by division rule.
949          (b) "Direct clinical supervision" includes group supervision.
950          (10) "Direct observation" means observation of an applicant for licensure's live or
951     recorded direct client care:
952          (a) (i) by the applicant for licensure's clinical supervisor; or
953          (ii) a licensee under Subsection (4)(a) who the applicant for licensure's direct clinical
954     supervisor approves; and
955          (b) after which the applicant for licensure and the observer under Subsection (8)(a)

956     meet, in-person or electronically, to discuss the direct client care for the purpose of developing
957     the applicant for licensure's clinical knowledge and skill.
958          (11) "FBI Rap Back System" means the same as that term is defined in Section
959     53-10-108.
960          (12) "Group supervision" means an applicant for licensure meeting with the applicant's
961     direct clinical supervisor and at least one of the direct clinical supervisor's other supervised
962     applicants for licensure:
963          (a) while the clinical supervisor and the applicants:
964          (i) can see and openly communicate with each other; and
965          (ii) are present in the same room or via electronic video; and
966          (b) for the purpose of developing the applicants' clinical knowledge and skill.
967          (13) "Hypnosis" means, when referring to individuals exempted from licensure under
968     this chapter, a process by which an individual induces or assists another individual into a
969     hypnotic state without the use of drugs or other substances and for the purpose of increasing
970     motivation or to assist the individual to alter lifestyles or habits.
971          [(4)] (14) "Individual" means a natural person.
972          [(5)] (15) "Mental health therapist" means an individual who is practicing within the
973     scope of practice defined in the individual's respective licensing act and is licensed under this
974     title as:
975          (a) a physician and surgeon, or osteopathic physician engaged in the practice of mental
976     health therapy;
977          (b) an advanced practice registered nurse, specializing in psychiatric mental health
978     nursing;
979          (c) an advanced practice registered nurse intern, specializing in psychiatric mental
980     health nursing;
981          (d) a psychologist qualified to engage in the practice of mental health therapy;
982          (e) a certified psychology resident qualifying to engage in the practice of mental health
983     therapy;
984          (f) a physician assistant specializing in mental health care under Section 58-70a-501.1;
985          (g) a clinical social worker;
986          (h) a certified social worker;

987          (i) a marriage and family therapist;
988          (j) an associate marriage and family therapist;
989          (k) a clinical mental health counselor; [or]
990          (l) an associate clinical mental health counselor[.];
991          (m) a master addiction counselor; or
992          (n) an associate master addiction counselor.
993          [(6)] (16) "Mental illness" means a mental or emotional condition defined in an
994     approved diagnostic and statistical manual for mental disorders generally recognized in the
995     professions of mental health therapy listed under Subsection [(5)] (13).
996          [(7)] (17) "Practice of mental health therapy" means treatment or prevention of mental
997     illness, whether in person or remotely, including:
998          (a) conducting a professional evaluation of an individual's condition of mental health,
999     mental illness, or emotional disorder consistent with standards generally recognized in the
1000     professions of mental health therapy listed under Subsection [(5)] (13);
1001          (b) establishing a diagnosis in accordance with established written standards generally
1002     recognized in the professions of mental health therapy listed under Subsection [(5)] (13);
1003          (c) prescribing a plan for the prevention or treatment of a condition of mental illness or
1004     emotional disorder; and
1005          (d) engaging in the conduct of professional intervention, including psychotherapy by
1006     the application of established methods and procedures generally recognized in the professions
1007     of mental health therapy listed under Subsection [(5)] (13).
1008          [(8)] (18) "Remotely" means communicating via Internet, telephone, or other electronic
1009     means that facilitate real-time audio or visual interaction between individuals when they are not
1010     physically present in the same room at the same time.
1011          [(9)] (19) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-60-109.
1012          [(10)] (20) "Unprofessional conduct" is as defined in Sections 58-1-501 and
1013     58-60-110, and may be further defined by division rule.
1014          Section 11. Section 58-60-102.5 is enacted to read:
1015          58-60-102.5. Behavioral Health Board -- Advisory committees.
1016          (1) There is created the Behavioral Health Board consisting of:
1017          (a) no less than six behavioral health care providers licensed in Utah to practice as a:

1018          (i) clinical social worker;
1019          (ii) marriage and family therapist;
1020          (iii) clinical mental health counselor;
1021          (iv) master addiction counselor;
1022          (v) psychologist under Chapter 61, Psychologist Licensing Act; or
1023          (vi) behavior analyst or specialist;
1024          (b) no less than two other behavioral health care providers licensed in Utah to practice
1025     as:
1026          (i) a certified social worker;
1027          (ii) a social service worker;
1028          (iii) an associate marriage and family therapist;
1029          (iv) an associate clinical mental health counselor;
1030          (v) an associate master addiction counselor;
1031          (vi) an advanced substance use disorder counselor;
1032          (vii) a substance use disorder counselor;
1033          (viii) a certified psychology resident; or
1034          (ix) an assistant behavior analyst or specialist;
1035          (c) no less than four public members:
1036          (i) who comprise no less than 1/3 of the total membership of the board;
1037          (ii) who are not licensed to practice under:
1038          (A) this chapter; or
1039          (B) Chapter 61, Psychologist Licensing Act; and
1040          (iii) two of whom shall, at the time of appointment to the board, hold a leadership
1041     position with:
1042          (A) a behavioral health consumer advocacy organization;
1043          (B) a behavioral health employer;
1044          (C) a behavioral health payor;
1045          (D) an academic institution conducting research related to the behavioral health
1046     licenses under Subsection (3)(b), including public health, epidemiology, economics, and the
1047     health care workforce;
1048          (E) a training institution providing education credentials required for a license under

1049     Subsection (3)(b);
1050          (F) a licensed health care facility as defined in Section 26B-2-201; or
1051          (G) a licensed human services program as defined in Section 26B-2-101;
1052          (d) one of whom the executive director of the Department of Health and Human
1053     Services appoints; and
1054          (e) one of whom is licensed in Utah to practice as a:
1055          (i) physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
1056     Osteopathic Medical Practice Act;
1057          (ii) physician assistant under Chapter 70a, Utah Physician Assistant Act; or
1058          (iii) nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
1059     Compact - Revised.
1060          (2) Board members shall be appointed, serve terms, and be compensated in accordance
1061     with Section 58-1-201.
1062          (3) The board shall:
1063          (a) operate in accordance with Section 58-1-202, unless otherwise provided in this
1064     section;
1065          (b) oversee licenses under:
1066          (i) this chapter; and
1067          (ii) Chapter 61, Pyschologist Licensing Act;
1068          (c) recommend to the appropriate legislative committee statutory changes to:
1069          (i) ensure that regulation supports an adequate workforce to meet consumer demand for
1070     behavioral health services; and
1071          (ii) prevent harm to the health, safety, and financial welfare of the public;
1072          (d) recommend to the appropriate legislative committee statutory changes to remove
1073     regulations that are no longer necessary or effective in protecting the public and enhancing
1074     commerce; and
1075          (e) disqualify any member from acting as a presiding officer in any administrative
1076     procedure in which that member has previously reviewed the complaint or advised the division.
1077          (4) (a) There are created the following advisory committees to the board:
1078          (i) the Qualifications and Professional Development Advisory Committee;
1079          (ii) the Background and Investigations Advisory Committee; and

1080          (iii) the Probation and Compliance Advisory Committee.
1081          (b) Each advisory committee shall consist of:
1082          (i) a committee chair who is a member of the Behavioral Health Board;
1083          (ii) a member of each profession regulated under this chapter;
1084          (iii) Chapter 61, Psychologist Licensing Act; and
1085          (iv) as determined by the division in rule, additional members from the professions
1086     licensed under this chapter or Chapter 61, Psychologist Licensing Act.
1087          (c) In addition to the requirements of Subsection (4)(b):
1088          (i) the Qualifications and Professional Development Advisory Committee shall also
1089     consist of an educator for each profession regulated under this chapter and Chapter 61,
1090     Psychologist Licensing Act; and
1091          (ii) the Background and Investigations Advisory Committee shall also consist of a
1092     criminal justice professional.
1093          (d) The Qualifications and Professional Development Advisory Committee shall:
1094          (i) advise the division regarding qualifications for licensure, including passing scores
1095     for applicant examinations and standards of supervision for students or persons in training to
1096     become licensed;
1097          (ii) recommend evidence-based ongoing professional development requirements for
1098     licensure that:
1099          (A) ensure an adequate workforce to meet consumer demand; and
1100          (B) prevent harm to the health, safety, and financial welfare of the public;
1101          (iii) advise the division on the licensing, renewal, reinstatement, and relicensure of:
1102          (A) internationally trained applicants;
1103          (B) applicants applying via licensure by endorsement; and
1104          (C) applicants applying using an alternate pathway to licensure including a non-exam
1105     or equivalent field degree path;
1106          (iv) draw on additional profession-specific advisors as needed;
1107          (v) make policy recommendations to the board regarding qualifications for licensure or
1108     renewal for a specific profession, including the committee chair assigning at least one
1109     committee member licensed under that profession to serve as a subject matter expert; and
1110          (vi) make recommendations to the board related to an individual applicant for a

1111     specific license, including the committee chair assigning at least one committee member
1112     licensed under the same profession as the applicant to serve as a subject matter expert.
1113          (e) The Background and Investigations Advisory Committee shall:
1114          (i) advise the division on establishing criteria for licensure for those with a criminal
1115     conviction according to Section 58-1-401;
1116          (ii) advise the division on establishing criteria for referral to the Utah Professionals
1117     Health Program under Chapter 4a, Utah Professionals Health Program.
1118          (iii) screen applicants with a criminal history for licensing, renewal, reinstatement, and
1119     relicensure and recommending licensing, renewal, reinstatement, and relicensure actions to the
1120     division;
1121          (iv) advise the division on investigative practices and procedures and administrative
1122     sanctions for consistency and fairness across relevant occupations;
1123          (v) make recommendations to the board for sanctions against individual licensees and
1124     certificate holders and referral to the Utah Professionals Health Program under Chapter 4a,
1125     Utah Professionals Health Program;
1126          (vi) draw on additional profession-specific advisors as needed; and
1127          (vii) make recommendations to the board related to the disposition for any specific
1128     applicant or licensee, including the committee chair assigning at least one committee member
1129     licensed under the same profession as the applicant or licensee to serve as a subject matter
1130     expert.
1131          (f) The Probation and Compliance Advisory Committee shall:
1132          (i) review compliance with probationary orders;
1133          (ii) review early termination and make any recommendations as requested by the
1134     board;
1135          (iii) advise the board regarding the screening of applicants previously sanctioned for
1136     licensing, renewal, reinstatement, and relicensure, including recommending licensing, renewal,
1137     reinstatement, and relicensure actions to the board;
1138          (iv) establish procedures for monitoring sanctioned licensees or certificate holders;
1139          (v) draw on additional profession-specific advisors as needed; and
1140          (vi) make recommendations to the board related to the disposition for any specific
1141     licensee or certification holder, including the committee chair assigning a committee member

1142     licensed under the same profession as the licensee or certification holder to serve as a
1143     subject-matter expert related to that disposition.
1144          (5) The division, in consultation with the board, may establish one or more standing or
1145     ad hoc subcommittees to consider and advise the board regarding any aspect of licensing,
1146     including:
1147          (a) client or patient access to qualified licensees;
1148          (b) education, examination, and supervision of applicants for licensure;
1149          (c) verification of applicant for licensure qualifications;
1150          (d) continuing education requirements;
1151          (e) alternate pathways to licensure; and
1152          (f) probation and recovery assistance.
1153          (6) The division may consult with licensed psychologists on matters specific to the
1154     oversight of doctoral-level licensed psychologists.
1155          (7) Members of the board and any subcommittees created under this section may not
1156     receive compensation or benefits for the member's service, but may receive per diem and travel
1157     expenses in accordance with:
1158          (a) Section 63A-3-106;
1159          (b) Section 63A-3-107; and
1160          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1161          (8) The division shall consult with the Physicians Licensing Board created in Section
1162     58-67-201 on any matters relating to:
1163          (a) the licensing of individual certified prescribing psychologists and provisional
1164     prescribing psychologists; and
1165          (b) rulemaking related to the occupation of prescribing psychology.
1166          Section 12. Section 58-60-103.1 is amended to read:
1167          58-60-103.1. Criminal background check.
1168          (1) An applicant for licensure under this chapter who requires a criminal background
1169     check shall:
1170          (a) submit fingerprint cards in a form acceptable to the division at the time the license
1171     application is filed; and
1172          (b) consent to a fingerprint background check conducted by the Bureau of Criminal

1173     Identification and the Federal Bureau of Investigation, including the use of the Rap Back
1174     System, regarding the application and the applicant's future status as a license holder.
1175          (2) The division shall:
1176          (a) in addition to other fees authorized by this chapter, collect from each applicant
1177     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
1178     Identification is authorized to collect for the services provided under Section 53-10-108 and the
1179     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
1180     obtaining federal criminal history record information;
1181          (b) submit from each applicant the fingerprint card and the fees described in
1182     Subsection (2)(a) to the Bureau of Criminal Identification; and
1183          (c) obtain and retain in division records a signed waiver approved by the Bureau of
1184     Criminal Identification in accordance with Section 53-10-108 for each applicant.
1185          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
1186     Section 53-10-108:
1187          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
1188     and regional criminal records databases;
1189          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
1190     criminal history background check; and
1191          (c) provide the results from the state, regional, and nationwide criminal history
1192     background checks to the division.
1193          (4) For purposes of conducting a criminal background check required under this
1194     section, the division shall have direct access to criminal background information maintained
1195     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
1196          (5) The division may not:
1197          (a) disseminate outside of the division any criminal history record information that the
1198     division obtains from the Bureau of Criminal Identification or the Federal Bureau of
1199     Investigation under the criminal background check requirements of this section; or
1200          (b) issue a letter of qualification to participate in the Counseling Compact under
1201     Chapter 60a, Counseling Compact, until the criminal background check described in this
1202     section is completed.
1203          Section 13. Section 58-60-106 is amended to read:

1204          58-60-106. Status of licenses held on the effective date of this chapter --
1205     Grandfather provisions.
1206          (1) An individual holding a valid Utah license as a clinical social worker, certified
1207     social worker, social service worker, or marriage and family therapist under any licensing or
1208     practice acts in this title in effect immediately prior to July 1, 1994, is on and after July 1, 1994,
1209     considered to hold a current license under this chapter in the comparable classification as a
1210     clinical social worker, certified social worker, social service worker, or marriage and family
1211     therapist.
1212          (2) (a) An individual who, prior to May 1, 2024, began accruing supervised hours
1213     toward licensure or certification under supervision hours that change, may continue to qualify
1214     for licensure under the unchanged supervised hour requirements until January 1, 2027.
1215          (b) An individual who is acting as a supervisor, or working toward qualification to act
1216     as a supervisor, under qualification requirements that change, may continue to qualify to act as
1217     a supervisor under the unchanged qualification requirements until January 1, 2027.
1218          Section 14. Section 58-60-109 is amended to read:
1219          58-60-109. Unlawful conduct.
1220          As used in this chapter, "unlawful conduct" includes:
1221          (1) practice of the following unless licensed in the appropriate classification or
1222     exempted from licensure under this title:
1223          (a) mental health therapy;
1224          (b) clinical social work;
1225          (c) certified social work;
1226          (d) marriage and family therapy;
1227          (e) clinical mental health [counselor] counseling;
1228          (f) [practice as a social service worker; or] social service work;
1229          (g) master addiction counseling;
1230          [(g)] (h) substance use disorder [counselor] counseling;
1231          (i) advanced substance use disorder counseling; or
1232          (j) behavioral health coach work;
1233          (2) practice of mental health therapy by a licensed psychologist who has not acceptably
1234     documented to the division the licensed psychologist's completion of the supervised training in

1235     mental health therapy required under Subsection 58-61-304(1)(e); or
1236          (3) representing oneself as, or using the title of, the following:
1237          (a) unless currently licensed in a license classification under this title:
1238          (i) psychiatrist;
1239          (ii) psychologist;
1240          (iii) registered psychiatric mental health nurse specialist;
1241          (iv) mental health therapist;
1242          (v) clinical social worker;
1243          (vi) master addiction counselor;
1244          [(vi)] (vii) certified social worker;
1245          [(vii)] (viii) marriage and family therapist;
1246          [(viii)] (ix) clinical mental health counselor;
1247          [(ix)] (x) social service worker;
1248          [(x)] (xi) substance use disorder counselor;
1249          [(xi)] (xii) associate clinical mental health counselor; [or]
1250          [(xii)] (xiii) associate marriage and family therapist;
1251          (xiv) associate master addiction counselor;
1252          (xv) behavioral health coach; or
1253          (xvi) behavioral health technician; or
1254          (b) unless currently in possession of the credentials described in Subsection (4), social
1255     worker.
1256          (4) An individual may represent oneself as a, or use the title of, social worker if the
1257     individual possesses certified transcripts from an accredited institution of higher education,
1258     recognized by the division in collaboration with the [Social Work Licensing Board] board,
1259     verifying satisfactory completion of an education and an earned degree as follows:
1260          (a) a bachelor's or master's degree in a social work program accredited by the Council
1261     on Social Work Education or by the Canadian Association of Schools of Social Work; or
1262          (b) a doctoral degree that contains a clinical social work concentration and practicum
1263     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
1264     Administrative Rulemaking Act, that is consistent with Section 58-1-203.
1265          Section 15. Section 58-60-110 is amended to read:

1266          58-60-110. Unprofessional conduct.
1267          (1) As used in this chapter, "unprofessional conduct" includes:
1268          (a) using or employing the services of any individual to assist a licensee in any manner
1269     not in accordance with the generally recognized practices, standards, or ethics of the profession
1270     for which the individual is licensed, or the laws of the state;
1271          (b) failure to confine practice conduct to those acts or practices:
1272          (i) in which the individual is competent by education, training, and experience within
1273     limits of education, training, and experience; and
1274          (ii) which are within applicable scope of practice laws of this chapter;
1275          (c) disclosing or refusing to disclose any confidential communication under Section
1276     58-60-114 or 58-60-509; [and]
1277          (d) a pattern of failing to offer a patient the opportunity to waive the patient's privacy
1278     rights under the Standards for Privacy of Individually Identifiable Health Information, 45
1279     C.F.R., Parts 160 and 164[.];
1280          (e) a pattern of failing to provide to patients in a mental health therapy setting:
1281          (i) information regarding the license holder, including the name under which the
1282     license holder is licensed, the type of license held, the license number, and the license holder's
1283     contact information;
1284          (ii) if the individual's license requires the license holder to be supervised by another
1285     licensed provider, information regarding the supervisor, including the name under which the
1286     supervisor is licensed, the type of license held, the license number, and the supervisor's contact
1287     information;
1288          (iii) information regarding standards of appropriate care and ethical boundaries,
1289     including a plain language statement that in a professional relationship with a mental health
1290     practitioner, a dual relationship between a client and a provider, or one that is romantic,
1291     financially motivated, sexual, or otherwise risks impacting the provider's judgment or the
1292     quality of the services provided, is never appropriate and should be reported to the Division of
1293     Professional Licensing;
1294          (iv) unless the individual is under an order of temporary commitment or involuntary
1295     commitment, information regarding the client's rights, including that the client has the right to
1296     seek a second opinion, to ask for additional information, and to terminate treatment at any

1297     time; or
1298          (v) the contact information for the Division of Professional Licensing, including how
1299     to file a complaint; or
1300          (f) a pattern of failing to provide to patients, upon request, in a mental health setting:
1301          (i) information about the license holder's qualifications and experience, including a
1302     listing of any degrees, credentials, certifications, registrations, and licenses held or completed
1303     by the license holder, the name of the granting school or institution, and the continuing
1304     education that the licensee is required to complete in order to retain the license;
1305          (ii) information regarding standards of appropriate care and ethical boundaries,
1306     including a copy of the statutory and administrative rule definitions of unprofessional conduct,
1307     or a copy of the generally recognized professional or ethical standards;
1308          (iii) for any course of treatment, the method of treatment recommended, the reasoning
1309     supporting the method of treatment, the techniques used, the expected duration of the
1310     treatment, if known, and the fee structure; or
1311          (iv) information regarding the individuals who have or have had access to confidential
1312     data related to the care of the patient, including evaluations, assessments, diagnoses, prevention
1313     or treatment plans, reports, progress notes, discharge summaries, treatment or documentation of
1314     treatment, including video recording, live stream, or in-person observations of psychotherapy
1315     or other treatment methods.
1316          (2) "Unprofessional conduct" under this chapter may be further defined by division
1317     rule.
1318          (3) Notwithstanding Section 58-1-401, the division may not act upon the license of a
1319     licensee for unprofessional conduct under Subsection (1)(d).
1320          Section 16. Section 58-60-202 is amended to read:
1321          58-60-202. Definitions.
1322          In addition to the definitions in Sections 58-1-102 and 58-60-102, as used in this part:
1323          [(1) "Board" means the Social Worker Licensing Board created in Section 58-60-203.]
1324          [(2)] (1) (a) "Practice as a social service worker" means performance of general entry
1325     level services under general supervision of a mental health therapist through the application of
1326     social work theory, methods, and ethics in order to enhance the social or psychosocial
1327     functioning of an individual, a couple, a family, a group, or a community, including:

1328          (i) conducting:
1329          (A) a non-clinical psychosocial assessment; or
1330          (B) a home study;
1331          (ii) collaborative planning and goal setting[;], including drafting initial treatment plans,
1332     if:
1333          (A) the treatment plan is for a client with mild to moderate behavioral health symptoms
1334     or disorders, as assessed or diagnosed by a mental health therapist;
1335          (B) before treatment begins, the mental health therapist has reviewed and approved the
1336     treatment plan, and the client has been given an opportunity to consult with the mental health
1337     therapist; and
1338          (C) the social service worker is authorized in writing by a licensed health facility, as
1339     defined in Section 26B-2-201, or a licensed human service program, as defined in Section
1340     26B-2-101;
1341          (iii) ongoing case management;
1342          (iv) progress monitoring, including drafting treatment plan reviews and updates, if the
1343     requirements of Subsections (1)(a)(ii)(A) through (C) have been met;
1344          (v) supportive counseling and psychosocial education, including:
1345          (A) providing individual and group support and psychosocial education related to
1346     behavioral health literacy, wellness education and promotion, goal setting, life skills, and
1347     coping skills;
1348          (B) providing evidence-based, manualized therapeutic interventions according to a
1349     treatment plan approved by a mental health therapist, while under the supervision of a mental
1350     health therapist, in the treatment of mild to moderate behavioral health symptoms or disorders,
1351     as assessed or diagnosed by the mental health therapist; and
1352          (C) co-facilitating group therapy with a mental health therapist;
1353          (vi) information gathering;
1354          (vii) making referrals, including crisis referrals; [and]
1355          (viii) engaging in advocacy[.];
1356          (ix) care navigation; and
1357          (x) the supervision and training of social work students of an accredited institution who
1358     are seeking bachelor's degrees in social work, if the social service worker has two years of

1359     post-licensure work experience.
1360          (b) Except for the acts described in Subsection (1)(a)(v)(B), "Practice as a social
1361     service worker" does not include:
1362          (i) diagnosing or treating mental illness; or
1363          (ii) providing psychotherapeutic services to an individual, couple, family, group, or
1364     community.
1365          [(3)] (2) "Practice of clinical social work" includes:
1366          (a) the practice of mental health therapy by observation, description, evaluation,
1367     interpretation, intervention, and treatment to effect modification of behavior by the application
1368     of generally recognized professional social work principles, methods, and procedures for the
1369     purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction, the
1370     symptoms of any of these, or maladaptive behavior;
1371          (b) the application of generally recognized psychotherapeutic and social work
1372     principles and practices requiring the education, training, and clinical experience of a clinical
1373     social worker; and
1374          (c) supervision of the practice of a certified social worker or social service worker as
1375     the supervision is required under this chapter and as further defined by division rule.
1376          [(4)] (3) "Practice of certified social work" includes:
1377          (a) the supervised practice of mental health therapy by a clinical social worker by
1378     observation, description, evaluation, interpretation, intervention, and treatment to effect
1379     modification of behavior by the application of generally recognized professional social work
1380     principles, methods, and procedures for the purpose of preventing, treating, or eliminating
1381     mental or emotional illness or dysfunctions, the symptoms of any of these, or maladaptive
1382     behavior;
1383          (b) the supervised or independent and unsupervised application of generally recognized
1384     professional social work principles and practices requiring the education, training, and
1385     experience of a certified social worker; and
1386          (c) supervision of the practice of a social service worker as the supervision is required
1387     under this chapter and as further defined by division rule.
1388          [(5)] (4) "Program accredited by the Council on Social Work Education" means a
1389     program that:

1390          (a) was accredited by the Council on Social Work Education on the day on which the
1391     applicant for licensure satisfactorily completed the program; or
1392          (b) was in candidacy for accreditation by the Council on Social Work Education on the
1393     day on which the applicant for licensure satisfactorily completed the program.
1394          [(6)] (5) "Supervision of a social service worker" means supervision conducted by an
1395     individual licensed as a mental health therapist under this title in accordance with division rules
1396     made in collaboration with the board.
1397     The following section is affected by a coordination clause at the end of this bill.
1398          Section 17. Section 58-60-205 is amended to read:
1399          58-60-205. Qualifications for licensure or certification as a clinical social worker,
1400     certified social worker, and social service worker.
1401          (1) An applicant for licensure as a clinical social worker shall:
1402          (a) submit an application on a form provided by the division;
1403          (b) pay a fee determined by the department under Section 63J-1-504;
1404          (c) produce certified transcripts from an accredited institution of higher education
1405     recognized by the division in collaboration with the board verifying satisfactory completion of
1406     an education and an earned degree as follows:
1407          (i) a master's degree in a social work program accredited by the Council on Social
1408     Work Education or by the Canadian Association of Schools of Social Work; or
1409          (ii) a doctoral degree that contains a clinical social work concentration and practicum
1410     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
1411     Administrative Rulemaking Act, that is consistent with Section 58-1-203;
1412          [(d) have completed a minimum of 3,000 hours of clinical social work training as
1413     defined by division rule under Section 58-1-203:]
1414          [(i) under the supervision of a supervisor approved by the division in collaboration
1415     with the board who is a:]
1416          [(A) clinical mental health counselor;]
1417          [(B) psychiatrist;]
1418          [(C) psychologist;]
1419          [(D) registered psychiatric mental health nurse practitioner;]
1420          [(E) marriage and family therapist; or]

1421          [(F) clinical social worker; and]
1422          [(ii) including a minimum of two hours of training in suicide prevention via a course
1423     that the division designates as approved;]
1424          (d) if required under federal law for any licensee as a clinical social worker to qualify
1425     as an eligible professional under CMS rules for Medicare payment, document completion of:
1426          (i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1427     under Subsection (1)(e); or
1428          (ii) not less than two years of clinical supervision;
1429          (e) document successful completion of not less than 1,200 direct client care hours:
1430          (i) obtained after completion of the education requirements under Subsection (1)(c);
1431          (ii) subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical
1432     supervision hours under the supervision of a clinical supervisor;
1433          (iii) not less than 25 of which are direct observation hours; and
1434          (iv) not more than 25 of which are group supervision hours accrued concurrently with
1435     more than one other applicant for licensure;
1436          [(e) document successful completion of not less than 1,000 hours of supervised
1437     training in mental health therapy obtained after completion of the education requirement in
1438     Subsection (1)(c), which training may be included as part of the 3,000 hours of training in
1439     Subsection (1)(d), and of which documented evidence demonstrates not less than 75 of the
1440     hours were obtained under the direct supervision, as defined by rule, of a supervisor described
1441     in Subsection (1)(d)(i);]
1442          (f) document successful completion of not less than two hours of training in suicide
1443     prevention, obtained after completion of the education requirements under Subsection (1)(c)
1444     via a course that the division designates as approved;
1445          [(f)] (g) have completed a case work, group work, or family treatment course sequence
1446     with a clinical practicum in content as defined by rule under Section 58-1-203;
1447          [(g)] (h) (i) pass the examination requirement established by rule under Section
1448     58-1-203; [and] or
1449          (ii) satisfy the following requirements:
1450          (A) document at least one examination attempt that did not result in a passing score;
1451          (B) document successful completion of not less than 500 additional direct client care

1452     hours, at least 25 of which are direct clinical supervision hours, and at least five of which are
1453     direct observation hours;
1454          (C) submit to the division a recommendation letter from the applicant's direct clinical
1455     supervisor; and
1456          (D) submit to the division a recommendation letter from another licensed mental health
1457     therapist who has directly observed the applicant's direct client care hours and who is not the
1458     applicant's direct clinical supervisor; and
1459          [(h)] (i) [if the applicant is applying to participate in the Counseling Compact under
1460     Chapter 60a, Counseling Compact,] consent to a criminal background check in accordance
1461     with Section 58-60-103.1 and any requirements established by division rule made in
1462     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1463          (2) An applicant for licensure as a certified social worker shall:
1464          (a) submit an application on a form provided by the division;
1465          (b) pay a fee determined by the department under Section 63J-1-504; and
1466          (c) produce certified transcripts from an accredited institution of higher education
1467     recognized by the division in collaboration with the board verifying satisfactory completion of
1468     an education and an earned degree as follows:
1469          (i) a master's degree in a social work program accredited by the Council on Social
1470     Work Education or by the Canadian Association of Schools of Social Work; or
1471          (ii) a doctoral degree that contains a clinical social work concentration and practicum
1472     approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
1473     Administrative Rulemaking Act, that is consistent with Section 58-1-203[.]; and
1474          (d) shall consent to a criminal background check in accordance with Section
1475     58-60-103.1 and any requirements established by division rule made in accordance with Title
1476     63G, Chapter 3, Utah Administrative Rulemaking Act.
1477          (3) An applicant for licensure as a social service worker shall:
1478          (a) submit an application on a form provided by the division;
1479          (b) pay a fee determined by the department under Section 63J-1-504; and
1480          (c) produce certified transcripts from an accredited institution of higher education
1481     recognized by the division in collaboration with the board verifying satisfactory completion of
1482     an education and an earned degree as follows:

1483          (i) a bachelor's degree in a social work program accredited by the Council on Social
1484     Work Education or by the Canadian Association of Schools of Social Work;
1485          (ii) a master's degree in a field approved by the division in collaboration with the
1486     board;
1487          (iii) a bachelor's degree in any field if the applicant:
1488          (A) has completed at least three semester hours, or the equivalent, in each of the
1489     following areas:
1490          (I) social welfare policy;
1491          (II) human growth and development; and
1492          (III) social work practice methods, as defined by rule; and
1493          (B) provides documentation that the applicant has completed at least 2,000 hours of
1494     qualifying experience under the supervision of a mental health therapist, which experience is
1495     approved by the division in collaboration with the board, and which is performed after
1496     completion of the requirements to obtain the bachelor's degree required under this Subsection
1497     [(4)] (3); or
1498          (iv) successful completion of the first academic year of a Council on Social Work
1499     Education approved master's of social work curriculum and practicum.
1500          (4) The division shall ensure that the rules for an examination described under
1501     Subsection [(1)(g)] (1)(h)(i) allow additional time to complete the examination if requested by
1502     an applicant who is:
1503          (a) a foreign born legal resident of the United States for whom English is a second
1504     language; or
1505          (b) an enrolled member of a federally recognized Native American tribe.
1506          Section 18. Section 58-60-207 is amended to read:
1507          58-60-207. Scope of practice -- Limitations.
1508          (1) [(a)] A clinical social worker may engage in all acts and practices defined as the
1509     practice of clinical social work without supervision, in private and independent practice, or as
1510     an employee of another person, limited only by the licensee's education, training, and
1511     competence.
1512          [(b) A clinical social worker may not supervise more than six individuals who are
1513     lawfully engaged in training for the practice of mental health therapy, unless granted an

1514     exception in writing from the division in collaboration with the board.]
1515          (2) To the extent an individual is professionally prepared by the education and training
1516     track completed while earning a master's or doctor of social work degree, a licensed certified
1517     social worker may engage in all acts and practices defined as the practice of certified social
1518     work consistent with the licensee's education, clinical training, experience, and competence:
1519          (a) under supervision of an individual described in Subsection [58-60-205(1)(d)(i)]
1520     58-60-205(2)(d)(ii) and as an employee of another person when engaged in the practice of
1521     mental health therapy;
1522          (b) without supervision and in private and independent practice or as an employee of
1523     another person, if not engaged in the practice of mental health therapy;
1524          (c) including engaging in the private, independent, unsupervised practice of social
1525     work as a self-employed individual, in partnership with other mental health therapists, as a
1526     professional corporation, or in any other capacity or business entity, so long as he does not
1527     practice unsupervised psychotherapy; and
1528          (d) supervising social service workers as provided by division rule.
1529          Section 19. Section 58-60-302 is amended to read:
1530          58-60-302. Definitions.
1531          In addition to the definitions in Sections 58-1-102 and 58-60-102, as used in this part:
1532          (1) "Assess" means the use of diagnostic procedures, tests, and interview techniques
1533     generally accepted as standard in mental health therapy to diagnose any condition related to
1534     mental, emotional, behavioral, and social disorders or dysfunctions.
1535          [(2) "Board" means the Marriage and Family Therapist Licensing Board created in
1536     Section 58-60-303.]
1537          [(3)] (2) "Practice of marriage and family therapy" includes:
1538          (a) the process of providing professional mental health therapy including
1539     psychotherapy to individuals, couples, families, or groups;
1540          (b) utilizing established principles that recognize the interrelated nature of individual
1541     problems and dysfunctions in family members to assess, diagnose, and treat mental, emotional,
1542     and behavioral disorders;
1543          (c) individual, premarital, relationship, marital, divorce, and family therapy;
1544          (d) specialized modes of treatment for the purpose of diagnosing and treating mental,

1545     emotional, and behavioral disorders, modifying interpersonal and intrapersonal dysfunction,
1546     and promoting mental health; and
1547          (e) assessment utilized to develop, recommend, and implement appropriate plans of
1548     treatment, dispositions, and placement related to the functioning of the individual, couple,
1549     family, or group.
1550          Section 20. Section 58-60-305 is amended to read:
1551          58-60-305. Qualifications for licensure.
1552          (1) All applicants for licensure as marriage and family therapists shall:
1553          (a) submit an application on a form provided by the division;
1554          (b) pay a fee determined by the department under Section 63J-1-504;
1555          (c) produce certified transcripts evidencing completion of a masters or doctorate degree
1556     in marriage and family therapy from:
1557          (i) a program accredited by the Commission on Accreditation for Marriage and Family
1558     Therapy Education; or
1559          (ii) an accredited institution meeting criteria for approval established by rule under
1560     Section 58-1-203;
1561          [(d) have completed a minimum of 3,000 hours of marriage and family therapy training
1562     as defined by division rule under Section 58-1-203:]
1563          [(i) under the supervision of a mental health therapist supervisor who meets the
1564     requirements of Section 58-60-307;]
1565          [(ii) obtained after completion of the education requirement in Subsection (1)(c); and]
1566          (d) if required under federal law for any licensee as a marriage and family therapist to
1567     qualify as an eligible professional under CMS rules for Medicare payment, document
1568     completion of:
1569          (i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1570     under Subsection (2)(e); or
1571          (ii) not less than two years of clinical supervision;
1572          (e) document successful completion of not less than 1,200 direct client care hours:
1573          (i) obtained after completion of the education requirements under Subsection (1)(c);
1574          (ii) subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical
1575     supervision hours under the supervision of a clinical supervisor obtained after completion of

1576     the education requirements under Subsection (1)(c);
1577          (iii) not less than 25 of which are direct observation hours; and
1578          (iv) not more than 25 of which are group supervision hours concurrently with more
1579     than one other applicant for licensure.
1580          [(iii)] (f) [including a minimum of] document successful completion of not less than
1581     two hours of training in suicide prevention obtained after completion of the education
1582     requirements under Subsection (1)(c) via a course that the division designates as approved;
1583          [(e) document successful completion of not less than 1,000 hours of supervised
1584     training in mental health therapy obtained after completion of the education requirement
1585     described in Subsection (1)(c), which training may be included as part of the 3,000 hours of
1586     training described in Subsection (1)(d), and of which documented evidence demonstrates not
1587     less than 75 of the supervised hours were obtained during direct, personal supervision, as
1588     defined by rule, by a mental health therapist supervisor qualified under Section 58-60-307;]
1589          [(f)] (g) (i) pass the examination requirement established by division rule under Section
1590     58-1-203; [and] or
1591          (ii) satisfy the following requirements:
1592          (A) document at least one examination attempt that did not result in a passing score;
1593          (B) document successful completion of not less than 500 additional direct client care
1594     hours, not less than 25 of which are direct clinical supervision hours, and not less than five of
1595     which are direct observation hours by a mental health therapist or supervisor;
1596          (C) submit to the division a recommendation letter from the applicant's direct clinical
1597     supervisor; and
1598          (D) submit to the division a recommendation letter from another licensed mental health
1599     therapist who has directly observed the applicant's direct client care hours and who is not the
1600     applicant's direct clinical supervisor; and
1601          [(g)] (h) [if the applicant is applying to participate in the Counseling Compact under
1602     Chapter 60a, Counseling Compact,] consent to a criminal background check in accordance
1603     with Section 58-60-103.1 and any requirements established by division rule made in
1604     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1605          (2) [(a)] All applicants for licensure as an associate marriage and family therapist shall
1606     comply with the provisions of Subsections (1)(a) through (c)[.] and (h):

1607          [(b) An individual's license as an associate marriage and family therapist is limited to
1608     the period of time necessary to complete clinical training as described in Subsections (1)(d) and
1609     (e) and extends not more than two years from the date the minimum requirement for training is
1610     completed, unless the individual presents satisfactory evidence to the division and the
1611     appropriate board that the individual is making reasonable progress toward passing of the
1612     qualifying examination for that profession or is otherwise on a course reasonably expected to
1613     lead to licensure, but the period of time under this Subsection (2)(b) may not exceed four years
1614     past the date the minimum supervised clinical training requirement has been completed.]
1615          Section 21. Section 58-60-402 is amended to read:
1616          58-60-402. Definitions.
1617          In addition to the definitions in Sections 58-1-102 and 58-60-102, as used in this part:
1618          [(1) "Board" means the Clinical Mental Health Counselor Licensing Board created in
1619     Section 58-60-403.]
1620          [(2)] (1) "Practice of clinical mental health counseling" means the practice of mental
1621     health therapy by means of observation, description, evaluation, interpretation, intervention,
1622     and treatment to effect modification of human behavior by the application of generally
1623     recognized clinical mental health counseling principles, methods, and procedures for the
1624     purpose of preventing, treating, or eliminating mental or emotional illness or dysfunction,
1625     symptoms of any of these, or maladaptive behavior.
1626          Section 22. Section 58-60-405 is amended to read:
1627          58-60-405. Qualifications for licensure.
1628          (1) An applicant for licensure as a clinical mental health counselor shall:
1629          (a) submit an application on a form provided by the division;
1630          (b) pay a fee determined by the department under Section 63J-1-504;
1631          (c) produce certified transcripts evidencing completion of:
1632          (i) a master's or doctorate degree conferred to the applicant in:
1633          (A) clinical mental health counseling, clinical rehabilitation counseling, counselor
1634     education and supervision from a program accredited by the Council for Accreditation of
1635     Counseling and Related Educational Programs; or
1636          (B) clinical mental health counseling or an equivalent field from a program affiliated
1637     with an institution that has accreditation that is recognized by the Council for Higher Education

1638     Accreditation; and
1639          (ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
1640     an educational program described in Subsection (1)(c)(i);
1641          [(d) have completed a minimum of 3,000 hours of clinical mental health counselor
1642     training as defined by division rule under Section 58-1-203:]
1643          (d) if required under federal law for any licensee as a clinical mental health counselor
1644     to qualify as an eligible professional under CMS rules for Medicare payment, document
1645     completion of:
1646          (i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1647     under Subsection (1)(e); or
1648          (ii) not less than two years of clinical supervision;
1649          (e) document successful completion of not less than 1,200 direct client care hours:
1650          (i) obtained after completion of the education requirements under Subsection (1)(c);
1651          [(i)] (ii) [under the supervision of a clinical mental health counselor, psychiatrist,
1652     psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
1653     marriage and family therapist supervisor approved by the division in collaboration with the
1654     board;] subject to Subsection (1)(e)(iii), not less than 100 of which are direct clinical
1655     supervision hours under the supervision of a clinical supervisor;
1656          (iii) not less than 25 of which are direct observation hours; and
1657          (iv) not more than 25 of which are group supervision hours concurrently with more
1658     than one other applicant for licensure;
1659          [(ii) obtained after completion of the education requirement in Subsection (1)(c); and]
1660          [(iii)] (f) [including a minimum of] document successful completion of not less than
1661     two hours of training in suicide prevention obtained after completion of the education
1662     requirements under Subsection (1)(c) via a course that the division designates as approved;
1663          [(e) document successful completion of not less than 1,000 hours of supervised
1664     training in mental health therapy obtained after completion of the education requirement in
1665     Subsection (1)(c), which training may be included as part of the 3,000 hours of training in
1666     Subsection (1)(d), and of which documented evidence demonstrates not less than 75 of the
1667     hours were obtained under the direct supervision of a mental health therapist, as defined by
1668     rule;]

1669          [(f)] (g) (i) pass the examination requirement established by division rule under Section
1670     58-1-203; [and] or
1671          (ii) satisfy the following requirements:
1672          (A) document at least one examination attempt that did not result in a passing score;
1673          (B) document successful completion of not less than 500 additional direct client care
1674     hours, not less than 25 of which are direct clinical supervision hours, and not less than five of
1675     which are direct observation hours by a clinical supervisor;
1676          (C) submit to the division a recommendation letter from the applicant's direct clinical
1677     supervisor; and
1678          (D) submit to the division a recommendation letter from another licensed mental health
1679     therapist who has directly observed the applicant's direct client care hours and who is not the
1680     applicant's direct clinical supervisor; and
1681          [(g)] (h) [if the applicant is applying to participate in the Counseling Compact under
1682     Chapter 60a, Counseling Compact,] consent to a criminal background check in accordance
1683     with Section 58-60-103.1 and any requirements established by division rule made in
1684     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1685          (2) [(a)] An applicant for licensure as an associate clinical mental health counselor
1686     shall comply with the provisions of Subsections (1)(a) through (c) and (h).
1687          [(b) Except as provided under Subsection (2)(c), an individual's licensure as an
1688     associate clinical mental health counselor is limited to the period of time necessary to complete
1689     clinical training as described in Subsections (1)(d) and (e) and extends not more than two year
1690     from the date the minimum requirement for training is completed.]
1691          [(c) The time period under Subsection (2)(b) may be extended to a maximum of four
1692     years past the date the minimum supervised clinical training requirement has been completed,
1693     if the applicant presents satisfactory evidence to the division and the appropriate board that the
1694     individual is:]
1695          [(i) making reasonable progress toward passing of the qualifying examination for that
1696     profession; or]
1697          [(ii) otherwise on a course reasonably expected to lead to licensure.]
1698          (3) Notwithstanding Subsection (1)(c), an applicant satisfies the education requirement
1699     described in Subsection (1)(c) if the applicant submits documentation verifying:

1700          (a) satisfactory completion of a doctoral or master's degree from an educational
1701     program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
1702     and Related Educational Programs;
1703          (b) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
1704     hours of coursework related to an educational program described in Subsection (1)(c)(i); and
1705          (c) that the applicant received a passing score that is valid and in good standing on:
1706          (i) the National Counselor Examination; and
1707          (ii) the National Clinical Mental Health Counseling Examination.
1708          Section 23. Section 58-60-407 is amended to read:
1709          58-60-407. Scope of practice -- Limitations.
1710          (1) [(a)] A licensed clinical mental health counselor may engage in all acts and
1711     practices defined as the practice of clinical mental health counseling without supervision, in
1712     private and independent practice, or as an employee of another person, limited only by the
1713     licensee's education, training, and competence.
1714          [(b) A licensed clinical mental health counselor may not supervise more than six
1715     individuals who are lawfully engaged in training for the practice of mental health therapy,
1716     unless granted an exception in writing from the division in collaboration with the board.]
1717          (2) (a) To the extent an individual has completed the educational requirements of
1718     Subsection 58-60-305(1)(c), a licensed associate clinical mental health counselor may engage
1719     in all acts and practices defined as the practice of clinical mental health counseling if the
1720     practice is:
1721          (i) within the scope of employment as a licensed clinical mental health counselor with
1722     a public agency or private clinic as defined by division rule; and
1723          (ii) under supervision of a qualified licensed mental health therapist as defined in
1724     Section 58-60-102.
1725          (b) A licensed associate clinical mental health counselor may not engage in the
1726     independent practice of clinical mental health counseling.
1727          Section 24. Section 58-60-502 is amended to read:
1728          58-60-502. Definitions.
1729          In addition to the definitions in Sections 58-1-102 and 58-60-102, as used in this part:
1730          [(1) "Board" means the Substance Use Disorder Counselor Licensing Board created in

1731     Section 58-60-503.]
1732          [(2)] (1) (a) "Counseling" means a collaborative process that facilitates the client's
1733     progress toward mutually determined treatment goals and objectives.
1734          (b) "Counseling" includes:
1735          (i) methods that are sensitive to an individual client's characteristics, to the influence of
1736     significant others, and to the client's cultural and social context; and
1737          (ii) an understanding, appreciation, and ability to appropriately use the contributions of
1738     various addiction counseling models as the counseling models apply to modalities of care for
1739     individuals, groups, families, couples, and significant others.
1740          [(3)] (2) "Direct supervision" means:
1741          (a) a minimum of one hour of supervision by a supervisor of the substance use disorder
1742     counselor for every 40 hours of client care provided by the substance use disorder counselor,
1743     which supervision may include group supervision;
1744          (b) the supervision is conducted in a face-to-face manner, unless otherwise approved
1745     on a case-by-case basis by the division in collaboration with the board; and
1746          (c) a supervisor is available for consultation with the counselor at all times.
1747          [(4)] (3) "General supervision" shall be defined by division rule.
1748          [(5)] (4) "Group supervision" means more than one counselor licensed under this part
1749     meets with the supervisor at the same time.
1750          [(6)] (5) "Individual supervision" means only one counselor licensed under this part
1751     meets with the supervisor at a given time.
1752          [(7) "Practice as a certified advanced substance use disorder counselor" and "practice
1753     as a certified advanced substance use disorder counselor intern" means providing services
1754     described in Subsection (9) under the direct supervision of a mental health therapist or licensed
1755     advanced substance use disorder counselor.]
1756          [(8) "Practice as a certified substance use disorder counselor" and "practice as a
1757     certified substance use disorder counselor intern" means providing the services described in
1758     Subsections (10)(a) and (b) under the direct supervision of a mental health therapist or licensed
1759     advanced substance use disorder counselor.]
1760          [(9)] (6) "Practice as [a licensed] an advanced substance use disorder counselor"
1761     means:

1762          (a) providing the services described in Subsections [(10)(a)] (7)(a) and (b);
1763          (b) screening and assessing of individuals, including identifying substance use disorder
1764     symptoms and behaviors and co-occurring mental health issues;
1765          (c) treatment planning for substance use disorders, including initial planning, reviewing
1766     and updating treatment plans for substance use disorders, ongoing intervention, continuity of
1767     care, discharge planning, planning for relapse prevention, and long term recovery support;
1768     [and]
1769          (d) supervising a [certified substance use disorder counselor, certified substance use
1770     disorder counselor intern, certified advanced substance use disorder counselor, certified
1771     advanced substance use disorder counselor intern, or licensed] substance use disorder
1772     counselor in accordance with Subsection 58-60-508(2)[.]; and
1773          (e) conducting supportive counseling and psychosocial education for substance use
1774     disorders and co-occurring mental health disorders, including:
1775          (i) providing individual and group support;
1776          (ii) providing individual and group psychosocial education; and
1777          (iii) providing manualized therapeutic interventions if:
1778          (A) conducted under the supervision of a mental health therapist;
1779          (B) for the treatment of mild to moderate behavioral health symptoms or disorders, as
1780     diagnosed by a mental health therapist; and
1781          (C) consistent with the client's treatment plan approved by a mental health therapist.
1782          (7) "Practice as a master addiction counselor" means the practice of mental health
1783     therapy by means of observation, description, evaluation, interpretation, intervention, and
1784     treatment to effect modification of human behavior by:
1785          (a) the application of generally recognized substance use disorder counseling and
1786     addiction counseling principles, methods, and procedures for the purpose of preventing,
1787     treating, or eliminating mental or emotional illness or dysfunction, symptoms of any of these,
1788     or maladaptive behavior; and
1789          (b) the supervision of advanced substance use disorder counselor or substance use
1790     disorder counselor.
1791          (8) "Practice as an associate master addiction counselor" means the same as the
1792     practice as a master addiction counselor, except while under the supervision of a clinical

1793     supervisor.
1794          [(10)] (9) (a) "Practice as a substance use disorder counselor" means providing services
1795     as an employee of a substance use disorder agency under the general supervision of a licensed
1796     mental health therapist to individuals or groups of persons, whether in person or remotely, for
1797     conditions of substance use disorders consistent with the education and training of a substance
1798     use disorder counselor required under this part, and the standards and ethics of the profession
1799     as approved by the division in collaboration with the board.
1800          (b) "Practice as a substance use disorder counselor" includes:
1801          (i) administering the screening process by which a client is determined to need
1802     substance use disorder services, which may include screening, brief intervention, and treatment
1803     referral;
1804          (ii) conducting the administrative intake procedures for admission to a program;
1805          (iii) conducting orientation of a client, including:
1806          (A) describing the general nature and goals of the program;
1807          (B) explaining rules governing client conduct and infractions that can lead to
1808     disciplinary action or discharge from the program;
1809          (C) explaining hours during which services are available in a nonresidential program;
1810          (D) treatment costs to be borne by the client, if any; and
1811          (E) describing the client's rights as a program participant;
1812          (iv) conducting assessment procedures by which a substance use disorder counselor
1813     gathers information related to an individual's strengths, weaknesses, needs, and substance use
1814     disorder symptoms for the development of the treatment plan;
1815          (v) participating in the process of treatment planning, including recommending specific
1816     interventions to support existing treatment goals and objectives developed by the substance use
1817     disorder counselor, the mental health therapist, and the client to:
1818          (A) identify and rank problems needing resolution;
1819          (B) establish agreed upon immediate and long term goals; and
1820          (C) decide on a treatment process and the resources to be utilized;
1821          (vi) monitoring compliance with treatment plan progress;
1822          (vii) providing substance use disorder counseling services to alcohol and drug use
1823     disorder clients and significant people in the client's life as part of a comprehensive treatment

1824     plan, including:
1825          (A) leading specific task-oriented groups, didactic groups, and group discussions;
1826          (B) cofacilitating group therapy with a licensed mental health therapist; and
1827          (C) engaging in one-on-one interventions and interactions coordinated by a mental
1828     health therapist;
1829          (viii) performing case management activities that bring services, agencies, resources, or
1830     people together within a planned framework of action toward the achievement of established
1831     goals, including, when appropriate, liaison activities and collateral contacts;
1832          (ix) providing substance use disorder crisis intervention services;
1833          (x) providing client education to individuals and groups concerning alcohol and other
1834     substance use disorders, including identification and description of available treatment services
1835     and resources;
1836          (xi) identifying the needs of the client that cannot be met by the substance use disorder
1837     counselor or substance use disorder agency and referring the client to appropriate services and
1838     community resources;
1839          (xii) developing and providing effective reporting and recordkeeping procedures and
1840     services, which include charting the results of the assessment and treatment plan, writing
1841     reports, progress notes, discharge summaries, and other client-related data; and
1842          (xiii) consulting with other professionals in regard to client treatment and services to
1843     assure comprehensive quality care for the client.
1844          (c) "Practice as a substance use disorder counselor" does not include:
1845          (i) the diagnosing of mental illness, including substance use disorders, as defined in
1846     Section 58-60-102;
1847          (ii) engaging in the practice of mental health therapy as defined in Section 58-60-102;
1848     or
1849          (iii) the performance of a substance use disorder diagnosis, other mental illness
1850     diagnosis, or psychological testing.
1851          [(11)] (10) "Program" means a substance use disorder agency that provides substance
1852     use disorder services, including recovery support services.
1853          [(12)] (11) "Recovery support services" means services provided to an individual who
1854     is identified as having need of substance use disorder preventive or treatment services, either

1855     before, during, or after an episode of care that meets the level of care standards established by
1856     division rule.
1857          [(13)] (12) "Substance use disorder agency" means a public or private agency, health
1858     care facility, or health care practice that:
1859          (a) provides substance use disorder services, recovery support services, primary health
1860     care services, or substance use disorder preventive services; and
1861          (b) employs qualified mental health therapists in sufficient number to:
1862          (i) evaluate the condition of clients being treated by each counselor licensed under this
1863     part and employed by the substance use disorder agency; and
1864          (ii) ensure that appropriate substance use disorder services are being given.
1865          [(14)] (13) "Substance use disorder education program" means a formal program of
1866     substance use disorder education offered by an accredited institution of higher education that
1867     meets standards established by division rule.
1868          Section 25. Section 58-60-504 is amended to read:
1869          58-60-504. License classification.
1870          The division shall issue substance use disorder counselor licenses to individuals
1871     qualified under this part in the classification of:
1872          (1) master addiction counselor;
1873          (2) associate master addiction counselor;
1874          [(1)] (3) licensed advanced substance use disorder counselor; and
1875          [(2) certified advanced substance use disorder counselor;]
1876          [(3) certified advanced substance use disorder counselor intern;]
1877          (4) licensed substance use disorder counselor[;].
1878          [(5) certified substance use disorder counselor; and]
1879          [(6) certified substance use disorder counselor intern.]
1880          Section 26. Section 58-60-506 is amended to read:
1881          58-60-506. Qualifications for licensure.
1882          [(1) An applicant for licensure under this part on and after July 1, 2012, must meet the
1883     following qualifications:]
1884          [(a) submit an application in a form prescribed by the division;]
1885          [(b) pay a fee determined by the department under Section 63J-1-504;]

1886          [(c) satisfy the requirements of Subsection (2), (3), (4), (5), (6), or (7) respectively;
1887     and]
1888          [(d) except for licensure as a certified substance use disorder counselor intern and a
1889     certified advanced substance use disorder counselor intern, satisfy the examination requirement
1890     established by division rule under Section 58-1-203.]
1891          (1) Subject to Subsection (2), an applicant for licensure as master addiction counselor
1892     based on education, training, and experience shall:
1893          (a) submit an application on a form provided by the division;
1894          (b) pay a fee determined by the department under Section 63J-1-504;
1895          (c) document successful completion of not less than two hours of training in suicide
1896     prevention obtained after completion of the education requirements under Subsection (1)(d) via
1897     a course that the division designates as approved;
1898          (d) produce a certified transcript from an accredited institution of higher education that
1899     meets standards established by division rule under Section 58-1-203, verifying the satisfactory
1900     completion of a doctoral or masters degree in:
1901          (i) substance use disorders or addiction counseling and treatment; or
1902          (ii) (A) a counseling subject approved by the division in collaboration with the board,
1903     which may include social work, mental health counseling, marriage and family therapy,
1904     psychology, or medicine;
1905          (B) an associate's degree or higher, or 18 credit hours, in substance use disorder or
1906     addiction counseling and treatment from a regionally accredited institution of higher education;
1907          (e) if required under federal law for any licensee as a master addiction counselor to
1908     qualify as an eligible professional under CMS rules for Medicare payment, document
1909     completion of:
1910          (i) not less than 3,000 hours of clinical supervision, which includes hours accrued
1911     under Subsection (1)(g); or
1912          (ii) not less than two years of clinical supervision;
1913          (f) document successful completion of not less than 1,200 direct client care hours:
1914          (i) obtained after completion of the education requirements under Subsection
1915     (1)(d)(ii)(B);
1916          (ii) subject to Subsection (1)(f)(iii), not less than 100 of which are direct clinical

1917     supervision hours under the supervision of a clinical supervisor;
1918          (iii) not less than 25 of which are direct observation hours; and
1919          (iv) not more than 25 of which are group supervision hours concurrently with more
1920     than one other applicant for licensure;
1921          (g) if the applicant for licensure produces a transcript described in Subsection
1922     (1)(d)(ii)(B), evidence completion of an additional 200 hours of direct client care hours in
1923     substance use disorder or addiction treatment;
1924          (h) (i) pass the examination requirement established by division rule under Section
1925     58-1-203; or
1926          (ii) satisfy the following requirements:
1927          (A) document at least one examination attempt that did not result in a passing score;
1928          (B) document successful completion of not less than 500 additional direct client care
1929     hours, not less than 25 of which are direct clinical supervision hours, and not less than five of
1930     which are direct observation hours by a clinical supervisor;
1931          (C) submit to the division a recommendation letter from the applicant's direct clinical
1932     supervisor; and
1933          (D) submit to the division a recommendation letter from another licensed mental health
1934     therapist who has directly observed the applicant's direct client care hours and who is not the
1935     applicant's direct clinical supervisor;
1936          (i) consent to a criminal background check in accordance with Section 58-60-103.1 and
1937     any requirements established by division rule made in accordance with Title 63G, Chapter 3,
1938     Utah Administrative Rulemaking Act.
1939          (2) In lieu of the requirements under Subsections (1)(d) through (i), an applicant for
1940     licensure as master addiction counselor may document current certification in good standing as:
1941          (a) a master addiction counselor by the National Certification Commission for
1942     Addiction Professionals;
1943          (b) a master addiction counselor by the National Board for Certified Counselors; or
1944          (c) an equivalent certification as under Subsections (2)(a) and (b), as determined in rule
1945     made by the division in collaboration with the board.
1946          (3) An applicant for licensure as an associate master addiction counselor shall satisfy
1947     the requirements under Subsections (1)(a) through (c) and (j)

1948          (4) Subject to Subsection (5), an applicant for licensure as an advanced substance use
1949     disorder counselor shall:
1950          (a) submit an application on a form provided by the division;
1951          (b) pay a fee determined by the department under Section 63J-1-504; and
1952          (c) (i) produce certified transcripts verifying satisfactory completion of:
1953          (A) a bachelor's degree or higher, from a regionally accredited institution of higher
1954     learning, in substance use disorders, addiction, or related counseling subjects, including social
1955     work; mental health counseling; marriage and family counseling; or psychology; or
1956          (B) two academic years of study in a master's of addiction counseling curriculum and
1957     practicum approved by the National Addictions Studies Accreditation Commission;
1958          (ii) document completion of at least 500 hours of supervised experience while licensed
1959     as a substance use disorder counselor under this section, which the applicant may complete
1960     while completing the education requirements under Subsection (1)(c); and
1961          (iii) satisfy examination requirements established by the division in rule; and
1962          (5) The requirements of Subsection (4)(c) may be satisfied by providing official
1963     verification of current certification in good standing as:
1964          (a) a National Certified Addiction Counselor Level II (NCAC II) from the National
1965     Certification Commission for Addiction Professionals (NCC AP); or
1966          (b) an Advanced Alcohol & Drug Counselor (AADC), from the International
1967     Certification and Reciprocity Consortium.
1968          [(2) In accordance with division rules, an applicant for licensure as an advanced
1969     substance use disorder counselor shall produce:]
1970          [(a) certified transcripts from an accredited institution of higher education that:]
1971          [(i) meet division standards;]
1972          [(ii) verify the satisfactory completion of a baccalaureate or graduate degree; and]
1973          [(iii) verify the completion of prerequisite courses established by division rules;]
1974          [(b) documentation of the applicant's completion of a substance use disorder education
1975     program that includes:]
1976          [(i) at least 300 hours of substance use disorder related education, of which 200 hours
1977     may have been obtained while qualifying for a substance use disorder counselor license; and]
1978          [(ii) a supervised practicum of at least 350 hours, of which 200 hours may have been

1979     obtained while qualifying for a substance use disorder counselor license; and]
1980          [(c) documentation of the applicant's completion of at least 4,000 hours of supervised
1981     experience in substance use disorder treatment, of which 2,000 hours may have been obtained
1982     while qualifying for a substance use disorder counselor license, that:]
1983          [(i) meets division standards; and]
1984          [(ii) is performed within a four-year period after the applicant's completion of the
1985     substance use disorder education program described in Subsection (2)(b), unless, as determined
1986     by the division after consultation with the board, the time for performance is extended due to
1987     an extenuating circumstance.]
1988          [(3) An applicant for licensure as a certified advanced substance use disorder counselor
1989     shall meet the requirements in Subsections (2)(a) and (b).]
1990          [(4) (a) An applicant for licensure as a certified advanced substance use disorder
1991     counselor intern shall meet the requirements in Subsections (2)(a) and (b).]
1992          [(b) A certified advanced substance use disorder counselor intern license expires at the
1993     earlier of:]
1994          [(i) the licensee passing the examination required for licensure as a certified advanced
1995     substance use disorder counselor; or]
1996          [(ii) six months after the certified advanced substance use disorder counselor intern
1997     license is issued.]
1998          [(5)] (6) In accordance with division rules, an applicant for licensure as a substance use
1999     disorder counselor shall produce:
2000          (a) certified transcripts from an accredited institution that:
2001          (i) meet division standards;
2002          (ii) verify satisfactory completion of an associate's degree or equivalent as defined by
2003     the division in rule; and
2004          (iii) verify the completion of prerequisite courses established by division rules;
2005          (b) documentation of the applicant's completion of a substance use disorder education
2006     program that includes:
2007          (i) completion of at least 200 hours of substance use disorder related education;
2008          (ii) included in the 200 hours described in Subsection [(5)(b)(i)] (6)(b)(i), a minimum
2009     of two hours of training in suicide prevention via a course that the division designates as

2010     approved; and
2011          (iii) completion of a supervised practicum of at least 200 hours; and
2012          (c) documentation of the applicant's completion of at least 2,000 hours of supervised
2013     experience in substance use disorder treatment that:
2014          (i) meets division standards; and
2015          (ii) is performed within a two-year period after the applicant's completion of the
2016     substance use disorder education program described in Subsection [(5)(b)] (6)(b), unless, as
2017     determined by the division after consultation with the board, the time for performance is
2018     extended due to an extenuating circumstance.
2019          [(6) An applicant for licensure as a certified substance use disorder counselor shall
2020     meet the requirements of Subsections (5)(a) and (b).]
2021          [(7) (a) An applicant for licensure as a certified substance use disorder counselor intern
2022     shall meet the requirements of Subsections (5)(a) and (b).]
2023          [(b) A certified substance use disorder counselor intern license expires at the earlier
2024     of:]
2025          [(i) the licensee passing the examination required for licensure as a certified substance
2026     use disorder counselor; or]
2027          [(ii) six months after the certified substance use disorder counselor intern license is
2028     issued.]
2029          Section 27. Section 58-60-512 is enacted to read:
2030          58-60-512. Scope of practice -- Limitations.
2031          (1) An individual who is licensed as a master addiction counselor:
2032          (a) may engage in practice as a licensed master addiction counselor without
2033     supervision, in private and independent practice or as an employee of another person, limited
2034     only by the licensee's education, training, and competence; and
2035          (b) may engage in the practice of mental health therapy.
2036          (2) To the extent an individual has completed the educational requirements of Section
2037     58-60-506, a licensed associate master addiction counselor may engage in the practice of
2038     licensed master addiction counselor and licensed advanced substance use disorder counselor if
2039     the practice is:
2040          (a) within the scope of employment as a licensed master addiction counselor or a

2041     licensed advanced substance use disorder counselor with, as defined by the division in rule, a
2042     public agency or private clinic; and
2043          (b) under supervision of a qualified licensed mental health therapist as defined in
2044     Section 58-60-102.
2045          (3) A licensed associate master addiction counselor may not engage in the
2046     unsupervised practice of master addiction counseling.
2047          Section 28. Section 58-60-601 is enacted to read:
2048     
Part 6. Behavioral Health Coach and Technician Licensing Act

2049          58-60-601. Definitions
2050          As used in this part:
2051          (1) "Health care facility" means the same as that term is defined in Section 26B-2-201.
2052          (2) "Human services program" means the same as that term is defined in Section
2053     26B-2-101.
2054          (3) "Practice of mental health therapy" means the same as that term is defined in
2055     Section 58-60-102.
2056          (4) "Practice as a behavioral health coach" means, subject to Subsection (5), providing
2057     services as an employee of a substance use disorder or mental health agency, and working
2058     under the general supervision of a mental health therapist and includes:
2059          (a) providing services under the definition of practice as a behavioral health technician
2060     in Subsection (6);
2061          (b) conducting administrative and care coordination activities, including:
2062          (i) providing targeted case management;
2063          (ii) providing care navigation services, including:
2064          (A) connecting individuals to behavioral health resources and social services;
2065          (B) facilitating communication with other behavioral health providers;
2066          (iii) providing referrals and crisis referrals, including:
2067          (A) engaging in warm handoffs with other behavioral health providers;
2068          (B) adhering to a standardized protocol in responding to a crisis or risk of crisis within
2069     a behavioral health facility, program, or other entity;
2070          (iv) Providing additional support to other behavioral health providers, facilities,
2071     programs, and entities, including

2072          (A) conducting administrative activities; and
2073          (B) extending non-clinical behavioral health support;
2074          (v) providing discharge, post-treatment referral, and non-clinical after-care services;
2075          (c) conducting patient assessment, monitoring, and planning activities, including:
2076          (i) conducting non-clinical psychosocial assessments and screenings;
2077          (ii) conducting collaborative planning, care planning, and goal setting;
2078          (iii) information gathering to inform a mental health therapist's:
2079          (A) diagnostic evaluations;
2080          (B) initial treatment plans; and
2081          (C) treatment plan reviews and updates;
2082          (iv) monitoring client progress and tracking outcomes to inform mental health
2083     therapists:
2084          (A) diagnostic evaluations; and
2085          (B) treatment plan reviews and updates;
2086          (v) assisting in drafting initial treatment plans by gathering information on a client's
2087     history and demographics, only:
2088          (A) in the treatment of clients with mild to moderate behavioral health symptoms or
2089     disorders, as assessed or diagnosed by a mental health therapist, and as defined by the division
2090     in rule;
2091          (B) with completion of the treatment plan by a mental health therapist after assessing
2092     the client before treatment begins;
2093          (C) at the discretion of and with prior documented authorization from a licensed health
2094     care facility, or from a licensed human services program;
2095          (vi) assisting in the information gathering process of reviewing and updating treatment
2096     goals, only:
2097          (A) in the treatment of clients with mild to moderate behavioral health symptoms or
2098     disorders, as assessed or diagnosed by a mental health therapist;
2099          (B) with completion of the treatment plan from a mental health therapist after assessing
2100     the client before subsequent treatment begins;
2101          (C) at the discretion of and with prior documented authorization from a licensed health
2102     facility or a licensed human service program;

2103          (d) conducting intervention and treatment activities, including:
2104          (i) providing psychosocial education groups related to behavioral health literacy,
2105     wellness education and promotion, goal setting, life skills, and coping skills;
2106          (ii) providing other interventions to enhance clients' social skills, emotional well-being,
2107     and overall functioning, including:
2108          (A) supportive consultations;
2109          (B) habilitation services; and
2110          (C) activity-based programs;
2111          (iii) providing evidence-based, manualized interventions, only:
2112          (A) under the supervision of a mental health therapist;
2113          (B) in the treatment of mild to moderate behavioral health symptoms or disorders, as
2114     assessed or diagnosed by a mental health therapist; and
2115          (C) according to a treatment plan reviewed and signed by a mental health therapist; and
2116          (iv) co-facilitating group therapy with a mental health therapist.
2117          (5) "Practice as a behavioral health coach" does not include engaging in the practice of
2118     mental health therapy.
2119          (6) (a) "Practice as a behavioral health technician" means working under the general
2120     supervision of a mental health therapist and includes:
2121          (i) supporting administrative and care coordination activities, including:
2122          (A) maintaining accurate and confidential client records, progress notes, and incident
2123     reports, in compliance with applicable legal and ethical standards; and
2124          (B) assisting in discharge, referral, and after care documentation, coordination, and
2125     administration;
2126          (ii) supporting patient non-clinical assessment, monitoring, and care planning
2127     activities, including:
2128          (A) collecting intake and non-clinical psychosocial assessment information;
2129          (B) gathering information to support diagnostic and treatment planning activities
2130     conducted by a mental health therapist; and
2131          (C) observing, documenting, and reporting on clients behaviors, treatment
2132     interventions, progress, and outcomes to a mental health therapist;
2133          (iii) supporting intervention and treatment activities, including:

2134          (A) supporting licensed professionals in implementing interventions designed to
2135     address behavioral health issues;
2136          (B) facilitating psychoeducational groups or activities, skills development skills or
2137     activities, or social support groups or activities to enhance clients' social skills, emotional
2138     well-being, and overall functioning;
2139          (C) providing education and support to clients and their families on behavioral health
2140     issues, treatment options, and community resources;
2141          (D) implementing behavioral management strategies including de-escalation
2142     techniques and crisis intervention as needed; and
2143          (E) implementing crisis intervention strategies in accordance with established
2144     protocols, and ensuring the safety and well-being of clients during emergencies.
2145          (b) "Practice as a behavioral health technician" does not include:
2146          (i) engaging in the practice of mental health therapy; or
2147          (ii) serving as a designated examiner.
2148          (7) Notwithstanding any other provision of this article, no behavioral health coach is
2149     authorized to practice outside of or beyond his or her area of training, experience, or
2150     competence.
2151          (8) Notwithstanding any other provision of this part, no behavioral health technician is
2152     authorized to practice outside of or beyond his or her area of training, experience, or
2153     competence.
2154          Section 29. Section 58-60-602 is enacted to read:
2155          58-60-602. Limitation on state licensure and certification.
2156          Nothing in this title shall be construed to prevent a person from lawfully engaging in
2157     practice as a behavioral health technician without certification.
2158          Section 30. Section 58-60-603 is enacted to read:
2159          58-60-603. Qualification for licensure -- Ongoing development requirements.
2160          (1) The division shall grant licensure to a person who qualifies under this chapter to
2161     practice as a behavioral health coach.
2162          (2) The division shall grant state certification to a person who qualifies under this
2163     chapter to practice as a behavioral health technician.
2164          (3) An applicant for state certification as a behavioral health technician shall:

2165          (a) submit an application in a form prescribed by the division;
2166          (b) pay a fee determined by the department under Section 63J-1-504; and
2167          (c) provide certified transcripts verifying satisfactory completion of:
2168          (i) a one-year academic certificate relevant to practice as a behavioral health technician
2169     from a regionally accredited institution of higher learning, or an equivalence of that
2170     certification as determined by the division in rule; or
2171          (ii) an associates degree or higher in a field determined by the division to be relevant to
2172     practice as a behavioral health technician, from a regionally accredited institution of higher
2173     learning, including:
2174          (A) human and social services;
2175          (B) counseling;
2176          (C) psychology;
2177          (D) social, behavioral, and health sciences; and
2178          (E) education and human development.
2179          (4) An applicant for licensure as a behavioral health coach by:
2180          (a) the higher education pathway shall:
2181          (i) submit an application in a form prescribed by the division;
2182          (ii) pay a fee determined by the department under Section 63J-1-504; and
2183          (iii) provide certified transcripts verifying satisfactory completion of a bachelors degree
2184     or higher in a field determined by the division to be relevant to practice as a behavioral health
2185     coach from a regionally accredited institution of higher learning, or an equivalence of that
2186     degree or higher, as determined by the division in rule, including:
2187          (A) human and social services;
2188          (B) counseling
2189          (C) psychology;
2190          (D) social, behavioral, and health sciences; and
2191          (E) education and human development; and
2192          (iv) provide certified transcripts verifying satisfactory completion of no less than nine
2193     credit hours in applied skills relevant to practice as a behavioral health coach, including:
2194          (A) ethical, legal, and professional issues in behavioral health;
2195          (B) therapeutic, counseling, or direct practice skills and methods;

2196          (C) clinical documentation;
2197          (D) case management; and
2198          (E) supervised internship or practicum experience;
2199          (v) provide a letter of recommendation from an individual with direct knowledge of the
2200     applicants competency to practice as a behavioral health coach, who is qualified to evaluate the
2201     applicant's competency, including:
2202          (A) a supervisor from a current or past work experience, internship, or practicum
2203     relevant to the practice as a behavioral health coach; or
2204          (B) an instructor of an applied skills course relevant to practice as a behavioral health
2205     coach.
2206          (b) the stacked credentials and experience pathway shall:
2207          (i) submit an application in a form prescribed by the division;
2208          (ii) pay a fee determined by the department under Section 63J-1-504;
2209          (iii) provide certified transcripts verifying satisfactory completion of an associates
2210     degree or higher in a field determined by the division to be relevant to practice as a behavioral
2211     health coach from a regionally accredited institution of higher learning, including:
2212          (A) human and social services;
2213          (B) counseling;
2214          (C) psychology;
2215          (D) social, behavioral, and health sciences; and
2216          (E) education and human development;
2217          (iv) provide certified transcripts verifying satisfactory completion of no less than nine
2218     credit hours in applied skills relevant to practice as a behavioral health coach, including:
2219          (A) ethical, legal, and professional issues in behavioral health;
2220          (B) therapeutic, counseling, or direct practice skills and methods;
2221          (C) clinical documentation;
2222          (D) case management; and
2223          (E) supervised internship or practicum experience;
2224          (v) provide documentation of two years full-time work experience, or equivalent, in a
2225     context or role determined by the division to be relevant to practice as a behavioral health
2226     coach, including as a:

2227          (A) certified behavioral health technician;
2228          (B) certified peer support specialist;
2229          (C) certified case manager;
2230          (D) certified crisis worker; or
2231          (E) substance use disorder counselor; and
2232          (vi) provide a letter of recommendation from an individual with direct knowledge of
2233     the applicant's competency to practice as a behavioral health coach, who is qualified to evaluate
2234     the applicants competency, including:
2235          (A) a supervisor from a current or past work experience, internship, or practicum
2236     relevant to the practice as a behavioral health coach; or
2237          (B) an instructor of an applied skills course relevant to practice as a behavioral health
2238     coach.
2239          (5) (a) Subject to Subsection (5)(b), Section 58-60-104 governs the term, expiration,
2240     and renewal of licenses and certifications the division grants under this chapter.
2241          (b) At the time of renewal, an applicant for renewal shall provide satisfactory
2242     documentation that the applicant has completed any ongoing professional development
2243     requirements, as established by the division in rule made in consultation with the board.
2244          Section 31. Section 58-60-604 is enacted to read:
2245          58-60-604. Unlawful conduct.
2246          It is unlawful for a person who is not licensed or certified under this chapter to:
2247          (1) use the titles:
2248          (a) state certified behavioral health technician; or
2249          (b) licensed behavioral health coach; or
2250          (2) represent that the person is, in connection with the person's name or business:
2251          (a) a state certified behavioral health technician; or
2252          (b) or licensed behavioral health coach.
2253          Section 32. Section 58-61-102 is amended to read:
2254          58-61-102. Definitions.
2255          In addition to the definitions in Section 58-1-102, as used in this chapter:
2256          (1) "Board" means the [Psychologist Licensing Board created in Section 58-61-201]
2257     Behavioral Health Board created in Section 58-60-102.5.

2258          (2) "Client" or "patient" means an individual who consults or is examined or
2259     interviewed by a psychologist acting in his professional capacity.
2260          (3) "Confidential communication" means information, including information obtained
2261     by the psychologist's examination of the client or patient, which is:
2262          (a) (i) transmitted between the client or patient and a psychologist in the course of that
2263     relationship; or
2264          (ii) transmitted among the client or patient, the psychologist, and individuals who are
2265     participating in the diagnosis or treatment under the direction of the psychologist, including
2266     members of the client's or patient's family; and
2267          (b) made in confidence, for the diagnosis or treatment of the client or patient by the
2268     psychologist, and by a means not intended to be disclosed to third persons other than those
2269     individuals:
2270          (i) present to further the interest of the client or patient in the consultation,
2271     examination, or interview;
2272          (ii) reasonably necessary for the transmission of the communications; or
2273          (iii) participating in the diagnosis and treatment of the client or patient under the
2274     direction of the psychologist.
2275          (4) "Hypnosis" means, regarding individuals exempted from licensure under this
2276     chapter, a process by which one individual induces or assists another individual into a hypnotic
2277     state without the use of drugs or other substances and for the purpose of increasing motivation
2278     or to assist the individual to alter lifestyles or habits.
2279          (5) "Individual" means a natural person.
2280          (6) "Mental health therapist" means an individual licensed under this title as a:
2281          (a) physician and surgeon, or osteopathic physician engaged in the practice of mental
2282     health therapy;
2283          (b) an advanced practice registered nurse, specializing in psychiatric mental health
2284     nursing;
2285          (c) an advanced practice registered nurse intern, specializing in psychiatric mental
2286     health nursing;
2287          (d) psychologist qualified to engage in the practice of mental health therapy;
2288          (e) a certified psychology resident qualifying to engage in the practice of mental health

2289     therapy;
2290          (f) clinical social worker;
2291          (g) certified social worker;
2292          (h) marriage and family therapist;
2293          (i) an associate marriage and family therapist;
2294          (j) a clinical mental health counselor; or
2295          (k) an associate clinical mental health counselor.
2296          (7) "Mental illness" means a mental or emotional condition defined in an approved
2297     diagnostic and statistical manual for mental disorders generally recognized in the professions of
2298     mental health therapy listed under Subsection [(6)] (5).
2299          (8) "Practice of mental health therapy" means the treatment or prevention of mental
2300     illness, whether in person or remotely, including:
2301          (a) conducting a professional evaluation of an individual's condition of mental health,
2302     mental illness, or emotional disorder;
2303          (b) establishing a diagnosis in accordance with established written standards generally
2304     recognized in the professions of mental health therapy listed under Subsection [(6)] (5);
2305          (c) prescribing a plan for the prevention or treatment of a condition of mental illness or
2306     emotional disorder; and
2307          (d) engaging in the conduct of professional intervention, including psychotherapy by
2308     the application of established methods and procedures generally recognized in the professions
2309     of mental health therapy listed under Subsection [(6)] (5).
2310          (9) (a) "Practice of psychology" includes:
2311          (i) the practice of mental health therapy by means of observation, description,
2312     evaluation, interpretation, intervention, and treatment to effect modification of human behavior
2313     by the application of generally recognized professional psychological principles, methods, and
2314     procedures for the purpose of preventing, treating, or eliminating mental or emotional illness or
2315     dysfunction, the symptoms of any of these, or maladaptive behavior;
2316          (ii) the observation, description, evaluation, interpretation, or modification of human
2317     behavior by the application of generally recognized professional principles, methods, or
2318     procedures requiring the education, training, and clinical experience of a psychologist, for the
2319     purpose of assessing, diagnosing, preventing, or eliminating symptomatic, maladaptive, or

2320     undesired behavior and of enhancing interpersonal relationships, work and life adjustment,
2321     personal effectiveness, behavioral health, and mental health;
2322          (iii) psychological testing and the evaluation or assessment of personal characteristics
2323     such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological
2324     functioning;
2325          (iv) counseling, marriage and family therapy, psychoanalysis, psychotherapy, hypnosis,
2326     and behavior analysis and therapy;
2327          (v) diagnosis and treatment of mental and emotional disorders of disability, alcoholism
2328     and substance abuse, disorders of habit or conduct, and the psychological aspects of physical
2329     illness, accident, injury, or disability; and
2330          (vi) psychoeducational evaluation, therapy, remediation, and consultation.
2331          (b) An individual practicing psychology may provide services to individuals, couples,
2332     families, groups of individuals, members of the public, and individuals or groups within
2333     organizations or institutions.
2334          (10) "Remotely" means communicating via Internet, telephone, or other electronic
2335     means that facilitate real-time audio or visual interaction between individuals when they are not
2336     physically present in the same room at the same time.
2337          (11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-61-501.
2338          (12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-61-502, and
2339     may be further defined by division rule.
2340          Section 33. Section 58-61-301 is amended to read:
2341          58-61-301. Licensure required -- Certifications.
2342          (1) (a) A license is required to engage in the practice of psychology, except as
2343     specifically provided in Section 58-1-307.
2344          (b) Notwithstanding the provisions of Subsection 58-1-307(1)(c) an individual shall be
2345     certified under this chapter as a psychology resident in order to engage in a residency program
2346     of supervised clinical training necessary to meet licensing requirements as a psychologist under
2347     this chapter.
2348          (2) The division shall issue to [a person] an individual who qualifies under this
2349     chapter:
2350          (a) a license in the classification of:

2351          [(a)] (i) psychologist; [or]
2352          [(b)] (ii) certified psychology resident[.]; or
2353          (b) a certification in the classification of:
2354          (i) certified prescribing psychologist; and
2355          (ii) provisional prescribing psychologist.
2356          Section 34. Section 58-61-304 is amended to read:
2357          58-61-304. Qualifications for licensure by examination or endorsement.
2358          (1) An applicant for licensure as a psychologist based upon education, clinical training,
2359     and examination shall:
2360          (a) submit an application on a form provided by the division;
2361          (b) pay a fee determined by the department under Section 63J-1-504;
2362          (c) produce certified transcripts of credit verifying satisfactory completion of a doctoral
2363     degree in psychology that includes specific core course work established by division rule under
2364     Section 58-1-203, from an institution of higher education whose doctoral program, at the time
2365     the applicant received the doctoral degree, met approval criteria established by division rule
2366     made in consultation with the board;
2367          (d) have completed a minimum of 4,000 hours of psychology training as defined by
2368     division rule under Section 58-1-203 in not less than two years and under the supervision of a
2369     psychologist supervisor approved by the division in collaboration with the board;
2370          (e) to be qualified to engage in mental health therapy, document successful completion
2371     of not less than 1,000 hours of supervised training in mental health therapy obtained after
2372     completion of a master's level of education in psychology, which training may be included as
2373     part of the 4,000 hours of training required in Subsection (1)(d), and for which documented
2374     evidence demonstrates not less than one hour of supervision for each 40 hours of supervised
2375     training was obtained under the direct supervision of a psychologist, as defined by rule;
2376          (f) pass the examination requirement established by division rule under Section
2377     58-1-203;
2378          (g) consent to a criminal background check in accordance with Section 58-61-304.1
2379     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2380     Administrative Rulemaking Act; and
2381          (h) meet with the board, upon request for good cause, for the purpose of evaluating the

2382     applicant's qualifications for licensure.
2383          (2) An applicant for licensure as a psychologist by endorsement based upon licensure
2384     in another jurisdiction shall:
2385          (a) submit an application on a form provided by the division;
2386          (b) pay a fee determined by the department under Section 63J-1-504;
2387          (c) not have any disciplinary action pending or in effect against the applicant's
2388     psychologist license in any jurisdiction;
2389          (d) have passed the Utah Psychologist Law and Ethics Examination established by
2390     division rule;
2391          (e) provide satisfactory evidence the applicant is currently licensed in another state,
2392     district, or territory of the United States, or in any other jurisdiction approved by the division in
2393     collaboration with the board;
2394          (f) provide satisfactory evidence the applicant has actively practiced psychology in that
2395     jurisdiction for not less than 2,000 hours or one year, whichever is greater;
2396          (g) provide satisfactory evidence that:
2397          (i) the education, supervised experience, examination, and all other requirements for
2398     licensure in that jurisdiction at the time the applicant obtained licensure were substantially
2399     equivalent to the licensure requirements for a psychologist in Utah at the time the applicant
2400     obtained licensure in the other jurisdiction; or
2401          (ii) the applicant is:
2402          (A) a current holder of Board Certified Specialist status in good standing from the
2403     American Board of Professional Psychology;
2404          (B) currently credentialed as a health service provider in psychology by the National
2405     Register of Health Service Providers in Psychology; or
2406          (C) currently holds a Certificate of Professional Qualification (CPQ) granted by the
2407     Association of State and Provincial Psychology Boards;
2408          (h) consent to a criminal background check in accordance with Section 58-61-304.1
2409     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2410     Administrative Rulemaking Act; and
2411          (i) meet with the board, upon request for good cause, for the purpose of evaluating the
2412     applicant's qualifications for licensure.

2413          (3) (a) An applicant for certification as a psychology resident shall comply with the
2414     provisions of Subsections (1)(a), (b), (c), (g), and (h).
2415          (b) (i) An individual's certification as a psychology resident is limited to the period of
2416     time necessary to complete clinical training as described in Subsections (1)(d) and (e) and
2417     extends not more than one year from the date the minimum requirement for training is
2418     completed, unless the individual presents satisfactory evidence to the division and the
2419     [Psychologist Licensing Board] board that the individual is making reasonable progress toward
2420     passing the qualifying examination or is otherwise on a course reasonably expected to lead to
2421     licensure as a psychologist.
2422          (ii) The period of time under Subsection (3)(b)(i) may not exceed two years past the
2423     date the minimum supervised clinical training requirement has been completed.
2424          (4) An applicant for certification as a certified prescribing psychologist based upon
2425     education, clinical training, and examination shall:
2426          (a) have authority to engage in the practice of psychology under Subsection 58-61-301;
2427          (b) pay a fee determined by the department under Section 63J-1-504;
2428          (c) demonstrate by official transcript, or other official evidence satisfactory to the
2429     division, that the applicant:
2430          (i) has completed a doctoral degree in psychology that includes specific core course
2431     work established by division rule under Section 58-1-203, from an institution of higher
2432     education whose doctoral program, at the time the applicant received the doctoral degree, met
2433     approval criteria established by division rule made in consultation with the board;
2434          (ii) has completed a master's degree in clinical psychopharmacology from an institution
2435     of higher learning whose master's program, at the time the applicant received the master's
2436     degree, included at least 60 credit hours of didactics coursework over no less than four
2437     semesters, met approval criteria established by division rule made in consultation with the
2438     board and includes the following core areas of instruction:
2439          (A) neuroscience, pharmacology, psychopharmacology, physiology, and
2440     pathophysiology;
2441          (B) appropriate and relevant physical and laboratory assessment;
2442          (C) basic sciences, including general biology, microbiology, cell and molecular
2443     biology, human anatomy, human physiology, biochemistry, and genetics, as part of or prior to

2444     enrollment in a master's degree in clinical psychopharmacology; and
2445          (D) any other areas of instruction determined necessary by the division, in
2446     collaboration with the board, as established by division rule; and
2447          (iii) has completed postdoctoral supervised training, as defined by division rule made
2448     in consultation with the board, in prescribing psychology under the direction of a licensed
2449     physician, including:
2450          (A) not less than 4,000 hours of supervised clinical training throughout a period of at
2451     least two years; and
2452          (B) for an applicant for a prescription certificate who specializes in the psychological
2453     care of children, elderly persons, or persons with comorbid psychological conditions, at least
2454     one year prescribing psychotropic medications to those populations, as certified by the
2455     applicant's supervising licensed physician;
2456          (d) have passed:
2457          (i) the Psychopharmacology Examination for Psychologists developed by the
2458     Association of State and Provincial Psychology Boards, or its successor organization; or
2459          (ii) an equivalent examination as defined by the division in rule;
2460          (e) not have any disciplinary action pending or in effect against the applicant's
2461     psychologist license or other professional license authorizing the applicant to prescribe in any
2462     jurisdiction;
2463          (f) consent to a criminal background check in accordance with Section 58-61-304.1
2464     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2465     Administrative Rulemaking Act;
2466          (g) commit to maintaining professional liability insurance while acting as a certified
2467     prescribing psychologist;
2468          (h) meet with the board, upon request for good cause, for the purpose of evaluating the
2469     applicant's qualifications for licensure.
2470          (5) An applicant for certification as a certified prescribing psychologist by endorsement
2471     based upon licensure in another jurisdiction shall:
2472          (a) submit an application on a form provided by the division;
2473          (b) pay a fee determined by the department under Section 63J-1-504;
2474          (c) not have any disciplinary action pending or in effect against the applicant's

2475     psychologist license or other professional license authorizing the applicant to prescribe in any
2476     jurisdiction;
2477          (d) have passed the Utah Psychologist Law and Ethics Examination established by
2478     division rule;
2479          (e) provide satisfactory evidence the applicant is currently licensed as a prescribing
2480     psychologist in another state, district, or territory of the United States, or in any other
2481     jurisdiction approved by the division in collaboration with the board;
2482          (f) provide satisfactory evidence the applicant has actively practiced as a prescribing
2483     psychologist in that jurisdiction for not less than 2,000 hours or one year, whichever is greater;
2484          (g) provide satisfactory evidence that the applicant has satisfied the education,
2485     supervised experience, examination, and all other requirements for licensure as a prescribing
2486     psychologist in that jurisdiction at the time the applicant obtained licensure were substantially
2487     equivalent to the licensure requirements for a certified prescribing psychologist in Utah at the
2488     time the applicant obtained licensure in the other jurisdiction;
2489          (h) consent to a criminal background check in accordance with Section 58-61-304.1
2490     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2491     Administrative Rulemaking Act;
2492          (i) commit to maintaining professional liability insurance while acting as a certified
2493     prescribing psychologist; and
2494          (j) meet with the board, upon request for good cause, for the purpose of evaluating the
2495     applicant's qualifications for licensure.
2496          (6) An applicant for certification as a provisional prescribing psychologist shall:
2497          (a) have authority to engage in the practice of psychology under Subsection 58-61-301;
2498          (b) pay a fee determined by the department under Section 63J-1-504;
2499          (c) demonstrate by official transcript, or other official evidence satisfactory to the
2500     division, that the applicant:
2501          (i) has completed a doctoral degree in psychology that includes specific core course
2502     work established by division rule under Section 58-1-203, from an institution of higher
2503     education whose doctoral program, at the time the applicant received the doctoral degree, met
2504     approval criteria established by division rule made in consultation with the board;
2505          (ii) has completed a master's degree in clinical psychopharmacology from an institution

2506     of higher learning whose master's program, at the time the applicant received the master's
2507     degree, met approval criteria established by division rule made in consultation with the board
2508     and includes the following core areas of instruction:
2509          (A) neuroscience, pharmacology, psychopharmacology, physiology, and
2510     pathophysiology;
2511          (B) appropriate and relevant physical and laboratory assessment;
2512          (C) basic sciences, including general biology, microbiology, cell and molecular
2513     biology, human anatomy, human physiology, biochemistry, and genetics, as part of or prior to
2514     enrollment in a master's degree in clinical psychopharmacology; and
2515          (D) any other areas of instruction determined necessary by the division, in
2516     collaboration with the board, as established by division rule; and
2517          (d) have no disciplinary action pending or in effect against the applicant's psychologist
2518     license or other professional license authorizing the applicant to prescribe in any jurisdiction;
2519          (e) consent to a criminal background check in accordance with Section 58-61-304.1
2520     and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2521     Administrative Rulemaking Act;
2522          (f) commit to maintaining professional liability insurance while acting as a provisional
2523     prescribing psychologist;
2524          (g) meet with the board, upon request for good cause, for the purpose of evaluating the
2525     applicant's qualifications for licensure; and
2526          (h) satisfy any further requirements, as established by the division in rule.
2527          Section 35. Section 58-61-304.1 is amended to read:
2528          58-61-304.1. Criminal background check.
2529          (1) An applicant for licensure under this chapter who requires a criminal background
2530     check shall:
2531          (a) submit fingerprint cards in a form acceptable to the division at the time the license
2532     application is filed; and
2533          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
2534     Identification and the Federal Bureau of Investigation, including the use of the Rap Back
2535     System, regarding the application and the applicant's future status as a license holder.
2536          (2) The division shall:

2537          (a) in addition to other fees authorized by this chapter, collect from each applicant
2538     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
2539     Identification is authorized to collect for the services provided under Section 53-10-108 and the
2540     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
2541     obtaining federal criminal history record information;
2542          (b) submit from each applicant the fingerprint card and the fees described in
2543     Subsection (2)(a) to the Bureau of Criminal Identification; and
2544          (c) obtain and retain in division records a signed waiver approved by the Bureau of
2545     Criminal Identification in accordance with Section 53-10-108 for each applicant.
2546          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
2547     Section 53-10-108:
2548          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
2549     and regional criminal records databases;
2550          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
2551     criminal history background check; and
2552          (c) provide the results from the state, regional, and nationwide criminal history
2553     background checks to the division.
2554          (4) The division may not disseminate outside of the division any criminal history
2555     record information that the division obtains from the Bureau of Criminal Identification or the
2556     Federal Bureau of Investigation under the criminal background check requirements of this
2557     section.
2558          Section 36. Section 58-61-308 is amended to read:
2559          58-61-308. Scope of practice -- Limitations.
2560          (1) (a) [A] Subject to Subsections (1)(b) through (e), a psychologist may engage in all
2561     acts and practices defined as the practice of psychology without supervision, in private and
2562     independent practice, or as an employee of another person, limited only by the licensee's
2563     education, training, and competence.
2564          (b) Only a certified prescribing psychologist or provisional prescribing psychologist
2565     may prescribe, administer, discontinue, and distribute without charge, psychotopic drugs
2566     recognized in or customarily used in the diagnosis, treatment, and management of individuals
2567     with psychiatric, mental, cognitive, nervous, emotional, developmental, or behavioral

2568     disorders, including:
2569          (i) laboratory tests;
2570          (ii) diagnostic examinations; and
2571          (iii) procedures that are:
2572          (A) necessary to obtain laboratory tests or diagnostic examinations;
2573          (B) relevant to the practice of psychology; and
2574          (C) in accordance with division rule made in consultation with the board.
2575          (c) (i) A certified prescribing psychologist may only prescribe psychotropic medication
2576     for a patient if the certified prescribing psychologist:
2577          (A) identifies a health care practitioner currently overseeing the patient's general
2578     medical care; and
2579          (B) establishes and maintains a collaborative relationship with that health care
2580     practitioner.
2581          (ii) When prescribing a psychotropic medication for a patient, a certified prescribing
2582     psychologist shall establish and maintain a collaborative relationship with a health care
2583     practitioner who oversees the patient's general medical care to ensure that:
2584          (A) necessary medical examinations are conducted;
2585          (B) the psychotropic medication is appropriate for the patient's medical condition; and
2586          (C) significant changes in the patient's medical or psychological conditions are
2587     discussed.
2588          (iii) A health care practitioner under Subsections (1)(c)(i) and (ii) shall be:
2589          (A) a physician licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68,
2590     Utah Osteopathic Medical Practice Act; or
2591          (B) a psychiatric mental health nurse practitioner, as defined in Section 58-1-111.
2592          (d) Certified prescribing psychologists and provisional prescribing psychologists may
2593     not prescribe or administer:
2594          (i) narcotics; or
2595          (ii) controlled substances.
2596          (e) The division, in consultation with the board and the Physicians Licensing Board
2597     created in Section 58-67-201, may make rules further defining this section's limitations relating
2598     to prescribing psychology, allowable medications, and collaborative relationship requirements.

2599          (2) An individual certified as a psychology resident may engage in all acts and
2600     practices defined as the practice of psychology only under conditions of employment as a
2601     psychology resident and under the supervision of a licensed psychologist who is an approved
2602     psychology training supervisor as defined by division rule. A certified psychology resident
2603     shall not engage in the independent practice of psychology.
2604          Section 37. Section 58-61-502 is amended to read:
2605          58-61-502. Unprofessional conduct.
2606          [(1)] As used in this chapter, "unprofessional conduct" includes:
2607          [(a)] (1) using or employing the services of any individual to assist a licensee in any
2608     manner not in accordance with the generally recognized practices, standards, or ethics of the
2609     profession for which the individual is licensed, or the laws of the state;
2610          [(b)] (2) failure to confine practice conduct to those acts or practices:
2611          [(i)] (a) in which the individual is competent by education, training, and experience
2612     within limits of education, training, and experience; and
2613          [(ii)] (b) which are within applicable scope of practice laws of this chapter; [and]
2614          [(c)] (3) disclosing or refusing to disclose any confidential communication under
2615     Section 58-61-602[.];
2616          (4) a pattern of failing to provide to patients in a mental health therapy setting:
2617          (a) information regarding the license holder, including the name under which the
2618     license holder is licensed, the type of license held, the license number, and the license holder's
2619     contact information;
2620          (b) if the an individual's license requires the license holder to be supervised by another
2621     licensed provider, information regarding the supervisor, including the name under which the
2622     supervisor is licensed, the type of license held, the license number, and the supervisor's contact
2623     information;
2624          (c) information regarding standards of appropriate care and ethical boundaries,
2625     including a plain language statement that in a professional relationship with a mental health
2626     practitioner, a dual relationship between a client and a provider, or one that is romantic,
2627     financially motivated, sexual, or otherwise risks impacting the provider's judgment or the
2628     quality of the services provided, is never appropriate and should be reported to the Division of
2629     Professional Licensing;

2630          (d) unless the individual is under an order of temporary commitment or involuntary
2631     commitment, information regarding the client's rights, including that the client has the right to
2632     seek a second opinion, to ask for additional information, and to terminate treatment at any
2633     time; or
2634          (e) the contact information for the Division of Professional licensing, including how to
2635     file a complaint;
2636          (5) a pattern of failing to provide to patients, upon request:
2637          (a) information about the license holder's qualifications and experience, including a
2638     listing of any degrees, credentials, certifications, registrations, and licenses held or completed
2639     by the license holder, the name of the granting school or institution, and the continuing
2640     education that the licensee is required to complete in order to retain the license;
2641          (b) information regarding standards of appropriate care and ethical boundaries,
2642     including a copy of the statutory and administrative rule definitions of unprofessional conduct,
2643     and a copy of generally recognized professional or ethical standards;
2644          (c) for any course of treatment, the method of treatment recommended, the reasoning
2645     supporting the method of treatment, the techniques used, the expected duration of the
2646     treatment, if known, and the fee structure; or
2647          (d) information regarding the individuals who have or have had access to confidential
2648     data related to the care of the patient, including evaluations, assessments, diagnoses, prevention
2649     or treatment plans, reports, progress notes, discharge summaries, treatment or documentation of
2650     treatment including video recording, live stream, or in-person observations of psychotherapy or
2651     other treatment methods.
2652          [(2)] (6) "Unprofessional conduct" under this chapter may be further defined by
2653     division rule.
2654          Section 38. Section 58-61-705 is amended to read:
2655          58-61-705. Qualifications for licensure -- By examination -- By certification.
2656          (1) An applicant for licensure as a behavior analyst based upon education, supervised
2657     experience, and national examination shall:
2658          (a) (i) submit an application on a form provided by the division;
2659          [(b)] (ii) pay a fee determined by the department under Section 63J-1-504;
2660          [(c)] (iii) produce certified transcripts of credit verifying satisfactory completion of a

2661     master's or doctoral degree in applied behavior analysis from an accredited institution of higher
2662     education or an equivalent master or doctorate degree as determined by the division by
2663     administrative rule;
2664          [(d)] (iv) as defined by the division by administrative rule, have completed at least
2665     1,500 hours of experiential behavior analysis training within a five year period of time with a
2666     qualified supervisor; and
2667          [(e)] (v) pass the examination requirement established by division rule under Section
2668     58-1-203[.]; or
2669          (b) document proof of current certification in good standing as a Board Certified
2670     Behavior Analyst by the Behavior Analyst Certification Board, or an equivalence of that
2671     certification, as determined by division rule made in consultation with the board.
2672          [(2) An applicant for licensure as a behavior analyst based upon certification shall:]
2673          [(a) without exception, on or before November 15, 2015, submit to the division an
2674     application on a form provided by the division;]
2675          [(b) pay a fee determined by the department under Section 63J-1-504; and]
2676          [(c) provide official verification of current certification as a board certified behavior
2677     analyst from the Behavior Analyst Certification Board.]
2678          [(3)] (2) An applicant for licensure as an assistant behavior analyst based upon
2679     education, supervised experience, and national examination shall:
2680          (a) (i) submit an application on a form provided by the division;
2681          [(b)] (ii) pay a fee determined by the department under Section 63J-1-504;
2682          [(c)] (iii) produce certified transcripts of credit verifying satisfactory completion of a
2683     bachelor's degree from an accredited institution of higher education and satisfactory completion
2684     of specific core course work in behavior analysis established under Section 58-1-203 from an
2685     accredited institution of higher education;
2686          [(d)] (iv) as defined by the division by administrative rule, have completed at least
2687     1,000 hours of experiential behavior analysis training within a five-year period of time with a
2688     qualified supervisor; and
2689          [(e)] (v) pass the examination requirement established by division rule under Section
2690     58-1-203[.]; or
2691          (b) document proof of current certification in good standing as a Board Certified

2692     Assistant Behavior Analyst by the Behavior Analyst Certification Board, or an equivalence of
2693     that certification, as determined by division rule made in consultation with the board.
2694          [(4) An applicant for licensure as an assistant behavior analyst based upon certification
2695     shall:]
2696          [(a) without exception, on or before November 15, 2015, submit to the division an
2697     application on a form provided by the division;]
2698          [(b) pay a fee determined by the department under Section 63J-1-504; and]
2699          [(c) provide official verification of current certification as a board certified assistant
2700     behavior analyst from the Behavior Analyst Certification Board.]
2701          [(5)] (3) An applicant for registration as a behavior specialist based upon professional
2702     experience in behavior analysis shall:
2703          (a) without exception, on or before November 15, 2015, submit to the division, an
2704     application on a form provided by the division;
2705          (b) pay a fee determined by the department under Section 63J-1-504;
2706          (c) have at least five years of experience as a professional engaged in the practice of
2707     behavior analysis on or before May 15, 2015; and
2708          (d) be employed as a professional engaging in the practice of behavior analysis within
2709     an organization contracted with a division of the Utah Department of Human Services to
2710     provide behavior analysis on or before July 1, 2015.
2711          [(6)] (4) An applicant for registration as an assistant behavior specialist based upon
2712     professional experience in behavior analysis shall:
2713          (a) without exception, on or before November 15, 2015, submit to the division, an
2714     application on a form provided by the division;
2715          (b) pay a fee determined by the department under Section 63J-1-504;
2716          (c) have at least one year of experience as a professional engaging in the practice of
2717     behavior analysis prior to July 1, 2015; and
2718          (d) be employed as a professional engaging in the practice of behavior analysis within
2719     an organization contracted with a division of the Utah Department of Human Services to
2720     provide behavior analysis on or before July 1, 2015.
2721          Section 39. Section 58-84-102 is amended to read:
2722          58-84-102. Definitions.

2723          In addition to the definitions in Section 58-1-102, as used in this chapter:
2724          (1) "Board" means the Behavioral Health Board created in Section 58-60-102.5.
2725          [(1)] (2) "Practice of music therapy" means the clinical and evidence-based use of
2726     music interventions to accomplish individualized goals within a therapeutic relationship.
2727          [(2)] (3) "State certification" means a designation granted by the division in
2728     collaboration with the board on behalf of the state to an individual who has met the
2729     requirements for state certification related to an occupation or profession described in this
2730     chapter.
2731          [(3)] (4) "State certified" means, when used in conjunction with an occupation or
2732     profession described in this chapter, a title that:
2733          (a) may be used by a person who has met the state certification requirements related to
2734     that occupation or profession described in this chapter; and
2735          (b) may not be used by a person who has not met the state certification requirements
2736     related to that occupation or profession described in this chapter.
2737          Section 40. Section 58-84-201 is amended to read:
2738          58-84-201. Qualifications for state certification.
2739          (1) The division shall grant state certification to a person who qualifies under this
2740     chapter to engage in the practice of music therapy as a state certified music therapist.
2741          (2) Each applicant for state certification as a state certified music therapist shall:
2742          (a) submit an application in a form prescribed by the division;
2743          (b) pay a fee determined by the department under Section 63J-1-504; and
2744          (c) provide satisfactory documentation that the applicant is board certified by, and in
2745     good standing with, the Certification Board for Music Therapists, or an equivalent board as
2746     determined by division rule in collaboration with the board.
2747          Section 41. Repealer.
2748          This bill repeals:
2749          Section 58-60-203, Board.
2750          Section 58-60-303, Board -- Powers.
2751          Section 58-60-307, Supervisors of marriage and family therapists -- Qualifications.
2752          Section 58-60-403, Board.
2753          Section 58-60-503, Board.

2754          Section 58-61-201, Board.
2755          Section 58-78-101, Title.
2756          Section 58-78-102, Definitions.
2757          Section 58-78-201, Board.
2758          Section 58-78-301, License required.
2759          Section 58-78-302, Qualifications for licensure -- Licensure by credential.
2760          Section 58-78-303, Term of license -- Expiration -- Renewal.
2761          Section 58-78-304, Exemption from licensure.
2762          Section 58-78-401, Grounds for denial of license -- Disciplinary proceedings.
2763          Section 58-78-501, Unlawful conduct.
2764          Section 58-78-502, Unprofessional conduct.
2765          Section 42. Effective date.
2766          This bill takes effect on May 1, 2024.
2767          Section 43. Coordinating S.B. 26 with H.B. 44
2768          If S.B. 26, Behavioral Health Licensing Amendments, and H.B. 44, Social Work
2769     Licensure Compact, both pass and become law, the Legislature intends that on May 1, 2024,
2770     the changes to Section 58-60-205 in S.B. 26 supersede the changes to Section 58-60-205 in
2771     H.B. 44.