Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 68 Third Substitute (2020GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends provisions relating to licensure as a clinical mental health counselor;
• creates a reporting requirement;
• creates a sunset date; and
• makes technical changes.

Every vote on this bill

Bill text

MENTAL HEALTH COUNSELOR LICENSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Joel Ferry
LONG TITLE
General Description:
This bill amends provisions relating to the licensure of a clinical mental health
counselor.
Highlighted Provisions:
This bill:
▸ amends provisions relating to licensure as a clinical mental health counselor;
▸ creates a reporting requirement;
▸ creates a sunset date; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-60-405
, as last amended by Laws of Utah 2015, Chapter 77
63I-1-258
, as last amended by Laws of Utah 2019, Chapters 67 and 68
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-60-405
 is amended to read:
58-60-405.
Qualifications for licensure.
(1) An applicant for licensure as a clinical mental health counselor shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) produce certified transcripts [
from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of:
(i) an education and degree in an education program in counseling with a core curriculum
defined by division rule under Section 
58-1-203
 preparing one to competently engage in mental
health therapy; and (ii) an earned doctoral or master's degree resulting from that education
program;
] 
evidencing completion of:
(i) a master's or doctorate degree conferred to the applicant in:
(A) clinical mental health counseling, clinical rehabilitation counseling, counselor
education and supervision from a program accredited by the Council for Accreditation of
Counseling and Related Educational Programs; or
(B) clinical mental health counseling or an equivalent field from a program affiliated
with an institution that has accreditation that is recognized by the Council for Higher Education
Accreditation; and
(ii) at least 60 semester credit hours or 90 quarter credit hours of coursework related to
an educational program described in Subsection (1)(d)(i);
(e) have completed a minimum of 4,000 hours of clinical mental health counselor
training as defined by division rule under Section 
58-1-203
:
(i) in not less than two years;
(ii) under the supervision of a clinical mental health counselor, psychiatrist,
psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
marriage and family therapist supervisor approved by the division in collaboration with the
board;
(iii) obtained after completion of the education requirement in Subsection (1)(d); and
(iv) including a minimum of two hours of training in suicide prevention via a course
that the division designates as approved;
(f) document successful completion of not less than 1,000 hours of supervised training
in mental health therapy obtained after completion of the education requirement in Subsection
(1)(d), which training may be included as part of the 4,000 hours of training in Subsection
(1)(e), and of which documented evidence demonstrates not less than 100 of the hours were
obtained under the direct supervision of a mental health therapist, as defined by rule; and
(g) pass the examination requirement established by division rule under Section
58-1-203
.
(2) (a) An applicant for licensure as an associate clinical mental health counselor shall
comply with the provisions of Subsections (1)(a), (b), (c), and (d).
(b) Except as provided under Subsection (2)(c), an individual's licensure as an
associate clinical mental health counselor is limited to the period of time necessary to complete
clinical training as described in Subsections (1)(e) and (f) and extends not more than one year
from the date the minimum requirement for training is completed.
(c) The time period under Subsection (2)(b) may be extended to a maximum of two
years past the date the minimum supervised clinical training requirement has been completed,
if the applicant presents satisfactory evidence to the division and the appropriate board that the
individual is:
(i) making reasonable progress toward passing of the qualifying examination for that
profession; or
(ii) otherwise on a course reasonably expected to lead to licensure.
(3) (a) Notwithstanding Subsection (1)(d), an applicant satisfied the education
requirement described in Subsection (1)(d) if the applicant submits documentation verifying:
(i) satisfactory completion of a doctoral or master's degree from an educational
program in rehabilitation counseling accredited by the Council for Accreditation of Counseling
and Related Educational Programs;
(ii) satisfactory completion of at least 60 semester credit hours or 90 quarter credit
hours of coursework related to an educational program described in Subsection (1)(d)(i); and
(iii) that the applicant received a passing score that is valid and in good standing on:
(A) the National Counselor Examination; and
(B) the National Clinical Mental Health Counseling Examination.
(b) During the 2021 interim, the division shall report to the Occupational and
Professional Licensure Review Committee created in Section 
36-23-102
 on:
(i) the number of applicants who applied for licensure under this Subsection (3);
(ii) the number of applicants who were approved for licensure under this Subsection
(3);
(iii) any changes to division rule after May 12, 2020, regarding the qualifications for
licensure under this section; and
(iv) recommendations for legislation or other action that the division considers
necessary to carry out the provisions of this Subsection (3).
Section 2. Section 
63I-1-258
 is amended to read:
63I-1-258.
Repeal dates, Title 58.
(1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
repealed July 1, 2026.
(2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
(3) Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1, 2028.
(4) Section 
58-37-4.3
 is repealed January 1, 2020.
(5) Subsection 
58-37-6
(7)(f)(iii) is repealed July 1, 2022, and the Office of Legislative
Research and General Counsel is authorized to renumber the remaining subsections
accordingly.
(6) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
(7) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
repealed July 1, 2029.
(8) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
(9) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
1, 2023.
(10) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
(11) Subsection 
58-60-405
(3), regarding certain educational qualifications for licensure
and reporting, is repealed July 1, 2022.
[
(11)
] 
(12)
 Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed
July 1, 2026.
[
(12)
] 
(13)
 Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027. 
[
(13)
] 
(14)
 Title 58, Chapter 86, State Certification of Commercial Interior Designers
Act, is repealed July 1, 2021.
[
(14)
] 
(15)
 The following sections are repealed on July 1, 2022:
(a) Section 
58-5a-502
;
(b) Section 
58-31b-502.5
;
(c) Section 
58-67-502.5
;
(d) Section 
58-68-502.5
; and
(e) Section 
58-69-502.5
.