Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 44 First Substitute (2022GS)

Sponsor

Sen. Kennedy, M.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• increases the maximum amount of time that an individual may practice as an associate clinical mental health counselor or associate marriage and family therapist;
• repeals a reporting requirement; and
• extends the sunset date for a provision that creates a pathway to obtain licensure as an associate clinical mental health counselor.

Every vote on this bill

Bill text

MENTAL HEALTH PROFESSIONAL PRACTICE ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael S. Kennedy
House Sponsor: 
Merrill F. Nelson
LONG TITLE
General Description:
This bill amends provisions relating to clinical mental health counselors and marriage
and family therapists.
Highlighted Provisions:
This bill:
▸ increases the maximum amount of time that an individual may practice as an
associate clinical mental health counselor or associate marriage and family
therapist;
▸ repeals a reporting requirement; and
▸ extends the sunset date for a provision that creates a pathway to obtain licensure as
an associate clinical mental health counselor.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-60-305
, as last amended by Laws of Utah 2020, Chapter 339
58-60-405
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
63I-1-258
, as last amended by Laws of Utah 2021, Chapter 32
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-60-305
 is amended to read:
58-60-305.
Qualifications for licensure.
(1) All applicants for licensure as marriage and family therapists 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) produce certified transcripts evidencing completion of a masters or doctorate degree
in marriage and family therapy from:
(i) a program accredited by the Commission on Accreditation for Marriage and Family
Therapy Education; or
(ii) an accredited institution meeting criteria for approval established by rule under
Section 
58-1-203
;
(d) have completed a minimum of 4,000 hours of marriage and family therapy training
as defined by division rule under Section 
58-1-203
:
(i) in not less than two years;
(ii) under the supervision of a mental health therapist supervisor who meets the
requirements of Section 
58-60-307
;
(iii) obtained after completion of the education requirement in Subsection (1)(c); and
(iv) including a minimum of two hours of training in suicide prevention via a course
that the division designates as approved;
(e) document successful completion of not less than 1,000 hours of supervised training
in mental health therapy obtained after completion of the education requirement described in
Subsection (1)(c)(i) or (1)(c)(ii), which training may be included as part of the 4,000 hours of
training described in Subsection (1)(d), and of which documented evidence demonstrates not
less than 100 of the supervised hours were obtained during direct, personal supervision, as
defined by rule, by a mental health therapist supervisor qualified under Section 
58-60-307
; and
(f) pass the examination requirement established by division rule under Section
58-1-203
.
(2) (a) All applicants for licensure as an associate marriage and family therapist shall
comply with the provisions of Subsections (1)(a), (b), and (c).
(b) An individual's license as an associate marriage and family therapist is limited to
the period of time necessary to complete clinical training as described in Subsections (1)(d) and
(e) and extends not more than [
one year
] 
two years
 from the date the minimum requirement for
training is completed, unless the individual presents satisfactory evidence to the division and
the appropriate board that the individual is making reasonable progress toward passing of the
qualifying examination for that profession or is otherwise on a course reasonably expected to
lead to licensure, but the period of time under this Subsection (2)(b) may not exceed [
two
] 
four
years past the date the minimum supervised clinical training requirement has been completed.
Section 2. 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) produce certified transcripts 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)
] 
(1)(c)(i)
;
(d) 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)(c); and
(iv) including a minimum of two hours of training in suicide prevention via a course
that the division designates as approved;
(e) 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)(c), which training may be included as part of the 4,000 hours of training in Subsection
(1)(d), 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
(f) 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), and (c).
(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)(d) and (e) and extends not more than [
one year
]
two years
 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
]
four
 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)(c), an applicant satisfies the education
requirement described in Subsection (1)(c) if the applicant submits documentation verifying:
[
(i)
] 
(a)
 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)
] 
(b)
 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)(c)(i); and
[
(iii)
] 
(c)
 that the applicant received a passing score that is valid and in good standing
on:
[
(A)
] 
(i)
 the National Counselor Examination; and
[
(B)
] 
(ii)
 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 3. Section 
63I-1-258
 is amended to read:
63I-1-258.
Repeal dates, Title 58.
(1) Section 
58-3a-201
, which creates the Architects Licensing Board, is repealed July
1, 2026.
(2) Section 
58-11a-302.5
 is repealed July 1, 2022.
(3) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
repealed July 1, 2026.
(4) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
(5) Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1, 2028.
(6) 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.
(7) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
(8) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
repealed July 1, 2029.
(9) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
(10) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed
July 1, 2023.
(11) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
(12) Subsection 
58-55-201
(2), which creates the Alarm System and Security Licensing
Advisory Board, is repealed July 1, 2027.
(13) Subsection 
58-60-405
(3), regarding certain educational qualifications for licensure
and reporting, is repealed July 1, [
] 
.
(14) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
2026.
(15) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027. 
(16) 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
.