Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 166 Fourth Substitute (2023GS)

Sponsor

Rep. Gricius, S.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the requirements for the provision of remote, transitional mental health therapy and substance use disorder counseling;
• allows for the provision of remote mental health therapy and substance use disorder counseling, subject to certain conditions;
• modifies requirements related to the training hours required for licensure as a:
• clinical social worker;
• marriage and family therapist; or
• clinical mental health counselor; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MENTAL HEALTH PROFESSIONAL LICENSING
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: 
Michael K. McKell
LONG TITLE
General Description:
This bill amends provisions of the Mental Health Professional Practice Act.
Highlighted Provisions:
This bill:
▸ amends the requirements for the provision of remote, transitional mental health
therapy and substance use disorder counseling;
▸ allows for the provision of remote mental health therapy and substance use disorder
counseling, subject to certain conditions;
▸ modifies requirements related to the training hours required for licensure as a:
• clinical social worker;
• marriage and family therapist; or
• clinical mental health counselor; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-60-107
, as last amended by Laws of Utah 2021, Chapter 313
58-60-205
, as last amended by Laws of Utah 2022, Chapters 345, 466
58-60-207
, as last amended by Laws of Utah 2020, Chapter 339
58-60-305
, as last amended by Laws of Utah 2022, Chapters 345, 416 and 466
58-60-405
, as last amended by Laws of Utah 2022, Chapters 345, 416 and 466
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-60-107
 is amended to read:
58-60-107.
Exemptions from licensure.
(1) Except as modified in Section 
58-60-103
, the exemptions from licensure in Section
58-1-307
 apply to this chapter.
(2) In addition to the exemptions from licensure in Section 
58-1-307
, the following
may engage in acts included within the definition of practice as a mental health therapist,
subject to the stated circumstances and limitations, without being licensed under this chapter:
(a) the following when practicing within the scope of the license held:
(i) a physician and surgeon or osteopathic physician and surgeon licensed under
Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
(ii) an advanced practice registered nurse, specializing in psychiatric mental health
nursing, licensed under Chapter 31b, Nurse Practice Act;
(iii) a psychologist licensed under Chapter 61, Psychologist Licensing Act; and
(iv) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act,
and specializing in mental health care under Section 
58-70a-501.1
;
(b) a recognized member of the clergy while functioning in a ministerial capacity as
long as the member of the clergy does not represent that the member of the clergy is, or use the
title of, a license classification in Subsection 
58-60-102
(5);
(c) an individual who is offering expert testimony in a proceeding before a court,
administrative hearing, deposition upon the order of a court or other body having power to
order the deposition, or a proceeding before a master, referee, or alternative dispute resolution
provider;
(d) an individual engaged in performing hypnosis who is not licensed under this title in
a profession which includes hypnosis in its scope of practice, and who:
(i) (A) induces a hypnotic state in a client for the purpose of increasing motivation or
altering lifestyles or habits, such as eating or smoking, through hypnosis;
(B) consults with a client to determine current motivation and behavior patterns;
(C) prepares the client to enter hypnotic states by explaining how hypnosis works and
what the client will experience;
(D) tests clients to determine degrees of suggestibility;
(E) applies hypnotic techniques based on interpretation of consultation results and
analysis of client's motivation and behavior patterns; and
(F) trains clients in self-hypnosis conditioning;
(ii) may not:
(A) engage in the practice of mental health therapy;
(B) use the title of a license classification in Subsection 
58-60-102
(5); or
(C) use hypnosis with or treat a medical, psychological, or dental condition defined in
generally recognized diagnostic and statistical manuals of medical, psychological, or dental
disorders;
(e) an individual's exemption from licensure under Subsection 
58-1-307
(1)(b)
terminates when the student's training is no longer supervised by qualified faculty or staff and
the activities are no longer a defined part of the degree program;
(f) an individual holding an earned doctoral degree or master's degree in social work,
marriage and family therapy, or clinical mental health counseling, who is employed by an
accredited institution of higher education and who conducts research and teaches in that
individual's professional field, but only if the individual does not engage in providing or
supervising professional services regulated under this chapter to individuals or groups
regardless of whether there is compensation for the services;
(g) an individual in an on-the-job training program approved by the division while
under the supervision of qualified persons;
(h) an individual providing general education in the subjects of alcohol, drug use, or
substance use disorders, including prevention;
(i) an individual providing advice or counsel to another individual in a setting of their
association as friends or relatives and in a nonprofessional and noncommercial relationship, if
there is no compensation paid for the advice or counsel; and
(j) an individual who is licensed, in good standing, to practice mental health therapy or
substance use disorder counseling in a state or territory of the United States outside of Utah
may provide short term transitional mental health therapy remotely or short term transitional
substance use disorder counseling remotely to a client in Utah [
only
] if:
(i) the individual is present in the state or territory where the individual is licensed to
practice mental health therapy or substance use disorder counseling;
(ii) the client relocates to Utah;
(iii) the client is a client of the individual immediately before the client relocates to
Utah;
(iv) the individual provides the short term transitional mental health therapy or short
term transitional substance use disorder counseling remotely to the client only during the [
]
 day period beginning on the day on which the client relocates to Utah;
(v) within [
days
] 
one day
 after the day on which the [
client relocates to
] 
individual
first provides mental health therapy or substance use disorder counseling remotely to the client
in
 Utah, the individual provides written notice to the division of the individual's intent to
provide short term transitional mental health therapy or short term transitional substance use
disorder counseling remotely to the client; and
(vi) the individual does not engage in unlawful conduct or unprofessional conduct.
(3) (a) As used in this Subsection (3):
(i) "Prescribe" means the same as that term is defined in Section 
58-17b-102
.
(ii) "Prescription drug" means the same as that term is defined in Section 
58-17b-102
.
(b) Except as otherwise provided in an interstate compact enacted under this title,
an individual who is licensed, in good standing, to practice mental health therapy or substance
use disorder counseling in a state or territory of the United States outside of Utah, and who
provides mental health therapy remotely or substance use disorder counseling remotely to a
client in Utah:
(i) may not prescribe a prescription drug for a client in Utah unless the individual is
licensed in Utah to prescribe the prescription drug;
(ii) shall, before providing mental health therapy remotely or substance use disorder
counseling remotely to a client in Utah, be aware of:
(A) how to access emergency services and resources in Utah; and
(B) all applicable laws and rules regarding the required or permitted reporting or
disclosing of confidential client communications;
(iii) shall, within one day after the day on which the individual first provides mental
health therapy remotely or substance use disorder counseling remotely to a client in Utah,
submit to the division a signed notice, in the form required by the division, notifying the
division that the individual is providing therapy or counseling under the exemption in this
Subsection (3); and
(iv) shall obtain a Utah license:
(A) within nine months after the day on which the individual first provides mental
health therapy remotely or substance use disorder counseling remotely to a client in Utah; or
(B) if at any time the individual provides mental health therapy remotely or substance
use disorder counseling remotely to more than one client in Utah.
(4) The division shall report to the Health and Human Services Interim Committee at
or before the committee's October 2026 meeting regarding the exemption described in
Subsection (3), including information about any complaints the division has received
concerning individuals who have provided therapy or counseling under that exemption.
Section 2. Section 
58-60-205
 is amended to read:
58-60-205.
Qualifications for licensure or certification as a clinical social worker,
certified social worker, and social service worker.
(1) An applicant for licensure as a clinical social worker 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 from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of
an education and an earned degree as follows:
(i) a master's degree in a social work program accredited by the Council on Social
Work Education or by the Canadian Association of Schools of Social Work; or
(ii) a doctoral degree that contains a clinical social work concentration and practicum
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that is consistent with Section 
58-1-203
;
(d) have completed a minimum of 3,000 hours of clinical social work training as
defined by division rule under Section 
58-1-203
:
[
(i) in not less than two years;
]
[
(ii)
] 
(i)
 under the supervision of a supervisor approved by the division in collaboration
with the board who is a:
(A) clinical mental health counselor;
(B) psychiatrist;
(C) psychologist;
(D) registered psychiatric mental health nurse practitioner;
(E) marriage and family therapist; or
(F) clinical social worker; and
[
(iii)
] 
(ii)
 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 3,000 hours of training in Subsection
(1)(d), and of which documented evidence demonstrates not less than [
] 
 of the hours
were obtained under the direct supervision, as defined by rule, of a supervisor described in
Subsection [
(1)(d)(ii)
] 
(1)(d)(i)
;
(f) have completed a case work, group work, or family treatment course sequence with
a clinical practicum in content as defined by rule under Section 
58-1-203
;
(g) pass the examination requirement established by rule under Section 
58-1-203
; and
(h) if the applicant is applying to participate in the Counseling Compact under Chapter
60a, Counseling Compact, consent to a criminal background check in accordance with Section
58-60-103.1
 and any requirements established by division rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) An applicant for licensure as a certified social worker 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 from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of
an education and an earned degree as follows:
(i) a master's degree in a social work program accredited by the Council on Social
Work Education or by the Canadian Association of Schools of Social Work; or
(ii) a doctoral degree that contains a clinical social work concentration and practicum
approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that is consistent with Section 
58-1-203
; and
(d) pass the examination requirement established by rule under Section 
58-1-203
.
(3) (a) An applicant for certification as a certified social worker intern shall meet the
requirements of Subsections (2)(a)[
, (b), and
] 
through
 (c).
(b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
examination required under Subsection (2)(d) or six months, whichever occurs first.
(c) A certified social worker intern may provide mental health therapy under the
general supervision, as defined by rule, of a supervisor described in Subsection [
(1)(d)(ii)
]
(1)(d)(i)
.
(4) An applicant for licensure as a social service worker 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 from an accredited institution of higher education
recognized by the division in collaboration with the board verifying satisfactory completion of
an education and an earned degree as follows:
(i) a bachelor's degree in a social work program accredited by the Council on Social
Work Education or by the Canadian Association of Schools of Social Work;
(ii) a master's degree in a field approved by the division in collaboration with the
board;
(iii) a bachelor's degree in any field if the applicant:
(A) has completed at least three semester hours, or the equivalent, in each of the
following areas:
(I) social welfare policy;
(II) human growth and development; and
(III) social work practice methods, as defined by rule; and
(B) provides documentation that the applicant has completed at least 2,000 hours of
qualifying experience under the supervision of a mental health therapist, which experience is
approved by the division in collaboration with the board, and which is performed after
completion of the requirements to obtain the bachelor's degree required under this Subsection
(4); or
(iv) successful completion of the first academic year of a Council on Social Work
Education approved master's of social work curriculum and practicum; and
(d) pass the examination requirement established by rule under Section 
58-1-203
.
(5) The division shall ensure that the rules for an examination described under
Subsections (1)(g), (2)(d), and (4)(d) allow additional time to complete the examination if
requested by an applicant who is:
(a) a foreign born legal resident of the United States for whom English is a second
language; or
(b) an enrolled member of a federally recognized Native American tribe.
Section 3. Section 
58-60-207
 is amended to read:
58-60-207.
Scope of practice -- Limitations.
(1) (a) A clinical social worker may engage in all acts and practices defined as the
practice of clinical social work without supervision, in private and independent practice, or as
an employee of another person, limited only by the licensee's education, training, and
competence.
(b) A clinical social worker may not supervise more than six individuals who are
lawfully engaged in training for the practice of mental health therapy, unless granted an
exception in writing from the division in collaboration with the board.
(2) To the extent an individual is professionally prepared by the education and training
track completed while earning a master's or doctor of social work degree, a licensed certified
social worker may engage in all acts and practices defined as the practice of certified social
work consistent with the licensee's education, clinical training, experience, and competence:
(a) under supervision of an individual described in Subsection [
58-60-205
(1)(d)(ii)
]
58-60-205
(1)(d)(i)
 and as an employee of another person when engaged in the practice of
mental health therapy;
(b) without supervision and in private and independent practice or as an employee of
another person, if not engaged in the practice of mental health therapy;
(c) including engaging in the private, independent, unsupervised practice of social
work as a self-employed individual, in partnership with other mental health therapists, as a
professional corporation, or in any other capacity or business entity, so long as he does not
practice unsupervised psychotherapy; and
(d) supervising social service workers as provided by division rule.
Section 4. 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 3,000 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)
] 
(i)
 under the supervision of a mental health therapist supervisor who meets the
requirements of Section 
58-60-307
;
[
(iii)
] 
(ii)
 obtained after completion of the education requirement in Subsection (1)(c);
and
[
(iv)
] 
(iii)
 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)
] 
(1)(c)
, which training may be included as part of the 3,000
hours of training described in Subsection (1)(d), and of which documented evidence
demonstrates not less than [
] 
 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
;
(f) pass the examination requirement established by division rule under Section
58-1-203
; and
(g) if the applicant is applying to participate in the Counseling Compact under Chapter
60a, Counseling Compact, consent to a criminal background check in accordance with Section
58-60-103.1
 and any requirements established by division rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) All applicants for licensure as an associate marriage and family therapist shall
comply with the provisions of Subsections (1)(a)[
, (b), and
] 
through
 (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 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 four years
past the date the minimum supervised clinical training requirement has been completed.
Section 5. 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)(c)(i);
(d) have completed a minimum of 3,000 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)
] 
(i)
 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)
] 
(ii)
 obtained after completion of the education requirement in Subsection (1)(c);
and
[
(iv)
] 
(iii)
 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 3,000 hours of training in Subsection
(1)(d), and of which documented evidence demonstrates not less than [
] 
 of the hours
were obtained under the direct supervision of a mental health therapist, as defined by rule;
(f) pass the examination requirement established by division rule under Section
58-1-203
; and
(g) if the applicant is applying to participate in the Counseling Compact under Chapter
60a, Counseling Compact, consent to a criminal background check in accordance with Section
58-60-103.1
 and any requirements established by division rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) An applicant for licensure as an associate clinical mental health counselor shall
comply with the provisions of Subsections (1)(a)[
, (b), and
] 
through
 (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 two 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 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) Notwithstanding Subsection (1)(c), an applicant satisfies the education requirement
described in Subsection (1)(c) if the applicant submits documentation verifying:
(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;
(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
(c) that the applicant received a passing score that is valid and in good standing on:
(i) the National Counselor Examination; and
(ii) the National Clinical Mental Health Counseling Examination.