Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 48 (2025GS)

Sponsor

Sen. McKell, Michael K.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• makes a technical correction;
• expands the scopes of practice for mental health therapists; and
• creates the Mental Health Professionals Education and Enforcement Fund.

Every vote on this bill

Bill text

4
58-60-102
58-60-118
1
Behavioral Health Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill modifies licensing provisions for mental health therapists.
Highlighted Provisions:
This bill:
makes a technical correction;
expands the scopes of practice for mental health therapists; and
creates the Mental Health Professionals Education and Enforcement Fund.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-60-102
, as last amended by Laws of Utah 2024, Chapter 420
ENACTS:
58-60-118
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
58-60-102
 is amended to read:
58-60-102
. Definitions.
As used in this chapter, unless a different meaning is established by definition under a 
specific section or part:
(1)
"Board" means the Behavioral Health Board created in Section 
58-60-102.5
.
(2)
"Client" or "patient" means an individual who consults or is examined or interviewed by 
an individual licensed under this chapter who is acting in the individual's professional 
capacity.
(3)
"Clinical supervision" means work experience conducted under the supervision of a 
clinical supervisor, including
:
(a)
the practice of mental health therapy, direct client care, direct clinical supervision, 
direct observation, and other duties and activities completed in the course of the 
day-to-day job functions and work of
 a
:
(i)
(a)
a 
certified social worker;
(ii)
(b)
an 
associate marriage and family therapist;
(iii)
(c)
an 
associate clinical mental health counselor; or
(iv)
(d)
an 
associate master addiction counselor, wherein the supervisor is available for 
consultation with the supervisee by personal face-to-face contact, or direct voice 
contact by telephone, radio, or other means within a reasonable time consistent with 
the acts and practices in which the supervisee is engaged.
(4)
"Clinical supervisor" means an individual who oversees and mentors one or more 
mental health therapists licensed under this chapter, and who:
(a)
(i)
is licensed, in good standing, as a mental health therapist;
(ii)
is approved or certified in good standing as a supervisor by a national 
professional organization for social work, mental health counseling, addiction 
counseling, marriage and family therapy, psychology, medicine, or nursing, or 
other organization as approved by the division;
(iii)
(A)
has completed eight or more hours of supervision instruction that meets 
minimum standards established by the division in rule; or
(B)
has completed a graduate course on clinical supervision from an accredited 
program;
(iv)
completes continuing education in clinical supervision, as established by the 
division in rule; and
(v)
provides supervision to no more than the number of individuals to whom the 
supervisor can reasonably provide clinical supervision by performing the duties 
and responsibilities of a supervisor, including:
(A)
being available to the supervisee for consultation by personal face-to-face 
contact, or by direct voice contact by telephone, video conference, or other 
means within a reasonable time frame;
(B)
providing instruction, direction, oversight, observation, evaluation, and 
feedback, to enable the supervisee to acquire the knowledge, skills, techniques, 
and abilities necessary to engage in the practice of behavioral health care 
ethically, safely, and competently; and
(C)
maintaining routine personal contact with the supervisee; and
(b)
(i)
is qualified and acting as a valid supervisor, in accordance with applicable law 
and division rules, as of April 30, 2024; and
(ii)
has satisfied the requirements of Subsection (4)(a), as of January 1, 2027.
(5)
"Confidential communication" means information obtained by an individual licensed 
under this chapter, including information obtained by the individual's examination of the 
client or patient, which is:
(a)
(i)
transmitted between the client or patient and an individual licensed under this 
chapter in the course of that relationship; or
(ii)
transmitted among the client or patient, an individual licensed under this chapter, 
and individuals who are participating in the diagnosis or treatment under the 
direction of an individual licensed under this chapter, including members of the 
client's or patient's family; and
(b)
made in confidence, for the diagnosis or treatment of the client or patient by the 
individual licensed under this chapter, and by a means not intended to be disclosed to 
third persons other than those individuals:
(i)
present to further the interest of the client or patient in the consultation, 
examination, or interview;
(ii)
reasonably necessary for the transmission of the communications; or
(iii)
participating in the diagnosis and treatment of the client or patient under the 
direction of the mental health therapist.
(6)
"Designated examiner" means the same as that term is defined in Section 
26B-5-301
.
(7)
(a)
"Direct client care" means the practice of mental health therapy performed as an 
applicant for licensure.
(b)
"Direct client care" includes:
(i)
the practice of mental health therapy;
(ii)
the utilization of patient-reported progress and outcomes to inform care; and
(iii)
direct observation.
(8)
(a)
"Direct clinical supervision" means an applicant for licensure and the applicant's 
direct clinical supervisor meeting in real time and in accordance with the applicant 
for licensure's supervision contract as defined by division rule.
(b)
"Direct clinical supervision" includes group supervision.
(9)
"Direct clinical supervisor" means the clinical supervisor who has signed the 
supervision contract with the applicant for licensure.
(10)
"Direct observation" means observation of an applicant for licensure's live or recorded 
direct client care:
(a)
(i)
by the applicant for licensure's clinical supervisor; or
(ii)
by a licensee under Subsection (4)(a) who the applicant for licensure's direct 
clinical supervisor approves; and
(b)
after which the applicant for licensure and the observer under Subsection 
(10)(a)
meet, in-person or electronically, to discuss the direct client care for the purpose of 
developing the applicant for licensure's clinical knowledge and skill.
(11)
"FBI Rap Back System" means the same as that term is defined in Section 
53-10-108
.
(12)
"Group supervision" means an applicant for licensure meeting with the applicant's 
direct clinical supervisor and at least one of the direct clinical supervisor's other 
supervised applicants for licensure:
(a)
while the clinical supervisor and the applicants:
(i)
can see and openly communicate with each other; and
(ii)
are present in the same room or via electronic video; and
(b)
for the purpose of developing the applicants' clinical knowledge and skill.
(13)
"Hypnosis" means, when referring to individuals exempted from licensure under this 
chapter, a process by which an individual induces or assists another individual into a 
hypnotic state without the use of drugs or other substances and for the purpose of 
increasing motivation or to assist the individual to alter lifestyles or habits.
(14)
"Individual" means a natural person.
(15)
"Mental health therapist" means an individual who is practicing within the scope of 
practice defined in the individual's respective licensing act and is licensed under this title 
as:
(a)
a physician and surgeon, or osteopathic physician engaged in the practice of mental 
health therapy;
(b)
an advanced practice registered nurse, specializing in psychiatric mental health 
nursing;
(c)
an advanced practice registered nurse intern, specializing in psychiatric mental health 
nursing;
(d)
a psychologist qualified to engage in the practice of mental health therapy;
(e)
a certified psychology resident qualifying to engage in the practice of mental health 
therapy;
(f)
a physician assistant specializing in mental health care under Section 
58-70a-501.1
;
(g)
a clinical social worker;
(h)
a certified social worker;
(i)
a marriage and family therapist;
(j)
an associate marriage and family therapist;
(k)
a clinical mental health counselor;
(l)
an associate clinical mental health counselor;
(m)
a master addiction counselor; or
(n)
an associate master addiction counselor.
(16)
"Mental illness" means a mental or emotional condition defined in an approved 
diagnostic and statistical manual for mental disorders generally recognized in the 
professions of mental health therapy listed under Subsection (15).
(17)
"Practice of mental health therapy" means treatment or prevention of 
another 
individual's 
mental illness
 or emotional disorder
, whether in person or remotely, 
including:
(a)
conducting a professional evaluation of an individual's condition of mental health, 
mental illness, or emotional disorder consistent with standards generally recognized 
in the professions of mental health therapy listed under Subsection (15);
(b)
establishing a diagnosis in accordance with established written standards generally 
recognized in the professions of mental health therapy listed under Subsection (15);
(c)
conveying an opinion as to the validity of an individual's established diagnosis;
(c)
(d)
prescribing a plan for the prevention or treatment of a condition of mental illness 
or emotional disorder; and
(d)
(e)
engaging in the conduct of professional intervention, including
:
(i)
psychotherapy by the application of established methods and procedures generally 
recognized in the professions of mental health therapy listed under Subsection (15)
.
; and
(ii)
modes of treatment designed to treat interpersonal dysfunction; and
(f)
holding oneself out as providing, or has having the skills, experience, or training to 
competently provide, any of the services described in Subsections 
(17)(a)
 through (e).
(18)
"Remotely" means communicating via Internet, telephone, or other electronic means 
that facilitate real-time audio or visual interaction between individuals when they are not 
physically present in the same room at the same time.
(19)
"Unlawful conduct" is as defined in Sections 
58-1-501
 and 
58-60-109
.
(20)
"Unprofessional conduct" is as defined in Sections 
58-1-501
 and 
58-60-110
, and may 
be further defined by division rule.
Section 2, Section 
58-60-118
 is enacted to read:
58-60-118
. Mental Health Professionals Education and Enforcement Fund.
(1)
There is created an expendable special revenue fund known as the "Mental Health 
Professionals Education and Enforcement Fund."
(2)
The fund consists of money from administrative penalties collected pursuant to this 
chapter.
(3)
The fund shall earn interest, and all interest earned on fund money shall be deposited 
into the fund.
(4)
The director may, with concurrence of the board, make distributions from the fund for 
the following purposes:
(a)
education and training of licensees under this chapter;
(b)
education and training of the public or other interested persons in matters concerning 
the laws governing the practices licensed under this chapter; and
(c)
enforcement of this chapter by:
(i)
investigating unprofessional or unlawful conduct; and
(ii)
providing legal representation to the division when the division takes legal action 
against a person engaging in unprofessional or unlawful conduct.
(5)
If the balance in the fund exceeds $100,000 at the close of any fiscal year, the excess 
shall be transferred to the General Fund.
(6)
The division shall report annually to the appropriate appropriations subcommittee of the 
Legislature concerning the fund.
Section 3. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-6-25 5:41 PM