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S.B. 43
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MARRIAGE AND FAMILY THERAPIST
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LICENSING AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Karen Hale
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AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING; GRANTING
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CERTAIN RULEMAKING AUTHORITY TO THE MARRIAGE AND FAMILY THERAPY
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LICENSING BOARD; AMENDING EDUCATIONAL REQUIREMENTS FOR MARRIAGE
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AND FAMILY THERAPISTS; ESTABLISHING REQUIREMENTS FOR MARRIAGE AND
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FAMILY THERAPIST SUPERVISORS; MAKING TECHNICAL CORRECTIONS; AND
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PROVIDING A GRANDFATHER CLAUSE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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58-1-501, as enacted by Chapter 297, Laws of Utah 1993
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58-60-303, as enacted by Chapter 32, Laws of Utah 1994
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58-60-305, as last amended by Chapter 28, Laws of Utah 1995
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ENACTS:
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58-60-305.5, Utah Code Annotated 1953
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58-60-307, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-1-501
is amended to read:
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58-1-501. Unlawful and unprofessional conduct.
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(1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful under
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this title and includes:
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(a) practicing or engaging in, representing oneself to be practicing or engaging in, or
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attempting to practice or engage in any occupation or profession requiring licensure under this title
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if the person is:
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(i) not licensed to do so or not exempted from licensure under this title; or
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(ii) restricted from doing so by a suspended, revoked, restricted, temporary, probationary,
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or inactive license;
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(b) impersonating another licensee or practicing an occupation or profession under a false
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or assumed name, except as permitted by law;
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(c) knowingly employing any other person to practice or engage in or attempt to practice
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or engage in any occupation or profession licensed under this title if the employee is not licensed
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to do so under this title;
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(d) knowingly permitting the person's authority to practice or engage in any occupation or
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profession licensed under this title to be used by another, except as permitted by law; or
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(e) obtaining a passing score on a licensure examination, applying for or obtaining a
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license, or otherwise dealing with the division or a licensing board through the use of fraud,
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forgery, or intentional deception, misrepresentation, misstatement, or omission.
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(2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined as
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unprofessional conduct under this title or under any rule adopted under this title and includes:
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(a) violating, or aiding or abetting any other person to violate, any statute, rule, or order
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regulating an occupation or profession under this title;
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(b) violating, or aiding or abetting any other person to violate, any generally accepted
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professional or ethical standard applicable to an occupation or profession regulated under this title;
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(c) engaging in conduct that results in conviction of, or a plea of nolo contendere to, a
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crime of moral turpitude or any other crime that, when considered with the functions and duties
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of the occupation or profession for which the license was issued or is to be issued, bears a
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reasonable relationship to the licensee's or applicant's ability to safely or competently practice the
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occupation or profession;
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(d) engaging in conduct that results in disciplinary action, including reprimand, censure,
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diversion, probation, suspension, or revocation, by any other licensing or regulatory authority
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having jurisdiction over the licensee or applicant in the same occupation or profession if the
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conduct would, in this state, constitute grounds for denial of licensure or disciplinary proceedings
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under Section
58-1-401
;
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(e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
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chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
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ability of the licensee or applicant to safely engage in the occupation or profession;
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(f) practicing or attempting to practice an occupation or profession regulated under this
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title despite being physically or mentally unfit to do so;
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(g) practicing or attempting to practice an occupation or profession regulated under this
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title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
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(h) practicing or attempting to practice an occupation or profession requiring licensure
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under this title by any form of action or communication which is false, misleading, deceptive, or
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fraudulent;
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(i) practicing or attempting to practice an occupation or profession regulated under this
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title beyond the scope of the licensee's competency, abilities, or education;
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(j) practicing or attempting to practice an occupation or profession regulated under this
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title beyond the scope of the licensee's license; [or]
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(k) verbally, physically, mentally, or sexually abusing or exploiting any person through
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conduct connected with the licensee's practice under this title or otherwise facilitated by the
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licensee's license[.]; or
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(l) acting as a supervisor without meeting the qualification requirements for that position
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that are defined by statute or rule.
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Section 2.
Section
58-60-303
is amended to read:
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58-60-303. Board.
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(1) There is created the Marriage and Family Therapist Licensing Board consisting of four
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marriage and family therapists and one member from the general public.
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(2) The board shall be appointed, serve terms, and be compensated in accordance with
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Section
58-1-201
.
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(3) The [duties and responsibilities of the] board [are in accordance] shall:
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(a) comply with the provisions of Sections
58-1-202
and
58-1-203
[. In addition, the board
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shall:];
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[(a)] (b) designate one of its members on a permanent or rotating basis to assist the
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division in review of complaints concerning unlawful or unprofessional practice by a licensee in
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the respective profession regulated by the board, and to advise the division with respect to the
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conduct of investigations of the complaints; and
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[(b)] (c) disqualify any member from acting as presiding officer in any administrative
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procedure in which that member has previously reviewed the complaint or advised the division.
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Section 3.
Section
58-60-305
is amended to read:
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58-60-305. Qualifications for licensure.
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All applicants for licensure as marriage and family therapists shall:
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(1) submit an application on a form provided by the division;
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(2) pay a fee determined by the department under Section
63-38-3.2
;
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(3) be of good moral character;
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(4) produce certified transcripts evidencing completion of a masters or doctorate degree
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in marriage and family therapy from [an accredited institution of higher education recognized by
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the division in collaboration with the board verifying satisfactory completion of an earned degree
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resulting from education as follows]:
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[(a) an earned doctorate degree in marriage and family therapy from]
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(a) S [
an institution
] A PROGRAM s accredited by the Commission on Accreditation for
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Marriage and Family
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Therapy Education; or
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(b) an accredited institution meeting criteria for approval established by rule under Section
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58-1-203
;
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[(b) an earned doctorate degree in a field of education emphasizing human behavioral
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studies and skill in therapy or counseling which is determined by the division in collaboration with
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the board to be equivalent to the doctorate degree in Subsection (4)(a), and is obtained from an
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accredited institution meeting criteria for approval established by rule under Section
58-1-203
;]
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[(c) an earned master's degree in marriage and family therapy from an accredited
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institution meeting criteria for approval established by rule under Section
58-1-203
;]
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[(d) an earned master's degree in a field of education emphasizing human behavioral
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studies and skill in therapy or counseling which is determined by the division in collaboration with
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the board to be equivalent to the master's degree in Subsection (4)(c), and is obtained from an
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accredited institution meeting criteria for approval established by rule under Section
58-1-203
; or]
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[(e) an earned master's or doctorate degree in a field of religious study with a documented
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emphasis in marriage and family therapy determined by the division in collaboration with the
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board to be equivalent to the education requirements in Subsection (4)(b) or (d);]
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(5) have completed a minimum of 4,000 hours of marriage and family therapy training as
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defined by division rule under Section
58-1-203
, in not less than two years, under the supervision
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of a marriage and family therapist supervisor [approved by the division in collaboration with the
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board] who meets the requirements of Section
58-60-307
, and obtained after completion of the
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education requirement in Subsection (4);
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(6) document successful completion of not less than 1,000 hours of supervised training in
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mental health therapy obtained after completion of the education requirement described in
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Subsection (4)(a) or (b), which training may be included as part of the 4,000 hours of training
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described in Subsection (5), and of which documented evidence demonstrates not less than 100
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of the supervised hours were obtained [under the] during direct, personal, face-to-face supervision
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[of] by a marriage and family therapist [approved by the division in collaboration with the board]
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supervisor qualified under Section
58-60-307
; and
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(7) pass the examination requirement established by division rule under Section
58-1-203
.
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Section 4.
Section
58-60-305.5
is enacted to read:
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58-60-305.5. Qualification for licensure before May 1, 2000.
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(1) A person who was licensed under this chapter as of May 1, 2000, may apply for
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renewal of licensure without being required to fulfill the educational requirements described in
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Subsection
58-60-305
(4).
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(2) A person who seeks licensure under this chapter before July 1, 2002, need comply only
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with the licensure requirements in effect before May 1, 2000.
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Section 5.
Section
58-60-307
is enacted to read:
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58-60-307. Marriage and family therapist supervisors.
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(1) Each person acting as a marriage and family therapist supervisor shall:
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(a) have at least five years of clinical experience as a marriage and family therapist since
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the date of first licensure; and
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(b) either:
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(i) be approved as a supervisor by S [
the American Association S [ of ]
FOR
s Marriage and
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Family
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S [Therapists ]
THERAPY
s
]
A NATIONAL PROFESSIONAL ORGANIZATION
s ; or
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(ii) meet the criteria established by rule.
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(2) Persons who act as a supervisor without meeting the requirements of this section are
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subject to discipline for unprofessional conduct.
Legislative Review Note
as of 12-21-99 12:24 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.