Commerce, Occupational and Professional Licensing

Rule R156-60b

Marriage and Family Therapist Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 32973
Filed: 09/14/2009 02:42:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Marriage and Family Therapist Licensing Board reviewed this rule and determined that changes need to be made.

Summary of the rule or change:

Throughout the rule the term "Division" has been capitalized where applicable. Also statutory and rule citations have been updated throughout the rule. In Section R156-60b-302a, the proposed amendments delete the reference to 07/01/2002 as this date has passed and it is no longer applicable, make stylistic changes and clarify the clinical practicum course requirement by adding the terms "direct contact" and "face to face". Subsection R156-60b-302a(2) is being deleted as it is no longer applicable. In Subsection R156-60b-302d(3), the proposed amendment deletes the reference to 01/01/2009 as this date has passed and it is no longer applicable. Subsection R156-60b-302d(4) is being added to clarify how supervisor requirements in Subsection R156-60b-302d(3) should be enforced. This proposed addition allows for the possibility of applicants gathering hours under requirements in place prior to 12/31/2008 to get credit for their hours if they apply for a license prior to 01/01/2010. Throughout Section R156-60b-304, the terms "qualified professional education" and "professional education" have been changed to "continuing education" and other stylistic changes have been made throughout this section. In Subsection R156-60b-304(2), the proposed amendment replaces September 30 with October 1 because the renewal period actually begins on October 1. The proposed amendment also adds the continuing education requirement of completing at least six hours in ethics/law, of which at least three hours must be directly related to marriage and family therapy. This proposed additional requirement will help therapists be more aware of the laws and ethics that apply to their professional practice. In Subsection R156-60b-304(5), the proposed amendments clarify what entities may approve, sponsor, or conduct continuing education. The proposed amendments also limit the number of clinical readings, internet, or distance learning courses to a maximum of ten hours and adds the Division of Occupational and Professional Licensing as an approved provider for continuing education.

State statutory or constitutional authorization for this rule:

• Section 58-60-301
• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed marriage and family therapists and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed marriage and family therapists and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

As a result of the proposed amendment requiring completion of six hours of continuing education in law/ethics, licensed marriage and family therapists may see either a minimal increase or possible decrease in continuing education costs as courses on this subject may cost more or less than current courses. The Division is unable to determine any exact amount of an increase or decrease in costs to obtain the law/ethics continuing education hours. As a result of the proposed amendment which adds the Division of Occupational and Professional Licensing as an approved continuing education provider, licensees will have an additional option with respect to obtaining continuing education hours. Licensed marriage and family therapists may see minimal savings in continuing education costs as a result of the Division now providing continuing education training for the profession up to a maximum of two hours in each two year period. However, any exact amount of savings is unable to be determined.

Compliance costs for affected persons:

As a result of the proposed amendment requiring completion of six hours of continuing education in law/ethics, licensed marriage and family therapists may see either a minimal increase or possible decrease in continuing education costs as courses on this subject may cost more or less than current courses. The Division is unable to determine any exact amount of an increase or decrease in costs to obtain the law/ethics continuing education hours. As a result of the proposed amendment which adds the Division of Occupational and Professional Licensing as an approved continuing education provider, licensees will have an additional option with respect to obtaining continuing education hours. Licensed marriage and family therapists may see minimal savings in continuing education costs as a result of the Division now providing continuing education training for the profession up to a maximum of two hours in each two year period. However, any exact amount of savings is unable to be determined.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing removes outdated provisions, changes the continuing education reporting period to become consistent with license renewal dates, includes the Division as a provider of continuing education, requires six hours of such education to be in ethics and makes other technical amendments. No fiscal impact to businesses is anticipated from these changes beyond those addressed in the rule filing.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/02/2009

Interested persons may attend a public hearing regarding this rule:

• 10/14/2009 09:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 210 (second floor), Salt Lake City, UT

This rule may become effective on:

11/09/2009

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-60b. Marriage and Family Therapist Licensing Act Rule.

R156-60b-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 60, as used in Title 58, Chapters 1 and 60, or this rule:

(1) "AAMFT" means the American Association for Marriage and Family Therapy.

(2) "Face to face supervision" as described in Subsection R156-60b-302a(1)(b)(vii) includes both individual and group supervision.

(3) "Group supervision" means supervision between the supervisor and no more than three supervisees, unless preapproved by the Board.

(4) "Individual supervision" means supervision between the supervisor and one or two supervisees in accordance with standards set forth in Subsection R156-60b-302b(1)(d).

(5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 60, is further defined, in accordance with Subsection 58-1-203[(5)](1)(e), in Section R156-60b-502.

R156-60b-103. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 60, Part 3.

R156-60b-302a. Qualifications for Licensure - Education Requirements.

(1) Pursuant to Subsection 58-60-305(1)(d), an applicant applying for licensure as a marriage and family therapist [after July 1, 2002 ]shall:

(a) produce certified transcripts evidencing completion of a master's or doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy at the time the applicant obtained the education; or

(b) (i) produce certified transcripts evidencing completion of a master's degree in marriage and family therapy from a program accredited by a professional accrediting body approved by the Council for Higher Education Accreditation of the American Council on Education at the time the applicant obtained the education .[which includes courses in the following areas:]

(ii) A program under Subsection (1)(b)(i) shall include the following:

([i]A) six semester hours/nine quarter hours of course work in theoretical foundations of marital and family therapy;

([ii]B) nine semester hours/12 quarter hours of course work in assessment and treatment in marriage and family therapy, including Diagnostic Statistical Manual (DSM);

([iii]C) six semester hours/nine quarter hours of course work in human development and family studies which include ethnic minority issues, and gender issues including sexuality, sexual functioning, and sexual identity;

([iv]D) three semester hours/four and one-half quarter hours in professional ethics;

([v]E) three semester hours/four and one-half quarter hours in research methodology and data analysis;

([vi]F) three semester hours/four and one-half quarter hours in electives in marriage and family therapy; and

([vii]G) a clinical practicum of not [less]fewer than 600 hours which includes not [less]fewer than 100 hours of face to face supervision and not [less]fewer than 500 direct contact hours of face to face supervised clinical practice of which not less than 250 hours shall be with couples or families who are physically present in the therapy room.[

(2) Pursuant to Subsection 58-60-305.5(2), an applicant applying for licensure as a marriage and family therapist before July 1, 2002 shall meet the following requirements:

(a) produce certified transcripts evidencing completion of a master's or doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy; or

(b) produce certified transcripts evidencing an earned doctorate or master's degree in a field of education emphasizing human behavioral studies and skill in therapy or counseling which shall:

(i) be from an institution which is accredited by a professional accrediting body approved by the Council for Higher Education Accreditation of the American Council on Education at the time the applicant obtained the education; and

(ii) include successful completion of the following graduate level course work and a clinical practicum:

(A) six semester hours/nine quarter hours of course work in theoretical foundations of marital and family therapy;

(B) nine semester hours/12 quarter hours of course work in assessment and treatment in marriage and family therapy, including DSM;

(C) six semester hours/nine quarter hours of course work in human development and family studies which include ethnic minority issues, and gender issues including sexuality, sexual functioning, and sexual identity;

(D) three semester hours/four and one-half quarter hours in professional ethics;

(E) three semester hours/four and one-half quarter hours in research methodology and data analysis;

(F) three semester hours/four and one-half quarter hours in electives in marriage and family therapy; and

(G) a clinical practicum of not less than 600 hours which includes not less than 100 hours of face to face supervision and not less than 500 hours of supervised clinical practice of which not less than 250 hours shall be with couples or families who are physically present in the therapy room; or

(c) produce certified transcripts evidencing an earned doctorate or master's degree in a field of religious study with a documented emphasis in marriage and family therapy and which meets the requirements set forth under Subsections (2)(b)(ii)(A) through (G).]

R156-60b-302d. Qualifications to be a Marriage and Family Therapist Training Supervisor.

Pursuant to the provisions of Subsection 58-60-307(1), to be qualified as a marriage and family therapist supervisor for training required under Subsections 58-60-305(1)(e) and (f), an individual shall:

(1) be licensed as a marriage and family therapist in good standing for not less than two years;

(2) be currently licensed as a marriage and family therapist in the state in which the training is being performed; and

(3) [on or after January 1, 2009, ]meet one of the following three options:

(a) be currently approved by AAMFT as a marriage and family therapist supervisor;

(b) have successfully completed a supervision course in a Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) accredited marriage and family therapy (MFT) program at an accredited university; or

(c) (i) have successfully completed 20 clock hours of instruction sponsored by AAMFT or the Utah Association for Marriage and Family [Therapists]Therapy (UAMFT) .[as follows:]

(ii) The instruction under Subsection (3)(c)(i) shall include the following:

(A) four hours of review of models of MFT and supervision;

(B) eight hours of MFT supervision processes and practice;

(C) four hours of research on effective outcomes and processes of supervision; and

(D) four hours of AAMFT Code of Ethics, state rules and case studies related to MFT supervision.

(4) Subsection (3) shall not apply to hours of supervised training completed on or before December 31, 2008 for applicants who submit their applications before January 1, 2010.

R156-60b-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licenses under Title 58, Chapter 60, is established by rule in Section R156-1-308 a(1).

(2) Renewal procedures shall be in accordance with Section R156-1-308 c.

R156-60b-304. Continuing Education.

(1) In accordance with Section 58-60-105, there is hereby established a continuing [professional ]education requirement for all individuals licensed under Title 58, Chapter 60, Part 3, as a marriage and family therapist.

(2) During each two year period commencing [September 30th]October 1st of each even numbered year, a marriage and family therapist shall be required to complete not [less]fewer than 40 hours of [qualified professional]continuing education directly related to the licensee's professional practice of which:

(a) [with ]at least 15 hours [thereof being]must be directly related to marriage and family therapy ; and

(b) at least six hours must be in ethics/law, of which at least three hours must be directly related to marriage and family therapy.

(3) The required number of hours of [professional]continuing education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(4) [Qualified professional]Continuing education under this section shall:

(a) [have an identifiable clear statement of purpose and defined objective for the educational program directly related to the practice of a mental health therapist;

(b) ]be relevant to the licensee's professional practice;[

(c) be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the program;]

([d]b) be prepared and presented by individuals who are qualified by education, training, and experience to provide continuing education relevant to the practice of a mental health therapist; and

([e]c) have [associated with it a competent method of registration of individuals who actually completed the professional education program and records of that registration and completion are available for review]a method of verification of attendance and completion.

(5) Credit for [professional]continuing education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for [professional]continuing education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences which meet the criteria listed in Subsection (4) above, and which are approved by, conducted by, or under the sponsorship of universities, colleges or professional associations, societies and organizations representing a licensed profession whose program objectives relate to the practice of mental health therapy;

(b) a maximum of 14 hours per two year period may be recognized for :[teaching in a college or university, teaching qualified continuing professional education courses in the field of mental health therapy, or supervision of an individual completing his experience requirement for licensure in a mental health therapist license classification;]

(i) teaching courses under Subsection (5)(a); or

(ii) supervision of an individual completing the experience requirement for licensure as a mental health therapist;

(c) a maximum of [six]ten hours per two year period may be recognized for clinical readings , internet or distance learning courses directly related to practice as a mental health therapist; and

(d) a maximum of two hours per two year period may be for continuing education from the Division of Occupational and Professional Licensing.

(6) A licensee shall be responsible for maintaining competent records of completed [qualified professional]continuing education for a period of four years[after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to qualified professional education to demonstrate it meets the requirements under this section].

(7) A licensee requesting a waiver of the continuing education requirement must comply with requirements as established by rule in R156-1-308d[who documents he is engaged in full time activities or is subjected to circumstances which prevent that licensee from meeting the continuing professional education requirements established under this section may be excused from the requirement for a period of up to three years; however, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met].

KEY: licensing, therapists, marriage and family therapist

Date of Enactment or Last Substantive Amendment: [ December 24, 2007 ] 2009

Notice of Continuation: August 31, 2009

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-301