DAR File No. 38390

Commerce, Occupational and Professional Licensing

Section R156-60-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 38390
Filed: 04/01/2014 08:02:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is proposing this rule filing to further define an existing license exemption established in Subsection 58-60-107(8). The rule filing is made at the request of the affected mental health licensing boards and professional associations.

Summary of the rule or change:

Subsection R156-60-102(6) is added to define the term "on-the-job training program" as used in Subsection 58-60-107(2)(g). The proposed amendment creates a 45-day exemption applicable to individuals who completed all required coursework for a degree but who do not yet qualify for a license because they are waiting for their school to formally award the degree. The gap between the completion date of a final course of a program and the formal awarding of a degree can sometimes be several weeks. It takes additional time for an individual to mail transcripts to the Division and for the Division to issue a license after receipt of the transcripts. This proposed amendment allows these individuals to continue to legally work under an exemption while they wait to obtain a license for a maximum of 45 days under certain conditions specified in the rule.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-60-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 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. No other cost impact to the Division is anticipated because the exemption if self-executing.

local governments:

The proposed amendments only apply to applicants for licensure in mental health therapy and substance use disorder counseling classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

Many mental health agencies and private practices are small businesses that employ individuals as they transition from being a student to a licensee. These businesses may experience a cost savings under the proposed amendment because it enables individuals to continue therapy or counseling with their clients for up to 45 days after the individual completes their coursework. If a business decides to keep the student on staff after completion of their internship course, businesses will avoid the expense of hiring a new employee to perform the services provided by the student. The Division is not able to quantify this impact due to a wide range of circumstances.

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

Many individuals working in the mental health field transitioning from being a student to a licensee may experience a cost savings because this proposed amendment enables them to continue therapy or counseling with clients for up to 45 days after the individual completes their coursework. It may also increase the likelihood that an internship site will continue to employ an individual after they complete their internship. The Division is not able to quantify this impact due to a wide range of circumstances.

Compliance costs for affected persons:

Many individuals working in the mental health field transitioning from being a student to a licensee may experience a cost savings because this proposed amendment enables them to continue therapy or counseling with clients for up to 45 days after the individual completes their coursework. It may also increase the likelihood that an internship site will continue to employ an individual after they complete their internship. The Division is not able to quantify this impact due to a wide range of circumstances.

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

This filing creates a program under which an individual who has recently completed pre-licensing education can work for a period of up to 45 days while the licensing process is completed. Businesses that wish to employ such an individual might realize a financial benefit from being able to streamline their hiring processes. Such benefits will vary and cannot be estimated.

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
HEBER M WELLS BLDG
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:

05/15/2014

Interested persons may attend a public hearing regarding this rule:

• 04/23/2014 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

05/22/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-60. Mental Health Professional Practice Act Rule.

R156-60-102. 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) "Approved diagnostic and statistical manual for mental disorders" means the following:

(a) Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition: DSM-5 or Fourth Edition: DSM-IV published by the American Psychiatric Association;

(b) 2013 ICD-9-CM for Physicians, Volumes 1 and 2 Professional Edition published by the American Medical Association; or

(c) ICD-10-CM 2013: The Complete Official Draft Code Set published by the American Medical Association.

(2) "Client or patient" means an individual who, when competent requests, or when not competent to request is lawfully provided professional services by a mental health therapist when the mental health therapist agrees verbally or in writing to provide professional services to that individual, or without an overt agreement does in fact provide professional services to that individual.

(3) "Direct supervision" of a supervisee in training, as used in Subsection 58-60-205(1)(f), 58-60-305(1)(f), and 58-60-405(1)(f), means:

(a) a supervisor meeting with the supervisee when both are physically present in the same room at the same time; or

(b) a supervisor meeting with the supervisee remotely via real-time electronic methods that allow for visual and audio interaction between the supervisor and supervisee under the following conditions:

(i) the supervisor and supervisee shall enter into a written supervisory agreement which, at a minimum, establishes the following:

(A) frequency, duration, reason for, and objectives of electronic meetings between the supervisor and supervisee;

(B) a plan to ensure accessibility of the supervisor to the supervisee despite the physical distance between their offices;

(C) a plan to address potential conflicts between clinical recommendations of the supervisor and the representatives of the agency employing the supervisee;

(D) a plan to inform a supervisee's client or patient and employer regarding the supervisee's use of remote supervision;

(E) a plan to comply with the supervisor's duties and responsibilities as established in rule; and

(F) a plan to physically visit the location where the supervisee practices on at least a quarterly basis during the period of supervision or at a lesser frequency as approved by the Division in collaboration with the Board;

(ii) the supervisee submits the supervisory agreement to the Division and obtains approval before counting direct supervision completed via live real-time methods toward the 100 hour direct supervision requirement; and

(iii) in evaluating a supervisory agreement, the Division shall consider whether it adequately protects the health, safety, and welfare of the public.

(4) "Employee" means an individual who is or should be treated as a W-2 employee by the Internal Revenue Service.

(5) "General supervision" means that the supervisor is available for consultation with the supervisee by personal face to face contact, or direct voice contact by telephone, radio, or some other means within a reasonable time consistent with the acts and practices in which the supervisee is engaged.

(6) "On-the-job training program" means a program that:

(a) is applicable to individuals who have completed all courses required for graduation in a degree or formal training program that would qualify for licensure under this chapter;

(b) starts immediately upon completion of all courses required for graduation;

(c) ends 45 days from the date it begins, or upon licensure, whichever is earlier, and may not be extended or used a second time;

(d) is completed while the individual is an employee of a public or private agency engaged in mental health therapy or substance use disorder counseling; and

(e) is under supervision by a qualified individual licensed under this chapter which includes supervision meetings on at least a weekly basis when the supervisee and supervisor are physically present in the same room at the same time.

 

KEY: licensing, mental health, therapists

Date of Enactment or Last Substantive Amendment: [October 22, 2013]2014

Notice of Continuation: July 27, 2009

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-60-101