DAR File No. 39519

This rule was published in the August 15, 2015, issue (Vol. 2015, No. 16) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Rule R156-60c

Clinical Mental Health Counselor Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 39519
Filed: 07/16/2015 02:29:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Clinical Mental Health Counselor Licensing Board reviewed this rule and determined the following changes need to be made. The purpose of this filing is to: 1) allow licensees to roll over up to 10 hours of continuing education; and 2) remove the National Counseling Examination of the National Board for Certified Counselors as a requirement for licensure. The Board determined that the National Clinical Mental Counseling Examination of the National Board for Certified Counselors adequately evaluates an applicant's knowledge and two examinations are not needed.

Summary of the rule or change:

In Section R156-60c-302c, the National Counseling Examination of the National Board for Certified Counselors is removed as a requirement for licensure. In Section R156-60c-304, amendments allow a licensee to use up to 10 hours of excess continuing education hours in the next two-year renewal cycle. Also, new language clarifies that education completed prior to receiving a Utah license may not be used to satisfy the continuing education requirements.

State statutory or constitutional authorization for this rule:

  • Subsection 58-1-202(1)(a)
  • Section 58-60-401
  • Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 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 apply only to licensees in Title 58, Chapter 60, Part 4, the Clinical Mental Health Counselor Licensing Act, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply only to licensees in Title 58, Chapter 60, Part 4, the Clinical Mental Health Counselor Licensing Act, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to small businesses.

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

The proposed amendments should have no increased compliance cost or impact for clinical mental health counselors or associate clinical mental health counselors. Due to the addition of the ability of licensees to carry over up to 10 hours of excess continuing education hours, there may be a cost saving to a licensee because the licensee may save costs by not having to take additional continuing education courses in a particular two-year renewal period. Due to a wide range of circumstances with respect to obtaining continuing education hours, these savings cannot be estimated. It should also be noted that applicants for licensure as a clinical mental health counselor will also save an examination fee of $195 by not being required to take a second national examination. No fiscal impact to any other persons is anticipated.

Compliance costs for affected persons:

The proposed amendments should have no increased compliance cost or impact for clinical mental health counselors or associate clinical mental health counselors. Due to the addition of the ability of licensees to carry over up to 10 hours of excess continuing education hours, there may be a cost saving to a licensee because the licensee may save costs by not having to take additional continuing education courses in a particular two-year renewal period. Due to a wide range of circumstances with respect to obtaining continuing education hours, these savings cannot be estimated. It should also be noted that applicants for licensure as a clinical mental health counselor will also save an examination fee of $195 by not being required to take a second national examination.

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

This filing modifies the clinical mental health counselor and associate clinical mental health counselor continuing education requirement so as to allow excess hours that are completed in one licensing period to count toward the subsequent licensing period. In addition, the filing eliminates a license examination that the Clinical Mental Health Counselors Licensing Board considers unnecessary. It is anticipated that individuals applying for licensure and license renewal will experience savings from this reduced regulation. No fiscal impact to businesses is anticipated.

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:

  • Dane Ishihara at the above address, by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@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:

09/16/2015

Interested persons may attend a public hearing regarding this rule:

  • 09/15/2015 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

09/23/2015

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-60c. Clinical Mental Health Counselor Licensing Act Rule.

R156-60c-302c. Qualifications for Licensure - Examination Requirements.

[(1) ]Under Subsection 58-60-405(1)(g), an applicant for licensure as a clinical mental health counselor [must]shall pass the [following examinations:

(a) the National Counseling Examination of the National Board for Certified Counselors; and

(b) the ]National Clinical Mental Health Counseling Examination of the National Board for Certified Counselors.

 

R156-60c-304. Continuing Education.

(1) There is hereby established a continuing education requirement for all individuals licensed under Title 58, Chapter 60, Part 4, as a clinical mental health counselor and [licensed ]associate clinical mental health counselor.

(2) During each two year period commencing October 1st of each even numbered year, a clinical mental health counselor or licensed associate clinical mental health counselor shall complete at least [be required to complete not fewer than ]40 hours of continuing education directly related to the licensee's professional practice of which at least[a minimum of] six hours shall[must] be [completed ]in ethics/law.

(3) The required number of hours of 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]proportionally, according to the date of licensure.

(4) Continuing education under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience to provide continuing education regarding clinical mental health counseling; and

(c) [have a method of verification of]document and verify attendance and completion.

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

(a) unlimited hours shall be recognized for continuing education completed in blocks of time of [not less than]at least one hour in formally established classroom courses, seminars, or conferences;

(b) a maximum of 10 hours per two year period may be recognized for teaching in a college or university, teaching qualified continuing education courses in the field of clinical mental health counseling, or [supervision]supervising of an individual completing [his]the experience requirement for licensure in a mental health therapist license classification; and

(c) a maximum of 10 hours per two year period may be recognized for distance learning, clinical readings, or internet-based courses directly related to practice as a clinical mental health counselor [unless]or as otherwise approved by the Division.

(6) A licensee shall be responsible for maintaining competent records of completed continuing education for [a period of]at least 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 continuing education to demonstrate it meets the requirements under this section.

(7) A licensee who documents [he is]having engaged in full-time activities or is subjected to circumstances [which]that prevent [that]the licensee from meeting the continuing 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.

(8) If a licensee completes more than the required number of continuing education hours during a two-year renewal cycle specified in Subsection (2), up to ten hours of the excess may be carried over to the next two-year renewal cycle.

(9) No education received prior to licensure in Utah may be used towards the continuing education requirements of Subsection (2).

 

KEY: licensing, counselors, mental health, clinical mental health counselor

Date of Enactment or Last Substantive Amendment: [November 13, 2012]2015

Notice of Continuation: December 9, 2014

Authorizing, and Implemented or Interpreted Law: 58-60-401; 58-1-106(1)(a); 58-1-202(1)(a)

 


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact Dane Ishihara at the above address, by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.