DAR File No. 39538

Commerce, Occupational and Professional Licensing

Rule R156-60

Mental Health Professional Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 39538
Filed: 07/23/2015 10:43:04 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2015 General Session, H.B. 209 was passed to require that all individuals applying for licensure as a clinical social worker, marriage, and family therapist, clinical mental health counselor, or substance use disorder counselor take at least two hours of suicide prevention training prior to licensure. H.B. 209 also requires that all individuals licensed under Title 58, Chapter 60, take at least two hours of continuing education training in suicide prevention. This proposed rule filing outlines the requirements of the training as required by the statutory language.

Summary of the rule or change:

New Sections R156-60-105 and R156-60-205 are being added. Section R156-60-105 outlines the standards that the required suicide prevention continuing education training shall meet. Section R156-60-205 outlines the standards that the required suicide prevention pre-licensure training shall meet.

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 $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 provided in Title 58, Chapter 60, 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 provided in Title 58, Chapter 60, and applicants for licensure in those classifications. 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:

The proposed amendments apply only to licensees provided in Title 58, Chapter 60, and applicants for licensure in those classifications. The Division does not anticipate any additional costs as a result of these proposed amendments beyond the costs considered in the passing of the H.B. 209 in the 2015 General Session.

Compliance costs for affected persons:

The proposed amendments apply only to licensees provided in Title 58, Chapter 60, and applicants for licensure in those classifications. The Division does not anticipate any additional costs as a result of these proposed amendments beyond the costs considered in the passing of the H.B. 209 in the 2015 General Session.

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

This rule responds to legislative action (H.B. 209, 2015 General Session) which requires that individuals who are licensed to provide mental health therapy and related services complete pre-licensing and continuing education in suicide prevention. All attendant costs to businesses were considered by the Legislature in determining to create the requirement. This rule filing establishes standards for the required education. It does not impose additional costs on affected businesses.

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:

09/14/2015

This rule may become effective on:

09/21/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-60. Mental Health Professional Practice Act Rule.

R156-60-105. Continuing Education.

A licensee, as part of the continuing education requirement, shall complete two hours of suicide prevention training that meets the requirements of this section.

(1) The course provider shall be one of the following:

(a) a recognized accredited college or university;

(b) a county, state, or federal agency; or

(c) a professional association or similar body involved in mental health therapy.

(2) A course provider shall document and verify attendance and completion.

(3) The content of the course shall be relevant to mental health therapy, consistent with the laws of this state, and include one or more of the following components:

(a) suicide concepts and facts;

(b) suicide risk assessment, crisis intervention, and first aid;

(c) evidence-based intervention for suicide risk;

(d) continuity of care and follow-up services for suicide risk; and

(e) therapeutic alliances for intervention in suicide risk.

(4) A licensee shall be responsible for maintaining competent records of completed education for a period of four years following the date of completion.

(5) Each hour of education shall consist of 50 minutes of education in the form of classroom lectures and discussion, workshops, webinars, online self-paced modules, case study review, and simulations.

(6) Licensees who lecture in continuing education courses meeting these requirements shall receive two hours of continuing education for each hour spent lecturing. However, no continuing education credit will be given for participation in a panel discussion.

 

R156-60-205. Qualifications for Licensure as a Clinical Social Worker, Marriage and Family Therapist, Clinical Mental Health Counselor, or Substance Use Disorder Counselor.

The two-hour pre-licensure suicide prevention course required by Subsections 58-60-205(1)(e)(iii), 58-60-305(1)(e)(iv), 58-60-405(1)(e)(iv), and 58-60-506(5)(b)(ii) shall meet the following standards:

(1) The course provider shall meet the requirements of this section and shall be one of the following:

(a) a recognized accredited college or university;

(b) a county, state, or federal agency; or

(c) a professional association or similar body involved in mental health therapy.

(2) The content of the course shall be relevant to mental health therapy, suicide prevention, consistent with the laws of this state, and include one or more of the following components:

(a) suicide concepts and facts;

(b) suicide risk assessment, crisis intervention, and first aid;

(c) evidence-based intervention for suicide risk;

(d) continuity of care and follow-up services for suicide risk; and

(e) therapeutic alliances for intervention in suicide risk.

(3) Each hour of education shall consist of 50 minutes of education in the form of classroom lectures and discussion, workshops, webinars, online self-paced modules, case study review, and simulations.

(4) A course provider shall document and verify attendance and completion.

(5) An applicant for licensure is responsible for submitting evidence of course completion to the Division as a prerequisite for licensure.

 

KEY: licensing, mental health, therapists

Date of Enactment or Last Substantive Amendment: [May 22, 2014]2015

Notice of Continuation: April 8, 2014

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