DAR File No. 39924

Commerce, Occupational and Professional Licensing

Section R156-60b-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 39924
Filed: 11/09/2015 10:36:45 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Marriage and Family Therapist Licensing Board are proposing an amendment to codify the definition of deficiency in relationship to issuing an externship license. During the 2015 General Session, H.B. 52 passed and amended the Mental Health Professional Practice Act to allow the Division to define deficiency in this context.

Summary of the rule or change:

In Section R156-60b-102, definition of "deficiency" is being added. The remaining subsections are renumbered.

State statutory or constitutional authorization for this rule:

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

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 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 apply to licensed marriage and family therapists and applicants for licensure in that classification. In accordance with H.B. 52 (2015), the new statutory language added clarification to the qualifications for externship licenses. The proposed rule amendments may impact individuals that may have qualified for an externship license under the prior undefined deficiency in course work requirement. These individuals may see a fiscal impact because they will not be able to legally work in the field while correcting the deficiency. Additionally, the individuals that do not meet the proposed deficiency in course work definition may have to obtain an additional degree that meets the standards outlined in Section R156-60b-302a. The number of individuals that this may affect cannot be quantified by the Division. The impacts are not more than those anticipated in the passage of H.B. 52 (2015).

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

The proposed amendments apply to licensed marriage and family therapists and applicants for licensure in that classification. In accordance with H.B. 52 (2015), the new statute language added clarification to the qualifications for externship license approval. The proposed rule amendments may impact individuals that may have qualified for an externship license under the prior undefined deficiency in course work requirement. These individuals may see a fiscal impact because they will not be able to legally work in the field while correcting the deficiency. Additionally, the individuals that do not meet the proposed deficiency in course work definition may have to obtain an additional degree that meets the standards outlined in Section R156-60b-302a. The number of individuals that this may affect cannot be quantified by the Division. The impacts are not more than those anticipated in the passage of H.B. 52 (2015).

Compliance costs for affected persons:

The proposed amendments apply to licensed marriage and family therapists and applicants for licensure in that classification. In accordance with H.B. 52 (2015), the new statute language added clarification to the qualifications for externship license approval. The proposed rule amendments may impact individuals that may have qualified for an externship license under the prior undefined deficiency in course work requirement. These individuals may see a fiscal impact because they will not be able to legally work in the field while correcting the deficiency. Additionally, the individuals that do not meet the proposed deficiency in course work definition may have to obtain an additional degree that meets the standards outlined in Section R156-60b-302a. The number of individuals that this may affect cannot be quantified by the Division. The impacts are not more than those anticipated in the passage of H.B. 52 (2015).

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

As stated in the rule analysis, this rule adds a definition for "deficiency" as used in the recently amended Subsection 58-60-117(1)(d). This rule change may impact some businesses that employ people that previously qualified for externship licenses under the undefined "deficiency in coursework" requirement, but now do not qualify, now that the "deficiency in coursework requirement" is defined. These impacts were anticipated when the statute was amended in the previous legislative session, and do not outweigh the benefit of defining the "deficiency in coursework" requirement.

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:

12/31/2015

Interested persons may attend a public hearing regarding this rule:

• 12/11/2015 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

01/07/2016

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) "Deficiency", as used in Subsection 58-60-117(1)(d), means no more than a combined total of six semester or eight quarter hours in:

(a) theoretical foundations of marital and family therapy;

(b) assessment and treatment in marriage and family therapy, including Diagnostic Statistical Manual (DSM);

(c) human development and family studies which include ethnic minority issues, and gender issues including sexuality, sexual functioning, and sexual identity;

(d) research methodology and data analysis; and

(e) electives in marriage and family therapy.

([2]3) "Directly related to marriage and family therapy", as used in R156-60b-304(2)(a), means that the continuing education course meets at least one of the following criteria:

(a) approved by an international, national, or state marriage and family therapy association, national or state marriage and family therapy regulatory board, or a COAMFTE accredited program; or

(b) title, objective, or official description of the course indicates instruction on relationships, couples, or families.

([3]4) "Face to face supervision" as described in Subsection R156-60b-302a(1)(b)(ii)(G) includes both individual and group supervision.

([4]5) "Group supervision" means supervision between the supervisor and no more than three supervisees, unless preapproved by the Board.

([5]6) "Individual supervision" means supervision between the supervisor and one or two supervisees.

([6]7) "Practicum", as used in R156-60b-302a(1)(b)(ii)(G) means a clinical program of training at an accredited school under general supervision in a setting other than a student's private practice.

([7]8) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 60, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-60b-502.

 

KEY: licensing, therapists, marriage and family therapist

Date of Enactment or Last Substantive Amendment: [December 23, 2013]2016

Notice of Continuation: August 5, 2014

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