No. 39911 (Amendment): Rule R156-60c. Clinical Mental Health Counselor Licensing Act Rule

(Amendment)

DAR File No.: 39911
Filed: 11/03/2015 05:13:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Clinical Mental Health Counselor Licensing Board are proposing amendments 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. Additionally, this filing amends the educational requirements for licensure to provide clarity and uniformity with the terms already used within the industry.

Summary of the rule or change:

In Section R156-60c-102, definition of "deficiency" is being added. In Section R156-60c-302a, the proposed amendments provide clarity and uniformity with the terms already used within the industry.

State statutory or constitutional authorization for this rule:

• Section 58-60-401
• 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 $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 licensed clinical mental health counselors 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 clinical mental health counselors 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 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 Subsection R156-60c-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). No fiscal impact to small business is anticipated related to the amended educational requirements for licensure.

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

The proposed amendments apply to licensed clinical mental health counselors 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 Subsection R156-60c-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). No fiscal impact to other persons is anticipated related to t he amended educational requirements for licensure.

Compliance costs for affected persons:

The proposed amendments apply to licensed clinical mental health counselors 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 Subsection R156-60c-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 No fiscal impact to affected persons is anticipated related to the amended educational requirements for licensure.

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), and amends rule language to provide clarity and uniformity with industry terms. 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 [e-mail]

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:

• 12/02/2015 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475, Salt Lake City, UT

This rule may become effective on:

01/07/2016

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

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

R156-60c-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) "Deficiency", as used in Subsection 58-60-117(1)(d), means:

(a) no more than a combined total of six semester or nine quarter hours in:

(i) group counseling and group work;

(ii) human growth and development;

(iii) career development;

(iv) substance-related and addictive disorders; and

(v) research and program evaluation.

([1]2) "Internship" means:

(a) one or more courses completed as part of a program at an accredited school:

(i) in a public or private agency engaged in the clinical practice of mental health therapy as defined in Subsection 58-60-102(7); and

(ii) under supervision provided by a qualified mental health training supervisor as defined in Section R156-60c-401.

([2]3) "Practicum" means:

(a) one or more courses completed as part of a program at an accredited school:

(i) in a public or private agency engaged in the clinical practice of mental health therapy as defined in Subsection 58-60-102(7); and

(ii) under supervision provided by a qualified mental health training supervisor as defined in Section R156-60c-401.

([3]4) "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 R156-60c-502.

 

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

(1) Pursuant to Subsection 58-60-405(1)(d)(i), an applicant for licensure as a clinical mental health counselor shall:

(a) produce certified transcripts evidencing completion of at least 60 semester or 90 quarter credit hours completed as part of a master's or doctorate degree conferred to the applicant in clinical mental health counseling or counselor education and supervision from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP); or

(b)(i) produce certified transcripts evidencing completion of at least 60 semester or 90 quarter credit hours as part of a master's or doctorate degree conferred to the applicant in clinical mental health counseling or an equivalent field from a program affiliated with an institution that has accreditation that is recognized by the Council for Higher Education Accreditation (CHEA).

(ii) A program under Subsection (1)(b)(i) shall include the following graduate level course work:

(A) a minimum of two semester or three quarter hours in professional counseling orientation and ethical practice based on the standards of the American Counseling Association (ACA), American Mental Health Counselors Association (AMHCA), or National Board of Certified Counselors (NBCC);

(B) a minimum of two semester or three quarter hours in social and cultural diversity;

(C) a minimum of two semester or three quarter hours in group counseling and group work;

(D) a minimum of two semester or three quarter hours in human growth and development[across the life span];

(E) a minimum of two semester or three quarter hours in career development;

(F) a minimum of six semester or eight quarter hours in counseling and helping relationships[including theory and skills in counseling and psychotherapy with individuals, couples or families];

(G) a minimum of two semester or three quarter hours in substance-related and addictive [use ]disorders[or addictive or compulsive behaviors];

(H) a minimum of two semester or three quarter hours in assessment and testing[psychometric test and measurement theory];

(I) a minimum of four semester or six quarter hours in [assessment of ]mental status examination and[including] the appraisal of DSM maladaptive and psychopathological behavior;

(J) a minimum of two semester or three quarter hours in research and program evaluation[in clinical mental health counseling];

(K) a minimum of four semester or six quarter hours of internship or practicum as defined in Subsection R156-60c-102(1) or (2) that includes combined completion of at least 1,000 hours of supervised clinical training of which at least 400 hours shall be in providing clinical mental health [therapy]counseling directly to clients as defined in Subsection 58-60-102(7);and

(L) a minimum of 34 semester or 52 quarter hours of course work related to the practice of counseling of which no more than six semester or eight quarter hours of credit for thesis, dissertation or project hours shall be counted toward the required hours in this subsection.

 

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

Date of Enactment or Last Substantive Amendment: [September 28, 2015]2016

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)

 

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