No. 33735 (Amendment): Rule R156-60b. Marriage and Family Therapist Licensing Act Rule

(Amendment)

DAR File No.: 33735
Filed: 06/14/2010 04:36:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Marriage and Family Therapy Licensing Board reviewed the rule and determined that changes need to be made to the definition of unprofessional conduct. The changes make the definition of unprofessional conduct more consistent with the standards in the Code of Ethics of the American Association of Marriage and Family Therapy (AAMFT). In addition, the current rule requires completion of four and one half quarter hours of course work in subjects such as ethics, research methodology and data analysis, and electives. Quarter hours are rarely earned in quantities of half credits and a three semester credit hour course is substantially equivalent to a four quarter credit hour course. For this reason, the Division and Board recommend that the number of quarter hours required in these subjects be decreased from four and one half to four. The filing also makes minor corrections such as adding commas and capitalizing the terms "division" and "board".

Summary of the rule or change:

Throughout the rule, the terms "division" and "board" are capitalized and commas are added to numerical numbers where appropriate. In Section R156-60b-302a, the current rule requires completion of four and one half quarter hours of course work in subjects such as ethics, research methodology and data analysis, and electives. Quarter hours are rarely earned in quantities of half credits and a three semester credit hour course is substantially equivalent to a four quarter credit hour course. The proposed amendment decreases the number of quarter hours required in these subjects from four and one half to four. In Section R156-60b-502, the current rule sets a two-year time frame from the date of termination of services with a client within which a therapist is prohibited from engaging in sexual activity with the client. Sexual activity with a client could still qualify as "unprofessional conduct" after two years beyond the date of termination of services; however, such a finding would require the Division to prove that the client was "especially vulnerable or susceptible to being disadvantaged". The Board and Division believe that proving a client is "especially vulnerable or susceptible to being disadvantaged" is nearly impossible unless the client is willing to admit to it. For this reason, the proposed amendment changes the rule such that it is unprofessional conduct to fail to maintain professional boundaries with a client beyond two years after the termination of therapy unless the therapist is able to "demonstrate that there has been no exploitation or injury to the client or to the client's immediate family". The change makes the rule consistent with standards established in the Code of Ethics of the American Association of Marriage and Family Therapy (AAMFT). The current rule also fails to attach a time frame within which a therapist's failure to maintain professional boundaries with a client constitutes unprofessional conduct. The proposed rule sets a two-year time frame unless the therapist is able to provide that there is no exploitation or injury to the client or to the client's family. The remaining subsections have been 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 $50 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. If a public college or university in Utah used a quarter credit system, they would possibly see a minor loss in revenue from the decreased number of quarter hours required for professional ethics, research methodology and data analysis, and electives in marriage and family therapy. However, it is noted that no public colleges or universities in Utah with marriage and family therapy programs use a quarter system.

local governments:

The proposed amendments only apply to licensed 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 only apply to licensed marriage and family therapists and applicants for licensure in that classification. 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 only apply to licensed marriage and family therapists and applicants for licensure in that classification. Due to the decrease in the number of quarter hours required in certain subjects from four and one half to four, applicants for licensure as a marriage and family therapist will save money in education costs. Any exact amount of savings is unable to be determined due to a wide degree of circumstances. Private colleges and universities that use a quarter hour system may see a minor loss in revenue from the decreased number of quarter hours required for professional ethics, research methodology and data analysis, and electives in marriage and family therapy. Any aggregate impact of tuition lost cannot be estimated.

Compliance costs for affected persons:

The proposed amendments only apply to licensed marriage and family therapists and applicants for licensure in that classification. Due to the decrease in the number of quarter hours required in certain subjects from four and one half to four, applicants for licensure as a marriage and family therapist will save money in education costs. Any exact amount of savings is unable to be determined due to a wide degree of circumstances. Private colleges and universities that use a quarter hour system may see a minor loss in revenue from the decreased number of quarter hours required for professional ethics, research methodology and data analysis, and electives in marriage and family therapy. Any exact amount of tuition losses cannot be estimated.

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

In accordance with industry standards, this rule filing clarifies the definition of unprofessional conduct as it relates to relationships with clients after termination of services, eliminates the half-credit hour reference in certain required subjects, and makes other technical amendments. Applicants for licensure as a marriage and family therapist should see a cost savings as a result of this credit-hour change.

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
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 [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:

08/02/2010

Interested persons may attend a public hearing regarding this rule:

• 07/20/2010 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464, Salt Lake City, UT

This rule may become effective on:

08/09/2010

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-60b. Marriage and Family Therapist Licensing Act Rule.

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

(1) Pursuant to Subsection 58-60-305(1)(d), an applicant applying for licensure as a marriage and family therapist shall:

(a) produce certified transcripts evidencing completion of a master's or doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy at the time the applicant obtained the education; or

(b)(i) produce certified transcripts evidencing completion of a master's degree in marriage and family therapy from a program accredited by a professional accrediting body approved by the Council for Higher Education Accreditation of the American Council on Education at the time the applicant obtained the education.

(ii) A program under Subsection (1)(b)(i) shall include the following:

(A) six semester hours/nine quarter hours of course work in theoretical foundations of marital and family therapy;

(B) nine semester hours/12 quarter hours of course work in assessment and treatment in marriage and family therapy, including Diagnostic Statistical Manual (DSM);

(C) six semester hours/nine quarter hours of course work in human development and family studies which include ethnic minority issues, and gender issues including sexuality, sexual functioning, and sexual identity;

(D) three semester hours/four [and one-half] quarter hours in professional ethics;

(E) three semester hours/four [and one-half] quarter hours in research methodology and data analysis;

(F) three semester hours/four [and one-half] quarter hours in electives in marriage and family therapy; and

(G) a clinical practicum of not fewer than 600 hours which includes not fewer than 100 hours of face to face supervision and not fewer than 500 direct contact hours of face to face supervised clinical practice of which not less than 250 hours shall be with couples or families who are physically present in the therapy room.

 

R156-60b-302b. Qualifications for Licensure - Experience Requirements.

(1) Pursuant to Subsections 58-60-305(1)(e) and (f), an applicant shall complete marriage and family therapy and mental health therapy training consisting of a minimum of 4,000 hours of supervised training which shall:

(a) be completed in not less than two years;

(b) be completed while the applicant is an employee of a public or private agency engaged in mental health therapy;

(c) be completed under the supervision of a marriage and family therapist supervisor meeting the requirements under Section 58-60-307;

(d) include at least 100 hours of clinical face to face supervision spread uniformly throughout the training period;

(e) in accordance with Subsection 58-60-305(1)(f), include a minimum of 1 ,000 hours of mental health therapy of which at least 500 hours are in couple or family therapy with two or more clients present; and

(f) hours completed in a group therapy session may count only if the supervisee functions as the primary therapist.

(2) An applicant for licensure as a marriage and family therapist, who is not seeking licensure by endorsement based upon licensure in another jurisdiction, who has completed all or part of the marriage and family therapy training requirements outside the state, may receive credit for that training completed outside of the state if it is demonstrated by the applicant that the training completed outside the state is equivalent to and in all respects meets the requirements for training under Subsections 58-60-305(1)(e) and (f), and Subsection R156-60b-302b(1). The applicant shall have the burden of demonstrating by evidence satisfactory to the [d]Division and [b]Board that the training completed outside the state is equivalent to and in all respects meets the requirements under this subsection.

 

R156-60b-302e. Duties and Responsibilities of a Supervisor of Marriage and Family Therapist and Mental Health Therapy Training.

The duties and responsibilities of a marriage and family therapist supervisor are further defined, clarified or established to provide the supervisor shall:

(1) be professionally responsible for the acts and practices of the supervisee which are a part of the required supervised training;

(2) be engaged in a relationship with the supervisee in which the supervisor is independent from control by the supervisee and in which the ability of the supervisor to supervise and direct the practice of the supervisee is not compromised;

(3) be available for advice, consultation, and direction consistent with the standards and ethics of the profession and the requirements suggested by the total circumstances including the supervisee's level of training, diagnosis of patients, and other factors known to the supervisee and supervisor;

(4) provide periodic review of the client records assigned to the supervisee;

(5) comply with the confidentiality requirements of Section 58-60-114;

(6) monitor the performance of the supervisee for compliance with laws, standards, and ethics applicable to the practice of marriage and family therapy and report violations to the [d]Division;

(7) supervise only a supervisee who is an employee of a public or private mental health agency;

(8) submit appropriate documentation to the [d]Division with respect to all work completed by the supervisee evidencing the performance of the supervisee during the period of supervised marriage and family therapist training and mental health therapist training, including the supervisor's evaluation of the supervisee's competence in the practice of marriage and family therapy and mental health therapy;

(9) complete four hours of the required 40 hours of continuing professional education directly related to marriage and family therapy supervisor training in each two year continuing professional education period established;

(10) supervise not more than three supervisees at any given time unless approved by the [b]Board and [d]Division;

(11) provide at least one hour of face to face supervision for each ten hours of client contact by the supervisee.

 

R156-60b-306. License Reinstatement - Requirements.

An applicant for reinstatement of his license after two years following expiration of that license shall be required to meet the following reinstatement requirements:

(1) upon request, meet with the [b]Board for the purpose of evaluating the applicant's current ability to engage safely and competently in practice as a marriage and family therapist and to make a determination of any additional education, experience or examination requirements which will be required before reinstatement;

(2) upon the recommendation of the [b]Board, establish a plan of supervision under an approved supervisor which may include up to 4 ,000 hours of marriage and family therapy and mental health therapy training as a marriage and family therapist-temporary;

(3) pass the Examination of Marital and Family Therapy of the American Association for Marriage and Family Therapists if it is determined by the [b]Board that current taking and passing of the examination is necessary to demonstrate the applicant's ability to engage safely and competently in practice as a marriage and family therapist; and

(4) complete a minimum of 40 hours of professional education in subjects determined by the board as necessary to ensure the applicant's ability to engage safely and competently in practice as a marriage and family therapist.

 

R156-60b-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) acting as a supervisor or accepting supervision of a supervisor without complying with or ensuring the compliance with the requirements of Sections R156-60b-302d and R156-60b-302e;

(2) engaging in the supervised practice of mental health therapy when not in compliance with Subsections R156-60b-302b;

(3) engaging in and aiding or abetting conduct or practices which are dishonest, deceptive or fraudulent;

(4) engaging in or aiding or abetting deceptive or fraudulent billing practices;[

(5) failing to establish and maintain appropriate professional boundaries with a client or former client;

(6) engaging in dual or multiple relationships with a client or former client in which there is a risk of exploitation or potential harm to the client;

(7) engaging in sexual activities or sexual contact with a client with or without client consent;

(8) engaging in sexual activities or sexual contact with a former client within two years of documented termination of services;

(9) engaging in sexual activities or sexual contact at any time with a former client who is especially vulnerable or susceptible to being disadvantaged because of the client's personal history, current mental status, or any condition which could reasonably be expected to place the client at a disadvantage recognizing the power imbalance which exists or may exist between the marriage and family therapist and the client;]

(5) failing to maintain professional boundaries with a client within two years after the formal termination of therapy or last professional contact, with or without client consent, including engaging in any of the following:

(a) dual or multiple relationships; or

(b) romantic, intimate or sexual relationship;

(6) if engaging in any activity or relationship referenced in Subsection (5) with a client after two years following the formal termination of therapy or last professional contact, failing to demonstrate that there has been no exploitation or injury to the client or to the client's immediate family;

([10]7) engaging in sexual activities or sexual contact with client's relatives or other individuals with whom the client maintains a relationship when that individual is especially vulnerable or susceptible to being disadvantaged because of [his]the personal history, current mental status, or any condition which could reasonably be expected to place that individual at a disadvantage recognizing the power imbalance which exists or may exist between the marriage and family therapist and that individual;

([11]8) physical contact with a client when there is a risk of exploitation or potential harm to the client resulting from the contact;

([12]9) engaging in or aiding or abetting sexual harassment or any conduct which is exploitive or abusive with respect to a student, trainee, employee, or colleague with whom the licensee has supervisory or management responsibility;

([13]10) failing to render impartial, objective, and informed services, recommendations or opinions with respect to custodial or parental rights, divorce, domestic relationships, adoptions, sanity, competency, mental health or any other determination concerning an individual's civil or legal rights;

([14]11) exploiting a client for personal gain;

([15]12) use of a professional client relationship to exploit a person that is known to have a personal relationship with a client for personal gain;

([16]13) failing to maintain appropriate client records for a period of not less than ten years from the documented termination of services to the client;

([17]14) failing to obtain informed consent from the client or legal guardian before taping, recording or permitting third party observations of client care or records;

([18]15) failure to cooperate with the Division during an investigation; and

([19]16) failure to abide by provisions 1 to 8.8 of the Code of Ethics of the American Association for Marriage and Family Therapy (AAMFT) as adopted by the AAMFT effective July 1, 2001, which is adopted and incorporated by reference.

 

KEY: licensing, therapists, marriage and family therapist

Date of Enactment or Last Substantive Amendment: [November 16, 2009]2010

Notice of Continuation: August 31, 2009

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

 

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