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[Utah Administrative Code Table of Contents]
[Title R156. Table of Contents]
R156-60b-101 Title.
These rules are known as the "Marriage and Family Therapist Licensing Act Rules".
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 these rules:
(1) "AAMFT" means the American Association for Marriage and Family Therapy.
(2) "Candidacy status by the COAMFTE" means that an education program leading to an earned master's or doctor's degree in marriage and family therapy has been formally recognized by COAMFTE as a candidate for accreditation.
(3) "COAMFTE" means the Commission on Accreditation for Marriage and Family Therapy Education.
(4) "Face to face supervision", as used in Subsection 58-60-305 (6), means one to one supervision between the supervisor and the supervisee or group supervision between the supervisor and up to two supervisees. During group supervision, one and a half hours is equivalent to one clock hour of supervision.
(5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 60, is further defined, in accordance with Subsection 58-1-203 (5), in Section R156-60b-502.
R156-60b-103 Authority - Purpose.
These rules are adopted by the division under the authority of Subsection 58-1-106 (1) to enable the division to administer Title 58, Chapter 60, Part 3.
R156-60b-104 Organization - Relationship to R156-1.
The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.
R156-60b-302a Qualifications for Licensure - Education Requirements.
(1) An institution or program of higher education qualifying an applicant for licensure as a marriage and family therapist, to be recognized or approved by the division in collaboration with the board under Subsections 58-60-305 (4)(a) and (c), shall be a marriage and family therapy education program accredited by or in candidacy status by the COAMFTE at the time the applicant received the required earned degree.
(2) An earned doctorate or master's degree in a field of education emphasizing human behavioral studies and skill in therapy or counseling qualifying an applicant for licensure as a marriage and family therapist under Subsections 58-60-305 (4)(b) and (d), shall:
(a) be an institution which is 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; and
(b) include successful completion of the following graduate level course work and a clinical practicum:
(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;
(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/three quarter hours in professional ethics;
(e) three semester hours/three quarter hours in research methodology and data analysis;
(f) three semester hours/three quarter hours in electives in marriage and family therapy; and
(g) a clinical practicum of not less than 500 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.
(3) An earned doctorate or master's degree in a field of religious study with a documented emphasis in marriage and family therapy qualifying an applicant for licensure as a marriage and family therapist under Subsection 58-60-305 (4)(e), shall meet the requirements set forth under Subsections (2)(a) through (g).
R156-60b-302b Qualifications for Licensure - Experience Requirements.
(1) Pursuant to Subsections 58-60-305 (5) and (6), an applicant shall complete marriage and family therapy and mental health therapy training consisting of a minimum of 4,000 hours 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 a program of supervision by a marriage and family therapist meeting the requirements under Sections R156-60b-302d and R156-60b-302e;
(d) in accordance with Subsection 58-60-305 (6), include a minimum of 500 hours in conjoint, couple or family therapy; and
(e) 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 (5) and (6), and Subsection R156-60b-302b(1). The applicant shall have the burden of demonstrating by evidence satisfactory to the division and board that the training completed outside the state is equivalent to and in all respects meets the requirements under this subsection.
R156-60b-302c Qualifications for Licensure - Examination Requirements.
An applicant for licensure as a marriage and family therapist under Subsection 58-60-305 (7) must pass the Examination of Marital and Family Therapy written for the Association of Marital and Family Therapy Regulatory Boards.
R156-60b-302d Qualifications to be a Marriage and Family Therapist Training Supervisor and Mental Health Therapist Training Supervisor.
To be qualified as a supervisor of marriage and family therapist and mental health therapy training required under Subsections 58-60-305 (5) and (6), an individual shall:
(1) be currently approved by AAMFT as a marriage and family therapist supervisor; or
(2) be currently licensed or certified in good standing as a marriage and family therapist in the state in which the supervised training is being performed; and meet the following requirements:
(a) have lawfully engaged in the practice of mental health therapy for not less that 4,000 hours in a period of not less than two years;
(b) have successfully completed 30 clock hours of instruction approved by the division in collaboration with the board in the theory, practice, and process of supervision; and
(c) have successfully completed 36 clock hours of training related to the practice of supervision under the direction of a qualified marriage and family therapist training supervisor.
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 as follows:
(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 division;
(7) supervise only a supervisee who is an employee of a public or private mental health agency;
(8) submit appropriate documentation to the 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; and
(10) supervise not more than three supervisees at any given time unless approved by the board and division.
R156-60b-303 Renewal Cycle - Procedures.
(1) In accordance with Subsection 58-1-308 (1), the renewal date for the two-year renewal cycle applicable to licenses under Title 58, Chapter 60, is established by rule in Section R156-1-308.
(2) Renewal procedures shall be in accordance with Section R156-1-308.
R156-60b-304 Continuing Education.
(1) There is hereby established a continuing professional education requirement for all individuals licensed under Title 58, Chapter 60, Part 3, as a marriage and family therapist.
(2) During each two year period commencing September 30th of each even numbered year, a marriage and family therapist shall be required to complete not less than 40 hours of qualified professional education directly related to the licensee's professional practice.
(3) The required number of hours of professional 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.
(4) Qualified professional education under this section shall:
(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the practice of a mental health therapist;
(b) be relevant to the licensee's professional practice;
(c) be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the program;
(d) be prepared and presented by individuals who are qualified by education, training, and experience; and
(e) have associated with it a competent method of registration of individuals who actually completed the professional education program and records of that registration and completion are available for review.
(5) Credit for professional education shall be recognized in accordance with the following:
(a) unlimited hours shall be recognized for professional education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, or conferences;
(b) a maximum of 14 hours per two year period may be recognized for teaching in a college or university, teaching qualified continuing professional education courses in the field of mental health therapy, or supervision of an individual completing his experience requirement for licensure in a mental health therapist license classification;
(c) a maximum of six hours per two year period may be recognized for clinical readings directly related to practice as a mental health therapist;
(6) A licensee shall be responsible for maintaining competent records of completed qualified professional education for a period of 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 qualified professional education to demonstrate it meets the requirements under this section.
(7) A licensee who documents he is engaged in full time activities or is subjected to circumstances which prevent that licensee from meeting the continuing professional 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.
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 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 board, establish a plan of supervision under an approved supervisor which may include up to 4000 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 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;
(10) 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 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) physical contact with a client when there is a risk of exploitation or potential harm to the client resulting from the contact;
(12) 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) 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) exploiting a client for personal gain;
(15) 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) 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) 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) failure to cooperate with the Division during an investigation;
(19) failure to abide by the provisions of the Model Code of Ethics for Marriage and Family Therapists as adopted by the American Association of Marriage and Family Therapy Regulatory Boards (AAMFTRB) effective October 7, 1993, which is adopted and incorporated by reference; and
(20) failure to abide by the provisions of the Code of Ethics of the American Association for Marriage and Family Therapy (AAMFT) as adopted by the AAMFT effective August 1, 1991, which is adopted and incorporated by reference.
[Indexing]
KEY: licensing, therapists, marriage and family therapist*
November 8, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
58-1-106
(1)
58-1-202
(1)
58-60-301
Notice of Continuation November 15, 1999
