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[Utah Code Table of Contents]
[TITLE 62a. Table of Contents]
62A-13-101 Title.
This chapter is known as the "Mental Health Therapist
Grant and Scholarship Program."
1994
62A-13-102 Definitions.
As used in this chapter:
(1) "Applicant" means a person who meets the application requirements established by the committee for a grant or a scholarship under this chapter.
(2) "Educational expenses" are tuition, fees, books, supplies, educational equipment and material, and reasonable living expenses.
(3) "Medically underserved rural area" means a county, city, town, or other service area with a population of less than 99 people per square mile and designated by the committee as underserved by mental health therapists.
(4) "Mental health therapist" means an individual exempt from licensure under Subsection 58-1-307 (1)(c) or licensed under Title 58, Occupations and Professions, as a:
(a) physician and surgeon, or osteopathic physician engaged in the practice of mental health therapy;
(b) registered psychiatric mental health nurse specialist;
(c) psychologist qualified to engage in the practice of mental health therapy;
(d) certified psychology resident;
(e) clinical social worker;
(f) certified social worker;
(g) marriage and family therapist;
(h) certified marriage and family therapist intern;
(i) professional counselor; or
(j) certified professional counselor intern.
(5) "Practice of mental health therapy" means treatment or prevention of mental illness, including:
(a) conducting a professional evaluation of an individual's condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized in the professions of mental health therapy listed under Subsection (4);
(b) establishing a diagnosis in accordance with established written standards generally recognized in the professions of mental health therapy listed under Subsection (4);
(c) prescribing a plan for the prevention or treatment of a condition of mental illness or emotional disorder; or
(d) engaging in the conduct of professional intervention, including psychotherapy by the application of established methods and procedures generally recognized in the professions of mental health therapy listed under Subsection (4).
(6) "Recipient" means an applicant selected to receive
a grant or a scholarship under this chapter.
2003
62A-13-105 Department duties and powers.
(1) The department shall administer this chapter within the Division of Substance Abuse and Mental Health, created in Section 62A-15-103 and under the policy direction of the Board of Substance Abuse and Mental Health created in Section 62A-1-105 .
(2) The Division of Substance Abuse and Mental Health shall establish rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act to:
(a) establish application procedures for grants and scholarships;
(b) establish eligibility and selection criteria for grant and scholarship recipients;
(c) determine grant and scholarship awards and conditions for each recipient;
(d) designate eligible underserved rural areas regarding available mental health therapy services in which recipients may fulfill their service obligations; and
(e) establish educational requirements necessary for the grant or scholarship recipient to be qualified to meet service obligations.
(3) The Division of Substance Abuse and Mental Health may:
(a) approve the specific site at which a recipient may fulfill his service obligations under this chapter;
(b) set limitations on the amount an individual may receive and on the number of years for which an individual may receive funds under this chapter;
(c) cancel grants or scholarships for cause and, for compelling reasons, accept a lesser measure of damages for breach of a grant or scholarship contract or release a recipient from the service obligation without penalty for extreme hardship or other good cause;
(d) cancel a grant or scholarship for cause without penalty to the state; and
(e) cancel a grant or a scholarship if the recipient fails to meet the conditions of the award or if it reasonably appears the recipient will not meet the grant or scholarship conditions.
(4) The department may accept gifts, grants, loans, and
other aid or funds from any person, association, foundation,
trust, corporation, governmental agency, or other entity
for the purposes set forth in this chapter.
2003
62A-13-106 Mental health therapist loan repayment grants - Terms and amounts - Service.
(1) (a) To increase the number of mental health therapists practicing in underserved rural areas of the state, the department may provide grants to mental health therapists to repay loans taken by them for educational expenses in exchange for their agreement to practice for a specified period of time in underserved rural areas in the state.
(b) Grants may be given only to repay bona fide loans taken by a mental health therapist for educational expenses while pursuing an education at an institution that provides training leading to the award of a degree or the completion of specified additional course work meeting the educational requirements for licensure as a classification of mental health therapist under Title 58, Occupations and Professions.
(2) Grants under this section may not be used to satisfy other obligations owed by the mental health therapist under any similar program and may not be used to repay a loan that is in default at the time of application.
(3) The department may not disburse any grant funds under
this chapter until the recipient has performed at least three
months of full-time service at the designated underserved
rural area.
1994
62A-13-107 Mental health therapist scholarships - Terms and amounts - Service.
(1) To increase the number of mental health therapists in underserved rural areas in the state, the department may provide scholarships to individuals seeking to become mental health therapists in exchange for their agreement to practice for a specified period of time in underserved rural areas in the state.
(2) Scholarships may be given to pay educational expenses, while pursuing a degree or specified additional course work at a school within the United States or Canada:
(a) approved by the Division of Occupational Licensing created under Section 58-1-103 ; and
(b) that provides a course of study leading to a degree or the completion of specified additional course work that meets the educational requirements for licensure as a mental health therapist under Title 58, Occupations and Professions.
(3) Scholarships given under this section may not be used to satisfy other obligations owed under any similar program and may not be in an amount more than is reasonably necessary to meet educational expenses.
(4) Scholarship recipients shall seek a course of education
following a schedule of minimum course hours per year and
maximum years leading to receipt of a degree or the completion
of specified additional course work as set by committee rule.
1994
62A-13-108 Service obligation - Repayment - Penalty.
(1) (a) Before receiving a grant or a scholarship under this chapter, each recipient shall enter into a contract with the state agreeing to the conditions upon which the grant or scholarship is to be made.
(b) The contract shall include necessary conditions to carry out the purposes of this chapter.
(2) (a) In exchange for financial assistance under this chapter, the recipient shall practice full-time for a minimum of 24 months in an underserved rural area at a site approved by the committee.
(b) The recipient's full-time practice in an underserved rural area at a site approved by the committee retires the amount owed for the grant or scholarship according to a schedule established by the committee.
(3) A grant recipient under this chapter who fails to complete the obligated service shall pay:
(a) as a penalty, twice the total amount of the grant not yet retired by the recipient's services, on a prorated basis according to a schedule established by the committee;
(b) 12% per annum interest on the unretired funds received under the grant, calculated from the date the grant is received until the date the grant is repaid; and
(c) costs and expenses incurred in collection, including attorney fees.
(4) A scholarship recipient who fails to finish his schooling and become a mental health therapist within the period of time agreed upon with the committee shall within 90 days after the deadline for completing his schooling or within 90 days of his failure to continue his schooling, whichever occurs earlier, repay:
(a) all scholarship money received;
(b) 12% per annum interest on the funds received under the scholarship, calculated from the date the scholarship is received until the date it is repaid; and
(c) costs and expenses incurred in collection, including attorney fees.
(5) A scholarship recipient who finishes his schooling and becomes a mental health therapist but who fails to fulfill his service obligation shall pay:
(a) as a penalty, twice the total scholarship amount paid to him that is not yet retired by his service, on a prorated basis according to a schedule established by the committee;
(b) 12% per annum interest on the unretired funds received under the scholarship calculated from the date he received the scholarship until the date it is repaid; and
(c) costs and expenses incurred in collection, including attorney fees.
(6) Amounts recovered and damages collected under this
section shall be deposited as dedicated credits to be used
to carry out the provisions of this chapter.
2001
62A-13-109 Funding.
(1) Appropriations for programs under this chapter shall be a separate line item to the department in the annual appropriations act, and unless otherwise provided in an appropriations act, is nonlapsing.
(2) Federal funds, gifts, endowments, contributions for the programs, and damages collected from breach of program contracts may also be used for programs under this chapter and are nonlapsing.
(3) After a program contract has been signed by both parties, the department shall set aside the funds necessary to ensure sufficient funds will be available to make payments under the contract for the full term of obligated service.
(4) Funding under Subsections (1) and (2) shall be used to make payments under the program contracts.
(5) Department staff support costs necessary to administer
this chapter shall be appropriated by the Legislature.
2003
62A-13-110 Reporting.
Annually on or before August 1, the Division of Substance Abuse and Mental Health shall submit a written report of its activities under this chapter to the executive director of the department and to the Health and Human Services Interim Committee of the Legislature. The report shall include:
(1) the number and type of grant and scholarship recipients;
(2) the total amount of each grant and scholarship;
(3) the site at which each grant recipient is practicing;
(4) the site at which each scholarship recipient is practicing;
(5) the number of applications filed under this chapter within the preceding year; and
(6) the amount of administrative expenses incurred by
the committee and by the department to provide staff support
during the preceding year in carrying out the provisions
of this chapter.
2003
