Current through Bulletin 2024-18, September 15, 2024
Under Subsection
58-60-305(1)(d),
the supervised experience qualifications for licensure required under Title 58,
Chapter 60, Part 3, Marriage and Family Therapist Licensing Act are established
and clarified as follows:
(1) Before
accruing supervised experience, an individual shall:
(a) enter into a written supervision contract
with a supervisor, signed by both parties; and
(b) verify that the supervisor has received
acknowledgment from the Division of receipt of the Supervisor Verification
document.
(2) Before
providing supervision, a supervisor shall:
(a)
enter into a written supervision contract with a supervisee, signed by both
parties;
(b) ensure that during the
period of supervised experience the supervisee is a W-2 employee providing
clinical mental health services at one of the following facilities:
(i) mental health agency;
(ii) in-patient or out-patient
hospital;
(iii) educational
institution;
(iv) non-profit
organization; or
(v) government
agency;
(c) submit to
the Division:
(i) a complete Supervisor
Verification form; and
(ii)
certification that the supervision contract meets the requirements of
Subsection R156-60b-305(3);
(d) receive an acknowledgment from
the Division verifying receipt of the Supervisor Verification form.
(3) A supervision contract shall
include at least the following provisions:
(a)
a plan to ensure the supervised individual has accessibility to the
supervisor;
(b) a plan for meetings
between the supervisor and supervisee, addressing:
(i) frequency;
(ii) duration;
(iii) objectives;
(iv) format, such as individual or small
group; and
(v) location, such as
face-to-face or remotely;
(c) a plan for documenting the ongoing
supervision, including objective and measurable circumstances;
(d) a plan to address potential conflicts
between the clinical recommendations of the supervisor and those of the
representatives of the agency employing the supervisee;
(e) remedies in the event of a breach of
contract by either the supervisor or supervisee, including procedures for
contract termination; and
(f) if
any part of the supervision will be conducted remotely, plans for:
(i) how the supervisor and supervisee will
meet via realtime electronic methods allowing visual or audio interaction, and
protect the security of electronic, confidential data and
information;
(ii) how the
supervisor will comply with the supervisor's duties and responsibilities as
established in rule;
(iii) how the
supervisor will physically visit the location where the supervisee practices on
at least a quarterly basis during the period of supervision, or at such less
frequency as is approved in advance by the Division in collaboration with the
Board; and
(iv) how notice will be
provided to the supervisee's clients or patients and employer regarding the
supervisee's use of remote supervision.
(4) A supervisor shall have the following
duties and responsibilities:
(a) ensure that
during the period of supervision:
(i) the
supervisee if a W-2 employee providing clinical mental health services at one
of the following facilities:
(A) mental health
agency;
(B) in-patient or
out-patient hospital;
(C)
educational institution;
(D)
non-profit organization; or
(E)
government agency;
(ii)
the supervisor and supervisee remain appropriately licensed; and
(iii) the supervisor supervises no more than
six individuals who are lawfully engaged in gathering experience for the
practice of clinical mental health therapy;
(b) comply with the terms of the supervision
contract;
(c) maintain a
relationship with the supervisee which the supervisor is independent of control
by the supervised individual, and that the ability of the supervisor to
supervise and direct the practice of that individual is not
compromised;
(d) be available to
the supervisee for advice, consultation, and direction consistent with the
standards and ethics of the profession and the requirements suggested by the
total circumstances, including consideration of the supervisee's level of
training, diagnosis of patients, and other factors known to the
supervisor;
(e) periodically review
the client records assigned to the supervisee;
(f) comply with the confidentiality
requirements of Section
58-60-114;
(g) monitor the supervisee's performance for
compliance with the laws, rules, standards, and ethics of the profession, and
report violations to the Division; and
(h) upon completion of the supervised
training, submit to the Division on Division-provided forms:
(i) documentation of the training hours
completed by the supervised individual; and
(ii) an evaluation of the supervised
individual with respect to the quality of the work performed and the
individual's competency to practice in the profession.
(5) A supervisee shall have the
following duties and responsibilities:
(a)
before beginning any supervised training:
(i)
enter into a written supervision contract with the supervisor in accordance
with Subsection R156-60b-305b(3);
and
(ii) ensure that the required
Supervisor Verification form is received by the Division;
(b) maintain required licensure;
(c) maintain employment as a W-2 employee
providing clinical mental health services at one of the following facilities:
(i) mental health agency;
(ii) in-patient or out-patient
hospital;
(iii) educational
institution;
(iv) non-profit
organization; or
(v) government
agency;
(d) comply with
the terms of the supervision contract;
(e) maintain a relationship with the
supervisor which the supervisor is independent of the supervised individuals
control, and that the ability of the supervisor to supervise and direct the
practice of that individual is not compromised;
(f) be professionally responsible for the
acts and practices of the supervisee that are a part of the required supervised
training;
(g) comply with the
confidentiality requirements of Section
58-60-114; and
(h) comply with applicable laws, rules,
standards, and ethics of the profession.
(6) A supervisor shall notify the Division in
writing of any of the following changes, within 30 days of the change:
(a) termination of a supervision contract;
or
(b) a change in the supervised
individuals place of employment.
(7)
(a) If
a supervisor does not support the issuance of a license to a supervised
individual to practice unsupervised, or if the supervisor has other concerns
regarding the individual that the supervisor believes requires input from the
Division and Board, the supervisor shall submit to the Division a written
explanation outlining the supervisor's concerns.
(b) Upon receipt of written concerns from a
supervisor with respect to a supervisee, the Division:
(i) shall provide the supervised individual
an opportunity to respond in writing to the Division regarding the supervisor's
concerns;
(ii) shall review the
written statements from the supervisor and supervisee with the Board;
and
(iii) in consultation with the
Board, the supervised individual may be required to obtain additional
supervised experience hours, education, and training.