Utah Admin. Code 156-60c-305b

Current through Bulletin No. 2024-21, November 1, 2024

Section R156-60c-305b - Supervised Experience Requirements - Supervision Contract - Duties and Responsibilities of Supervisor and Supervisee

Under Subsection 58-60-405(1)(d), the supervised experience qualifications for licensure required under Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor 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 (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 lesser 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 is 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 (3); and

(ii) ensure 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 wit 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.

Utah Admin. Code R156-60c-305b

Adopted by Utah State Bulletin Number 2024-03, effective 1/25/2024