(1)There is created the Behavioral Health Board consisting of:
(1)(a) no less than six behavioral health care providers licensed in Utah to practice as a:
(1)(a)(i) clinical social worker;
(1)(a)(ii) marriage and family therapist;
(1)(a)(iii) clinical mental health counselor;
(1)(a)(iv) master addiction counselor;
(1)(a)(v) psychologist under Chapter 61, Psychologist Licensing Act; or
(1)(a)(vi) behavior analyst or specialist;
(1)(b) no less than two other behavioral health care providers licensed in Utah to practice as:
(1)(b)(i) a certified social worker;
(1)(b)(ii) a social service worker;
(1)(b)(iii) an associate marriage and family therapist;
(1)(b)(iv) an associate clinical mental health counselor;
(1)(b)(v) an associate master addiction counselor;
(1)(b)(vi) an advanced substance u
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(1) There is created the Behavioral Health Board consisting of:
(1)(a) no less than six behavioral health care providers licensed in Utah to practice as a:
(1)(a)(i) clinical social worker;
(1)(a)(ii) marriage and family therapist;
(1)(a)(iii) clinical mental health counselor;
(1)(a)(iv) master addiction counselor;
(1)(a)(v) psychologist under Chapter 61, Psychologist Licensing Act; or
(1)(a)(vi) behavior analyst or specialist;
(1)(b) no less than two other behavioral health care providers licensed in Utah to practice as:
(1)(b)(i) a certified social worker;
(1)(b)(ii) a social service worker;
(1)(b)(iii) an associate marriage and family therapist;
(1)(b)(iv) an associate clinical mental health counselor;
(1)(b)(v) an associate master addiction counselor;
(1)(b)(vi) an advanced substance use disorder counselor;
(1)(b)(vii) a substance use disorder counselor;
(1)(b)(viii) a certified psychology resident; or
(1)(b)(ix) an assistant behavior analyst or specialist;
(1)(c) no less than four public members:
(1)(c)(i) who comprise no less than 1/3 of the total membership of the board;
(1)(c)(ii) who are not licensed to practice under:
(1)(c)(ii)(A) this chapter; or
(1)(c)(ii)(B) Chapter 61, Psychologist Licensing Act;
(1)(c)(iii) two of whom shall, at the time of appointment to the board, hold a leadership position with:
(1)(c)(iii)(A) a behavioral health consumer advocacy organization;
(1)(c)(iii)(B) a behavioral health employer;
(1)(c)(iii)(C) a behavioral health payor;
(1)(c)(iii)(D) an academic institution conducting research related to the behavioral health licenses under Subsection (3)(b), including public health, epidemiology, economics, and the health care workforce;
(1)(c)(iii)(E) a training institution providing education credentials required for a license under Subsection (3)(b);
(1)(c)(iii)(F) a licensed health care facility as defined in Section 26B-2-201; or
(1)(c)(iii)(G) a licensed human services program as defined in Section 26B-2-101;
(1)(c)(iv) one of whom the executive director of the Department of Health and Human Services appoints; and
(1)(c)(v) one of whom is licensed in Utah to practice as a:
(1)(c)(v)(A) physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act;
(1)(c)(v)(B) physician assistant under Chapter 70a, Utah Physician Assistant Act; or
(1)(c)(v)(C) nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure Compact - Revised.
(2) Board members shall be appointed, serve terms, and be compensated in accordance with Section 58-1-201.
(3) The board shall:
(3)(a) operate in accordance with Section 58-1-202, unless otherwise provided in this section;
(3)(b) oversee licenses under:
(3)(b)(i) this chapter; and
(3)(b)(ii) Chapter 61, Pyschologist Licensing Act;
(3)(c) recommend to the appropriate legislative committee statutory changes to:
(3)(c)(i) ensure that regulation supports an adequate workforce to meet consumer demand for behavioral health services; and
(3)(c)(ii) prevent harm to the health, safety, and financial welfare of the public;
(3)(d) recommend to the appropriate legislative committee statutory changes to remove regulations that are no longer necessary or effective in protecting the public and enhancing commerce; and
(3)(e) disqualify any member from acting as a presiding officer in any administrative procedure in which that member has previously reviewed the complaint or advised the division.
(4) (4)(a) There are created the following advisory committees to the board:
(4)(a)(i) the Qualifications and Professional Development Advisory Committee;
(4)(a)(ii) the Background and Investigations Advisory Committee; and
(4)(a)(iii) the Probation and Compliance Advisory Committee.
(4)(b) Each advisory committee shall consist of:
(4)(b)(i) a committee chair who is a member of the Behavioral Health Board;
(4)(b)(ii) a member of each profession regulated under this chapter;
(4)(b)(iii) Chapter 61, Psychologist Licensing Act; and
(4)(b)(iv) as determined by the division in rule, additional members from the professions licensed under this chapter or Chapter 61, Psychologist Licensing Act.
(4)(c) In addition to the requirements of Subsection (4)(b):
(4)(c)(i) the Qualifications and Professional Development Advisory Committee shall also consist of an educator for each profession regulated under this chapter and Chapter 61, Psychologist Licensing Act; and
(4)(c)(ii) the Background and Investigations Advisory Committee shall also consist of a criminal justice professional.
(4)(d) The Qualifications and Professional Development Advisory Committee shall:
(4)(d)(i) advise the division regarding qualifications for licensure, including passing scores for applicant examinations and standards of supervision for students or persons in training to become licensed;
(4)(d)(ii) recommend evidence-based ongoing professional development requirements for licensure that:
(4)(d)(ii)(A) ensure an adequate workforce to meet consumer demand; and
(4)(d)(ii)(B) prevent harm to the health, safety, and financial welfare of the public;
(4)(d)(iii) advise the division on the licensing, renewal, reinstatement, and relicensure of:
(4)(d)(iii)(A) internationally trained applicants;
(4)(d)(iii)(B) applicants applying via licensure by endorsement; and
(4)(d)(iii)(C) applicants applying using an alternate pathway to licensure including a non-exam or equivalent field degree path;
(4)(d)(iv) draw on additional profession-specific advisors as needed;
(4)(d)(v) make policy recommendations to the board regarding qualifications for licensure or renewal for a specific profession, including the committee chair assigning at least one committee member licensed under that profession to serve as a subject matter expert; and
(4)(d)(vi) make recommendations to the board related to an individual applicant for a specific license, including the committee chair assigning at least one committee member licensed under the same profession as the applicant to serve as a subject matter expert.
(4)(e) The Background and Investigations Advisory Committee shall:
(4)(e)(i) advise the division on establishing criteria for licensure for those with a criminal conviction according to Section 58-1-401;
(4)(e)(ii) advise the division on establishing criteria for referral to the Utah Professionals Health Program under Chapter 4a, Utah Professionals Health Program;
(4)(e)(iii) screen applicants with a criminal history for licensing, renewal, reinstatement, and relicensure and recommending licensing, renewal, reinstatement, and relicensure actions to the division;
(4)(e)(iv) advise the division on investigative practices and procedures and administrative sanctions for consistency and fairness across relevant occupations;
(4)(e)(v) make recommendations to the board for sanctions against individual licensees and certificate holders and referral to the Utah Professionals Health Program under Chapter 4a, Utah Professionals Health Program;
(4)(e)(vi) draw on additional profession-specific advisors as needed; and
(4)(e)(vii) make recommendations to the board related to the disposition for any specific applicant or licensee, including the committee chair assigning at least one committee member licensed under the same profession as the applicant or licensee to serve as a subject matter expert.
(4)(f) The Probation and Compliance Advisory Committee shall:
(4)(f)(i) review compliance with probationary orders;
(4)(f)(ii) review early termination and make any recommendations as requested by the board;
(4)(f)(iii) advise the board regarding the screening of applicants previously sanctioned for licensing, renewal, reinstatement, and relicensure, including recommending licensing, renewal, reinstatement, and relicensure actions to the board;
(4)(f)(iv) establish procedures for monitoring sanctioned licensees or certificate holders;
(4)(f)(v) draw on additional profession-specific advisors as needed; and
(4)(f)(vi) make recommendations to the board related to the disposition for any specific licensee or certification holder, including the committee chair assigning a committee member licensed under the same profession as the licensee or certification holder to serve as a subject-matter expert related to that disposition.
(5) The division, in consultation with the board, may establish one or more standing or ad hoc subcommittees to consider and advise the board regarding any aspect of licensing, including:
(5)(a) client or patient access to qualified licensees;
(5)(b) education, examination, and supervision of applicants for licensure;
(5)(c) verification of applicant for licensure qualifications;
(5)(d) continuing education requirements;
(5)(e) alternate pathways to licensure; and
(5)(f) probation and recovery assistance.
(6) The division may consult with licensed psychologists on matters specific to the oversight of doctoral-level licensed psychologists.
(7) Members of the board and any subcommittees created under this section may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(7)(a) Section 63A-3-106;
(7)(b) Section 63A-3-107; and
(7)(c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(8) The division shall consult with the Physicians Licensing Board created in Section 58-67-201 on any matters relating to:
(8)(a) the licensing of individual certified prescribing psychologists and provisional prescribing psychologists; and
(8)(b) rulemaking related to the occupation of prescribing psychology.