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HB0004 • 2021

Mental health professions practice act-amendments.

AN ACT relating to the Mental Health Professions Practice Act; providing for criminal background checks as specified; providing standards for certification as a certified mental health worker and defining scope of practice; amending reciprocity allowances; repealing obsolete provisions; and providing for an effective date.

Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Labor
Last action
2021-03-30
Official status
enrolled
Effective date
7/1/2021

Plain English Breakdown

The exact wording and implementation of certain provisions, such as exam specifics and supervision requirements, remain unspecified in the official text.

Amendments to Mental Health Professions Practice Act

This law changes rules for mental health workers, including background checks and certification requirements.

What This Bill Does

  • Requires the licensing board to run criminal background checks on all new applicants and every four years for renewals.
  • Allows certification as a certified mental health worker (CMHW) with specific qualifications like a degree in human behavioral discipline and passing an exam.
  • Defines what CMHWs can do, such as providing mental health services under supervision but not diagnosing or treating patients directly.
  • Changes rules about reciprocity to allow workers from other states to get certified if their requirements are similar.
  • Removes old parts of the law that no longer apply.

Who It Names or Affects

  • People applying for mental health worker licenses and certifications in Wyoming.
  • The licensing board overseeing mental health professionals.
  • Current and future clients of mental health services.

Terms To Know

Certified Mental Health Worker (CMHW)
A person certified to provide mental health services under supervision but not allowed to diagnose or treat patients directly.
Reciprocity
Allowing workers from other states to get certifications if their requirements are similar to Wyoming's.

Limits and Unknowns

  • The law does not specify what happens if an applicant fails a background check.
  • It is unclear how the board will decide on exceptions for reciprocity cases.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0004HS001

Standing Committee • House Labor, Health and Social Services Committee

Adopted

Plain English: The amendment requires the board to request criminal background checks for all new and renewal license and certificate applicants under specific Wyoming law.

  • Adds a requirement that the board must ask for criminal history information from both initial and renewal applicants every four years.
  • The exact details of W.S. 7-19-106(a)(xxxiv) are not provided, so specifics about how background checks will be conducted are unclear.

Bill History

  1. 2021-03-30 LSO

    Assigned Chapter Number 37

  2. 2021-03-30 Governor

    Governor Signed HEA No. 0019

  3. 2021-03-26 Senate

    S President Signed HEA No. 0019

  4. 2021-03-26 House

    H Speaker Signed HEA No. 0019

  5. 2021-03-26 LSO

    Assigned Number HEA No. 0019

  6. 2021-03-25 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  7. 2021-03-24 Senate

    S 2nd Reading:Passed

  8. 2021-03-23 Senate

    S COW:Passed

  9. 2021-03-01 Senate

    S Placed on General File

  10. 2021-03-01 Senate

    S10 - Labor:Recommend Do Pass 5-0-0-0-0

  11. 2021-02-01 Senate

    S Introduced and Referred to S10 - Labor

  12. 2021-02-01 Senate

    S Received for Introduction

  13. 2021-02-01 House

    H 3rd Reading:Passed 60-0-0-0-0

  14. 2021-01-29 House

    H 2nd Reading:Passed

  15. 2021-01-28 House

    H COW:Passed

  16. 2021-01-27 House

    H Placed on General File

  17. 2021-01-27 House

    H02 - Appropriations:Recommend Do Pass 7-0-0-0-0

  18. 2021-01-27 House

    H10 - Labor:Rerefer to H02 - Appropriations

  19. 2021-01-27 House

    H10 - Labor:Recommend Amend and Do Pass 9-0-0-0-0

  20. 2021-01-12 House

    H Introduced and Referred to H10 - Labor

  21. 2021-01-12 House

    H Received for Introduction

  22. 2020-12-11 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0180
Bill No.:

HB0004

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0180

Enrolled Act No.:

HEA No. 0019

Chapter No.:

37

Prime Sponsor:

Joint Labor, Health & Social Services Interim Committee

Catch Title:

Mental health professions practice act-amendments.

Subject:

Mental health professions practice act-amendments.

Summary/Major Elements:

Requires the mental health professions licensing board to run criminal background checks on all initial applicants for licensure or certification under the Mental Health Professions Practice Act, and on renewal applicants once every four (4) years.

Allows for certification as a certified mental health worker and specifies the requirements for becoming certified and for practicing only under the supervision of a qualified clinical supervisor, and subject to other restrictions specified by the board.

Modifies the Act's reciprocity provisions to allow for reciprocity to certified mental health workers and grants the Board the discretion to provide, for good cause shown, reciprocity to candidates seeking reciprocity as social workers, addictions practitioners, addictions practitioner assistants or mental health workers who do not otherwise meet the requirement under the Act.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
21LSO-0180

ORIGINAL House

Bill No
.
HB0004

ENROLLED ACT NO. 19,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to the Mental Health Professions Practice Act; providing for criminal background checks as specified; providing standards for certification as a certified mental health worker and defining scope of practice; amending reciprocity allowances; repealing obsolete provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 7
‑
19
‑
106(a) by creating a new paragraph (xxxiv), 7
‑
19
‑
201(a) by creating a new paragraph (xxx), 33
‑
38
‑
102(a)(xii) and by creating a new paragraph (xvii), 33
‑
38
‑
105 by creating a new subsection (j), 33
‑
38
‑
106 by creating a new subsection (q) and 33
‑
38
‑
108(b) and by creating a new subsection (d) are amended to read:

7
‑
19
‑
106.

Access to, and dissemination of, information.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(xxxiv)

The mental health professions licensing board for purposes of obtaining background information on applicants for licensure or certification by the board.

7
‑
19
‑
201.

State or national criminal history record information.

(a)

The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:

(xxx)

All persons applying for licensure or certification to the mental health professions licensing board under title 33, chapter 38 of the Wyoming statutes.

33
‑
38
‑
102.

Definitions.

(a)

As used in this act:

(xii)

Certified mental health worker (
CMHW
) means a person certified under this act to perform
mental health procedures
the application of human services or psychological theory and methods to the assessment, treatment or prevention of psychosocial dysfunction, disability or impairment, including emotional or mental disorders,
under the supervision of a qualified clinical supervisor licensed in the state of Wyoming
. The practice of a
CMHW
shall not include assigning a diagnosis or acting as a primary treatment provider
;

(xvii)

"Human behavioral discipline" refers to a degree in addictionology, chemical dependency, substance use disorder, counseling, psychology, social work, sociology or a related field.

33
‑
38
‑
105.

Powers and duties of the board; rules; meetings; fees.

(j)

The board shall request criminal history background information as authorized under W.S. 7
‑
19
‑
106(a)(xxxiv) on license and certificate applicants for:

(i)

All initial applicants; and

(ii)

All renewal applicants once every four (4) years.

33
‑
38
‑
106.

Requirements for licensure and certification.

(q)

Certification under this subsection shall allow practice as a certified mental health worker only under the

supervision of a qualified clinical supervisor and subject to any other restrictions which may be specified by the board. The board shall grant certification as a certified mental health worker to any applicant who files an application upon a form and in the manner prescribed by the board, accompanied by the appropriate fee and who furnishes satisfactory evidence to the board of the following:

(i)

The applicant has reached the age of majority;

(ii)

The applicant has no felony convictions and no misdemeanor convictions that relate adversely to the practice of clinical mental health work or to the ability to practice clinical mental health work, although exceptions to this requirement may be granted by the board if consistent with the public interest;

(iii)

The applicant has received a baccalaureate degree in a human behavioral discipline from an accredited program and institution of higher education, which is professional in content and which meets the academic and training content standards established by the board. The

board shall use the professional training and experience standards of the appropriate professional associations as established by the rules and regulations;

(iv)

The applicant has demonstrated knowledge in the field of mental health work in general by passing a standard examination which may be written or situational, as the board prescribes. The board may develop, adopt and administer appropriate examinations.

The board shall establish specific provisions for examination of applicants for certification in the specific discipline at reasonable times and places at least twice each year;

(v)

Unless extended, the applicant has six (6) months from the date of employment to become certified. The board may, for good cause shown, grant an extension of this grace period.

33
‑
38
‑
108.

Reciprocity.

(b)

Any individual holding a certification in good standing to engage in the practice of social work
,

or
addictions therapy
or mental health work
under the laws of another state having certification requirements substantially similar to those required by this act may, upon approval of the board, be issued certification to practice in this state.

(d)

For good cause shown the board shall issue a license or certification to practice in this state to an individual
seeking reciprocity as a social worker, addictions practitioner, addictions practitioner assistant or mental health worker who does not otherwise meet the reciprocity requirements under subsection (a) or (b) of this section.

Section 2.

W.S. 33
‑
38
‑
106(e) through (m) is repealed.

Section 3
.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1