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Senate approves bill limiting unregulated mental-health marketing; creates enforcement fund
Summary
Senate Bill 48, addressing providers who market mental-health diagnosis and treatment without licensure, passed the Utah Senate after sponsor described the measure as drawing a clear line between regulated mental-health professionals and unlicensed 'life coaches.' The bill also creates an education enforcement fund.
Senate Bill 48, titled Behavioral Health Amendments, cleared the Utah Senate after floor debate that centered on the scope of practice for people who provide mental-health services or market mental-health diagnosis.
Senator McCall, the bill sponsor, told the Senate the measure is intended to provide "guardrails" by requiring that anyone who practices, markets or discusses mental-health diagnosis be a regulated mental-health professional. On the floor he singled out line 155 of the bill as the core provision establishing that standard.
"If you're going to practice mental health, if you're gonna discuss diagnosis, you're gonna market diagnosis, you have to be a regulated mental health professional," Senator McCall said. He also said the bill creates an education enforcement fund (line 172) to support implementation and enforcement activities.
Supporters said the bill is designed to protect consumers from unlicensed practitioners who may market mental-health diagnosis or treatment without the oversight or standards that accompany licensure. The bill was framed by its sponsor as targeting bad actors who had moved into life coaching or similar roles after losing professional licensure.
The Office of Professional Licensing review (referred to on the floor as OPLER) examined the measure and raised concerns, the sponsor said. The Senate substitute incorporated changes designed to clarify that regulated mental-health practice — including diagnosing and treating mental illness — remains subject to licensure and oversight.
Formal action: the Senate passed the bill by roll call, 26-0 with 3 absent. The sponsor said the bill does not attempt to regulate coaching generally, but to require licensure for those who advertise or perform mental-health diagnosis or treatment.
Next steps: the bill will be transmitted to the House for further consideration. The sponsor said that enforcement will be funded in part from the new education enforcement fund created in the measure.
