NASW-Utah's Official Statement Opposing HB281

The National Association of Social Workers Utah Chapter (NASW-Utah) firmly opposes House Bill 281 (HB281) and urges all mental health professionals, educators, and parents to join us in protecting the rights and well-being of children across our state.

HB281 proposes significant restrictions on in-school mental health services by allowing parents to prohibit discussions on specific topics during sessions. While parental involvement is essential, this bill undermines the professional judgment of licensed therapists and may prevent children from receiving the comprehensive support they need within the school environment.

In-school mental health therapists have an ethical duty to prioritize the well-being of their child clients. By potentially restricting discussions on critical topics such as nutrition, discipline, and sleeping conditions, HB281 could impede therapists' ability to address issues that are vital to a child's mental and physical health. This limitation is particularly concerning in situations where a child may be experiencing abuse or neglect, as it could prevent the therapist from identifying and addressing such issues effectively.

Furthermore, the bill's requirement for therapists to provide parents with summaries of each session may breach client confidentiality and erode the trust essential for effective therapeutic relationships. Children often need a safe and confidential space to express their thoughts and feelings, especially when they cannot rely on their parents as advocates.

We are also troubled by the lack of collaboration from the bill's sponsors and partners in seeking a balanced solution that considers both parental rights and the best interests of the child. This unilateral approach fails to acknowledge the complexities of child welfare and the professional responsibilities of mental health providers.

By enacting HB281, we risk enabling environments where children may suffer in silence, unable to discuss pertinent issues with a trusted professional. This scenario could lead to tragic outcomes, as seen in cases like Ruby Franke and Gavin Petersen, where lack of appropriate intervention had devastating consequences.

We call upon all to oppose HB281 and advocate for policies that uphold the rights of children to access comprehensive mental health support within their schools. Let us work together to ensure that every child in Utah has the opportunity to thrive in a safe and supportive environment.

HB281 - Health Curriculum and Procedures Amendments

Passed in the house and now moves to the Senate.

When contacting your Senator, please add 'Constituent Email' to the subject line.

We have linked a sample letter below for you to personalize and use in your emails to your Senators.

SAMPLE LETTER

To find your representative:

https://le.utah.gov/GIS/findDistrict.jsp

*Past Message*

NASW-Utah Members,

Regrettably, HB281, which seeks to restrict therapeutic topics and impose additional burdens on school therapists, passed in committee. Shockingly, during the committee hearing, several members proposed amendments that would severely undermine ethical therapy for students in Utah.

We strongly encourage you to watch the debate and stay informed about the conversations happening. You can access the recording here:

Friday, January 31 - Audio/Video

Click to Watch

LINK TO LEGISLATION

HB281 now moves to the full House for a vote. We urgently encourage you to reach out to your representative starting Monday to express your opposition to this bill. When reaching out, please emphasize the harm this bill will cause to children and, if possible, share personal stories that highlight these concerns.

Key Tips for Contacting Your Senators:

• Use "Constituent Email" in the subject line.
• Reference HB281: Health Curriculum and Procedure Amendments.
• Keep your message concise, professional, and personal.

We anticipate a difficult fight ahead, as many legislators are working behind the scenes to secure support for this bill.

Additionally, we are closely monitoring another piece of legislation that would allow Occupational Therapists (OTs) to practice mental health therapy. We have met with the bill sponsor and requested that a disclaimer be reinstated to clarify that OTs cannot provide mental health therapy. Following our conversation, the sponsor offered an amendment stating that OTs cannot engage in mental health psychotherapy.

LINK TO LEGISLATION

There is growing confusion regarding who can provide mental health therapy, particularly with the rise of life coaches and new behavioral health licenses. While Occupational Therapists are highly skilled in their field, mental health therapy is not within their scope of practice. We remain engaged on this issue and will keep you updated.

Please use the below link to find you local representative. Your engagement as an individual is where we will make a difference.

LINK TO FIND YOUR REPRESENTATIVE

We also have a legislative tracker on the NASW-Utah website. We are tracking many bills, but those we are actively engaged on are mentioned at the top.

BILL TRACKER

Thank you for your advocacy and dedication to ethical, high-quality mental health services in Utah.

Katie Mansell

Executive Director

NASW-Utah