TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Title of Regulation: 18VAC115-70. Regulations
Governing the Registration of Peer Recovery Specialists (adding 18VAC115-70-10 through 18VAC115-70-90).
Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the
Code of Virginia.
Effective Date: November 13, 2019.
Agency Contact: Jaime Hoyle, Executive Director, Board
of Counseling, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone
(804) 367-4406, FAX (804) 527-4435, or email jaime.hoyle@dhp.virginia.gov.
Summary:
Pursuant to Chapters 418 and 426 of the 2017 Acts of
Assembly, the new regulation (i) establishes the fees required for registration
and renewal of registration; (ii) specifies the qualification for registration,
which is evidence of meeting the requirements set out in regulations of the
Department of Behavioral Health and Developmental Services; (iii) requires that
to maintain registration, a registrant complete eight hours of continuing
education with a minimum of two hours devoted to ethics; (iv) sets standards of
practice to include practicing within the specialist's competency area,
practicing in a manner that does not endanger public health and safety,
maintaining confidentiality, and avoiding dual relationships that would impair
objectivity and increase risk of client exploitation; and (v) makes violations
of standards of practice or of applicable law or regulation grounds for
disciplinary action by the board.
Summary of Public Comments and Agency's Response: No
public comments were received by the promulgating agency.
CHAPTER 70
REGULATIONS GOVERNING THE REGISTRATION OF PEER RECOVERY SPECIALISTS
Part I
General Provisions
18VAC115-70-10. Definitions.
"Applicant" means a person applying for
registration as a peer recovery specialist.
"Board" means the Virginia Board of Counseling.
"DBHDS" means the Virginia Department of
Behavioral Health and Developmental Services.
"Mental health professional" means a person who
by education and experience is professionally qualified and licensed in
Virginia to provide counseling interventions designed to facilitate an
individual's achievement of human development goals and remediate mental,
emotional, or behavioral disorders and associated distresses that interfere
with mental health and development.
"Peer recovery specialist" means a person who by
education and experience is professionally qualified in accordance with 12VAC35-250
to provide collaborative services to assist individuals in achieving sustained
recovery from the effects of mental illness or addiction, or both.
"Registered peer recovery specialist" or
"registrant" means a person who by education and experience is
professionally qualified in accordance with 12VAC35-250 and registered by the
board to provide collaborative services to assist individuals in achieving
sustained recovery from the effects of mental illness or addiction, or both. A
registered peer recovery specialist shall provide such services as an employee
or independent contractor of DBHDS, a provider licensed by the DBHDS, a
practitioner licensed by or holding a permit issued from the Department of
Health Professions, or a facility licensed by the Department of Health.
18VAC115-70-20. Fees required by the board.
A. The board has established the following fees applicable
to the registration of peer recovery specialists:
Registration
|
$30
|
Renewal of registration
|
$30
|
Late renewal
|
$20
|
Reinstatement of a lapsed registration
|
$60
|
Duplicate certificate of registration
|
$10
|
Returned check
|
$35
|
Reinstatement following revocation or suspension
|
$500
|
B. Unless otherwise provided, fees established by the
board shall not be refundable.
18VAC115-70-30. Current name and address.
Each registrant shall furnish the board the registrant's
current name and address of record. Any change of name or address of record or
public address if different from the address of record, shall be furnished to
the board within 60 days of such change. It shall be the duty and
responsibility of each registrant to inform the board of the registrant's
current address.
Part II
Requirements for Registration and Renewal
18VAC115-70-40. Requirements for registration as a peer
recovery specialist.
A. An applicant for registration shall submit:
1. A completed application on forms provided by the board
and any applicable fee as prescribed in 18VAC115-70-20; and
2. A current report from the National Practitioner Data
Bank (NPDB).
B. An applicant for registration as a peer recovery
specialist shall provide evidence of meeting all requirements for peer recovery
specialists set by DBHDS in 12VAC35-250-30.
18VAC115-70-50. Annual renewal of registration.
All registrants shall renew their registration on or
before June 30 of each year. Along with the renewal form, the registrant shall
submit the renewal fee as prescribed in 18VAC115-70-20.
18VAC115-70-60. Continued competency requirements for
renewal of peer recovery specialist registration.
A. Registered peer recovery specialists shall be required
to have completed a minimum of eight contact hours of continuing education for
each annual registration renewal. A minimum of [ one
two ] of these hours shall be in courses that emphasize ethics.
Registered peer recovery specialists shall complete
continuing competency activities that focus on increasing knowledge or skills
in one or more of the following areas:
1. Current body of mental health or substance abuse
knowledge;
2. Promoting services, supports, and strategies for the
recovery process;
3. Crisis intervention;
4. Values for role of peer recovery specialist;
5. Basic principles related to health and wellness;
6. Stage appropriate pathways in recovery support;
7. Ethics and boundaries;
8. Cultural sensitivity and practice;
9. Trauma and impact on recovery;
10. Community resources; or
11. Delivering peer services within agencies and
organizations.
B. The following organizations, associations, or
institutions are approved by the board to provide continuing education:
1. Federal, state, or local governmental agencies, public
school systems, or licensed health [ or mental health ] facilities.
2. [ A national or state recovery-oriented
association or organization recognized by the profession.
3. A national behavioral health organization or
certification body recognized by the board.
4. An agency or organization holding approval by DBHDS as a
certifying body for peer recovery specialists.
5. ] The American Association for Marriage and
Family Therapy and its state affiliates.
[ 3. 6. ] The American
Association of State Counseling Boards.
[ 4. 7. ] The American
Counseling Association and its state and local affiliates.
[ 5. 8. ] The American
Psychological Association and its state affiliates.
[ 6. 9. ] The Commission on
Rehabilitation Counselor Certification.
[ 7. 10. ] NAADAC, the
Association for Addiction Professionals and its state and local affiliates.
[ 8. 11. ] National
Association of Social Workers.
[ 9. 12. ] National Board for
Certified Counselors.
[ 10. A national behavioral health organization or
certification body recognized by the board.
11. 13. ] Individuals or
organizations that have been approved as continuing competency sponsors by the
American Association of State Counseling Boards or a counseling board in
another state.
[ 12. An agency or organization approved by DBHDS.
14. Regionally accredited colleges or universities. ]
C. Attestation of completion of continuing education is
not required for the first renewal following initial registration in Virginia.
D. The board may grant an extension for good cause of up
to one year for the completion of continuing education requirements upon
written request from the registrant prior to the renewal date. Such an
extension shall not relieve the registrant of the continuing education
requirement.
E. The board may grant an exemption for all or part of the
continuing education requirements due to circumstances beyond the control of
the registrant such as temporary disability, mandatory military service, or
officially declared disasters upon written request from the registrant prior to
the renewal date.
F. All registrants shall maintain original documentation
of official transcripts showing credit hours earned or certificates of
participation for a period of three years following renewal.
G. The board may conduct an audit of registrants to verify
compliance with the requirement for a renewal period. Upon request, a
registrant shall provide documentation as follows:
1. Official transcripts showing credit hours earned; or
2. Certificates of participation.
H. Continuing education hours required by a disciplinary
order shall not be used to satisfy renewal requirements.
Part III
Standards of Practice; Disciplinary Actions; Reinstatement
18VAC115-70-70. Standards of practice.
A. The protection of the public health, safety, and
welfare and the best interest of the public shall be the primary guide in
determining the appropriate professional conduct of all persons whose
activities are regulated by the board.
B. Persons registered by the board shall:
1. Practice in a manner that is in the best interest of the
public and does not endanger the public health, safety, or welfare.
2. Be able to justify all services rendered to clients as
necessary.
3. Practice only within the competency area for which they
are qualified by training or experience.
4. Report to the board known or suspected violations of the
laws and regulations governing the practice of registered peer recovery
specialists.
5. Neither accept nor give commissions, rebates, or other
forms of remuneration for referral of clients for professional services and
make appropriate consultations and referrals based on the best interest of
clients.
6. Stay abreast of new developments, concepts, and
practices that are necessary to providing appropriate services.
7. Document the need for and steps taken to terminate
services when it becomes clear that the client is not benefiting from the
relationship [ or the client has decided to discontinue the
relationship ].
C. In regard to confidentiality and client records,
persons registered by the board shall:
1. Not willfully or negligently breach the confidentiality
between a practitioner and a client. A breach of confidentiality that is
required or permitted by applicable law or beyond the control of the
practitioner shall not be considered negligent or willful.
2. Disclose client records to others only in accordance
with applicable law.
3. Maintain client records securely, inform all employees
of the requirements of confidentiality, and provide for the destruction of
records that are no longer useful in a manner that ensures client
confidentiality.
4. Maintain timely, accurate, legible, and complete written
or electronic records for each client, to include dates of service and
identifying information to substantiate [ treatment
the recovery, resiliency, and wellness ] plan, client progress, and
termination.
D. In regard to dual relationships, persons registered by
the board shall:
1. Not engage in dual relationships with clients or former
clients that are harmful to the client's well-being, that would impair the
practitioner's objectivity and professional judgment, or that would increase
the risk of client exploitation. This prohibition includes such activities as
providing services to close friends, former sexual partners, employees, or
relatives or engaging in business relationships with clients.
2. Not engage in sexual intimacies or romantic relationships
with current clients. For at least five years after cessation or termination of
professional services, practitioners shall not engage in sexual intimacies or
romantic relationships with a client or those included in collateral
therapeutic services. Because sexual or romantic relationships are potentially
exploitative, the practitioner shall bear the burden of demonstrating that
there has been no exploitation. A client's consent to, initiation of, or
participation in sexual behavior or involvement with a practitioner does not
change the nature of the conduct nor lift the regulatory prohibition.
3. Recognize conflicts of interest and inform all parties
of obligations, responsibilities, and loyalties to third parties.
E. Upon learning of evidence that indicates a reasonable
probability that another mental health service provider, as defined in
§ 54.1-2400.1 of the Code of Virginia, is or may be guilty of a violation
of standards of conduct as defined in statute or regulation, persons registered
by the board shall advise their clients of the client's right to report such
misconduct to the Department of Health Professions in accordance with
§ 54.1-2400.4 of the Code of Virginia.
18VAC115-70-80. Grounds for revocation, suspension,
restriction, or denial of registration.
In accordance with subdivision 7 of § 54.1-2400 of the
Code of Virginia, the board may revoke, suspend, restrict, or decline to issue
or renew a registration based upon the following conduct:
1. Conviction of a felony or of a misdemeanor involving
moral turpitude or violation of or aid to another in violating any provision of
Chapter 35 (§ 54.1-3500 et seq.) of Title 54.1 of the Code of Virginia, any
other statute applicable to the practice of registered peer recovery
specialists, or any provision of this chapter;
2. Procuring, attempting to procure, or maintaining a
registration by fraud or misrepresentation;
3. Conducting one's practice in such a manner so as to make
it a danger to the health and welfare of one's clients or to the public, or if
one is unable to practice with reasonable skill and safety to clients by reason
of illness or abusive use of alcohol, drugs, narcotics, chemicals, or any other
type of material or as a result of any mental or physical condition;
4. Violating or abetting another person in the violation of
any provision of any statute applicable to the practice of peer recovery
specialists or [ qualified ] mental health
professionals or any provision of this chapter;
5. Performance of functions outside the board-registered
area of competency;
6. Performance of an act likely to deceive, defraud, or
harm the public;
7. Intentional or negligent conduct that causes or is
likely to cause injury to a client;
8. Action taken against a health or mental health license,
certification, registration, or application in Virginia or other jurisdiction;
9. Failure to cooperate with an employee of the Department
of Health Professions in the conduct of an investigation; or
10. Failure to report evidence of child abuse or neglect as
required in § 63.2-1509 of the Code of Virginia or elder abuse or neglect as
required in § 63.2-1606 of the Code of Virginia.
18VAC115-70-90. Late renewal and reinstatement.
A. A person whose registration has expired may renew it
within one year after its expiration date by paying the late renewal fee and
the registration fee as prescribed in 18VAC115-70-20 for the year in which the
registration was not renewed and by providing documentation of completion of
continuing education as prescribed in 18VAC115-70-60.
B. A person who fails to renew registration after one year
or more shall:
1. Apply for reinstatement;
2. Pay the reinstatement fee for a lapsed registration; and
3. Submit evidence of current certification as a peer
recovery specialist as prescribed by DBHDS in 12VAC35-250-30.
C. A person whose registration has been suspended or who
has been denied reinstatement by board order, having met the terms of the
order, may submit a new application and fee for reinstatement of registration
as prescribed in 18VAC115-70-20. Any person whose registration has been revoked
by the board may, three years subsequent to such board action, submit a new
application and fee for reinstatement of registration as prescribed in
18VAC115-70-20. The board in its discretion may, after an administrative
proceeding, grant the reinstatement sought in this subsection.
NOTICE: The following
form used in administering the regulation was filed by the agency. The form is
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of the form with a hyperlink to
access it. The form is also available from the agency contact or may be viewed
at the Office of the Registrar of Regulations, 900 East Main Street, 11th
Floor, Richmond, Virginia 23219.
FORMS (18VAC115-70)
The following form is available online only at https://www.license.dhp.virginia.gov/apply/:
Registered Peer Recovery Specialists Application and
Instructions
VA.R. Doc. No. R18-5240; Filed September 18, 2019, 11:12 a.m.