TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Title of Regulation: 18VAC115-30. Regulations
Governing the Certification of Substance Abuse Counselors and Substance Abuse
Counseling Assistants (amending 18VAC115-30-10 through
18VAC115-30-62, 18VAC115-30-110 through 18VAC115-30-150; adding 18VAC115-30-15,
18VAC115-30-63, 18VAC115-30-111; repealing 18VAC115-30-90).
Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the
Code of Virginia.
Effective Date: February 19, 2020.
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:
The amendments include (i) clarifying and specifying
requirements for supervised practice, (ii) adding time limits for completion of
experience, (iii) adding requirements for continuing education for renewal, and
(iv) adding standards of practice.
Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's response may be
obtained from the promulgating agency or viewed at the office of the Registrar
of Regulations.
Part I
General Provisions
18VAC115-30-10. Definitions.
A. The following words and terms when used in this chapter
shall have the meaning ascribed to them in § 54.1-3500 of the Code of
Virginia:
"Board"
"Certified substance abuse counselor"
"Certified substance abuse counseling assistant"
"Licensed substance abuse treatment practitioner"
"Practice of substance abuse treatment"
"Substance abuse" and "substance
dependence"
"Substance abuse treatment"
B. The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Applicant" means an individual who has submitted a
completed application with documentation and the appropriate fees to be
examined for certification as a substance abuse counselor or substance abuse
counseling assistant.
"Candidate" means a person who has been approved to
take the examinations for certification as a substance abuse counselor or
substance abuse counseling assistant.
"Clinical supervision" means the ongoing process
performed by a clinical supervisor who monitors the performance of the person
supervised and provides regular, documented face-to-face consultation, guidance
and education with respect to the clinical skills and competencies of the
person supervised.
"Clinical supervisor" means one who provides
case-related supervision, consultation, education and guidance for the
applicant. The supervisor must be credentialed as defined in 18VAC115-30-60 C.
"Competency area" means an area in which a person
possesses knowledge and skill and the ability to apply them in the clinical
setting.
"Contact hour" means the amount of credit
awarded for 60 minutes of participation in and successful completion of a
continuing education program.
"Didactic" means teaching-learning methods that
impart facts and information, usually in the form of one-way communication
(includes directed readings and lectures).
"Endorsement" means the waiver of the
examination requirement for certification as a substance abuse counselor for
persons currently certified or licensed in another jurisdiction.
"Group supervision" means the process of clinical
supervision of no less than two nor more than six persons in a group
setting provided by a qualified clinical supervisor.
"NAADAC" means the National Association of
Alcoholism and Drug Abuse Counselors
Association of Addiction Professionals.
"NCC AP" means the National Certification
Commission for Addiction Professionals, an affiliate of NAADAC.
"Regionally accredited" means accredited by one
of the regional accreditation agencies recognized by the U.S. Department of
Education as responsible for accrediting senior postsecondary institutions.
"Substance abuse counseling" means applying a
counseling process, treatment strategies and rehabilitative services to help an
individual to:
1. Understand his substance use, abuse or dependency; and
2. Change his drug-taking behavior so that it does not
interfere with effective physical, psychological, social or vocational
functioning.
18VAC115-30-15. Maintenance of current name and address.
A. Certified substance abuse counselors or counseling
assistants shall notify the board of any change of name, email address, or
address of record within 60 days.
B. Failure to receive a renewal notice and application
forms shall not excuse the certified substance abuse counselor or counseling
assistant from the renewal requirement.
18VAC115-30-30. Fees required by the board.
A. The board has established the following fees applicable to
the certification of substance abuse counselors and substance abuse counseling
assistants:
Substance abuse counselor annual certification renewal
|
$65
|
Substance abuse counseling assistant annual certification
renewal
|
$50
|
Substance abuse counselor initial certification by
examination:
Application processing and initial certification
|
$115
|
Substance abuse counseling assistant initial certification by
examination:
Application processing and initial certification
|
$115
|
Initial certification by endorsement of substance abuse
counselors:
Application processing and initial certification
|
$115
|
Registration of supervision
|
$65
|
Add or change supervisor to supervision
|
$30
|
Duplicate certificate
Certificate verification
|
$10
$25
|
Late renewal
|
$25
|
Reinstatement of a lapsed certificate
|
$125
|
Replacement of or additional wall certificate
|
$25
|
Returned check
|
$35
|
Reinstatement following revocation or suspension
|
$600
|
B. All fees are nonrefundable.
C. Examination fees shall be paid directly to the
examination services according to its requirements.
Part II
Requirements for Certification
18VAC115-30-40. Prerequisites for certification by examination
for substance abuse counselors.
A. A candidate Every applicant for
certification as a substance abuse counselor shall meet all the requirements
of this section and by examination shall pass the a
written examination prescribed in 18VAC115-30-90 approved by the
board. The board shall determine the passing score on the examination.
1. If an applicant fails to achieve a passing score within
two years of board approval to sit for the examination, the applicant shall
reapply according to regulations in effect at that time.
2. An applicant who has applied twice and has not passed
the examination shall not be approved to retake the examination, unless the
applicant can provide evidence of extenuating circumstances for failure to pass
the examination within the four-year period.
B. Every applicant for examination for certification by the
board shall:
1. Meet the educational and experience requirements prescribed
in 18VAC115-30-50 and 18VAC115-30-60; and
2. Submit the following to the board:
a. A completed application form;
b. Official transcript documenting coursework and
attainment of a bachelor's or post-baccalaureate degree;
c. Official transcripts or certificates verifying completion
of the didactic training requirement set forth in subsection B of
18VAC115-30-50;
d. Verification Attestation of supervisor's
education and experience as required under 18VAC115-30-60 if supervised
experience was not previously approved by the board;
e. Verification of supervision forms documenting fulfillment
of the experience requirements of 18VAC115-30-60;
f. Documentation Verification of any other
health or mental health license or certificate ever held in Virginia or in
another jurisdiction. In order to qualify for certification by examination,
the applicant shall have no unresolved action against a license or certificate.
The board will consider history of disciplinary action on a case-by-case basis;
g. A current report from the U.S. Department of Health and
Human Services National Practitioner Data Bank (NPDB); and
h. The application processing and initial certification fee;
and
i. Attestation of having read and understood the laws and regulations
governing the practice of substance abuse counseling in Virginia.
18VAC115-30-45. Prerequisites for certification by endorsement
for substance abuse counselors.
Every applicant for certification by endorsement shall
submit:
1. A completed application;
2. The application processing and initial certification
fee;
3. Verification of all health or mental health licenses or
certificates ever held in Virginia or in any other jurisdiction. In
order to qualify for endorsement, the applicant shall have no unresolved action
against a license or certificate. The board will consider history of
disciplinary action on a case-by-case basis. The board will also determine
whether any or all other professional licenses or certificates held in another
jurisdiction are substantially equivalent to those sought in Virginia;
4. A current report from the U.S. Department of Health and
Human Services National Practitioner Data Bank (NPDB);
5. Affidavit Attestation of having read and
understood the regulations and laws governing the practice of substance abuse
counseling in Virginia; and
6. Further documentation of one of the following:
a. Licensure Active, unrestricted licensure or
certification as a substance abuse counselor in another jurisdiction in good
standing obtained by standards substantially equivalent to the education
and experience requirements set forth in this chapter as verified by a
certified copy of the original application submitted directly from the
out-of-state licensing agency, or a copy of the regulations in effect at
the time of initial licensure or certification and verification of a passing
score on a licensure examination in the jurisdiction in which licensure or
certification was obtained, and that is deemed substantially equivalent by the
board; or
b. Verification of a current certification in good standing
issued by NAADAC NCC AP or other board-recognized national
certification in substance abuse counseling obtained by educational and experience
standards substantially equivalent to those set forth in this chapter; and
7. Verification of a passing score on an examination in the
jurisdiction in which licensure or certification was obtained or on a
board-approved national examination at the level for which the applicant is
seeking certification in Virginia.
18VAC115-30-50. Educational requirements for substance abuse
counselors.
A. An applicant for examination for certification as a
substance abuse counselor shall:
1. Have a bachelor's or post-baccalaureate degree; and
2. Have completed 400 240 clock hours of didactic
training in substance abuse education from one of the following programs:
a. An A regionally accredited university or
college; or
b. Seminars and workshops that meet the requirements of
subsection B of this section and are offered or approved by one of the
following:
(1) The American Association of Marriage and Family
Counselors and its state affiliates Federal, state, or local
governmental agencies; public school systems; or licensed health facilities.
(2) The American Association of Marriage and Family Therapists
and its state affiliates.
(3) The American Association of State Counseling Boards.
(4) The American Counseling Association and its state and
local affiliates.
(5) The American Psychological Association and its state
affiliates.
(6) The Commission on Rehabilitation Counselor Certification.
(7) NAADAC, The Association for Addiction Professionals
and its state and local affiliates.
(8) National Association of Social Workers.
(9) National Board for Certified Counselors.
(10) A national behavioral health organization or
certification body recognized by the board.
(11) 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.
B. Substance abuse education.
1. The education will include 220 Of the 240
hours spent in receiving of didactic training in substance abuse
counseling, a minimum of 120 hours shall be completed prior to registration
of supervision.
2. Each applicant shall have received a minimum of 10
16 clock hours in each of the following eight 13 areas:
a. Understanding the dynamics Dynamics of human
behavior;
b. Signs and symptoms of substance abuse;
c. Treatment approaches Counseling theories and
techniques;
d. Continuum of care and case management skills;
e. Recovery process and relapse prevention methods;
f. Ethics Professional orientation and ethics;
g. Professional identity in the provision of substance
abuse services Pharmacology of abused substances; and
h. Crisis Trauma and crisis intervention.;
i. Co-occurring disorders;
j. Cultural competency;
In addition, each applicant shall have at least 20 hours in
each of the following two areas:
(i) k. Substance abuse counseling approaches
and treatment planning and substance abuse research; and
(ii) l. Group counseling; and
m. Prevention, screening, and assessment of substance use
and abuse.
2. The education shall also consist of 180 hours of
experience performing the following tasks with substance abuse clients:
a. Screening clients to determine eligibility and
appropriateness for admission to a particular program;
b. Intake of clients by performing the administrative and
initial assessment tasks necessary for admission to a program;
c. Orientation of new clients to program's rules, goals,
procedures, services, costs and the rights of the client;
d. Assessment of client's strengths, weaknesses, problems,
and needs for the development of a treatment plan;
e. Treatment planning with the client to identify and rank
problems to be addressed, establish goals, and agree on treatment processes;
f. Counseling the client utilizing specialized skills in
both individual and group approaches to achieve treatment goals and objectives;
g. Case management activities that bring services,
agencies, people and resources together in a planned framework of action to
achieve established goals;
h. Crisis intervention responses to clients' needs during
acute mental, emotional or physical distress;
i. Education of clients by providing information about drug
abuse and available services and resources;
j. Referral of clients in order to meet identified needs
unable to be met by the counselor and assisting the client in effectively
utilizing those resources;
k. Reporting and charting information about client's
assessment, treatment plan, progress, discharge summaries and other
client-related data; and
l. Consultation with other professionals to assure
comprehensive quality care for the client.
Each of these tasks shall be performed for at least eight
hours under supervision and shall be verified as a part of the application by
the supervisor.
C. Groups and classes attended as a part of a therapy or
treatment program will not be accepted as any part of the educational
experience.
18VAC115-30-60. Experience requirements for substance abuse
counselors.
A. Registration. Supervision in Virginia shall be
registered and approved by the board prior to the beginning of supervised
experience in order to be counted toward certification. Supervision obtained
without prior board approval will not be accepted if it does not meet the
requirements set forth in subsections B and C of this section. To register
supervision for board approval prior to obtaining the supervised experience, an
applicant shall submit in one package:
1. A supervisory contract;
2. Verification Attestation of the supervisor's
education and experience as required under subsection subsections
C and D of this section; and
3. The registration fee;
4. An official transcript documenting attainment of a
bachelor's or post-baccalaureate degree; and
5. Evidence of completion of at least 120 hours of didactic
education as required by 18VAC115-30-50 B.
B. Experience requirements.
1. An applicant for certification as a substance abuse
counselor shall have had 2,000 hours of supervised experience in the delivery
of clinical practice of substance abuse counseling services.
2. The supervised experience shall include a minimum of one
hour and a maximum of four hours per week of supervision 40 hours of
work experience between the supervisor and the applicant to total 100 hours
within the required experience. No more than half of these hours may be
satisfied with group supervision. One hour of group supervision will be deemed
equivalent to one hour of individual supervision.
3. Applicants must document successful completion of their
The supervised experience on the Verification of Supervision Form at
the time of application shall be completed in not less than 12 months
and not more than 60 months.
a. Supervisees who began a supervised experience before [ (insert
effective date of this regulation) February 19, 2020, ] shall
complete the supervised experience by [ (insert 60 months after
the effective date) February 19, 2025 ].
b. An individual who does not complete the supervised
experience within 60 months may request an extension and shall submit evidence
to the board demonstrating the extenuating circumstances that prevented
completion of the supervised experience within the required timeframe.
4. Supervised experience obtained more than 10 years from [ (insert
effective date of this regulation) February 19, 2020, ] shall
not be accepted for certification by examination. The board may make an
exception for an applicant who has been providing substance abuse counseling
for a minimum of 2,000 hours within the past 60 months and who can submit
evidence of such experience.
5. During the supervised experience, supervisees shall use
their names and the title "supervisee" in all written communications.
Clients shall be informed in writing of the supervisee's status and the
supervisor's name, professional address, and phone number.
6. The supervised experience shall consist of 160 hours of
experience performing the following tasks with substance abuse clients. Each of
the following tasks shall be performed for at least eight hours under
supervision as verified by the supervisor on an application for certification:
a. Screening clients to determine eligibility and
appropriateness for admission to a particular program;
b. Intake of clients by performing the administrative and
initial assessment tasks necessary for admission to a program;
c. Orientation of new clients to program's rules, goals,
procedures, services, costs, and the rights of the client;
d. Assessment of client's strengths, weaknesses, problems,
and needs for the development of a treatment plan;
e. Treatment planning with the client to identify and rank
problems to be addressed, establish goals, and agree on treatment processes;
f. Counseling the client utilizing specialized skills in
both individual and group approaches to achieve treatment goals and objectives;
g. Case management activities that bring services,
agencies, people, and resources together in a planned framework of action to
achieve established goals;
h. Crisis intervention responses to a client's needs during
acute mental, emotional, or physical distress;
i. Education of clients by providing information about drug
abuse and available services and resources;
j. Referral of clients in order to meet identified needs
unable to be met by the counselor and assisting the client in effectively
utilizing those resources;
k. Reporting and charting information about a client's
assessment, treatment plan, progress, discharge summaries, and other
client-related data; and
l. Consultation with other professionals to assure
comprehensive quality care for the client.
C. Supervisor qualifications. A board-approved clinical
supervisor shall hold an active, unrestricted license or certification and
shall be:
1. A licensed substance abuse treatment practitioner;
2. A licensed professional counselor, licensed clinical
psychologist, licensed clinical social worker, licensed marriage and family
therapist, medical doctor, or registered nurse, and possess either who
has either:
a a. A board-recognized national certification
in substance abuse counseling obtained by standards substantially equivalent to
those set forth in this chapter,;
b. A certification as a substance abuse counselor issued by
this board; or
a c. A minimum of one year [ of ]
experience in substance abuse counseling and at least 100 hours of didactic training
covering the areas outlined in 18VAC115-30-50 B 1 2 a through h
2 m; or
3. A substance abuse counselor certified by the Virginia Board
of Counseling who has: a. Board-recognized national certification in
substance abuse counseling obtained by standards substantially equivalent to
those set forth in this chapter; or b. Two two years of
experience as a Virginia board-certified substance abuse counselor.
D. Supervisor training. In order to be approved by the
board after [ (insert 12 months after the effective date of this
regulation) February 19, 2021 ], a clinical supervisor
shall obtain professional training in supervision consisting of three credit
hours or four quarter hours in graduate-level coursework in supervision or at
least 20 hours of continuing education in supervision offered by a provider
approved under 18VAC115-30-50.
E. Supervisory responsibilities.
1. Supervisors shall assume responsibility for the
professional activities of the prospective applicants supervisee
under their supervision.
2. Supervisors shall not provide supervision for activities
for which prospective applicants supervisees have not had
appropriate education.
3. Supervisors shall provide supervision only for those
substance abuse counseling services that they are qualified to render.
4. At the time of formal the application for
certification by examination, the board-approved supervisor shall
document minimal competencies in the areas in 18VAC115-30-60 B 6, the applicant's
total hours of supervision, length of work experience, competence in
substance abuse counseling and any needs for additional supervision or
training. The supervisor shall document successful completion of the
applicant's supervised experience on the Verification of Supervision Form and
shall maintain documentation for five years post supervision.
5. Supervision by any individual whose relationship to the
supervisee compromises the objectivity of the supervisor is prohibited.
18VAC115-30-61. Prerequisites for certification by examination
for substance abuse counseling assistant.
A. A candidate Every applicant for
certification as a substance abuse counseling assistant shall meet all the
requirements of this section, including passing pass a written
examination approved by the board. The board shall determine the passing score
on the examination prescribed in 18VAC115-30-90.
1. If an applicant fails to achieve a passing score within
two years of board approval to sit for the examination, the applicant shall
reapply according to regulations in effect at that time.
2. An applicant who has applied twice and has not passed
the examination shall not be approved to retake the examination, unless the
applicant can provide evidence of extenuating circumstances for failure to pass
the examination within the four-year period.
B. Every applicant for examination for certification by the
board shall:
1. Meet the educational and experience requirements
prescribed in 18VAC115-30-62 and 18VAC115-30-63; and
2. Submit the following to the board within the time frame
timeframe established by the board:
a. A completed application form;
b. Official transcript documenting attainment of a high school
diploma or, a general education development (GED) certificate,
or a post-secondary degree; and
c. The application processing and initial certification fee;
d. Verification of all health or mental health licenses or
certificates ever held in Virginia or in any other jurisdiction. In order to
qualify for certification, the applicant shall have no unresolved action
against a license or certificate. The board will consider the history of
disciplinary action on a case-by-case basis; and
e. A current report from the U.S. Department of Health and
Human Services National Practitioner Data Bank (NPDB).
18VAC115-30-62. Educational requirements for substance abuse
counseling assistants.
A. An applicant for certification as a substance abuse
counseling assistant shall:
1. Have an official obtained a high school
diploma or, a general educational development (GED) certificate,
or a post-secondary degree; and
2. Have completed 300 clock hours of substance abuse
education from one of the following programs:
a. An A regionally accredited university or
college; or
b. Seminars and workshops that meet the educational
requirements specified in subsection B of this section and are offered or
approved by one of the following:
(1) The American Association of Marriage and Family
Counselors and its state affiliates Federal, state, or local
governmental agencies; public school systems; or licensed health facilities.
(2) The American Association of Marriage and Family Therapists
and its state affiliates.
(3) The American Association of State Counseling Boards.
(4) The American Counseling Association and its state and
local affiliates.
(5) The American Psychological Association and its state
affiliates.
(6) The Commission on Rehabilitation Counselor Certification.
(7) NAADAC, The Association for Addiction Professionals
and its state and local affiliates.
(8) National Association of Social Workers.
(9) National Board for Certified Counselors.
(10) A national behavioral health organization or
certification body recognized by the board.
(11) 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.
B. Substance abuse education. 1. The education will
include 120 hours spent in receiving didactic training in substance abuse
counseling. Each applicant shall have received a minimum of 10 eight
clock hours in each of the following eight 13 areas:
a. Understanding the dynamics of human behavior;
b. Signs and symptoms of substance abuse;
c. Treatment approaches Counseling theories and
techniques;
d. Case management skills and continuum of care;
e. Recovery process and relapse prevention methods;
f. Ethics Professional orientation and ethics;
g. Professional identity in the provision of substance
abuse services Cultural competency; and
h. Crisis Trauma and crisis intervention;
i. Pharmacology of abused substances;
j. Co-occurring disorders;
k. Substance abuse counseling approaches and treatment
planning;
l. Group counseling; and
m. Prevention, screening, and assessment of substance use
and abuse.
2. The education shall include 180 hours of experience
performing the following tasks with substance abuse clients while under
supervision:
a. Screening clients and gathering information used in
making the determination for the need for additional professional assistance;
b. Intake of clients by performing the administrative tasks
necessary for admission to a program;
c. Orientation of new clients to program's rules, goals,
procedures, services, costs and the rights of the client;
d. Assisting the client in identifying and ranking problems
to be addressed, establish goals, and agree on treatment processes;
e. Implementation of a substance abuse treatment plan as
directed by the supervisor;
f. Implementation of case management activities that bring
services, agencies, people and resources together in a planned framework of
action to achieve established goals;
g. Assistance in identifying appropriate crisis
intervention responses to clients' needs during acute mental, emotional or
physical distress;
h. Education of clients by providing information about drug
abuse and available services and resources;
i. Facilitating the client's utilization of available
support systems and community resources to meet needs identified in clinical
valuation or treatment planning;
j. Reporting and charting information about client's
treatment, progress, and other client-related data; and
k. Consultation with other professionals to assure
comprehensive quality care for the client.
Each of these tasks shall be performed for at least eight
hours under supervision and shall be verified as a part of the application by
the supervisor.
C. Groups and classes attended as a part of a therapy or
treatment program shall not be accepted as any part of the educational
experience.
18VAC115-30-63. Experience requirements for substance abuse
counseling assistants.
A. In addition to the didactic training required in
18VAC115-30-62, the education shall include 180 hours of experience in a
practicum or internship consistent with § 54.1-3507.2 C of the Code of
Virginia performing the following tasks with substance abuse clients while
under supervision:
1. Screening clients and gathering information used in
making the determination for the need for additional professional assistance;
2. Intake of clients by performing the administrative tasks
necessary for admission to a program;
3. Orientation of new clients to program's rules, goals,
procedures, services, costs, and the rights of the client;
4. Assisting the client in identifying and ranking problems
to be addressed, establishing goals, and agreeing on treatment processes;
5. Implementation of a substance abuse treatment plan as
directed by the supervisor;
6. Implementation of case management activities that bring
services, agencies, people, and resources together in a planned framework of
action to achieve established goals;
7. Assistance in identifying appropriate crisis
intervention responses to a client's needs during acute mental, emotional, or
physical distress;
8. Education of clients by providing information about drug
abuse and available services and resources;
9. Facilitating the client's utilization of available
support systems and community resources to meet needs identified in clinical
valuation or treatment planning;
10. Reporting and charting information about the client's
treatment, progress, and other client-related data; and
11. Consultation with other professionals to assure
comprehensive quality care for the client.
B. Each of these tasks shall be performed for at least
eight hours under supervision and shall be verified as a part of the
application by the supervisor.
C. Groups and classes attended as a part of a therapy or
treatment program shall not be accepted as any part of the educational experience.
Part III
Examinations
18VAC115-30-90. General examination requirements for
substance abuse counselors and substance abuse counseling assistants. (Repealed.)
A. Every applicant for certification as a substance abuse
counselor or substance abuse counseling assistant by examination shall pass a
written examination approved by the board. The board shall determine the
passing score on the examination.
B. Every applicant for certification by endorsement shall
have passed an examination deemed by the board to be substantially equivalent
to the Virginia examination.
Part IV III
Renewal and Reinstatement
18VAC115-30-110. Annual renewal of certificate.
A. Every certificate issued by the board shall expire on June
30 of each year.
B. Along with the renewal form, the certified substance abuse
counselor or certified substance abuse counseling assistant shall submit the
renewal fee prescribed in 18VAC115-30-30 and shall attest to completion of
continuing education as required by 18VAC115-30-111.
C. Certified individuals shall notify the board of a
change in the address of record or the public address, if different from the
address of record within 60 days. Failure to receive a renewal notice and
application forms shall not excuse the certified substance abuse counselor from
the renewal requirement.
18VAC115-30-111. Continuing education requirements.
A. Certified substance abuse counselors shall be required
to have completed a minimum of 10 contact hours of continuing education in
substance abuse and certified substance abuse counseling assistants shall be
required to have completed a minimum of five contact hours of continuing
education in substance abuse prior to renewal each year.
1. Continuing education hours shall be offered by an approved
provider listed in 18VAC115-30-50 A or 18VAC115-30-62 A, and the course content
shall be consistent with 18VAC115-30-50 B or 18VAC115-30-62 B.
2. Attestation of completion of continuing education is not
required for the first renewal following initial certification in Virginia.
B. 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 certificate holder prior to the renewal date. Such
extension shall not relieve the certificate holder of the continuing education
requirement.
C. The board may grant an exemption for all or part of the
continuing education requirements due to circumstances beyond the control of
the certificate holder such as temporary disability, mandatory military
service, or officially declared disasters upon written request from the
certificate holder prior to the renewal date.
D. All certificate holders are required to maintain
original documentation, including official transcripts showing credit hours
earned or certificates of participation, for a period of three years following
renewal.
E. The board may conduct an audit of certificate holders
to verify compliance with the requirement for a renewal period. Upon request, a
certificate holder shall provide documentation of credit hours or
participation.
F. Continuing education hours required by disciplinary
order shall not be used to satisfy renewal requirements.
18VAC115-30-120. Reinstatement.
A. A person whose certificate has expired may renew it within
one year after its expiration date by paying the late renewal fee prescribed in
18VAC115-30-30 and the certification fee prescribed for the year the
certificate was not renewed.
B. A person who fails to renew a certificate after one year
or more shall apply:
1. Apply for reinstatement, pay;
2. Pay the reinstatement fee for a lapsed certificate and
submit;
3. Submit verification of any other health or mental health
license or certificate ever held in another jurisdiction;
4. Submit a current report from the U.S. Department of
Health and Human Services National Practitioner Data Bank; and
5. Submit evidence of a minimum of 20 hours of
substance abuse education that is consistent with course content specified in subsection
B of 18VAC115-30-50 B for substance abuse counselors and in
18VAC115-30-62 for substance abuse counseling assistants to demonstrate the
continued ability to perform the functions within the scope of practice of the
certificate. Courses shall be offered or approved by a provider listed in
18VAC115-30-50 A or 18VAC115-30-62 A.
Part V
Standards of Practice; Disciplinary Actions; Reinstatement
18VAC115-30-140. 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 certified 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 for diagnostic or therapeutic purposes.
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 certified substance abuse
counselors or certified substance abuse counseling assistants.
5. Neither accept nor give commissions, rebates, or other
forms of remuneration for referral of clients for professional services. 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 a
counseling relationship when it becomes clear that the client is not benefiting
from the relationship. Document the assistance provided in making arrangements
for the continuation of treatment for clients when necessary, following
termination of a counseling relationship.
8. 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.
C. In regard to client records, persons certified by the
board shall:
6. 1. Disclose counseling records to others only
in accordance with the requirements of state and federal statutes and
regulations, including, but not limited to §§ 32.1-127.1:03 (Patient
Health Records Privacy Act), 2.2-3704 (Virginia Freedom of Information Act),
and 54.1-2400.1 (Mental Health Service Providers; Duty to Protect Third
Parties; Immunity) of the Code of Virginia; 42 USC § 290dd-2
(Confidentiality of Drug and Alcohol Treatment Records); and 42 CFR Part 2
(Alcohol and Drug Abuse Patient Records and Regulations) applicable law.
2. 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.
3. Ensure confidentiality in the usage of client records
and clinical materials by obtaining informed consent from the client or the
client's legally authorized representative before (i) videotaping, (ii) audio
recording, (iii) permitting third-party observation, or (iv) using identifiable
client records and clinical materials in teaching, writing, or public
presentations.
4. Maintain timely, accurate, legible, and complete written
or electronic records for each client, to include counseling dates and
identifying information to substantiate the substance abuse counseling plan,
client progress, and termination.
5. Maintain client records for a minimum of five years or
as otherwise required by law from the date of termination of the counseling
relationship with the following exceptions:
a. At minimum, records of a minor child shall be maintained
for five years after attaining the age of majority (18 years);
b. Records that are required by contractual obligation or
federal law to be maintained for a longer period of time; or
c. Records that have been transferred to another mental
health service provider or given to the client or the client's legally
authorized representative.
D. In regard to dual relationships, persons certified by
the board shall:
7. 1. Not engage in dual relationships with
clients, former clients, supervisees, and supervisors that are harmful
to the client's or supervisee's well being, well-being or which
that would impair the substance abuse counselor's, substance abuse
counseling assistant's, or supervisor's objectivity and professional
judgment, or increase the risk of client or supervisee exploitation.
This prohibition includes, but is not limited to, such activities as
counseling close friends, former sexual partners, employees, or
relatives; or engaging in business relationships with clients.
Engaging 2. Not engage in sexual intimacies or
romantic relationships with current clients or supervisees is strictly
prohibited. For at least five years after cessation or termination of
professional services, certified substance abuse counselors and certified
substance abuse counseling assistants shall not engage in sexual intimacies or
romantic relationships with a client or those included in collateral
therapeutic services. Since Because sexual or romantic
relationships are potentially exploitative, certified substance abuse
counselors and certified substance abuse counseling assistants 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 certified substance abuse counselor or certified substance abuse
counseling assistants does not change the nature of the conduct nor lift the
regulatory prohibition.
8. 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 provider is or may be guilty of a
violation of standards of conduct as defined in statute or regulation, persons
certified by the board shall advise their clients of their right to report such
misconduct to the Department of Health Professions in accordance with § 54.1-2400.4
of the Code of Virginia.
18VAC115-30-150. Grounds for revocation, suspension, restriction
or denial of certificate; petition for rehearing disciplinary action,
denial of initial certification, or denial of renewal of certification.
In accordance with subdivision 7 of § 54.1-2400(7)
54.1-2400 and § 54.1-2401 of the Code of Virginia, the board may revoke,
suspend, restrict, impose a monetary penalty, or decline to issue or
renew a certificate 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 substance abuse counseling, or any
provision of this chapter;
2. Procuring a certificate, including submission of an
application or supervisory forms, 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 substance abuse counseling with reasonable skill and
safety to clients by reason of illness, abusive use of alcohol, drugs,
narcotics, chemicals, or any other type of material or as a result of any
mental or physical condition;
4. Negligence in professional conduct or nonconformance
with the standards of practice outlined in 18VAC115-30-140 or Violating
or abetting another person in the violation of any provision of any statute
applicable to the practice of substance abuse counseling or any regulation in
this chapter;
5. Performance of functions outside the board-certified area
of competency in accordance with regulations set forth in this chapter and
§§ 54.1-3507.1 and 54.1-3507.2 of the Code of Virginia;
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. Failure to cooperate with an employee of the Department
of Health Professions in the conduct of an investigation;
9. 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; or
10. Action taken against a health or mental health license,
certification, registration, or application in Virginia or another
jurisdiction.
VA.R. Doc. No. R17-4945; Filed December 23, 2019, 3:43 p.m.