PETITIONS FOR RULEMAKING
Vol. 30 Iss. 20 - June 02, 2014

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Agency Decision

Title of Regulation: 18VAC115-20. Regulations Governing the Practice of Professional Counseling.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Jeffrey Chase.

Nature of Petitioner's Request: To amend definitions in 18VAC115-20-10 and requirements for a degree program in counseling in 18VAC115-20-49 to accept master's degree graduates of a non-CACREP clinical-counseling psychology program.

Agency's Decision: Request denied.

Statement of Reason for Decision: While the members of the Board of Counseling expressed appreciation for the value of non-CACREP psychology programs, they did not agree that such programs have a counseling identity and focus. Therefore, they declined to amend the provisions of 18VAC115-20-49, which have been in effect since April of 2000. The board suggested that the petitioner may want to direct his petition to the Board of Psychology for consideration of an amendment to its regulations.

Agency Contact: Elaine Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R14-02, Filed May 14, 2014, 2:49 p.m.

Agency Decision

Title of Regulation: 18VAC115-20. Regulations Governing the Practice of Professional Counseling.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Jacqueline Biggs.

Nature of Petitioner's Request: To amend qualifications for supervisors of residents to include art therapists.

Agency Decision: Request denied.

Statement of Reason for Decision: While the members of the Board of Counseling appreciate the role of art therapy in counseling, it is not a licensed profession and therefore not subject to the statutory and regulatory authority of the board. There is no license on which to rely for competency, so anyone could claim to be an "art therapist" and register to supervise a resident. Many art therapists are licensed professional counselors and, in that capacity, are currently able to supervise a residency. Therefore, the board voted to deny the petition and will not amend its rules.

Agency Contact: Catherine Chappell, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, or email catherine.chappell@dhp.virginia.gov.

VA.R. Doc. No. R14-17; Filed May 14, 2014, 2:50 p.m.