TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Agency Decision
Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services.
Statutory Authority: §§ 37.2-100 and 37.2-400 - 37.2-432 of the Code of Virginia.
Name of Petitioner: Willard Vaughn, MA, LPC, CTMH.
Nature of Petitioner's Request: The petitioner requests that the board clarify and amend the training and certification requirements for preadmission screening providers to allow for coordination of care with private providers under the Marcus-David Peters Alert Act (§ 37.2-311.1 et seq. of the Code of Virginia).
This petition for rulemaking is brought to the State Board of Behavioral Health and Developmental Services (DBHDS) under its legal authority to take the action requested pursuant to §§ 37.2-203 and 37.2-311.3 of the Code of Virginia and 12VAC35-105-30. This petition for rulemaking is filed in accordance with § 2.2-4007 of the Code of Virginia is to clarify and amend the Enhanced Qualifications for Preadmission Screening Clinicians and expand its reach in the spirit of public-private cooperation under the Marcus-David Peters Act.
"The Department of Behavioral Health and Developmental Services first published a memorandum explaining that the agency would be mandating enhanced qualifications for 'Community Services Boards and Behavioral Health Authorities evaluators who provide recommendations and prepare preadmission screening reports' on March 29, 2016. On July 1, 2016, DBHDS published a document entitled Certification of Preadmission Screening Clinicians which states in part (see https://dbhds.virginia.gov/behavioral-health/mental-health-services/protocols-and-procedures/): 'Effective July 1, 2016, anyone conducting a preadmission screening evaluation pursuant to requirements in the Code of Virginia must hold a valid certification from DBHDS as a Certified Preadmission Prescreening Clinician…Application for this certification must be submitted…using the designated forms and approved before the individual may independently conduct preadmission screening evaluations…Upon submission and review of a completed application, DBHDS will issue a Certificate. The certification will be valid for one or two years and must be renewed annually or biannually as specified below. Recertification must be requested prior to the expiration of a current certificate.'
The document goes on to outline educational and precepting requirements, requirements for supervision, the need for continuing education, and quality assurance practices. DBHDS created these regulations presumably under statutory authority found in §§ 37.2-203 and 37.2-404 of the Code of Virginia.
In 2021 the Marcus-David Peters Act was passed by the General Assembly and is codified in §§ 37.2-311.1 through 37.2-312 of the Code of Virginia. This law mandates that DBHDS take the lead in organizing and implementing the tenants of the act including: '...The Department shall establish additional Marcus alert and community care teams…[and] No later than July 1, 2026 all community services board and behavioral health authority geographical areas shall have established Marcus alert system that uses a community care or mobile crisis team...' which allows for DBHDS to explore the use of public-private partnerships to achieve the mission set forth in the Marcus-David Peters Act. However, this is already provided for in the Community Services Performance Contract that is completed between the department and community services boards every two years under section twelve regarding contracting and subcontracting. Until the passage of the Marcus Alert Act, this was underutilized for crisis intervention services, even to the detriment of the population served by the particular Community Services Board.
Finally, multiple code sections reference the requirement of an evaluation needing to be completed by 'The community services board or its designee' including: §§ 16.1-340, 16.1-340.1, 16.1-340.1:1, 37.2-808(b),(c),(l), and 37.2-809(a),(d),(e),(g),(l) of the Code of Virginia.
Now, having established that DBHDS has and exercised statutory authority to stipulate the requirements necessary for an individual to become a certified preadmission screening clinician, that DBHDS has the responsibility under the law to form public-private partnerships for the good of the citizens of the Commonwealth, and that the law can allow for such partnerships, the present author hereby requests the Enhanced Qualifications for Preadmission Screening Clinicians be amended.
Petition for rule change:
Page 1, Section 2 entitled 'Enhanced Qualifications for Certified Preadmission Screening Clinicians Beginning July 1, 2016'
Present author requests that this section be amended to include a stipulation for providers that are not employed directly by a Community Services Board and requests that it read as follows: Any licensed professional (LMHP), Qualified Mental Health Provider (QMHP), Certified Substance Abuse Clinician (CSAC), or Certified Peer Specialist (CPS) that is not employed directly by a Community Services Board may have their employer apply for certification under these guidelines provided that the employer is licensed by DBHDS as a provider of mobile crisis response, crisis stabilization, partial hospitalization, or is a licensed psychiatric hospital, and has a signed written agreement with the regional crisis hub that would serve their geographic location.
In addition, the employer must show that the individual has held a certified preadmission prescreening clinician certification within the past ten years or that they have completed all of the other requirements set forth herein. Further, an agency that is not a community services board but is licensed as a provider of mobile crisis response, crisis stabilization, partial hospitalization, or a licensed psychiatric hospital must have any employee desiring certification by this standard supervised by an LMHP and have such an individual available 24 hours a day, seven days a week to the perspective clinician regardless of their length of time serving in this capacity.
If certified, the individual will be considered a designee of the Community Services Board that serves the area where the client is physically located during the time of assessment, or that provides outpatient treatment to the client with all powers granted under applicable law.
Amendments in General:
Petitioner asks that any reference to 'the Board,' 'CSB,' or 'Community Services Board' mentioned in the document be replaced by more neutral language such as 'agency,' 'clinic,' or 'facility'."
Agency Decision: Request denied.
Statement of Reason for Decision: The State Board of Behavioral Health and Developmental Services voted unanimously to deny the petition as it is outside of the scope of the board. Specifically, the changes sought by the petitioner would require legislative changes to state law as the requirements for prescreeners are in Chapter 8 (§ 37.2-800 et seq.) of Title 37.2 of the Code of Virginia (primarily §§ 37.2-808 and 37.2-809 of the Code of Virginia, as the petitioner cited in part) and also, Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 of the Code of Virginia (namely §§ 16.1-339 and 16.1-345 of the Code of Virginia). Until the Code of Virginia is changed, the changes requested are not possible nor could they be made in regulation as law must precede regulatory change. Also, requirements for prescreeners are in agreement between the Department of Behavioral Health and Developmental Services and community service boards through administrative memos and in the annual Performance Contract. These requirements for who is a prescreener and who must have a certification for them are not in regulation. The recommendation for amendment to "Enhanced Qualifications for Certified Preadmission Screening Clinicians Beginning 01 July 2016" is an administrative memo. Such administrative action is outside the purview of the board. Therefore, the petition was denied as it is outside of the scope of the authority of the board.
Agency Contact: Ruth Anne Walker, Director of Regulatory Affairs and Board Liaison, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA, 23219, telephone (804) 225-2252, or email ruthanne.walker@dbhds.virginia.gov.
VA.R. Doc. No. PFR22-32; Filed July 21, 2022, 1:58 p.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF DENTISTRY
Agency Decision
Title of Regulation: 18VAC60-25. Regulations Governing the Practice of Dental Hygiene.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Joyce Turcotte.
Nature of Petitioner's Request: Acceptance of a refresher course that is a dental hygiene program recognized by the American Dental Association and American Academy of Dental Hygiene for license reinstatement for experienced dental hygienists.
Agency Decision: Request granted.
Statement of Reason for Decision: The Board of Dentistry considered this issue at its meeting on June 10, 2022. The board decided to initiate rulemaking to implement this requested change, as well as similar changes to the regulations governing dentists and dental assistants II.
Agency Contact: Jamie Sacksteder, Acting Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4581, or email jamie.sacksteder@dhp.virginia.gov.
VA.R. Doc. No. PFR22-20; Filed July 13, 2022, 2:26 p.m.
BOARD OF SOCIAL WORK
Initial Agency Notice
Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Joseph Lynch, LCSW.
Nature of Petitioner's Request: The petitioner requests that the Board of Social Work amend 18VAC140-20-50, which provides the experience requirements for a licensed clinical social worker, to require a supervisee working toward becoming a licensed clinical social worker to obtain licensure as a licensed master's social worker while obtaining required experience under supervision.
Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on August 15, 2022, and on the Virginia Regulatory Town Hall. Public comment opens August 15, 2022, and closes September 14, 2022. The Board of Social Work will consider the petition and all comments in support or opposition at its meeting currently scheduled for September 23, 2022. The petitioner will be notified of the board's decision after that meeting.
Public Comment Deadline: September 14, 2022.
Agency Contact: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Henrico, VA, 23233, telephone (804) 367-4441, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR22-42; Filed July 20, 2022, 1:26 p.m.