TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF COUNSELING
Fast-Track Regulation
Title of Regulation: 18VAC115-30. Regulations Governing the Certification of Substance Abuse
Counselors and Substance Abuse Counseling (amending 18VAC115-30-10, 18VAC115-30-30,
18VAC115-30-40, 18VAC115-30-45, 18VAC115-30-50, 18VAC115-30-60, 18VAC115-30-61,
18VAC115-30-62, 18VAC115-30-90, 18VAC115-30-120, 18VAC115-30-150).
Statutory Authority: §§ 54.1-2400 and
54.1-3505 of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comments: Public comments may be
submitted until 5 p.m. on September 30, 2009.
Effective Date: October 15, 2009.
Agency Contact: Evelyn B. Brown, Executive
Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Richmond, VA
23233, telephone (804) 367-4488, FAX (804) 527-4435, or email
evelyn.brown@dhp.virginia.gov.
Basis: Regulations are promulgated under the general
authority of Chapter 24 (§ 54.1-2400 et seq.) of Title 54.1 of the Code of
Virginia. Section 54.1-2400 provides the Board of Counseling the authority to
promulgate regulations to administer the regulatory system.
Specific regulatory authority for the powers
and duties of the Board of Counseling is found in § 54.1-3505.
Purpose: The purpose of the proposed action is to
clarify requirements so applicants and certificate holders are better able to
comply with regulations. Other changes are intended to improve the competency
of those certified by the board to counsel individuals with substance abuse
problems. For example, more specificity about evidence of continued ability is
necessary for an applicant for reinstatement to be assured that the counselor
or assistant is minimally competent and safe to return to practice. These and
other changes are intended to assist the board in certifying practitioners who
can safely and effectively counsel persons with substance abuse issues.
Rationale for Using Fast-Track Process: The proposed action is the
result of a periodic review of regulations for which there was no comment
received and no substantive changes recommended. Since the amendments are
primarily intended to add specificity to regulations that have been confusing,
the board does not expect there to be any controversy with the proposed action.
Substance: The following changes are proposed:
An "individualized program" has
been deleted to allow a Person to complete the 400 hours in seminars and
workshops offered by the same providers that are approved for continuing
education in regulations for licensed substance abuse treatment practitioners.
The amendments will clarify the regulations and the means by which a person can
obtain the required number of hours. They will also ensure some professional
oversight of seminars and workshops used to complete educational requirements.
The requirement for 100 hours of supervision
to be face-to-face has been replaced by "individual" supervision to
allow more flexibility in obtaining supervision. Amendments also specify a
minimum and maximum number of hours per week, so there is some consistency in
supervision throughout the supervised experience.
The requirement to provide evidence of
current competency to practice in order to reinstate certification has been
amended to specify that the evidence must consist of 20 hours of substance
abuse education obtained through seminars and workshops or by coursework at an
educational institution.
Issues: The primary advantage to the public is the
continued assurance that those who are board certified are minimally competent
to provide services. There are no disadvantages.
The primary advantage to the agency is
clarification and specificity for several rules that have been confusing or
ill-defined.
There are no other pertinent matters of
interest.
The Department of Planning and Budget's
Economic Impact Analysis:
Summary of the Proposed Amendments to
Regulation. The Board of Counseling (Board) proposes to amend the Regulations
Governing the Certification of Substance Abuse Counselors by: 1) removing
obsolete terms, 2) adding clarifying language, 3) listing the board-approved
organizations for seminars and workshops, 4) repealing the requirement that
supervisors submit official transcripts of a high school diploma or general
education development certificate, 5) replacing the "face to face"
supervision requirement with a requirement for "individual"
supervision, 6) amending the experience requirement from "an average of
two hours" to "a minimum of one hour and a maximum of four hours per
week," and 7) specifying that reinstatement requires that the applicant
submit evidence that a minimum of 20 hours of substance abuse education has
been obtained.
Result of Analysis. The benefits likely
exceed the costs for one or more proposed changes. There is insufficient data
to accurately compare the magnitude of the benefits versus the costs for other
changes.
Estimated Economic Impact. Both the proposed
and current regulations require that applicants for certification as a
substance abuse counselor or substance abuse counseling assistant complete
respectively 400 clock hours or 300 clock hours of substance abuse education.
Under the current regulations applicants may obtain the education from an
accredited university or college or via seminars and workshops to be approved
by the Board at the time of application. The Board proposes to list the
approved organizations from which seminars and workshops must either be taken
from or approved by to qualify for board-approved education. According to the
Department of Health Professions (Department), this is the same list that is
currently used in practice by the Board. Thus, this proposed amendment will be
beneficial for applicants in that they will not mistakenly waste their time in
seminars and workshops that will not be approved by the Board.
The current regulations require that
supervisors submit official transcripts of a high school diploma or general
education development certificate. Since supervisors must also hold a license
or certification issued by the Board, there is little benefit garnered from requiring
that a high school diploma or general education development certificate be
sent. The Board proposes to no longer require that transcripts be sent. Since
obtaining and sending official transcripts involves time costs and postage,
this proposal will create a net benefit by reducing cost without affecting the
competence of approved supervisors in practice.
Both the proposed and current regulations
require 100 hours of supervised experience and that no more than half of those
hours may be under group supervision. The current regulations require that
there be an average of two hours of face-to-face supervision per week. The
Board proposes two changes: 1) "an average of two hours" is converted
to "a minimum of one hour and a maximum of four hours," and 2)
"face-to-face" is amended to "individual." According to the
Department, the first change is proposed "so there is some consistency in
supervision throughout the supervised experience." There may be a small
cost associated with this change in that it reduces flexibility of schedules,
but the Board believes the benefit of consistent supervision over time exceeds
that cost. The second change is proposed to allow for the use of modern
technology to enable one-to-one supervision with its accompanying benefits without
the associated costs of always being physically present in the same room.
The current regulations state that "A
person who fails to renew a certificate after one year or more shall apply for
reinstatement, pay the reinstatement fee for a lapsed license and submit
evidence regarding the continued ability to perform the functions within the
scope of practice of the license." The Board proposes to specify that the
evidence be a minimum of 20 hours of substance abuse education that is
consistent with the course content required for initial certification.
According to the Department, this is consistent with what the Board currently
requires in practice. Placing this language in regulation will be beneficial in
that it will reduce confusion and reduce the likelihood of inconsistency of
treatment of different individuals with similar circumstances.
Businesses and Entities Affected. The
proposed amendments affect applicants for substance abuse counselor
certification and substance abuse counseling assistant certification, and
potentially the current 1597 certified substance abuse counselors and 61
certified substance abuse counseling assistants.1
Localities Particularly Affected. The
proposed amendments do not disproportionately affect particular localities.
Projected Impact on Employment.The proposed
amendments will not significantly affect the quantity of jobs.
Effects on the Use and Value of Private
Property. Private health systems which employ certified substance abuse
counselors and certified substance abuse counseling assistants may gain some
flexibility in how they assign staff due to the proposal to amend
"face-to-face" supervision to "individual" supervision. On
the other hand, the proposal to change the requirement for an average of two
hours of face-to-face supervision per week to a minimum of one hour and a
maximum of four hours may reduce some flexibility in how they assign staff.
Neither change should significantly affect the value of the private health
systems.
Small Businesses: Costs and Other Effects.
The proposed amendments are unlikely to significantly affect small businesses.
Most or all certified substance abuse counselors and certified substance abuse
counseling assistants work for public agencies or large health systems.
Small Businesses: Alternative Method that
Minimizes Adverse Impact. The proposed amendments are unlikely to significantly
affect small businesses.
Real Estate Development Costs. The proposed
amendments are unlikely to significantly affect real estate development costs.
Legal Mandate. The Department of Planning and
Budget (DPB) has analyzed the economic impact of this proposed regulation in
accordance with § 2.2-4007.04 of the Administrative Process Act and
Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic
impact analyses include, but need not be limited to, the projected number of
businesses or other entities to whom the regulation would apply, the identity
of any localities and types of businesses or other entities particularly
affected, the projected number of persons and employment positions to be
affected, the projected costs to affected businesses or entities to implement
or comply with the regulation, and the impact on the use and value of private
property. Further, if the proposed regulation has adverse effect on small
businesses, § 2.2-4007.04 requires that such economic impact analyses
include (i) an identification and estimate of the number of small businesses
subject to the regulation; (ii) the projected reporting, recordkeeping, and
other administrative costs required for small businesses to comply with the
regulation, including the type of professional skills necessary for preparing
required reports and other documents; (iii) a statement of the probable effect
of the regulation on affected small businesses; and (iv) a description of any
less intrusive or less costly alternative methods of achieving the purpose of
the regulation. The analysis presented above represents DPB’s best estimate of
these economic impacts.
___________________________
1 Data
source: Department of Heath Professions
Agency's Response to the Department of
Planning and Budget's Economic Impact Analysis: The Board of Counseling
concurs with the economic impact analysis of the Department of Planning and
Budget for 18VAC115-30, Regulations Governing the Certification of Substance
Abuse Counselors and Substance Abuse Counseling.
Summary:
The board has amended
regulations for substance abuse counselors and assistants to update and clarify
regulations that are not clearly understood or specific, to allow more
flexibility in acquiring supervised experience required for certification, and
to specify the board-approved list of organizations that may offer educational
opportunities.
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"
"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.
"Appropriately
credentialed authority" means an entity licensed by an agency of the
Commonwealth to render the services of substance abuse counselors or substance
abuse counseling assistants.
"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.
"Didactic" means
teaching-learning methods which 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 more than six
persons in a group setting provided by a qualified supervisor.
"NAADAC" means the
National Association of Alcoholism and Drug Abuse Counselors.
"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.
18VAC115-30-30. 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 |
$55 |
Substance abuse counseling
assistant annual certification renewal |
$40 |
Substance abuse counselor
initial certification by examination: Application processing and initial certification |
$90 |
Substance abuse counseling
assistant initial certification by examination: Application processing and
initial certification |
$90 |
Initial certification by
endorsement of substance abuse counselors: Application processing and initial
certification |
$90 |
Registration of
supervision |
$50 |
Add or change supervisor |
$25 |
Duplicate certificate |
$5 |
Late renewal |
$20 |
Reinstatement of a lapsed
certificate |
$100 |
Replacement of or
additional wall certificate |
$15 |
Returned check |
$35 |
Reinstatement following
revocation or suspension |
$500 |
|
|
|
|
B. All fees are
nonrefundable.
Part II
Requirements for Certification
18VAC115-30-40.
Prerequisites for certification by examination for substance abuse counselors.
A. A candidate for
certification as a substance abuse counselor shall meet all the requirements of
this section, including passing and shall pass the examination
prescribed in 18VAC115-30-90.
B. Every prospective
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;
2. Submit the following to the board or its
contracting agent within the time frame established by the board or that agent:
a. A completed application form;
b. Official transcript documenting attainment
of a bachelor's degree;
c. Official transcripts or certificates
verifying completion of the didactic training requirement set forth in
subsection B of 18VAC115-30-50;
d. Verification of supervisor's education and
experience as required under 18VAC115-30-60;
e. Verification of supervision forms
documenting fulfillment of the experience requirements of 18VAC115-30-60;
f. Documentation of any other professional
license or certificate ever held in another jurisdiction; and
g. The application processing and initial
certification fee.
18VAC115-30-45.
Prerequisites for certification by endorsement for substance abuse counselors.
Every applicant for
certification by endorsement shall submit in one package:
1. A completed application;
2. The application processing fee;
3. Verification of all professional licenses
or certificates ever held 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. Affidavit of having read and understood
the regulations and laws governing the practice of substance abuse counseling
in Virginia; and
5. Further documentation of one of the
following:
a. 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 which that
is deemed substantially equivalent by the board; or
b. Verification of a current certification
in good standing issued by NAADAC or other board-recognized national
certification in substance abuse counseling in good standing obtained by
educational and experience standards substantially equivalent to those
set forth in this chapter.
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 degree. ; and
2. Have completed 400 clock hours of
substance abuse education from one of the following programs:
a. An accredited university or college; or
b. An integrated program
acceptable to the board; or
c. An individualized program
of seminars
b. Seminars and workshops to be approved by the board at the time of
application 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.
(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.
(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 hours spent
in receiving didactic training in substance abuse counseling. Each applicant
shall have received a minimum of 10 clock hours in each of the following eight
areas:
a. Understanding the dynamics of human
behavior;
b. Signs and symptoms of substance abuse;
c. Treatment approaches, group dynamics
and other adjunctive treatment and recovery support;
d. Continuum of care and case management
skills;
e. Recovery process and relapse prevention
methods;
f. Ethics;
g. Professional identity in the provision of
substance abuse services; and
h. Crisis intervention.
In addition, each applicant shall have at
least 20 hours in each of the following two areas:
(i) Substance abuse counseling treatment
planning and substance abuse research; and
(ii) Group counseling.
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 which 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
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. Individuals
who wish to register supervision for board approval prior to obtaining the
supervised experience shall submit in one package:
1. A supervisory contract;
2. Verification of the supervisor's education
and experience as required under subsection C of this section; and
3. Official transcripts
documenting completion of a high school diploma or general education
development certificate; and
4. 3. The registration
fee.
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 substance abuse counseling services.
2. The supervised experience shall include an
average of two hours a minimum of one hour and a maximum of four hours
per week of face-to-face consultation supervision 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 face-to-face
individual supervision.
3. Applicants must document successful
completion of their supervised experience on the Verification of Supervision
Form at the time of application. Supervised experience obtained prior to
January 19, 2000, may be accepted toward certification if this supervised
experience met the board's requirements that were in effect at the time the
supervision was rendered.
C. Supervisory
requirements Supervisor qualifications. 1. A board-approved
clinical supervisor shall be:
a. 1. A licensed substance abuse treatment
practitioner;
Be a 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 a board-recognized national certification in substance abuse counseling
obtained by standards substantially equivalent to those set forth in this
chapter, or a minimum of one year experience in substance abuse counseling and
at least 100 hours of didactic training covering the areas outlined in
18VAC115-30-50 B 1 a through h; or
b. Be a licensed substance abuse treatment practitioner; or
c. Be a 3. A substance abuse counselor certified
by the Virginia Board of Counseling who has:
(1) a. Board-recognized national certification
in substance abuse counseling obtained by standards substantially equivalent to
those set forth in this chapter; or
(2) b. Two years experience as a Virginia
board-certified substance abuse counselor.
D. Supervisory
responsibilities.
2. 1. Supervisors shall
assume responsibility for the professional activities of the prospective
applicants under their supervision.
3. 2. Supervisors shall
not provide supervision for activities for which prospective applicants have
not had appropriate education.
4. 3. Supervisors shall
provide supervision only for those substance abuse counseling services which
that they are qualified to render.
5. 4. At the time of
formal application for certification, the board-approved supervisor shall
document the applicant's total hours of supervision, length of work experience,
competence in substance abuse counseling and any needs for additional
supervision or training.
6. 5. Supervision by
any individual whose relationship to the supervisee compromises the objectivity
of the supervisor is prohibited.
7. The applicant shall keep
the board's contracting agent informed of his current supervisor's license or
certificate number, business address, and phone number. The board's contracting
agent shall be informed within 30 days of any changes in the applicant's
supervision.
18VAC115-30-61.
Prerequisites for certification by examination for substance abuse counseling
assistant.
A. A candidate for
certification as a substance abuse counseling assistant shall meet all the requirements
of this section, including passing the examination prescribed in
18VAC115-30-90.
B. Every prospective
applicant for examination for certification by the board shall:
1. Meet the educational requirements
prescribed in 18VAC115-30-62; and
2. Submit the following to the board or
its contracting agent within the time frame established by the board or
that agent:
a. A completed application form;
b. Official transcript documenting attainment
of a high school diploma or general education development (GED) certificate;
and
c. The application processing and initial
certification fee.
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 high school diploma or
general educational development (GED) certificate; and
2. Have completed 300 clock hours of
substance abuse education from one of the following programs:
a. An accredited university or college; or
b. An integrated program
approved by the board at the time of application; or
c. An individualized program
of seminars
b. Seminars and workshops approved by the board at the time of
application. 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.
(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.
(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 clock hours in each of the following eight
areas:
a. Understanding the dynamics of human
behavior;
b. Signs and symptoms of substance abuse;
c. Treatment approaches, group dynamics
and other adjunctive treatment and recovery support;
d. Case management skills and continuum of
care;
e. Recovery process and relapse prevention
methods;
f. Ethics;
g. Professional identity in the provision of
substance abuse services; and
h. Crisis intervention.
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.
Part III
Examinations
18VAC115-30-90. General
examination requirements for substance abuse counselors and substance abuse
counseling assistants.
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.
C. The contracting agent
shall notify all applicants in writing of the time and place of the examination
for which they have been approved to sit.
D. The contracting agent
will notify all applicants in writing of their success or failure on any
examination.
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 for reinstatement, pay
the reinstatement fee for a lapsed license certificate and submit
evidence regarding of a minimum of 20 hours of substance abuse
education that is consistent with course content specified in subsection B of
18VAC15-30-50 for substance abuse counselors and in 18VAC15-30-62 for substance
abuse counseling assistants to demonstrate the continued ability to perform
the functions within the scope of practice of the license certificate.
18VAC115-30-150. Grounds for
revocation, suspension, restriction or denial of certificate; petition for
rehearing.
A. In accordance with §
54.1-2400(7) of the Code of Virginia, the board may revoke, suspend, restrict
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 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
5. Performance of functions outside the
board-certified area of competency.
B. Petition for rehearing. A
petition may be made to the board for a rehearing upon good cause shown or as a
result of substantial new evidence having been obtained which would alter the
determination reached in subsection A of this section.
VA.R. Doc. No. R09-1802;
Filed August 10, 2009, 9:57 a.m.