TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Final Regulation

Title of Regulation: 18VAC115-100. Regulations Governing the Practice of Behavioral Health Technicians and Behavioral Health Technician Assistants (adding 18VAC115-100-10 through 18VAC115-100-90).

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.

Effective Date: May 8, 2025.

Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, FAX (804) 527-4435, or email jaime.hoyle@dhp.virginia.gov.

Summary:

Pursuant to Chapter 595 of the 2024 Acts of Assembly, the amendments create a new chapter that establishes a path for registration for behavioral health technicians and behavioral health technician assistants by (i) setting out definitions; (ii) setting out fees; (iii) creating requirements for registration; (iv) addressing the renewal and reinstatement of registrations; and (v) setting out standards of practice and grounds for the revocation, suspension, restriction, or denial of registrations.

Chapter 100

Regulations Governing the Practice of Behavioral Health Technicians and Behavioral Health Technician Assistants

Part I

General Provisions

18VAC115-100-10. 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:

"Behavioral health technician"

"Behavioral health technician assistant"

"Board"

B. The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"DBHDS" means the Virginia Department of Behavioral Health and Developmental Services.

"NPDB" means the National Practitioner Data Bank.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised.

"Supervisor" means an individual who assumes responsibility for the activities of a person under supervision and who provides supervision consistent with the training and experience of both the supervisor and the person under supervision and with the type of services being provided.

18VAC115-100-20. Fees required by the board.

A. The board has established fees for the following:

B. Unless otherwise established by the board, all fees shall be nonrefundable.

18VAC115-100-30. Current name and address.

A. Each registrant shall furnish a current name and address of record to the board.

B. Registrants shall notify the board in writing within 60 days of:

1. Any name change; or

2. Any change of address of record or of the registrant's public address if different from the address of record.

Part II

Requirements for Registration

18VAC115-100-40. Requirements for registration as a behavioral health technician.

An applicant for registration as a behavioral health technician shall submit:

1. A completed application on forms provided by the board and any applicable fee as prescribed in 18VAC115-100-20;

2. An associate's degree or higher verified by an official transcript from an institution of higher education accredited by the U.S. Department of Education or an accrediting agency recognized by the board;

3. Evidence of completion of 40 hours of didactic education in a program recognized or approved by the board;

4. A current report from the NPDB, if applicable; and

5. Verification of any other mental health or health professional license, certification, or registration ever held in Virginia or another jurisdiction. An applicant for registration as a behavioral health technician shall have no unresolved disciplinary action on any license, certification, or registration in any jurisdiction. The board will consider a history of disciplinary action on a case-by-case basis as grounds for denial under 18VAC115-100-80.

18VAC115-100-50. Requirements for registration as a behavioral health technician assistant.

An applicant for registration as a behavioral health technician assistant shall submit:

1. A completed application on forms provided by the board and any applicable fee as prescribed in 18VAC115-100-20;

2. Evidence of a high school diploma or equivalent;

3. Evidence of completion of 20 hours of didactic education in a program recognized or approved by the board;

4. A current report from the NPDB, if applicable; and

5. Verification of any other mental health or health professional license, certification, or registration ever held in Virginia or another jurisdiction. An applicant for registration as a behavioral health technician assistant shall have no unresolved disciplinary action on any license, certification, or registration in any jurisdiction. The board will consider a history of disciplinary action on a case-by-case basis as grounds for denial under 18VAC115-100-80.

Part III

Renewal of Registration

18VAC115-100-60. Annual renewal of registration.

Each registrant as a behavioral health technician or a behavioral health technician assistant shall renew registration on or before June 30 of each year. The registrant shall submit:

1. A completed form for renewal of the registration;

2. An attestation to completion of two hours of continuing education in ethics; and

3. The renewal fee prescribed in 18VAC115-100-20.

Part IV

Standards of Practice, Disciplinary Action, and Reinstatement

18VAC115-100-70. 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. Each person 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. Practice only within the competency area for which the person is qualified by training or experience and shall not provide clinical mental health services for which a license is required pursuant to Chapters 35 (§ 54.1-3500 et seq.), 36 (§ 54.1-3600 et seq.), and 37 (§ 54.1-3700 et seq.) of Title 54.1 of the Code of Virginia.

3. Report to the board known or suspected violations of the laws and regulations governing the practice of behavioral health technicians or behavioral health technician assistants.

4. Neither accept nor give commissions, rebates, or other forms of remuneration for the referral of clients for professional services and make appropriate consultations and referrals based on the interest of patients or clients.

5. Stay abreast of new developments, concepts, and practices that are necessary to providing appropriate services.

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 willful or negligent.

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 services provided, progress, and termination.

D. No person registered by the board shall:

1. 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. Engage in sexual intimacies or romantic relationships with current clients. For at least five years after cessation or termination of professional services, no practitioner shall engage in sexual intimacies or romantic relationships with a client or those included in collateral therapeutic services. Sexual or romantic relationships are potentially exploitative; therefore, 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. As necessary, persons registered by the board shall recognize conflicts of interest and inform all parties of obligations, responsibilities, and loyalties to third parties.

18VAC115-100-80. Grounds for revocation, suspension, restriction, or denial of registration.

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 behavioral health technicians, or any provision of this chapter;

2. Procuring, attempting to procure, or maintaining a registration by fraud or misrepresentation;

3. Conducting practice in such a manner so as to make it a danger to the health or welfare of clients or to the public, or lacking ability to conduct 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 behavioral health technicians or behavioral health technician assistants, or of this chapter;

5. Performance of an act likely to deceive, defraud, or harm the public;

6. Intentional or negligent conduct that causes or is likely to cause injury to a client;

7. Action taken against a health or mental health license, certification, registration, or application in Virginia or other jurisdiction;

8. Failure to cooperate with an employee of the Department of Health Professions in the conduct of an investigation; or

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.

18VAC115-100-90. Late renewal and reinstatement.

A. A person whose registration as a behavioral health technician or behavioral health technician assistant has expired may renew the registration within one year after the expiration date by paying the late renewal fee and the registration fee as prescribed in 18VAC115-100-20 for the year in which the registration was not renewed.

B. A person who fails to renew registration as a behavioral health technician or behavioral health technician assistant after one year or more shall:

1. Apply for reinstatement;

2. Pay the reinstatement fee for a lapsed registration;

3. Provide a current report from the NPDB, if applicable; and

4. Submit evidence of completion of two hours of continuing education for each year in which the license has been inactive or lapsed, not to exceed eight hours.

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 18VAC115-100-20. 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 18VAC115-100-20. The board, in its discretion, may, after an administrative proceeding, grant the reinstatement sought in this subsection.