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
One-time fee reduction for renewal of certification as a substance abuse counselor due on June 30, 2007	$27
One-time fee reduction for renewal of certification as a substance abuse counseling assistant due on June 30, 2007	$20

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.