Titles of Regulations: 18VAC115-20. Regulations Governing the Practice of Professional Counseling (amending 18VAC115-20-49).

18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy (amending 18VAC115-50-50).

18VAC115-60. Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners (amending 18VAC115-60-60).

Statutory Authority: §§ 54.1-2400, 54.1-3503, and 54.1-3506 of the Code of Virginia.

Public Hearing Information:

August 16, 2019 - 9:05 a.m. - Department of Health Professions, 9960 Mayland Drive, 2nd Floor, Richmond, VA 23233.

Public Comment Deadline: September 20, 2019.

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

Basis: Regulations are promulgated under the authority of § 54.1-2400, which provides the Board of Counseling the authority to promulgate regulations to administer the regulatory system. Specific authority for regulation of the profession of counseling is found in § 54.1-3503 of the Code of Virginia, which requires that the Board of Counseling regulate the practice of counseling, substance abuse treatment, and marriage and family therapy and in § 54.1-3506, which provides that in order to engage in the practice of counseling or marriage and family therapy or in the independent practice of substance abuse treatment, as defined in the statute, it is necessary to hold a license.

Purpose: The proposed regulatory action will allow persons who graduated from foreign educational programs in counseling to qualify for licensure by providing documentation from a credentialing service of the equivalency of the foreign education and experience to that required of applicants who trained in the United States. To the extent some applicants may be able to qualify for licensure, the public may benefit from an increased supply of mental health providers. Such credentialing services already evaluate the qualifications of other health and mental health providers, so there is assurance of minimal competency to practice counseling safely for the health and welfare of clients.

Substance: 18VAC115-20-49 sets out the degree program requirements for licensure as a professional counselor, with which graduates of foreign programs cannot comply. 18VAC115-20-51 sets out the coursework requirements that must be met.  Foreign-trained graduates find it very difficult to meet those requirements because board staff does not have adequate information to review credentials from a foreign country. Consequently, the amendment would add language similar to psychology regulations, which provide that graduates of programs that are not within the United States or Canada can qualify for licensure if the graduates can provide documentation from an acceptable credential evaluation service that allows the board to determine if the program meets the requirements set forth in the regulation.

There are similar provisions in 18VAC115-50-50 for marriage and family therapists and in 18VAC115-60-60 for substance abuse treatment practitioners.

Issues: There are no advantages or disadvantages to the public; the amendments will benefit a small number of applicants who are now unable to be initially licensed in Virginia.

There are no advantages or disadvantages to the agency or the Commonwealth, other than the amendment may facilitate licensure for a small number of counselors who can provide mental health services in the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Counseling (Board) proposes to establish a pathway for individuals who graduated from foreign schools to obtain licensure as a professional counselor, marriage and family therapist, or a substance abuse treatment practitioner.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Currently, this regulation requires graduation from a college or university accredited by a regional accrediting agency. Since degree programs in foreign countries are not regionally accredited, there is no pathway in Virginia for individuals with degrees from countries other than the United States or Canada to be initially licensed as a professional counselor, marriage and family therapist, or a substance abuse treatment practitioner.¹

The Board proposes to allow foreign graduates to obtain licensure if they can provide documentation from an acceptable credential evaluation service that provides information to enable the Board to determine equivalency of the foreign program. According to the Department of Health Professions (DHP), the Board accepts credentialing evaluations from more than one source. Such credentialing services already evaluate the qualifications of other health and mental health providers such as psychology. Psychology foreign graduates can get an evaluation for a fee of $85, which includes an analysis, equivalency, certification, notarization, and mailing to one address. For a fee of $149, a more detailed (e.g., course-by-course analysis, credit, GPA calculation, and courses studied in addition to the basic evaluation) is also offered. DHP believes the Board may find it necessary to require the more detailed evaluation and expects no more than 10 to 20 foreign-trained graduates to apply per year.

The proposed amendments would benefit foreign-trained graduates who have an equivalent degree to those in the United States. This new pathway has the potential to add to the supply of professional counselors, marriage and family therapists, or substance abuse treatment practitioners. For a fee of $149, qualifying individuals would be able to obtain a license to practice as a professional mental health provider. In addition, this change would add slightly to the demand for services of the credential evaluation service businesses.

Businesses and Entities Affected. DHP expects no more than 10 to 20 foreign-trained graduates per year to apply under the proposed pathway to licensure. According to DHP, there are several credential evaluation service providers, all of which are likely small businesses.

Localities Particularly Affected. The proposed amendments would not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments would have a positive impact on the supply and employment of professional health care providers and demand for credential evaluation services.

Effects on the Use and Value of Private Property. The proposed amendments should have a positive but likely small impact on the asset values of credential evaluation services.

Real Estate Development Costs. The proposed amendments would not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendments would not impose costs on small businesses. However, small businesses that hire affected professions would benefit from increased supply of such professionals. The expected impact on demand for credential evaluation services is also positive.

Alternative Method that Minimizes Adverse Impact

The proposed amendments would not impose adverse impacts on small businesses.

Adverse Impacts:

Businesses. The proposed amendments would not impose adverse impacts on businesses.

Localities. The proposed amendments would not adversely affect localities.

Other Entities. The proposed amendments would not adversely affect other entities.

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¹If a foreign graduate is initially licensed in another state and has at least 24 out of the past 60 months of active clinical practice without discipline, he or she may qualify for licensure by endorsement in Virginia.

Agency's Response to Economic Impact Analysis: The Board of Counseling concurs with the analysis of the Department of Planning and Budget.

Summary:

The proposed amendments provide a pathway for a foreign-trained graduate in counseling to obtain licensure as a professional counselor, a marriage and family therapist, or a substance abuse treatment practitioner in the Commonwealth. The proposed amendments provide that graduates of programs that are not within the United States or Canada can qualify for licensure if the graduates can provide documentation from an acceptable credential evaluation service that allows the board to determine if the program meets the requirements set forth in the regulation.

18VAC115-20-49. Degree program requirements.

A. The applicant shall have completed a graduate degree from a program that prepares individuals to practice counseling, as defined in § 54.1-3500 of the Code of Virginia, which is offered by a college or university accredited by a regional accrediting agency, and which meets the following criteria:

1. There must be a sequence of academic study with the expressed intent to prepare counselors as documented by the institution;

2. There must be an identifiable counselor training faculty and an identifiable body of students who complete that sequence of academic study; and

3. The academic unit must have clear authority and primary responsibility for the core and specialty areas.

B. Programs that are approved by CACREP or CORE are recognized as meeting the requirements of subsection A of this section.

C. Graduates of programs that are not within the United States or Canada shall provide documentation from an acceptable credential evaluation service that provides information that allows the board to determine if the program meets the requirements set forth in this chapter.

18VAC115-50-50. Degree program requirements.

A. The applicant shall have completed a graduate degree from a program that prepares individuals to practice marriage and family therapy as defined in § 54.1-3500 of the Code of Virginia from a college or university which that is accredited by a regional accrediting agency and which that meets the following criteria:

1. There must be a sequence of academic study with the expressed intent to prepare students to practice marriage and family therapy as documented by the institution;

2. There must be an identifiable marriage and family therapy training faculty and an identifiable body of students who complete that sequence of academic study; and

3. The academic unit must have clear authority and primary responsibility for the core and specialty areas.

B. Programs that are approved by CACREP as programs in marriage and family counseling/therapy counseling or therapy or by COAMFTE are recognized as meeting the requirements of subsection A of this section.

C. Graduates of programs that are not within the United States or Canada shall provide documentation from an acceptable credential evaluation service that provides information that allows the board to determine if the program meets the requirements set forth in this chapter.

18VAC115-60-60. Degree program requirements.

A. The applicant shall have completed a graduate degree from a program that prepares individuals to practice substance abuse treatment or a related counseling discipline as defined in § 54.1-3500 of the Code of Virginia from a college or university accredited by a regional accrediting agency that meets the following criteria:

1. There must be a sequence of academic study with the expressed intent to prepare counselors as documented by the institution;

2. There must be an identifiable counselor training faculty and an identifiable body of students who complete that sequence of academic study; and

3. The academic unit must have clear authority and primary responsibility for the core and specialty areas.

B. Programs that are approved by CACREP as programs in addictions counseling are recognized as meeting the requirements of subsection A of this section.

C. Graduates of programs that are not within the United States or Canada shall provide documentation from an acceptable credential evaluation service that provides information that allows the board to determine if the program meets the requirements set forth in this chapter.