18VAC115-40 Regulations Governing the Certification of Rehabilitation Providers

REGULATIONS

Vol. 32 Iss. 7 - November 30, 2015

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Chapter 40

Fast-Track Regulation

Titles of Regulations: 18VAC115-30. Regulations Governing the Certification of Substance Abuse Counselors and Substance Abuse Counseling (amending 18VAC115-30-30, 18VAC115-30-40, 18VAC115-30-45, 18VAC115-30-60).

18VAC115-40. Regulations Governing the Certification of Rehabilitation Providers (amending 18VAC115-40-20, 18VAC115-40-25, 18VAC115-40-28).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 30, 2015.

Effective Date: January 15, 2016.

Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Basis: Section 54.1-2400 of the Code of Virginia provides the Board of Counseling the authority to promulgate regulations to administer the regulatory system. The specific authority for the promulgation of regulations for counseling-related professions is found in § 54.1-3505 of the Code of Virginia.

Purpose: The purpose of the regulatory action is to fulfill the requirement for a periodic review of regulations to ensure that they are clearly written and necessary to protect the public. The addition of a requirement for submission of a National Practitioner Data Bank (NPDB) report as part of the application process is intended to ensure that the board has sufficient information about any disciplinary history and criminal activity in order to make a decision on certification that will protect the health, safety, and welfare of persons receiving substance abuse or rehabilitation services by certificate holders in Virginia.

Rationale for Using Fast-Track Process: The action is clarifying in nature and has unanimous approval of the Board of Counseling. The board does not expect it to be controversial.

Substance: Other than the submission of an NPDB report by applicants for certification, there are no substantive changes in this action.

Issues: There are no disadvantages to the public. Inclusion of a requirement for applicants to submit a report from the NPDB may provide additional protection for persons who are receiving substance abuse or rehabilitation services in the Commonwealth. There are no particular advantages or disadvantages to the agency or the Commonwealth.

Small Business Impact Review Report of Findings: This regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Counseling (Board) proposes to require applicants for substance abuse counselor or rehabilitation provider certification submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB). The Board also proposes to remove obsolete provisions and amend language for improved clarity.

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

Estimated Economic Impact. The NPDB is an electronic information repository created by Congress. It contains information on medical malpractice payments and certain adverse actions related to health care practitioners, entities, providers, and suppliers.¹ Section 150 of the Regulations Governing the Certification of Substance Abuse Counselors and Substance Abuse Counseling Assistants and Section 50 of the Regulations Governing the Certification of Rehabilitation Providers list the grounds on which to deny certification, including various actions that would endanger persons receiving services from substance abuse counselors or rehabilitation providers. The NDPB includes findings of past activities that may have endangered the health, safety, or welfare of patients. Thus the proposal to require that applicants submit a current report of the NPDB has potential significant benefit. According to the Virginia Department of Health Professions (DHP) the cost for applicants to have the report sent from the U.S. Department of Health and Human Services to DHP is only $3. Thus the benefit of the proposal likely exceeds the cost.

Businesses and Entities Affected. The proposed amendments affect applicants for substance abuse counselor or rehabilitation provider certification. Approximately 100 to 125 individuals apply for substance abuse counselor certification and less than 5 people apply for rehabilitation provider certification annually.²

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

Projected Impact on Employment. The proposed amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Real Estate Development Costs. The proposed amendments do 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 will not significantly affect small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendments will not significantly affect small businesses.

Adverse Impacts:

Businesses: The proposed amendments will not significantly affect businesses.

Localities: The proposed amendments will not adversely affect localities.

Other Entities: The proposed amendments will not significantly affect other entities.

______________________________________

¹ Source: U.S. Department of Health & Human Services

² Source: Virginia Department of Health Professions

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

Summary:

The amendments require applicants for substance abuse counselor or rehabilitation provider certification to submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank, remove obsolete provisions, and amend language for improved clarity.

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, 2010	$27
One-time fee reduction for renewal of certification as a substance abuse counseling assistant due on June 30, 2010	$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 and shall pass the examination prescribed in 18VAC115-30-90.

B. Every 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:

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 health or mental health license or certificate ever held in another jurisdiction;

g. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

g. h. 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:

1. A completed application;

2. The application processing fee;

3. Verification of all professional health or mental health 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. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB);

4. 5. Affidavit of having read and understood the regulations and laws governing the practice of substance abuse counseling in Virginia; and

5. 6. 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 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 obtained by educational and experience standards substantially equivalent to those set forth in this chapter.

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 To register supervision for board approval prior to obtaining the supervised experience, an applicant 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. 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 a minimum of one hour and a maximum of four hours per week of 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 individual supervision.

3. Applicants must document successful completion of their supervised experience on the Verification of Supervision Form at the time of application.

C. Supervisor qualifications. A board-approved clinical supervisor shall be:

1. A licensed substance abuse treatment practitioner;

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

3. A substance abuse counselor certified by the Virginia Board of Counseling who has:

a. Board-recognized national certification in substance abuse counseling obtained by standards substantially equivalent to those set forth in this chapter; or

b. Two years experience as a Virginia board-certified substance abuse counselor.

D. Supervisory responsibilities.

1. Supervisors shall assume responsibility for the professional activities of the prospective applicants under their supervision.

2. Supervisors shall not provide supervision for activities for which prospective applicants have not had appropriate education.

3. Supervisors shall provide supervision only for those substance abuse counseling services that they are qualified to render.

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.

5. Supervision by any individual whose relationship to the supervisee compromises the objectivity of the supervisor is prohibited.

18VAC115-40-20. Fees required by the board.

A. The board has established the following fees applicable to the certification of rehabilitation providers:

Initial certification by examination: Processing and initial certification	$90
Initial certification by endorsement: Processing and initial certification	$90
Certification renewal	$55
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 rehabilitation provider due on June 30, 2010	$27

B. Fees shall be paid to the board or its contractor or both in appropriate amounts as specified in the application instructions. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

18VAC115-40-25. Application process.

The applicant shall submit to the board:

1. A completed application form;

2. The official transcript or transcripts submitted from the appropriate institutions of higher education;

3. Documentation, on the appropriate forms, of the successful completion of the supervised experience requirement of 18VAC115-40-26. Documentation of supervision obtained outside of Virginia must include verification of the supervisor's out-of-state license or certificate;

4. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

4. 5. Documentation of the applicant's national or out-of-state license or certificate in good standing where applicable.

Part III
Examinations

18VAC115-40-28. General examination requirements.

A. Every applicant for certification as a rehabilitation provider shall take a written examination approved by the board and achieve a passing score as determined by the board.

B. The written examination will be given at least once each year. The board may schedule such additional examinations as it deems necessary.

VA.R. Doc. No. R16-4394; Filed November 9, 2015, 8:48 a.m.