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Virginia Administrative Code

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Virginia Administrative Code

Commonwealth of Virginia

     REGULATIONS

    GOVERNING THE PRACTICE OF

    PROFESSIONAL COUNSELING

    VIRGINIA BOARD OF COUNSELING

    Title of Regulations: 18 VAC 115-20-10 et seq.

    Statutory Authority: ?? 54.1-2400 and Chapter 35 of Title 54.1

    of the Code of Virginia

     Revised Date: April 14, 2010

     9960 Mayland Drive Phone: (804) 367-4610

     Henrico, VA 23233 FAX: (804) 527-4435

     email: coun@dhp.virginia.gov

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     TABLE OF CONTENTS

    TABLE OF CONTENTS ............................................................................................................ 2

    Part I. General Provisions. ......................................................................................................... 3

    18VAC115-20-10. Definitions. ....................................................................................... 3

    18VAC115-20-20. Fees required by the board. ............................................................... 4

    18VAC115-20-30. (Repealed.) ....................................................................................... 5

    18VAC115-20-35. Sex offender treatment provider certification. .................................... 5

    Part II. Requirements for Licensure. .......................................................................................... 5

    18VAC115-20-40. Prerequisites for licensure by examination. ....................................... 5

    18VAC115-20-45. Prerequisites for licensure by endorsement. ....................................... 6

    18VAC115-20-49. Degree program requirements. .......................................................... 6

    15-20-50. (Expired.) .......................................................................................... 7 18VAC1

    18VAC115-20-51. Coursework requirements.................................................................. 7

    18VAC115-20-52. Residency. ........................................................................................ 8

    18VAC115-20-60. (Repealed.) ..................................................................................... 10 Part III. Examinations. ............................................................................................................. 10

    18VAC115-20-70. General examination requirements; schedules; time limits. .............. 10

    18VAC115-20-80. (Repealed.) ..................................................................................... 10

    18VAC115-20-90. (Repealed.) ..................................................................................... 11 Part IV. Licensure Renewal; Reinstatement. ............................................................................. 11

    18VAC115-20-100. Annual renewal of licensure. ......................................................... 11

    18VAC115-20-105. Continued competency requirements for renewal of a license. ...... 11

    18VAC115-20-106. Continuing competency activity criteria. ...................................... 11

    18 VAC 115-20-107. Documenting compliance with continuing competency

    requirements. ..................................................................................................... 13

    18VAC115-20-110. Late renewal; reinstatement. .......................................................... 14 Part V. Standards of Practice; Unprofessional Conduct; Disciplinary Actions;

    Reinstatement. .............................................................................................................. 15

    18VAC115-20-130. Standards of practice. .................................................................... 15

    18VAC115-20-140. Grounds for revocation, suspension, probation, reprimand,

    censure, or denial of license. .............................................................................. 17

    18 VAC115-20-150. Reinstatement following disciplinary action. ............................... 18

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    Part I. General Provisions.

    18VAC115-20-10. 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:

    "Appraisal activities"

    "Board"

    "Counseling"

    "Counseling treatment intervention"

    "Professional counselor"

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

    "Applicant" means any individual who has submitted an official application and paid the application fee for licensure as a professional counselor.

    "CACREP" means Council for Accreditation of Counseling and Related Educational Programs. "Candidate for licensure" means a person who has satisfactorily completed all educational and experience requirements for licensure and has been deemed eligible by the board to sit for its examinations.

    "Competency area" means an area in which a person possesses knowledge and skill and the ability to apply them in the clinical setting.

    "COAMFTE" means the Commission on Accreditation for Marriage and Family Therapy Education. "CORE" means Council on Rehabilitation Education.

    "Exempt setting" means an agency or institution in which licensure is not required to engage in the practice of counseling according to the conditions set forth in ?54.1-3501 of the Code of Virginia. "Group supervision" means the process of clinical supervision of no more than six persons in a group setting provided by a qualified supervisor.

    "Internship" means supervised, planned, practical, advanced experience obtained in the clinical setting, observing and applying the principles, methods and techniques learned in training or educational settings.

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    "Jurisdiction" means a state, territory, district, province or country which has granted a professional certificate or license to practice a profession, use a professional title, or hold oneself out as a practitioner of that profession.

    "Nonexempt setting" means a setting which does not meet the conditions of exemption from the requirements of licensure to engage in the practice of counseling as set forth in ?54.1-3501 of the Code of Virginia.

    "Regional accrediting agency" means one of the regional accreditation agencies recognized by the United States Secretary of Education responsible for accrediting senior postsecondary institutions. "Residency" means a post-internship, supervised, clinical experience registered with the board. "Resident" means an individual who has submitted a supervisory contract and has received board approval to provide clinical services in professional counseling under supervision. "Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual or group consultation, guidance and instruction with respect to the clinical skills and competencies of the person supervised.

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

    A. The board has established the following fees applicable to licensure as a professional counselor: Active annual license renewal $105

    Inactive annual license renewal $55

    Initial licensure by examination: Application processing and initial licensure $140

    Initial licensure by endorsement: Application processing and initial licensure $140

    Registration of supervision $50

    Add or change supervisor $25

    Duplicate license $5

    Verification of licensure to another jurisdiction $25

    Late renewal $35

    Reinstatement of a lapsed license $165

    Replacement of or additional wall certificate $15

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Returned check $35

    Reinstatement following revocation or suspension $500

    One-time fee reduction for renewal of an active license due on June 30, 2010 $52

    One-time fee reduction for renewal of an inactive license due on June 30, 2010 $27

B. All fees are nonrefundable.

    C. Examination fees shall be determined and made payable as determined by the board. 18VAC115-20-30. (Repealed.)

     18VAC115-20-35. Sex offender treatment provider certification.

    Anyone licensed by the board who is seeking certification as a sex offender treatment provider shall adhere to the Regulations Governing the Certification of Sex Offender Treatment Providers, 18VAC125-30-10 et seq.

    Part II. Requirements for Licensure.

    18VAC115-20-40. Prerequisites for licensure by examination.

    Every applicant for licensure examination by the board shall:

    1. Meet the degree program requirements prescribed in 18VAC115-20-49, the course work requirements prescribed in 18VAC115-20-50 or 18VAC115-20-51, and the experience requirements prescribed in 18VAC115-20-52; and

    2. Submit the following to the board:

    a. A completed application;

    b. Official transcripts documenting the applicant's completion of the degree program and coursework requirements prescribed in 18VAC115-20-49 and 18VAC115-20-50 or 18VAC115-20-51;

    c. Verification of Supervision forms documenting fulfillment of the experience requirements of 18VAC115-20-52 and copies of all required evaluation forms;

    d. Documentation of any other professional license or certificate ever held in another jurisdiction; and

    e. The application processing and initial licensure fee.

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    18VAC115-20-45. Prerequisites for licensure by endorsement.

    A. Every applicant for licensure by endorsement shall submit the following:

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;

    4. Documentation of having completed education and experience requirements as specified in subsection B of this section;

    5. Verification of a passing score on a licensure examination in the jurisdiction in which licensure was obtained; and

    6. An affidavit of having read and understood the regulations and laws governing the practice of professional counseling in Virginia.

    B. Every applicant for licensure by endorsement shall meet one of the following:

1. Educational requirements consistent with those specified in 18VAC115-20-49 and

    18VAC115-20-51 and experience requirements consistent with those specified in

    18VAC115-20-52; or

    2. If an applicant does not have educational and experience credentials consistent with those required by this chapter, he shall provide:

    a. Documentation of education and supervised experience that met the requirements of

    the jurisdiction in which he was initially licensed as verified by an official transcript and

    a certified copy of the original application materials; and

    b. Evidence of post-licensure clinical practice for five of the last six years immediately

    preceding his licensure application in Virginia.

    3. In lieu of transcripts verifying education and documentation verifying supervised experience, the board may accept verification from the credentials registry of the American Association of State Counseling Boards or any other board-recognized entity.

    18VAC115-20-49. Degree program requirements.

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    A. Programs that are approved by CACREP or CORE are recognized as meeting the definition of graduate degree programs that prepare individuals to practice counseling and counseling treatment intervention as defined in ?54.1-3500 of the Code of Virginia.

    B. The applicant shall have completed a graduate degree from a program that prepares individuals to practice counseling and counseling treatment intervention, 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.

    18VAC115-20-50. (Expired.)

    18VAC115-20-51. Coursework requirements.

    A. The applicant shall have completed 60 semester hours or 90 quarter hours of graduate study in the following core areas with a minimum of three semester hours or 4.0 quarter hours in each of the areas identified in subdivisions 1 through 12 of this subsection:

    1. Professional identity, function and ethics;

    2. Theories of counseling and psychotherapy;

    3. Counseling and psychotherapy techniques;

    4. Human growth and development;

    5. Group counseling and psychotherapy, theories and techniques;

    6. Career counseling and development theories and techniques;

    7. Appraisal, evaluation and diagnostic procedures;

    8. Abnormal behavior and psychopathology;

    9. Multicultural counseling, theories and techniques;

    10. Research;

    11. Diagnosis and treatment of addictive disorders;

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12. Marriage and family systems theory; and

    13. Supervised internship of 600 hours to include 240 hours of face-to-face client contact. B. If 60 graduate hours in counseling were completed prior to April 12, 2000, the board may accept those hours if they meet the regulations in effect at the time the 60 hours were completed. 18VAC115-20-52. Residency.

    A. Registration.

    1. Applicants who render counseling services shall:

    a. With their supervisor, register their supervisory contract on the appropriate forms for board approval before starting to practice under supervision;

    b. Have submitted an official transcript documenting a graduate degree as specified in 18VAC115-20-49 to include completion of the internship requirement specified in 18VAC115-20-50 or 18VAC115-20-51; and

    c. Pay the registration fee.

    2. After September 3, 2008, applicants who are beginning their residencies in exempt settings shall register supervision with the board to assure acceptability at the time of application. B. Residency requirements.

    1. The applicant for licensure shall have completed a 4,000-hour supervised residency in counseling practice with various populations, clinical problems and theoretical approaches in the following areas:

    a. Counseling and psychotherapy techniques;

    b. Appraisal, evaluation and diagnostic procedures;

    c. Treatment planning and implementation;

    d. Case management and recordkeeping;

    e. Professional identity and function; and

    f. Professional ethics and standards of practice.

    2. The residency shall include a minimum of 200 hours of supervision between supervisor and resident occurring at a minimum of one hour and a maximum of four hours per 40 hours of work experience during the period of the residency. 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

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    individual supervision. Supervision that is not concurrent with a residency will not be accepted, nor will residency hours be accrued in the absence of approved supervision.

3. The residency shall include 2,000 hours of face-to-face client contact.

    4. A graduate-level internship completed in a program that meets the requirements set forth in 18VAC115-20-49 may count for no more than 600 hours of the required 4,000 hours of experience. The internship shall include 20 hours of individual on-site supervision, and 20 hours of individual or group off-site supervision. In order to count toward the residency, internship hours shall not begin until completion of 30 semester hours toward the graduate degree.

    5. A graduate-level degree internship completed in a CACREP- ,CORE- or COAMFTE-approved program may count for no more than 900 of the required 4,000 hours of experience. 6. In order for any graduate-level internship to be counted toward a residency, either the clinical or faculty supervisor shall be licensed as set forth in subsection C of this section. 7. The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability which limits the resident's access to qualified supervision. 8. For applicants enrolled in an integrated course of study in an accredited institution leading to a graduate degree beyond the master's level, supervised experience may begin after the completion of 30 graduate semester hours or 45 graduate quarter hours, including an internship, and shall include graduate course work in the core areas as prescribed in 18VAC115-20-50 or 18VAC115-20-51. 9. Residents may not call themselves professional counselors, directly bill for services rendered, or in any way represent themselves as independent, autonomous practitioners or professional counselors. During the residency, residents shall use their names and the initials of their degree, and the title "Resident in Counseling" in all written communications. Clients shall be informed in writing of the resident's status and the supervisor's name, professional address, and phone number. 10. Residents shall not engage in practice under supervision in any areas for which they have not had appropriate education.

    C. Supervisory qualifications. A person who provides supervision for a resident in professional counseling shall:

    1. Document two years of post-licensure clinical experience;

    2. Have received professional training in supervision, consisting of three credit hours or 4.0 quarter hours in graduate-level coursework in supervision or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-20-106. Persons who have provided supervision for a residency prior to September 3, 2008 shall complete such coursework or continuing education by September 3, 2010; and

    3. Shall hold an active, unrestricted license as a professional counselor, marriage and family therapist, substance abuse treatment practitioner, school psychologist, clinical psychologist, clinical

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    social worker, or psychiatrist in the jurisdiction where the supervision is being provided. At least 100 hours of the supervision shall be rendered by a licensed professional counselor. D. Supervisory responsibilities.

    1. Supervision by any individual whose relationship to the resident compromises the objectivity of the supervisor is prohibited.

    2. The supervisor of a resident shall assume full responsibility for the clinical activities of that resident specified within the supervisory contract for the duration of the residency. 3. The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period.

    4. The supervisor shall report the total hours of residency and shall evaluate the applicant's competency in the six areas stated in subdivision B 1 of this section.

    E. Applicants shall document successful completion of their residency on the Verification of Supervision Form at the time of application. Applicants must receive a satisfactory competency evaluation on each item on the evaluation sheet. Supervised experience obtained prior to April 12, 2000, may be accepted toward licensure if this supervised experience met the board's requirements which were in effect at the time the supervision was rendered.

    18VAC115-20-60. (Repealed.)

    Part III. Examinations.

    18VAC115-20-70. General examination requirements; schedules; time limits.

    A. Every applicant for initial licensure by examination by the board as a professional counselor shall pass a written examination as prescribed by the board.

    B. Every applicant for licensure by endorsement shall have passed a licensure examination in the jurisdiction in which licensure was obtained.

    C. A candidate approved to sit for the examination shall take the examination within two years from the date of such initial approval. If the candidate has not taken the examination by the end of the two-year period here prescribed:

    1. The initial approval to sit for the examination shall then become invalid; and 2. In order to be considered for the examination later, the applicant shall file a new application with the board.

    D. The board shall establish a passing score on the written examination.

    18VAC115-20-80. (Repealed.)

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