October 15, 2018

Jaime Hoyle, Executive Director

Virginia Boards of Counseling, Psychology, and Social Work

9360 Maryland Drive

Suite 300

Richmond, VA  23233

Subject:  Opposition of the American Counseling Association to the petition for endorsement of the

                 National Counselor Licensure Endorsement Process

Dear Mr. Hoyle:

The American Counseling Association (ACA) is opposed to the petition to the Virginia Board of Counseling requesting endorsement of the National Counselor Licensure for Endorsement Process (NCLEP).  As background, ACA is the largest association for professional counselors with more than 53,000 members. This includes 2,269 members who reside in Virginia.  I am one of those professional counselors. In addition to being the president of ACA, I am a licensed professional counselor in the Commonwealth of Virginia.

Licensure portability—the ability to transfer a professional counseling license when a practitioner moves to a different state—is one of the foremost concerns of professional counselors. Even the most experienced counselor can be required to obtain additional supervision hours or meet other requirements before they can secure a new license after a move across state lines. In some cases, counselors with decades of experience are told that they cannot transfer their license to their new home state under any condition.

In order to promote licensure portability, ACA has promulgated a portability model that calls for professional counselors to be able to seamlessly transfer their license when they move to another state or jurisdiction. The ACA licensure portability model calls for counselors who are licensed in one state and have no disciplinary record to become eligible for license “in any state or U.S. jurisdiction in which they are seeking residence.” The model recognizes that a state may require these counselors to take a jurisprudence examination to verify that they are knowledgeable about mandated reporting and other pertinent laws in that particular state. The ACA model focuses on the issuance of a state counseling license as the key to portability.  

The ACA licensure portability model states:

“A counselor who is licensed at the independent practice level in their home state and who has no disciplinary record shall be eligible for licensure at the independent practice level in any state or U.S. jurisdiction in which they are seeking residence. The state to which the licensed counselor is moving may require a jurisprudence examination based on the rules and procedures of that state.”

—Approved by the ACA Governing Council, June 2016

The ACA licensure portability model takes into account the increasing standardization of training and postgraduation supervision requirements, is inclusive of all independently licensed professional counselors, and is respectful of the training that counselors undergo. It was designed with the intention of protecting the public. The model clearly stipulates that portability is contingent upon a violation-free practice. Licensure portability for professional counselors can help the public by:

·        Encouraging counselors to consider relocating to areas where more than 100 million Americans live with an officially recognized shortage of mental health care professionals. Rural areas, in particular, face a documented and dire shortage of counselors.

·        There are approximately 7.6 million people who move to a different state each year. That number includes professional counselors who are spouses of military personnel and other families of federal government employees. Here in Northern Virginia, families are often moving with deployments every two or three years.

·        Helping licensing boards to better meet the needs of underserved populations such as older adults, people of color, and individuals living in poverty.

Due to the fact that the ACA portability model provides the least restrictive and most seamless approach possible to portability, we oppose the petition that asks the Virginia Board of Counseling to endorse NCLEP.  NCLEP is an unfounded restrictive approach that places unnecessary restrictions and barriers for professional counselors who seek relocation.  As such, it is not in the best interest of the public or counselor licensure boards.

As a final note, the counseling profession is currently exploring the feasibility of a single, national interstate compact to address the myriad needs of professional counselors while encompassing public protection. This approach would have many benefits including the ability to regulate tele-counseling across state lines.  Thus, there are multiple portability options for the Virginia Board of Counseling to consider beyond the restrictive NCLEP approach. Ultimately, portability can promote standardization of state laws regulating counseling. Professional counselors are struggling now. The interstate compact option is a possible avenue to accomplish portability, while we also work to standardize state regulations. As more information about the national interstate compact option becomes available in the near future, this information will be forwarded to the Virginia Board of Counseling, as well as other state licensing boards. Thank you for your service and ongoing consideration of how we can best strengthen the counseling profession, increase access to counseling services, and provide safeguards that protect the public.

Best wishes,

Simone Lambert, Ph.D., LPC, NCC

President, American Counseling Association