DEPARTMENT OF BEHAVIORAL HEALTH AND

DEVELOPMENTAL SERVICES

Proposed Amendments to 12VAC35-105 RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES, Subsection 20. Definitions.

General Notice

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS) is announcing an opportunity for public comment on preliminary draft text to 12VAC35-105 RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES, Subsection 20. Definitions.

Purpose of notice: DBHDS is to alert interested stakeholders to the changes in law and subsequent need for regulatory changes to conform.  Chapter 0136 of the 2017 Acts of Assembly direct the State Board of Behavioral Health and Developmental Services (“State Board”) to adopt changes related to professional qualifications of Qualified Mental Health Professionals (QMHPs) regarding Occupational Therapists. Specifically, the State Board shall amend 12VAC35-105-20 of the Virginia Administrative Code to include (i) occupational therapists in the definitions of Qualified Mental Health Professional-Adult, Qualified Mental Health Professional-Child, and Qualified Mental Retardation Professional and (ii) occupational therapy assistants in the definition of Qualified Paraprofessional in Mental Health. In amending these definitions, the Board shall require educational and clinical experience for occupational therapists and occupational therapy assistants that is substantially equivalent to comparable professionals listed in current regulations.

DBHDS will provide a draft, along with any public comments received, to the State Board of Behavioral Health and at its next meeting on July 12, 2017. 

Draft text on which to comment:

"Qualified Mental Health Professional-Adult (QMHP-A)" means a person registered with the Board of Counseling, who is in the human services field who and is trained and experienced in providing psychiatric or mental health services to individuals adults who have a mental illness; including (i) a doctor of medicine or osteopathy licensed in Virginia; (ii) a doctor of medicine or osteopathy, specializing in psychiatry and licensed in Virginia; (iii) an individual with a master's degree in psychology from an accredited college or university with at least one year of clinical experience; (iv) a social worker: an individual with at least a bachelor's degree in human services or related field (social work, psychology, psychiatric rehabilitation, sociology, counseling, vocational rehabilitation, human services counseling or other degree deemed equivalent to those described) from an accredited college and with at least one year of clinical experience providing direct services to individuals with a diagnosis of mental illness; (v) a person with at least a bachelor's degree from an accredited college in an unrelated field that includes at least 15 semester credits (or equivalent) in a human services field and who has at least three years of clinical experience; (vi) a Certified Psychiatric Rehabilitation Provider (CPRP) registered with the United States Psychiatric Rehabilitation Association (USPRA); (vii) a registered nurse licensed in Virginia with at least one year of clinical experience; (viii) a licensed occupational therapist with at least one year of clinical experience providing direct services to individuals with a diagnosis of mental illness or (ix) (viii) any other licensed mental health professional.

"Qualified Mental Health Professional-Child (QMHP-C)" means a person registered with the Board of Counseling who is in the human services field who and is trained and experienced in providing psychiatric or mental health services to children who have a mental illness. To qualify as a QMHP-C, the individual must have the designated clinical experience and must either (i) be a doctor of medicine or osteopathy licensed in Virginia; (ii) have a master's degree in psychology from an accredited college or university with at least one year of clinical experience with children and adolescents; (iii) have a social work bachelor's or master's degree from an accredited college or university with at least one year of documented clinical experience with children or adolescents; (iv) be a registered nurse with at least one year of clinical experience with children and adolescents; (v) have at least a bachelor's degree in a human services field or in special education from an accredited college with at least one year of clinical experience providing direct services to with children and or adolescents with a diagnosis of mental illness, (vi) be a licensed occupational therapist with at least one year of clinical experience providing direct services to children or adolescents with a diagnosis of mental illness, or (vii) be a licensed mental health professional.

"Qualified Mental Health Professional-Eligible (QMHP-E)" means a person who has: (i) at least a bachelor's degree in a human service field or special education from an accredited college without one year of clinical experience,  or (ii) a licensed occupational therapist with less than one year of clinical experience providing direct services to individuals with a diagnosis of mental illness, or (iii) at least a bachelor's degree in a nonrelated field and is enrolled in a master's or doctoral clinical program, taking the equivalent of at least three credit hours per semester and is employed by a provider that has a triennial license issued by the department and has a department and DMAS-approved supervision training program.

"Qualified Paraprofessional in Mental Health (QPPMH)" means a person who must, at a minimum, meet at least one of the following criteria: (i) registered with the United States Psychiatric Association (USPRA) as an Associate Psychiatric Rehabilitation Provider (APRP); (ii) has an associate's degree in a related field (social work, psychology, psychiatric rehabilitation, sociology, counseling, vocational rehabilitation, human services counseling) and at least one year of experience providing direct services to individuals with a diagnosis of mental illness;  or (iii) licensed as an occupational therapy assistant (OTA), and supervised by a licensed occupational therapist, with at least one year of experience providing direct services to individuals with a diagnosis of mental illness; or (iv) has a minimum of 90 hours classroom training and 12 weeks of experience under the direct personal supervision of a QMHP-Adult providing services to individuals with mental illness and at least one year of experience (including the 12 weeks of supervised experience).

Public comment period: May 29, 2017, through June 29, 2017.

How to comment: DBHDS accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS by the last day of the comment period. All information received is part of the public record.

Contact Information: Cleopatra L. Booker, Psy.D., Director, Office of Licensing, Virginia Department of Behavioral Health & Developmental Services, P.O. Box 1797, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-1747, fax (804) 692-0066, or email cleopatra.booker@dbhds.virginia.gov.