Dear Dr. Brown,

I am writing to you with concern about the current proposed regulation for counseling licensure in Virginia “To amend the requirements for licensure by endorsement to include the National Counselor Licensure for Endorsement Process (NCLEP) as a route for counselor licensure”. It should be noted that this regulation is being proposed during a time when you have initiated a small group to begin discussion to find a viable alternative to a CACREP-only licensure that would be inclusive for all counselors and will serve to respond to both CACREP trained and non-CACREP trained counselors in Virginia and those from outside Virginia who wish to move to the Commonwealth as professional counselors. As we have discussed a viable alternative is particularly important to meet the significant mental health demands in Virginia and everyone at the table had agreed to a process to facilitate this conversation.

The proposed NCLEP regulation has been submitted by a member of the Board of Counseling who also serves on the Board of Directors for CACREP.  The NCLEP proposed regulation has been seen across the country as restrictive and biased towards CACREP graduates (please do take note of the strong opposition , as indicated in the overwhelming opposition in the Public Comment Forum from leading mental health counseling professionals throughout the United States). In fact, the American Counseling Association (ACA), the largest counseling association in the world with 53,000 members, of whom 2,269 are in Virginia, is publicly opposed to the NCLEP. The President of ACA has written a strong comment against NCLEP on Public Comment Forum for the proposed regulation in Virginia. The ACA President’s concern, which I share, is the restriction of licensure portability with the NCLEP proposal.  In fact ACA has developed and promulgated a licensure portability model, approved by the ACA Governing Council in 2016 that does not involve NCLEP restrictions when counselors move from state to state that is inclusive of all licensed counselors regardless of CACREP or non-CACREP graduate training.  The ACA President notes in her public comments to the Virginia licensure board that "the 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”.

Similarly, the Virginia Counseling Association’s (VCA) President, representing the largest professional counseling association in Virginia with 1,180 members, writes in the Public Comment Forum on behalf of VCA: “With our members and communities in mind, the Virginia Counselors Association is opposed to the petition of requesting endorsement of the National Counselor Licensure for Endorsement Process (NCLEP)”. She notes that: “NCLEP being too restrictive would place undo harm to Virginia residents who are in desperate need of mental health services by making it more difficult for counselors to reach them”. Although VCA is against the NCLEP proposal they are in support of the ACA license portability model, stating: “The NCLEP model as it is currently stated is too restrictive and does not address the needs of all counselors, as VCA’s mission states”….and, “requests that the Board of Counseling strongly consider ACA’s portability model as an inclusive, equitable, and adoptable option to license portability, instead of the NCLEP model”. 

More specifically, the NCLEP route allows portability for fully licensed counselors with three years' post-licensure experience who have either 1) graduated from a program accredited by CACREP, 2) hold the NCC credential (which will soon be available only to graduates of CACREP-accredited programs), or 3) meet the requirements for licensure in the state in which they seek licensure. NCLEP would only increase the portability of licenses held by CACREP graduates (as they would not need to meet additional state requirements despite there being no evidence that CACREP trained graduates are better trained than non-CACREP trained graduates).  The proposed regulation would not be helpful in serving the significant mental health needs in Virginia and could seriously limit employment options for the majority of licensed counselors throughout the United States who might be interested in relocating to Virginia.but graduated from or are currently enrolled in programs that are not affiliated with CACREP.

In summary, I wanted to write and convey my strong opposition to the proposed NCLEP regulation and deep concern that this proposal is under consideration during a time period when we are in discussion to find an agreeable solution to the licensure regulations in Virginia. It is of particular concern that the proposed regulation, which is opposed by the American Counseling Association and the Virginia Counseling Association, undercuts our efforts this past month to explore a consensual solution for more responsive and effective counseling licensure regulations that will ensure high quality professional standards that maximize both public protection and sufficient mental health practitioners in Virginia, while paving the way for other licensure boards throughout the United States.

Fred Bemak

George Mason University