Virginia Regulatory Town Hall
Agency
Department of Health Professions
 
Board
Board of Counseling
 
chapter
Regulations Governing the Practice of Professional Counseling [18 VAC 115 ‑ 20]
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8/25/24  4:53 pm
Commenter: Anonymous

100% in favor of this petition!
 

People are claiming that when residents don't inform clients that they are under supervision it causes harm to the client and that if residents are allowed to bill clients directly, it will increase this harm. Aside from these claims being completely offensive to a resident's integrity and completely dismissive of the fact that residents, generally, aren't irresponsible, unprofessional children, there's just no evidence to support these claims. I reviewed ALL of the DHP case decisions for the past 5 years (feel free to review them yourself - they are available to the public on DHP's website) and found zero cases involving residents who caused harm as a result of not informing their clients of their residency status. I did, however, find several cases that are far more appalling which has caused ACTUAL harm to clients. Here are my findings:

 

Finalized Case Decisions From The Past 5 years (08/16/2018 to 08/16/2024 ) (with duplicate records removed): Total Cases = 66   |   LPC/LMFT = 51   |   Residents = 15

1. Inappropriate dual sexual relationship with client(s) - 15 LPC/LMFT   |   7 Residents

  • LPC/LMFT met his client (who was inebriated) in his office after hours, took her out to dinner, gave her prescription drugs, paid for alcoholic beverages, and took her to his home. The client woke up the next day, observed him walking around in his underwear, and was unaware as to whether intercourse had occurred or not.
  • LPC/LMFT told his client that he had a sex dream about her.
  • LPC/LMFT transferred her client to another therapist and continued a sexual relationship with him.
  • LPC/LMFT had a sexual relationship with his client as well as a personal relationship with the client's children.
  • LPC/LMFT had a sexual relationship with her client and sold his prescription drugs to help pay for his criminal lawyers.
  • Resident had a sexual relationship with the mother of a minor client.
  • Resident became pregnant after starting a sexual relationship with her client, thought that he was the father so he accompanied her to her doctors' appointments, she found out (after some tests) that her husband was the father, and cut off contact with the client.

2. Falsely claimed to have completed required CE hours at license renewal - 11 LPC/LMFT   |   0 Residents

3. Inappropriate dual social relationship with client(s) - 4 LPC/LMFT   |   3 Residents

  • LPC/LMFT client was also a family member.
  • LPC/LMFT interacted with her client multiple times outside the office and referred to her as  being "like a daughter." This therapist had multiple, similar social relationships with clients.
  • Resident treated a client with whom there was a pre-existing friendship.
  • Resident purchased plane tickets for her client's daughter so she could visit the client. After being terminated, the therapist continued to maintain a social relationship with the client.
  • Resident battled addiction in the past, relapsed, and asked his client where he could acquire opioids.

4. Convicted of separate crime causing surrender of license - 5 LPC/LMFT   |   2 Residents

  • LPC/LMFT assaulted a family member.
  • LPC/LMFT possessed child pornography.
  • LPC/LMFT sexually abused a child.
  • LPC/LMFT was driving under the influence.
  • LPC/LMFT was driving under the influence.
  • Resident sexually abused a minor family member.
  • Resident possessed child pornography.

5. Fraudulent billing practices - 4 LPC/LMFT   |   1 Resident

  • LPC/LMFT was convicted of a felony and ordered to pay $925,461 in restitution.
  • LPC/LMFT was convicted of a felony (including identity theft) and ordered to pay $2,266,209.77 in restitution.
  • Resident created a false psychotherapy note for a date wherein he was absent, leading to the client being fraudulently billed for that date.

6. Payment failure to renew license - 1 LPC/LMFT   |   2 Residents

7. Inability to support a given disability diagnosis - 2 LPC/LMFT   |   0 Residents

8. Shared confidential information without client consent - 2 LPC/LMFT   |   0 Residents

9. Refused to release client mental health records - 2 LPC/LMFT   |   0 Residents

10. Absences/lateness causing harm to clients - 1 LPC/LMFT   |   0 Residents

11. Physical abuse of a minor client - 1 LPC/LMFT   |   0 Residents

12. Therapist had neurocognitive issues - 1 LPC/LMFT   |   0 Residents

13. Accidentally sent an offensive message to a client about the client - 1 LPC/LMFT   |   0 Residents

14. Failure to report sexual abuse of a minor client - 1 LPC/LMFT   |   0 Residents 

 

Again, there have been zero cases in the past 5 years involving residents causing harm because they didn't inform clients of their residency status. Considering the nature of the client harm that has actually occurred over the past 5 years, why are we focusing on some kind of illusional harm to clients simply because they weren't properly informed about a clinician's residency status? What's the real harm that's being caused by this? As someone else stated, at the end of the day, "If a client is not satisfied with services, they have every right to stop." The approval/denial of this petition should not depend on a hollow concept that 1) makes no sense, and 2) has no evidence to support it. Allowing residents to bill their clients directly has numerous benefits (which have been thoroughly outlined in the comments) and only ONE drawback - practices profiting off of residents will lose money.

CommentID: 227432