I hope the Board members are enjoying their summer. I wish to bring to your attention a current active legal scenario for case study/consideration. I understand the Board cannot interpret law. I have advised my attorney of the following:
A resident in counseling I supervise was requested to be an expert witness for a VA citizen/client who is in active litigation with an international entity. Records were properly released to the attorney's office Fall 2023. I advised the attorney's office that based on interpretation of the Virginia Administrative Code concerning counseling and supervisees, I am responsible for all clinical actions of the supervisee and would need to attend any future trial or deposition activities [The supervisor shall provide supervision as defined in 18VAC115-50-10 and shall assume full responsibility for the clinical activities of residents as specified within the supervisory contract for the duration of the residency]. They have since remained in contact with both me and the resident in counseling.
I wish to advocate for the Board's continued follow up with clinical supervisors, residents in counseling, and the ability to own private practices and practice counseling in said business/practice without a collocated supervisor. In previous correspondence with this Board and Maryland's Board where I am also licensed, both jurisdictions/licensing coordinators have advised via email correspondence, graduate level therapists/supervisees are able to own their own practice and practice counseling without their clinical supervisor being collocated at their location (whether physical or virtual). I find this to be a vague and potentially harmful gray area should a legal scenario like the current one transpire.
Because this resident in counseling and I have a long-standing professional relationship and they operate via contract under my practice's umbrella, I own the clinical records, can review with ease, sign off, and release records in a timely manner vs. being contracted as a clinical supervisor and solely meet with the supervisee/resident in counseling, yet have no access or ownership to records; thus, be expected to show up for legal and ethical reasons if called upon.
I invite the Board to consider and create verbiage around the legal/ethical ramifications of supervisees/residents in counseling owning a practice and practicing counseling out of said practice without a collocated clinical supervisor. I am not against an RIC/supervisee owning a practice and hiring persons to conduct supervision and other team members to provide counseling and being paid for such services. I do believe their supervisor must be on payroll/contractor, have ownership or equity in their company in order to maintain full access/ownership of records for unseen legal reasons.
