This comment relates to licensed professionals completing capacity evaluations: 12VAC35-115-145 B.

The change in the regulation to have physicians or clinical psychologists complete the capacity evaluation for the purpose of giving consent or authorization is unrealistic and detrimental to CSBs and many private providers. Most of these organizations do not have attending physicians or clinical psychologists on staff to complete these evaluations. This change would prohibit capacity evaluations from being completed and would result in clients not being able to obtain authorized representatives to assist with consent and authorizations. Currently, the regulation states that licensed staff (LPCs and LCSWs) are able to complete these evaluations. Many organizations use licensed staff to complete the capacity evaluation with the ultimate goal of obtaining an authorized representative, an important advocate for the client. This current regulation should remain with no changes, allowing this process to continue for the benefit of the clients.