5/14/2014 2:50 pm
Date / Time filed with the Register of Regulations 		VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: Board of Counseling
Regulatory Coordinator: Elaine J. Yeatts

(804)367-4688

elaine.yeatts@dhp.virginia.gov
Agency Contact: Catherine Chappell

Executive Director

(804)367-4610

catherine.chappell@dhp.virginia.gov
Contact Address: Department of Health Professions

9960 Mayland Drive, Suite 300

Henrico, VA 23233
Chapter Affected:
18 vac 115 - 20: Regulations Governing the Practice of Professional Counseling
Statutory Authority: State: Chapter 35 of Title 54.1

Federal:
Date Petition Received 02/05/2014
Petitioner Jacqueline Biggs
 Petitioner's Request
To amend qualifications for supervisors of residents to include art therapists.
 Agency Plan
In accordance with Virginia law, the petition will be filed with the Register of Regulations and published on March 10, 2014 with comment requested until April 9, 2014.  It will also be placed on the Virginia Regulatory Townhall and available for comments to be posted electronically. At its first meeting following the close of comment, scheduled for May 9, 2014, the Board will consider the request to amend regulations and all comment received in support or opposition and decide whether to initiate rulemaking.
Publication Date 03/10/2014  (comment period will also begin on this date)
Comment End Date 04/09/2014
 Agency Decision
Take no action
Agency Response Date 05/14/2014
 Agency Decision Text
While the members of the Board of Counseling appreciate the role of art therapy in counseling, it is not a licensed profession and therefore not subject to the statutory and regulatory authority of the Board.  There is no license on which to rely for competency, so anyone could claim to be an "art therapist" and register to supervise a resident.  Many art therapists are licensed professional counselors and, in that capacity, are currently able to supervise a residency. Therefore, the Board  voted to deny the petition and will not amend its rules accordingly.