5/31/2019 3:06 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
Agency Decision
Promulgating Board: Board of Counseling
Regulatory Coordinator: Elaine J. Yeatts


Agency Contact: Jaime Hoyle

Executive Director


Contact Address: Department of Health Professions

9960 Mayland Drive

Suite 300

Richmond, VA 23233
Chapter Affected:
18 vac 115 - 60: Regulations Governing the Licensure of Substance Abuse Practitioners
Statutory Authority: State: Chapter 35 of Title 54.1

Date Petition Received 12/18/2018
Petitioner Michael Hayter
 Petitioner's Request
To amend regulations to waive the requirement for an examination for licensed clinical social workers who can show clinical experience based in substance abuse services to become licensed substance abuse treatment practitioners. Licensed professional counselors currently have such a waiver.
 Agency Plan
In accordance with Virginia law, the petition will be filed with the Register of Regulations and published on January 21, 2019 with comment requested until February 20, 2019.  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 31, 2019, the Board will consider the request to amend regulations and all comment received in support or opposition.  The petitioner will be informed of the board's response and any action it approves.
Publication Date 01/21/2019  (comment period will also begin on this date)
Comment End Date 02/20/2019
 Agency Decision
Take no action
Agency Response Date 05/31/2019
 Agency Decision Text
The petition was published with comment requested from January 21, 2019 to February 20, 2019.  There were no comments posted electronically on the Virginia Regulatory Townhall or received by the Board. At its meeting today, the Board discussed the request to amend regulations and voted not to initiate rulemaking.  Recently, the Board conducted a periodic review of regulations and recommended that the exemption from examination currently in place for licensed professional counselors be deleted in regulations governing licensure of substance abuse treatment practitioners.  Therefore, members did not support adding an exemption for licensed clinical social workers.