| 4/22/2024 8:31 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
| Promulgating Board: | Board of Counseling |
| Regulatory Coordinator: | Erin Barrett (804)367-4688 erin.barrett@dhp.virginia.gov |
| Agency Contact: | Jaime Hoyle Executive Director (804)367-4406 jaime.hoyle@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 | 02/20/2024 |
| Petitioner | Bernard Curry |
The petitioner requests that the Board amend 18VAC115-20-52(C) to allow licensed clinical
social workers to provide supervision to residents in professional counseling.
Agency Plan
The petition for rulemaking will be published in the Virginia Register of Regulations
on March 11, 2024. The petition will also be published on the Virginia Regulatory
Town Hall at www.townhall.virginia.gov to receive public comment, which will open
on March 11, 2024 and will close on April 1, 2024. The Board will consider the petition
and all comments in support or opposition at the next meeting after the close of public
comment, currently scheduled for April 19, 2024. The petitioner will be notified of
the Board's decision after that meeting.
| Publication Date | 03/11/2024 (comment period will also begin on this date) |
| Comment End Date | 04/01/2024 |
Take no action
| Agency Response Date | 04/22/2024 |
At its meeting on April 19th, the Board voted to take no action on the petition. If
the Board permitted licensed clinical social workers to supervise residents in counseling,
the Board would have no jurisdiction to discipline the LCSW supervisor in the event
a violation of law occurred. Additionally, access to technology-assisted supervision
has increased the availability of supervisors for residents in counseling. Technology-assisted
supervision was not in existence at the time licensees of other boards were previously
permitted to supervise counseling residents. Finally, the Board believes that residents
in counseling would be better served by supervision from a licensed professional counselor
given the differences in the disciplines of licensed professional counseling and licensed
clinical social work.