Petition to Amend LPC and LMFT Regulations Regarding Direct Billing by Residents

I am formally requesting the removal of the phrase "directly bill for services rendered" from the LPC and LMFT regulations. This change would allow Residents in private practice under supervision to directly bill clients and receive payment without involving their supervisors.

While the regulations do not explicitly prohibit Residents from collecting payment, the Board of Counseling has interpreted this phrase to restrict direct payment to clients. This interpretation has been upheld in previous petition denials in 2005 and 2019.

The Board's 2019 decision cited concerns about:

1. Reimbursement policy conflicts: This concern is unfounded as Residents cannot bill insurance, including DMAS, and the Board has no authority over insurance reimbursement.
2. Incentivizing independent practice: This concern is mitigated by the requirement for Residents to inform clients of their supervised status. Penalizing all Residents for potential misconduct by a few is unfair.

The current regulation creates significant hardship for Residents seeking private practice. Finding supervisors willing to manage client payments is challenging due to financial, administrative, and legal concerns. This process is inefficient, confusing for clients, and disproportionately impacts Residents compared to those in exempt settings or employed positions.

Allowing direct billing would:

• Streamline the payment process for Residents and supervisors.
• Reduce administrative burdens and financial risks for supervisors.
• Improve client satisfaction by simplifying the payment process.
• Create a more equitable environment for Residents seeking private practice.

This change aligns with modern business practices and supports the professional development of Residents. It is essential to adapt regulations to the evolving landscape of mental health care. By removing this outdated restriction, the Board can foster a more supportive environment for Residents while maintaining ethical standards.

I urge the Board of Counseling to reconsider this matter and approve this petition.