Behavioral health technicians, etc.; scope of practice, supervision, and qualifications.
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SB 403 — Behavioral health technicians, etc.; scope of practice, supervision, and qualifications.
Last action — Acts of Assembly Chapter text (CHAP0595)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 05, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Behavioral health technicians; behavioral health technician assistants; qualified mental health professionals; qualified mental health professional-trainees; scope of practice, supervision, and qualifications. Adds behavioral health technicians and behavioral health technician assistants to the professions governed by the Board of Counseling. The bill also establishes qualification, scope of practice, and supervision requirements for qualified mental health professionals and qualified mental health professional-trainees. The bill directs the Board of Counseling to adopt regulations governing the behavioral health technician, behavioral health technician assistant, qualified mental health professional, and qualified mental health professional-trainee professions by November 1, 2024, and for the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services to promulgate regulations that align with the regulations adopted by the Board of Counseling in accordance with the bill.
Bill Text
What changed in the latest version
294 added · 280 removedPlain-language change summary
The latest version of Bill SB 403 has made several updates to mental health professional definitions and licensing requirements in Virginia. It now includes specific terms and clarifications about the roles of art therapists and their qualifications, establishing clear standards for licensing and practice in the field of art therapy. This is important because it enhances the regulation of mental health services, ensuring that practitioners meet established educational and professional criteria, which can ultimately improve the quality of care for individuals seeking help.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E595 An Act to amend and reenact §§ 54.1-3500 and 54.1-3505 of the Code of Virginia and to amend theNthe Code of Virginia by adding in Chapter 35 of Title 54.1 an article numbered 4, consisting of sections numbered 54.1-3518 through 54.1-3521, relating to behavioral health technicians;
behavioral healthnshealth technician assistants;
qualified mental health O professional-trainees;
L L [S 403] Approved EApril D5, 1.2024 Be it enacted by the General Assembly of Virginia:
1.
§ 54.1-3500.
Definitions.
"Appraisal activities" means the exercise of professional judgment based on observations and objective assessments of a client's behavior to evaluate current functioning, diagnose, and selBctselect appropriate treatment required to remediate identified problems or to make appropriate referral0.referrals.
"Art therapist" means a person who has (i) completed a master's or doctoral degree program in art therapy, or an equivalent course of study, from an accredited educational institution;
(ii) satEsfiedsatisfied the requirements for licensure set forth in regulations adopted by the Board;
(ii) satisfied licensethe torequirements practicefor artlicensure therapyset underforth an approved clinical supervisor in accordance with regulations ofadopted by the Board.Board;
and (iii) been issued a license to practice art therapy under an approved clinical supervisor in accordance with regulations of the Board.
"Behavioral health technician assistant" means a person who has completed a high school diploma or equivalent, at a minimum, and registered with the Board to practice in accordance with theplomathe regulations of the Board and the provisions of § 54.1-3519 to provide collaborative behavioral health services.
"Certified substance abuse counseling assistant" means a person certified by the Board to practice in acc"Certified substance abuse counselor" means a person certified by the Board to practice in accordance with the provisions of § 54.1-3507.1.54.1-3507.2.
"Certified substance abuse counselor" means a person certified by the Board to practice in accordance with the provisions of § 54.1-3507.1.
"Counseling" means the application of principles, standards, and methods of the counseling profession in (i) conducting assessments and diagnoses for the purpose of establishing treatment goals and objectives and (ii) planning, implementing, and evaluating treatment plans using treatment of 5 interventions to facilitate human development and to identify and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with mental health.
of 5 "Licensed substance abuse treatment practitioner" means a person who:
A registered peer recovery specialist shall provide such services as an employee or independent contractor of the of 5 Department of Behavioral Health and Developmental Services, a provider licensed by the Department of Behavioral Health and Developmental Services, a practitioner licensed by or holding a permit isEuedissued from the Department of Health Professions, or a facility licensed by the Department of Health.
"Resident" means an individual who has submitted a supervisory contract to the Board and hasRhas of 5 received Board approval to provide clinical services in professional counseling under supervision.
to"Substance clinicallyabuse" significantand impairment"substance ordependence" distress.eanmean a maladaptive pattern of substance use leaOingleading "Substance abuse treatment" means (i) the application of specific knowledge, skills, substance abuse treatment theory, and substance abuse treatment techniques to defineclinically goalssignificant andimpairment develop a treatment plan of action regarding substance abuse or dependencedistress. prevention, education, or treatment in the substance abuse or dependence recovery process and (ii) referrals to medical, social services, psychologiEal, psychiatric, or legal resources when such referrals are indicated.
"Substance abuse treatment" means (i) the application of specific knowledge, skills, substance abuse treatment theory, and substance abuse treatment techniques to define goals and develop a treatment plan of action regarding substance abuse or dependence prevention, education, or treatment in the substance abuse or dependence recovery process and (ii) referrals to medical, social services, psychological, psychiatric, or legal resources when such referrals are indicated.
Supervisors providedmay byonly nonlicensedsupervise supervisorsactivities shallwithin nottheir bescope aand replacementarea for the direction of servicesBoard-defined andoncompetency. collaboration with the licensed mental health professional or licensed eligible mental health professional required to perform collaborative behavioral health services.
Supervision provided by nonlicensed supervisors shall not be a replacement for the direction of services and collaboration with the licensed mental health professional or licensed eligible mental health professional required to perform collaborative behavioral health services.
S In addition to the powers granted in § 54.1-2400, the Board shall have the following specifi4specific powers and duties:
3 1.
To cooperate with and maintain a close liaison with other professional boards and the comRunitycommunity to ensure that regulatory systems stay abreast of community and professional needs.
3.
To designate specialties within the profession.
The educational credit hour, clinical experience hour, and clinical supervision hour requirements for marriage and family therapists shall not be less than the educational credit hour, clinical experience hour, and clinical supervision hour requirements for professional counselors.r,counselors. 7.
7.
The educational credit hour, clinical experience hour, and clinical supervision hour requirements for licensed substance abuse treatment practitioners shall not be less than the educational credit hour, clinical experience hour, and clinical supervision hour requirements for licensed professional counselors.
To promulgate, subject to the requirements of Article 4 (§ 54.1-3518 et seq.), regulations for the registration of qualified mental health professionals, including qualifications, education, and experience necessary for such registration, and for the registration of persons receiving supervised training in order to qualify as a qualified mental health professional qualifications, training, supervision, and experience for the registration of behavioral health technicians, behavioral health technician assistants, qualifiedequalified mental health professionals, and qualified mental health professional-trainees.
of 5 10.
of 5 § 54.1-3518.
of 5 B.
Such registered qualified mental health professionals shall be supervised by either a mental health professional licensed by the Department of Health Professions who has completed the required E supervisor training, a person under supervision that has been approved by the Board of Counseling, Board of Psychology, or Board of Social Work as a prerequisite for licensure who has completed the required supervisor training, or a registered qualified mental health professional who has practiced for three years and completed the required supervisor training.
Registered qualified mental healthcRicedhealth for professionals who have met the supervisor requirements may supervise activities within their scOpe.scope.
This supervision must occur under the broader required direction of and in collaboration with the licensed mental health professional or licensed eligible mental health professional.
L C.
Pursuant to regulations adopted by the Board, an applicant for registration as a qualifieLqualified mental health professional shall submit evidence satisfactory to the Board that the applicant has (i) completed a of 5 specified number of hours of didactic education in a program or programs recognized or approvedEbyapproved by the Board;
Show all 52 changed lines (12 more)
(ii) received, at a minimum, a bachelor's degree from an institution of higher educaDioneducation ofaccredited hoursby ofan Board-approvedaccrediting supervisedagency experience.recognized by the Board;
theand Board;(iii) accumulated a specified number of hours of Board-approved supervised experience.
and (iii) accumulated a specified number § 54.1-3521.
(viii) gathering histories of mental and phyBicalphysical health conditions, alcohol and drug use, past mental health treatment, and interactions with the crimi0alcriminal justice individualsystem; plans of care and documenting the interventions for the purposes of recordkeeping;
(ix) providing psychosocial skills development;
(x) implementing interventions as assigned on individual plans of care and documenting the interventions for the purposes of recordkeeping;
A registered qualified mental health R professional-trainee shall not engage in independent or autonomous practice and shall only perform collaborative behavioral health services.
Such registered qualified mental health professional-trainees shall be supervised by a mental health professional licensed by the Department of Health Professions who has completed the required supervisor training, a person under supervision that has been approved by the Board of Counseling, Board of Psychology, or Board of Social Work as a prerequisite for licensure and who has completed forthe threerequired yearssupervisor andtraining, completedor thea requiredregistered supervisorqualified training.talmental health professional who has practiced C.for three years and completed the required supervisor training.
C.
provisions2. of this act shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.
That the Board of Counseling's initial adoption of regulations necessary to implement the provisions of this act shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.
The initial adoption of these regulations shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.
Show all 52 changed rows (12 more)
View plain text versions (5)
- CHAP0595 View text Current pdf April 05, 2024
- SB403ER View text pdf March 08, 2024
- Committee Substitute Committee substitute printed 24107813D-H1 pdf February 27, 2024
- Committee Substitute Committee substitute printed 24106800D-S1 pdf February 01, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24104589D pdf January 09, 2024
Action History
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Acts of Assembly Chapter text (CHAP0595)
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Approved by Governor-Chapter 595 (effective 7/1/24)
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Governor's Action Deadline 11:59 p.m., April 8, 2024
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Enrolled Bill Communicated to Governor on March 11, 2024
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Signed by President
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Signed by Speaker
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Impact statement from DPB (SB403ER)
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Bill text as passed Senate and House (SB403ER)
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Enrolled
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Title replaced 24107813D-H1
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House substitute agreed to by Senate (40-Y 0-N)
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Passed by for the day
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VOTE: Block Vote Passage (97-Y 0-N)
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Passed House with substitute BLOCK VOTE (97-Y 0-N)
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Engrossed by House - committee substitute SB403H1
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Committee substitute agreed to 24107813D-H1
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Read third time
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Read second time
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Impact statement from DPB (SB403H1)
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Committee substitute printed 24107813D-H1
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Reported from Health and Human Services with substitute (21-Y 0-N)
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Subcommittee recommends reporting with substitute (7-Y 0-N)
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House subcommittee amendments and substitutes offered
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Assigned sub: Health Professions
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Referred to Committee on Health and Human Services
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Read first time
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Placed on Calendar
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Read third time and passed Senate (39-Y 0-N)
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Engrossed by Senate - committee substitute SB403S1
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Committee substitute agreed to 24106800D-S1
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Reading of substitute waived
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Read second time
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Impact statement from DPB (SB403S1)
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Constitutional reading dispensed (38-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Committee substitute printed 24106800D-S1
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Reported from Education and Health with substitute (15-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Senate committee, floor amendments and substitutes offered
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Senate subcommittee amendments and substitutes offered
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Assigned Education and Health Sub: Health Professions
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Referred to Committee on Education and Health
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Prefiled and ordered printed; offered 01/10/24 24104589D
Sponsors
- Tara A. Durant · Primary
- Lashrecse D. Aird · Cosponsor
- Jennifer B. Boysko · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on
Sponsors (1)
Co-sponsors (2)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 0 | 0 | 3 |
| Total | 96 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| C.E. Cliff Hayes, Jr. | — | Yea |
| Charniele L. Herring | — | Yea |
| Debra D. Gardner | — | Yea |
| Ennis, N. Baxter | — | Yea |
| H. Otto Wachsmann, Jr. | — | Yea |
| Higgins, Geary | — | Yea |
| Irene Shin | — | Not Voting |
| Joshua G. Cole | — | Yea |
| Kannan Srinivasan | — | Yea |
| Kathy K.L. Tran | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Mike A. Cherry | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Owen, David | — | Yea |
| Patrick A. Hope | — | Yea |
| Phillip A. Scott | — | Yea |
| Rodney T. Willett | — | Yea |
| Rozia A. Henson, Jr. | — | Yea |
| Sickles, Mark D. | — | Yea |
| Taylor, Kim A. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 2 |
| Total | 7 | 0 | 0 | 2 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| C.E. Cliff Hayes, Jr. | — | Yea |
| Joshua G. Cole | — | Yea |
| Kannan Srinivasan | — | Yea |
| Kathy K.L. Tran | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Not Voting |
| Mike A. Cherry | — | Yea |
| Owen, David | — | Yea |
| Sickles, Mark D. | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Not Voting |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Not Voting |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Not Voting |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barbara A. Favola | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| David R. Suetterlein | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark J. Peake | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Tara A. Durant | — | Yea |
| Todd E. Pillion | — | Yea |
Subjects
Frequently asked questions
- What does SB 403 do?
- Behavioral health technicians; behavioral health technician assistants; qualified mental health professionals; qualified mental health professional-trainees; scope of practice, supervision, and qualifications. Adds behavioral health technicians and behavioral health technician assistants to the professions governed by the Board of Counseling. The bill also establishes qualification, scope of practice, and supervision requirements for qualified mental health professionals and qualified mental health professional-trainees. The bill directs the Board of Counseling to adopt regulations governing the behavioral health technician, behavioral health technician assistant, qualified mental health professional, and qualified mental health professional-trainee professions by November 1, 2024, and for the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services to promulgate regulations that align with the regulations adopted by the Board of Counseling in accordance with the bill.
- Who sponsors SB 403?
- SB 403 is sponsored by Tara A. Durant, Lashrecse D. Aird, and Jennifer B. Boysko.
- What is the current status of SB 403?
- This bill has been enacted into law. Introduced January 09, 2024. Enacted.
- Where can I track SB 403?
- Track SB 403 free on One Click Politics — get push/email alerts when it moves.
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