Virginia 2024 Regular Session Status: Enacted

SB 403 — Behavioral health technicians, etc.; scope of practice, supervision, and qualifications.

Last action — Acts of Assembly Chapter text (CHAP0595)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 05, 2024.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • 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 removed

Plain-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.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 54.1-3500 and 54.1-3505 of the Code of Virginia and to amend theN numbered 54.1-3518 through 54.1-3521, relating to behavioral health technicians;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 595 An Act to amend and reenact §§ 54.1-3500 and 54.1-3505 of the Code of Virginia and to amend the 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 healthns technician assistants;
behavioral health technician assistants;
qualified mental health O professional-trainees;
qualified mental health professional-trainees;
L L [S 403] Approved E D 1.
[S 403] Approved April 5, 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 selBct appropriate treatment required to remediate identified problems or to make appropriate referral0.
"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 select appropriate treatment required to remediate identified problems or to make appropriate referrals.
therapy, or an equivalent course of study, from an accredited educational institution;
"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) satEsfied the requirements for licensure set forth in regulations adopted by the Board;
(ii) satisfied the requirements for licensure set forth in regulations adopted by the Board;
(ii) satisfied license to practice art therapy under an approved clinical supervisor in accordance with regulations of the Board.
(ii) satisfied the requirements for licensure set forth in regulations adopted by the Board;
and (iii) been issued a license to practice art therapy under an approved clinical supervisor in accordance with regulations of the Board.
or equivalent, at a minimum, and registered with the Board to practice in accordance with theploma regulations of the Board and the provisions of § 54.1-3519 to provide collaborative behavioral health services.
"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 the 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.
"Certified substance abuse counseling assistant" means a person certified by the Board to practice in accordance with the provisions of § 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.
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.
"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 interventions to facilitate human development and to identify and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with mental health.
"Licensed substance abuse treatment practitioner" means a person who:
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 isEued from the Department of Health Professions, or a facility licensed by the Department of Health.
A registered peer recovery specialist shall provide such services as an employee or independent contractor of the 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 issued 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 hasR received Board approval to provide clinical services in professional counseling under supervision.
"Resident" means an individual who has submitted a supervisory contract to the Board and has of 5 received Board approval to provide clinical services in professional counseling under supervision.
to clinically significant impairment or distress.ean a maladaptive pattern of substance use leaOing "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, psychologiEal, psychiatric, or legal resources when such referrals are indicated.
"Substance abuse" and "substance dependence" mean a maladaptive pattern of substance use leading to clinically significant impairment or distress.
"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 provided by nonlicensed supervisors shall not be a replacement for the direction of services andon collaboration with the licensed mental health professional or licensed eligible mental health professional required to perform collaborative behavioral health services.
Supervisors may only supervise activities within their scope and area of Board-defined competency.
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 specifi4 powers and duties:
In addition to the powers granted in § 54.1-2400, the Board shall have the following specific powers and duties:
3 1.
1.
To cooperate with and maintain a close liaison with other professional boards and the comRunity to ensure that regulatory systems stay abreast of community and professional needs.
To cooperate with and maintain a close liaison with other professional boards and the community 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 clinical experience hour, and clinical supervision hour requirements for professional counselors.r, 7.
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.
7.
The educational credit hour, clinical experience hour, and clinical supervision hour requirements for clinical experience hour, and clinical supervision hour requirements for licensed professional counselors.
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 for the registration of behavioral health technicians, behavioral health technician assistants, qualifiede mental health professionals, and qualified mental health professional-trainees.
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, qualified mental health professionals, and qualified mental health professional-trainees.
of 5 10.
10.
§ 54.1-3518.
of 5 § 54.1-3518.
of 5 B.
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 three years and completed the required supervisor training.
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 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 healthcRiced for professionals who have met the supervisor requirements may supervise activities within their scOpe.
Registered qualified mental health professionals who have met the supervisor requirements may supervise activities within their scope.
This supervision must occur under the broader required direction of and in collaboration with the licensed or licensed eligible mental health professional.
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.
C.
Pursuant to regulations adopted by the Board, an applicant for registration as a qualifieL mental health professional shall submit evidence satisfactory to the Board that the applicant has (i) completed a specified number of hours of didactic education in a program or programs recognized or approvedEby the Board;
Pursuant to regulations adopted by the Board, an applicant for registration as a qualified 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 approved by the Board;
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(ii) received, at a minimum, a bachelor's degree from an institution of higher educaDion of hours of Board-approved supervised experience.
(ii) received, at a minimum, a bachelor's degree from an institution of higher education accredited by an accrediting agency recognized by the Board;
the Board;
and (iii) accumulated a specified number of hours of Board-approved supervised experience.
and (iii) accumulated a specified number § 54.1-3521.
§ 54.1-3521.
(viii) gathering histories of mental and phyBical health conditions, alcohol and drug use, past mental health treatment, and interactions with the crimi0al justice individual plans of care and documenting the interventions for the purposes of recordkeeping;
(viii) gathering histories of mental and physical health conditions, alcohol and drug use, past mental health treatment, and interactions with the criminal justice system;
(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.
A registered qualified mental health 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 for three years and completed the required supervisor training.tal health professional who has practiced C.
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 the required supervisor training, or a registered qualified mental health professional who has practiced for three years and completed the required supervisor training.
C.
provisions of this act shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.
2.
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 (§ 2.2-4000 et seq.
The initial adoption of these regulations shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.
View plain text versions (5)

Action History

  1. Acts of Assembly Chapter text (CHAP0595)

  2. Approved by Governor-Chapter 595 (effective 7/1/24)

  3. Governor's Action Deadline 11:59 p.m., April 8, 2024

  4. Enrolled Bill Communicated to Governor on March 11, 2024

  5. Signed by President

  6. Signed by Speaker

  7. Impact statement from DPB (SB403ER)

  8. Bill text as passed Senate and House (SB403ER)

  9. Enrolled

  10. Title replaced 24107813D-H1

  11. House substitute agreed to by Senate (40-Y 0-N)

  12. Passed by for the day

  13. VOTE: Block Vote Passage (97-Y 0-N)

  14. Passed House with substitute BLOCK VOTE (97-Y 0-N)

  15. Engrossed by House - committee substitute SB403H1

  16. Committee substitute agreed to 24107813D-H1

  17. Read third time

  18. Read second time

  19. Impact statement from DPB (SB403H1)

  20. Committee substitute printed 24107813D-H1

  21. Reported from Health and Human Services with substitute (21-Y 0-N)

  22. Subcommittee recommends reporting with substitute (7-Y 0-N)

  23. House subcommittee amendments and substitutes offered

  24. Assigned sub: Health Professions

  25. Referred to Committee on Health and Human Services

  26. Read first time

  27. Placed on Calendar

  28. Read third time and passed Senate (39-Y 0-N)

  29. Engrossed by Senate - committee substitute SB403S1

  30. Committee substitute agreed to 24106800D-S1

  31. Reading of substitute waived

  32. Read second time

  33. Impact statement from DPB (SB403S1)

  34. Constitutional reading dispensed (38-Y 0-N)

  35. Senate committee, floor amendments and substitutes offered

  36. Committee substitute printed 24106800D-S1

  37. Reported from Education and Health with substitute (15-Y 0-N)

  38. Senate committee, floor amendments and substitutes offered

  39. Senate committee, floor amendments and substitutes offered

  40. Senate subcommittee amendments and substitutes offered

  41. Assigned Education and Health Sub: Health Professions

  42. Referred to Committee on Education and Health

  43. Prefiled and ordered printed; offered 01/10/24 24104589D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on

Sponsors (1)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 96 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 96003
Total 96003
% of votes cast 97%0%0%3%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Not Voting
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Yea
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Not Voting
Eric R. Zehr — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Not Voting
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Yea
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Passed 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 21001
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)

Official roll call →

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Total 7002
% 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

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)

Official roll call →

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)

Official roll call →

Subjects

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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?
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