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COMMITTEE ON HEALTH, HOSPITALS AND HUMAN SERVICES BILL NO. 35-0128 Thirty-Fifth Legislature of the Virgin Islands September 12, 2023 An Act amending title 27 Virgin Islands Code, chapter 4A relating to the practice of professional counseling to modify and update licensure requirements, and for other related purposes PROPOSED BY: Senator Marvin A. Blyden Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 27, chapter 4A of the Virgin Islands Code is amended as follows: 2 (a) Section 201 is amended: 3 (1) in subsection (c) by striking all the language in paragraph (2) and inserting 4 new language that reads as follows: “has been independently licensed for a minimum of 5 three years, and has documented to the Board the completion of a graduate-level course 6 or the equivalent that included content and experience relevant to the supervision of 7 behavioral health clinicians, or”; 8 (2) by striking all the language in paragraph (3) and inserting new language that 9 that reads as follows: “has been independently licensed for a minimum of five years and 10 has documented to the Board two years of experience as a supervisor of pre-licensed 11 counselors”; 12 2 (3) by striking paragraphs (4) and (5); 1 (4) in subsection (e) striking all the language after “means” and inserting 2 language that reads as follows: “the use, for a fee or compensation, of scientific and 3 applied behavioral science theories, methods, and techniques for the purpose of 4 describing, preventing, and treating undesired behavior and enhancing mental health and 5 human development and is based on the person-in-situation perspectives derived from 6 research and theory in personality, family, group, and organizational dynamics and 7 development, career planning, cultural diversity, human growth and development, human 8 sexuality, normal and abnormal behavior, psychopathology, psychotherapy, and 9 rehabilitation. The practice of counseling includes methods of a psychological nature 10 used to evaluate, assess, diagnose, and treat emotional and mental dysfunctions or 11 disorders, whether cognitive, affective, or behavioral, behavioral disorders, interpersonal 12 relationships, sexual dysfunction, alcoholism, and substance abuse. The practice of 13 counseling includes, but is not limited to, psychotherapy, hypnotherapy, and sex therapy. 14 The practice of counseling also includes behavior modification, consultation, client- 15 centered advocacy, crisis intervention, and the provision of needed information and 16 education to clients, when using methods of a psychological nature to evaluate, assess, 17 diagnose, treat, and prevent emotional and mental disorders and dysfunctions, whether 18 cognitive, affective, or behavioral, behavioral disorders, sexual dysfunction, alcoholism, 19 or substance abuse. The practice of counseling may also include clinical research into 20 more effective psychotherapeutic modalities for the treatment and prevention of such 21 conditions, as well as services performed with individuals, couples, or groups wherein 22 interpersonal relationships are examined for the purpose of achieving more adequate, 23 3 satisfying, and productive marriage and family adjustments. The practice includes 1 relationship and premarital counseling.”; 2 (5) in subsection (i) by striking all the language after “individual who” and 3 inserting new language that reads as follows: “is licensed under this chapter to practice 4 substance abuse counseling”; 5 (6) in subsection (j) by striking all the language after “individual who” and 6 inserting new language that reads as follows: “is licensed under this chapter to practice 7 marriage and family therapy”; 8 (7) in subsection (k) by striking all the language after “individual” and inserting 9 new language that reads as follows: “licensed under this chapter to practice professional 10 counseling.”; and 11 (8) by striking subsection (l) and inserting a new subsection (l) that reads as 12 follows: “(l) “Provisional licensee” means a person provisionally licensed under this 13 chapter to provide counseling services under the supervision of a Board-approved 14 supervisor as an Associate Substance Abuse Counselor, Associate Marriage & Family 15 Therapist or Associate Professional Counselor.” 16 (b) Section 202 is amended: 17 (1) in subsection (c) by striking “three shall continue in office for two years, 18 three for three years, and one for four years.”, and inserting “four shall continue in office 19 for five years, and three for three years.”; and 20 (2) in subsection (h) by inserting “pursuant to 3 V.I.C. § 65 after the word 21 “business”. 22 (c) Section 206 is amended in subsection (b) by striking all the language after the word 23 “perform” and inserting “criminal background checks, pursuant to section 221 of this title of 24 4 every applicant licensed by the Board, and every applicant seeking an initial license under this 1 chapter.” 2 (d) Section 207 is amended: 3 (1) in subsection (a), paragraph (2) by striking all the language after the words 4 “completion of” and inserting new language that reads as follows: “a minimum of 60 5 graduate semester hours, including a masters or doctoral degree, with emphasis in 6 addictions counseling, professional counseling, counselor education, counseling; and 7 psychology, community mental health or in a comparable field with a concentration in 8 mental health and substance abuse, and has completed a supervised practicum or 9 internship with graduate level coursework in each of the following: 10 (A) Counseling Theory & Practice; 11 (B) Human Growth & Development; 12 (C) Lifestyle & Career Development; 13 (D) Group Dynamics, processes, counseling & consulting; 14 (E) Appraisal/Assessment & Testing of Individuals; 15 (F) Principles of diagnosis, treatment, planning & prevention of mental & 16 emotional disorders & dysfunctional behavior; 17 (G) Social & cultural foundation/ Multicultural counseling; 18 (H) Marriage and family counseling/therapy; 19 (I) Research & program evaluation; 20 (J) Professional orientation & ethics; and 21 (K) Coursework in the core areas relating to the treatment of clients for 22 alcohol or drug abuse”; 23 5 (2) by striking paragraph (3) and inserting a new paragraph (3) that reads as 1 follows: 2 “(3) has demonstrated to the satisfaction of the Board the successful 3 completion of a minimum of 2500 hours of post-master’s professional counseling, 4 of which 2000 hours involved direct clinical contact under the supervision of a 5 Board approved supervisor and a minimum of 100 hours of clinical supervision.”; 6 (3) by adding paragraphs (5) and (6) to read as follows: “(5) Passes the 7 examination requirement established by the Board; (6) Completion of 20 hours of CEUs, 8 of which a minimum of 6 must relate to substance abuse or addiction, and the following 9 must be included: Ethics, HIPAA, Cultural Diversity/Sensitivity & Telehealth.”; and 10 (4) in subsection (c) by striking “to practice medicine, social work, or 11 psychology,” and inserting “unless the person is determined to be qualified by the Board 12 by virtue of education, training or experience”. 13 (e) Section 208 is amended: 14 (1) in subsection (a): 15 (A) paragraph (2) by striking “year of” and inserting “a minimum of a 16 master’s degree consisting of a”; 17 (B) by striking paragraph (3) and inserting a new paragraph (3) that reads: 18 “(3) has demonstrated to the satisfaction of the Board the successful 19 completion of a minimum of 2500 hours of post-master’s professional 20 counseling, of which 2000 involved direct clinical contact under the 21 supervision of a Board-approved supervisor and a minimum of 100 hours of 22 clinical supervision.”; and 23 6 (C) by adding paragraph (6) to read as follows: “(6) Completion of 20 hours 1 of CEUs, of which the following must be included: Ethics, HIPAA, Cultural 2 Diversity/Sensitivity & Telehealth”; and 3 (2) in subsection (c) by striking “to practice medicine, social work, or 4 psychology, to provide counseling for disorders other than substance abuse or” and 5 inserting “unless the person is qualified by the Board by virtue of education, training or 6 experience.” 7 (f) Section 209 is amended in the following instances: 8 (1) In subsection (a): 9 (A) in paragraph (2), by striking “including a master’s or doctoral degree 10 in” and inserting “a minimum of a master’s degree, consisting of”; 11 (B) in paragraph (3) by striking all the language after “completion of” and 12 inserting “a minimum of 2500 hours of post-master’s professional counseling, of 13 which 2000 hours involved direct clinical contact under the supervision of a Board- 14 approved supervisor, and a minimum of 100 hours of clinical supervision;”; 15 (C) “By adding paragraph (6) to read as follows: “(6) Completion of 20 16 hours of CEUs, of which the following must be included: Ethics, HIPAA, Cultural 17 Diversity/Sensitivity & Telehealth.”; and 18 (2) by adding subsection (c) that reads as follows: “(c) Nothing in this chapter 19 may be construed to authorize a professional counselor to order, administer, or interpret 20 psychological tests or use psychometric procedures, unless the person is determined to 21 be qualified by the Board by virtue of education, training or experience.” 22 (g) Section 210 is amended: 23 7 (1) by striking the section heading and inserting a new section heading that reads 1 as follows: 2 “§ 210 Exams, issuance of provisional licenses and licenses with exemptions” 3 (2) in subsection (e) by striking all the language after “who” and inserting new 4 language to read as follows: “have been actively practicing at the independent level in 5 the territory for a minimum of two years post-master’s and previously held the 6 Consultation & Related Therapies designation, and; the applicant must meet the 7 academic and examination requirements for licensure as a substance abuse counselor, 8 marriage and family therapist or licensed professional counselor, as the case may be, and 9 shall present satisfactory evidence of qualifications to the Board.”; and 10 (3) by adding subsection (f) to read as follows: “(f) A person who has not 11 satisfied the postgraduate or post-master’s level experience requirements, as specified in 12 sections 207, 208, and 209 of this chapter, must register as an associate in the profession 13 for which the person is seeking licensure before commencing the post-master’s 14 experience requirement. The Board shall issue a provisional license as an associate 15 substance abuse counselor, an associate marriage and family therapist, or an associate 16 professional counselor to each applicant that has: 17 (1) completed an application and paid the applicable fee as set forth in 18 section 211; 19 (2) demonstrated to the Board the completion of education requirements in 20 the profession for which the applicant seeking licensure, as specified in sections 21 207, 208 & 209; and 22 8 (3) identified a Board-approved supervisor, submitted to the Board a letter 1 of Intent to Supervise from the identified supervisor, and remains under supervision 2 while practicing under their provisional license.” 3 (4) A provisional license is valid for five (5) years, and once expired is not 4 renewable and may not be reissued. Once expired, if the licensee has not met the 5 requirements for full licensure, the licensee must re-apply for associate status and 6 the applicant’s experience requirements must be restarted.” 7 (h) Section 220 is amended: 8 (1) in subsection (b) by inserting after “willfully” the words “or knowingly 9 conceals information relative to violations in this chapter or,”; and 10 (2) by adding subsection (f) to read as follows: “(f) Any person who knowingly 11 employs a person who holds himself out to be a licensed professional counselor, to 12 practice within the territory of the Virgin Islands, without a valid license granted under 13 this chapter is subject to punishment upon conviction by a fine of not less than $1,000 14 nor more than $2,500 for each offense. This subsection shall not apply to a natural person 15 retaining counseling services for himself or a family member as a client.” 16 BILL SUMMARY 17 This bill amends specific sections of Title 27, chapter 4A of the Virgin Islands Code, 18 relating to the practice of professional counseling services in the territory by modifying 19 licensure exemptions, as well as eligibility requirements for applications, approved supervisor 20 designation, Associate Substance Abuse Counselor, Associate Marriage and Family Therapist, 21 Associate Professional Counselor designations and licensure as a Substance Abuse Counselor, 22 Marriage and Family Therapist and Professional Counselor respectively. 23 BR23-0169/August 23, 2023/Updated by HLF 24