HB426 - ericsundberg/legwiki GitHub Wiki

Table of Contents

HB 426 Counseling, Board of; licensure of professional counselors without examination.

Status

House Senate Conference Governor
Committee Floor Committee Floor
Referred to Committee Referred to Subcommittee Subcommittee Committee 1st 2nd 3rd Referred to Committee Referred to Subcommittee Subcommittee Committee 1st 2nd 3rd
Health and Human Services Health Professions On agenda 2/1

Overview

Summary as Introduced

Board of Counseling; licensure of professional counselors without examination. Allows the Board of Counseling to issue a license to practice as a professional counselor without examination to an applicant seeking initial licensure or renewal of such license and who satisfies all other education, experience, and fitness to practice requirements set forth in regulation and who is qualified to practice professional counseling.

Patrons

House Patrons

  • Joshua G. Cole (chief patron)

Senate Patrons

  • None

Full Text

History

Impact Statement

This bill has a fiscal impact statement.

1. Bill Number: HB426

House of Origin
Stage Status
Introduced
Substitute
Engrossed
Second House
Stage Status
In Committee
Substitute
Enrolled

2. Patron: Cole

3. Committee: Committee Referral Pending

4. Title: Board of Counseling; licensure of professional counselors without examination.

5. Summary: Allows the Board of Counseling to issue a license to practice as a professional counselor without examination to an applicant seeking initial licensure or renewal of such license and who satisfies all other education, experience, and fitness to practice requirements set forth in regulation and who is qualified to practice professional counseling.

6. Budget Amendment Necessary: No.

7. Fiscal Impact Estimates: Preliminary

8. Fiscal Implications: No fiscal impact

9. Specific Agency or Political Subdivisions Affected: Department of Health Professions

10. Technical Amendment Necessary: No

11. Other Comments:

Language

There is substitute language for this bill:

1. § 1. That the Board of Counseling (the Board) shall review the regulations for the licensure of professional counselors and develop an examination alternative to licensure that does not conflict with the requirements set forth in the Counseling Compact entered into under § 54.1-3500.1 of the Code of Virginia. Under this alternative pathway, the Board may issue a license to practice as a professional counselor without examination to an individual who has applied for such license and who satisfies all other education, experience, and fitness to practice requirements.

The original language of HB426 can be viewed here.

Opening Statement

House Subcommittee Statement

Thank you Madam Chair,


We have prepared a substitute for this bill. Speaking to the substitute; thank you Madam Chair.

The substitute instructs the Board of Counselors to review the regulations for the licensure of professional counselors and develop an examination alternative to licensure that does no conflict with the requirements of the Counseling Compact ("the Compact") agreement the Commonwealth entered one month ago, under § 54.1-3500.1.

This is in lieu of the original language which encountered issues with determining a pathway to licensure with an examination alternative that did not contradict the requirements of the Compact.

I ask that the committee move the substitute for this bill.


HB426 is just one step in a much larger, difficult conversation: bias in testing, particularly racial and classist bias.

There is a startling statistic that comes with counseling examination pass rates; on the first attempt 4 out of 5 White test takers will pass, yet less than 50% of Black test takers will pass.

It's not only in the field of counseling, test results show a continuous bias in their results. From the SATs to ASWB social workers exam, the disparity is evident.

Obviously something is wrong here.

Members of the committee, not all of us are good test takers, but to quote one of my esteemed colleagues "we're just as smart as them," pass or fail. We've long known melanin has no correlation with brain power.

But some of us are wired differently; whether it came from nature or nurture, environment or experience, not all capable people can express their brilliance through a examination.

The bill as amended gives directive to take a step towards addressing the discrepancy in testing. This requests the Board of Counselors determine a pathway to ensures Virginia can reap the benefits of the Compact (expanded access for patients, easier transitions and reciprocity for counselors across multiple states, ability to practice in many virtual, cross-state settings) and see all future counselors find their way into the field.

I am sympathetic to the concerns you may hear from those opposing the bill: we want to ensure a basic standard of practice for the safety of the patient.

The bill, with the newly substituted language, positions us to meet that concern.

Additionally, we should keep in mind the amount of work those who get to the point where they are taking the test have already done. They have:

  • Completed a master's degree in either mental health or marriage and family counseling;
  • Is already a licensed resident by the Board;
  • Is already working in the field, putting in hundreds of hours.
We aren't seeking to lower the standard, but instead to find a way to make our standards more accessible to all potential counselors regardless of their lived experiences, cultural background, and test-taking abilities.

I have with me Dr. Bridgette Williams who brought forward this bill idea to me and explained the need to address the situation, a licensed counselor herself. She will help me address any questions I lack the particular knowledge to answer (in regards to counseling).

I hope it be the will of the committee to report HB426 to full committee.

House Committee Statement

n/a

Floor Statement

Thank you, Mr. Speaker;

I like to move the subcommittee amendments.


Thank you, Mr. Speaker;

HB426 is a bill to mitigate bias in testing while upholding standards.

The data speaks volumes: racial and class disparities persist. It is imperative we do something to address this.

The bill addresses this concern; it asks the Board to find a solution that allows counselors to gain licenses to practice without compromising our status as a compact member.

I hope it will be the will of House to engross the bill and pass it on to its third reading.

Senate Subcommittee Statement

I'd ask we adopt the substitute.

Speaking to the substitute;

The substitute:

  • Directs the Board of Counseling to accept the NEC as a valid exam for licensing; the NEC is a nationally recognized exam accepted by the Counseling Compact;
  • Is a compromise of stakeholders;
  • Broadens the pathway to become a licensed counselor;
HB426, with the substitute is aimed at enhancing equity and inclusivity in our state's counseling profession.

This bill proposes to recognize the National Counselor Examination (NCE) as a valid licensure examination, offering a pathway for aspiring counselors from all backgrounds to enter the field.

By incorporating the NCE as an accepted standard, we acknowledge the concerns regarding low pass rates among non-white test takers and strive to promote fairness and diversity within our counseling community.

Through this bill, we affirm our commitment to ensuring that all qualified individuals have equal opportunities to pursue licensure and contribute meaningfully to the well-being of our communities.

I hope it will be the will of the committee to report this bill.

Senate Committee Statement

n/a

Support and Opposition

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