Archived Reports

Legislative Committee Report
November 2, 2019
Joseph G. Lynch LCSW

Qualified Mental Health Professional (QMHP):
The Board of Counseling published their Final QMHP regulations in the Virginia Register of Regulations on October 14, 2019. I have made public comment at each stage of the regulatory process. The Final stage offered one last opportunity to make public comment so I took advantage of this and made my most forceful arguments (See Attached). I raise four concerns:

1. The process followed to develop these regulations may have created an anti-competitive impact on social workers.
2. The process followed to develop these regulations may have also created antitrust concerns.
3. It seems contrary to public policy to require a person meeting the highest level of regulation- “Licensure” to acquire the lowest level of regulation- “Registration” in order to be paid by DMAS for providing services that are within the scope of practice of their license.
4. The requirement on LBSW’s and LMSW’s licensees to acquire registration as a Qualified Mental Health Provider from the Board of Counseling in order to be paid by DMAS for providing services that are within the scope of practice of their license appears to be an abridgement of their constitutional rights that is not for the protection or preservation of the health, safety, and welfare of the public. Also, this requirement appears to be an abridgement that is greater than necessary to protect or preserve the public health safety, and welfare.

All of these concerns are related to legal issues and as all of you know I am not an attorney. But even non-attorney citizens are allowed to raise concerns that relate to legal issues in the venue of “public comment” on proposed regulations. In addition to making public comment I sent a copy of my comments (with a cover letter) to my House of Delegates representative (Tony Wilt) asking for any assistance he could provide to help with what seemed to me to be an unfair process to social workers.

PUBLIC COMMENT TO THE VIRGINIA BOARD OF COUNSELING

Regarding: REGULATIONS GOVERNING THE REGISTRATION OF QUALIFIED MENTAL HEALTH PROFESSIONALS

Submitted by,
Joseph G. Lynch LCSW
Legislative Vice President VSCSW

18VAC115-80-10

The Virginia Society for Clinical Social Work and the Northern Virginia members of the Greater Washington Society for Clinical Social Work appreciate the opportunity to make public comment concerning the final text of the Regulations governing the registration of qualified mental health professionals, 18vac115-80-10.

We are concerned that the process of the development of these regulations appears to have created an anti-competitive impact on social workers and also raise antitrust and constitutional concerns. Outlined below is the rationale for our concerns.

Legislative Committee Report

July 20, 2019

Joseph G. Lynch LCSW

VBSW UPDATE:
The VBSW held a Board meeting on June 14, 2019. Some of the agenda items and issues discussed were:

1. 1. The Board received 728 comments:
   1. 455 comments were in support of the Proposed Guidance Document.  Commenters noted that:
   1. Conversion therapy has no scientific basis.
   2. Conversion therapy is not supported by any mental health professional organization.
   3. Conversion therapy has been shown to be ineffective.
   4. Conversion therapy has been shown to be unethical and destructive to individuals and families.
   2. 273 comments were in opposition to the Proposed Guidance Documents.  Commenters noted that:
   1. Any prohibition of practice is a violation of a social workers Constitutional Rights to Free Speech and Freedom of Religion.
   2. Patients have a right to receive counseling for unwanted sexual feelings.
   3. Parents have a fundamental right to make decisions for their children.
   4. The Virginia General Assembly has failed to pass any legislation that has been put forward to prohibit Conversion Therapy.

    

   1. The Board had the following choices:
   1. Retaine the Guidance Document as published.
   2. Revise the Guidance Document in response to public comment.
   3. Withdraw the Guidance Document.

Issue 9 April 5, 2018

FROM Rick Goodling, LCSW
E-Bulletin: VSCSW E-Bulletin: Please contact Governor Northam’s office to thank him for signing HB 793 without amendments.

The VSCSW has stood in strong support of HB 793 without amendments and we are delighted to inform you that Governor Northam signed the bill yesterday without amendments. This is a significant piece of legislation for Virginia and for the Nurse Practitioners that will allow qualified NPs to practice independently. It wasn’t too long ago that Social Workers were struggling to establish independent practice.

Nearly 50% of NPs currently practicing in Virginia will be immediately eligible for the attestation process that will significantly bolster the workforce of individuals ready and able to provide quality care to patients across the Common-wealth.

Please contact the Governor’s office and thank him for signing this bill. I have included a link to the NP website.