Commerce, Occupational and Professional Licensing

Rule R156-78

Vocational Rehabilitation Counselor Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 34912
Filed: 06/09/2011 09:15:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change implements changes made by the 2011 Legislature in H.B. 243 and a requested change made by the Vocational Rehabilitation Counselors Licensing Board. (DAR NOTE: H.B. 243 (2011) was effective 05/10/2011.)

Summary of the rule or change:

In Subsection R156-78-102, the proposed amendment is intended to allow the Board and Division to exercise discretion in cases when a licensee has a master's degree in a field not specifically listed as a "related field" if the degree is found to be substantially related to the practice of rehabilitation counseling. In Section R156-78-303, the renewal cycle is updated from one year to a two year period as the result of H.B. 243. In Section R156-78-304, the proposed amendments make changes necessitated by the passing of H.B. 243, which change the renewal period from one year to a two year period and double the continuing education hours listed since the renewal period is now for a two year period. A new Subsection R156-78-304(8) is added to allow licensees not to lose credit for up to 10 extra contact hours of continuing education completed during a renewal period.

State statutory or constitutional authorization for this rule:

• Section 58-78-101
• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

Under H.B. 243, the 217 currently licensed vocational rehabilitation counselors (LVRC) will pay a $47 renewal fee every two years rather than once a year. As a result, the Division will lose approximately $10,199 in revenue every two years. The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to LVRCs and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to LVRCs and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to LVRCs and applicants for licensure in that classification. The change from a one-year to a two-year renewal cycle will save LVRCs $47 every two years. The Division currently has 204 LVRCs for an aggregate savings of $9,588. A licensee will also save money by being able to count up to 10 extra hours of continuing education completed during a renewal cycle toward the continuing education requirement of the subsequent renewal cycle. The Division is not able to determine an exact savings amount due to varying types of continuing education courses that can be taken.

Compliance costs for affected persons:

The proposed amendments only apply to LVRCs and applicants for licensure in that classification. The change from a one-year to a two-year renewal cycle will save LVRCs $47 every two years. A licensee will also save money by being able to count up to 10 extra hours of continuing education completed during a renewal cycle toward the continuing education requirement of the subsequent renewal cycle. The Division is not able to determine an exact savings amount due to varying types of continuing education courses that can be taken.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing implements recent statutory changes made during the 2011 General Session with respect to a two-year renewal cycle for which fiscal impact to businesses has already been addressed. The rule also amends the reference to education in a "related field" allowing the Division and the licensing Board to consider other substantially similar fields of study. No fiscal impact to businesses is anticipated from that amendment.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/01/2011

Interested persons may attend a public hearing regarding this rule:

• 07/07/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464, Salt Lake City, UT

This rule may become effective on:

08/08/2011

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-78. Vocational Rehabilitation Counselors Licensing Act Rule.

R156-78-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 78, as used in Title 58, Chapters 1 and 78 or in this rule:

(1) "Disability related work experience", as used in Subsection 58-78-302(1)(e), means the practice of providing vocational rehabilitation services as defined in Subsection 58-78-102(3).

(2) "In-service" means a continuing education course that meets the requirements in Subsection R156-78-304(4) and is hosted or sponsored by an employer and not by a professional association, society or organization related to the profession.

(3) "LVRC" means a licensed vocational rehabilitation counselor.

(4) "Related field", as used in Subsection 58-78-302(1)(d), includes any of the following:

(a)[(i)] psychology;

([ii]b) clinical psychology;

([iii]c) counseling psychology;

([iv]d) professional guidance and counseling;

([v]e) social work;

([vi]f) educational counseling;

([vii]g) educational psychology with rehabilitation counseling emphasis;[and]

([viii]h) special education with rehabilitation counseling emphasis; and

(i) any other field deemed substantially related to the practice of rehabilitation counseling by the Board and Division.[(b) before January 1, 2011, rehabilitation studies and marriage and family therapy.]

(5) "Supervision", as used in Subsections 58-78-302(1)(e) and 58-78-304(1) means general supervision in that the supervising licensee:

(a) has authorized the work to be performed by the person being supervised;

(b) is available for consultation with the person being supervised by personal face-to-face contact, or direct voice contact by telephone, radio, or some other means, whether or not the supervising licensee is located on the same premises as the person being supervised;

(c) provides necessary consultation within a reasonable period of time; and

(d) maintains routine personal contact with the person being supervised.

(6) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 78, is further defined in accordance with Subsection 58-1-203(1)(e) in Section R156-78-502.

(7) "Vocational assessment", as used in Subsection 58-78-102(3)(c), includes the performance of forensic evaluations.

 

R156-78-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the [one]two-year renewal cycle applicable to licensees under Title 58, Chapter 78 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

R156-78-304. Continuing Education.

(1) In accordance with Subsection 58-78-303(3), there is established a continuing education requirement for all individuals licensed under Title 58, Chapter 78 as an LVRC.

(2) During the [annual]two-year license renewal period commencing April 1 of each odd-numbered year, an LVRC shall be required to complete not less than [20]40 hours of continuing education directly related to the licensee's professional practice of which a minimum of [two]four hours must be completed in ethics/law.

(3) The required number of hours of continuing education for an individual who first becomes licensed during the [one]two-year period shall be decreased in a pro-rata amount equal to any part of that [one] two-year period preceding the date on which that individual first became licensed.

(4) Continuing education under this Section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience to provide continuing education relevant to the practice of vocational rehabilitation counseling; and

(c) have a method of verification of attendance and completion.

(5) Credit for continuing education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for continuing education completed in blocks of time of not less than one hour in formally established classroom courses, seminars, conferences or training sessions which meet the criteria listed in Subsection (4) above, and which are approved by, conducted by, or under the sponsorship of:

(i) universities and colleges; or

(ii) professional associations, societies and organizations representing a licensed profession whose program objectives relate to the practice of vocational rehabilitation counselors;

(b) a maximum of [ten]20 hours per [one] two-year period may be recognized for:

(i) teaching courses under Subsection (5)(a); or

(ii) supervision of an individual completing the experience requirement for licensure as an LVRC;

(c) a maximum of [six]12 hours per [one] two-year period may be recognized for [clinical readings or] in-service directly related to practice as an LVRC; and

(d) a maximum of [12]24 hours of continuing education per [one] two-year period may be recognized for internet or distance-learning courses that include an examination and issuance of a completion certificate.

(6) A licensee shall be responsible for maintaining competent records of completed continuing education for a period of four years.

(7) A licensee requesting a waiver of the continuing education requirement must comply with requirements as established by rule in Section R156-1-308d.

(8) If a licensee completes more than the required number of hours of continuing education during a two-year renewal cycle specified in Subsection (2), up to ten hours of the excess over the required number may be carried over to the next two-year renewal cycle. No education received prior to a license being granted may be carried forward to apply towards the continuing education required after the license is granted.

 

KEY: licensing, vocational rehabilitation counselor

Date of Enactment or Last Substantive Amendment: [June 21, 2010]2011

Authorizing, and Implemented or Interpreted Law: 58-78-101; 58-1-106(1)(a); 58-1-202(1)(a)