5542403 Health, Department of - Notice of Proposed Rulemaking - Regulating independent practice of graduate professional counselors

DEPARTMENT OF HEALTH

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the Department of Health, pursuant to the authority set forth under § 302(14) of the District of Columbia Health Occupations Revision Act of 1985 (“Act”), effective March 15, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14) (2012 Repl.)), and Mayor’s Order 98-140, dated August 20, 1998, hereby gives notice of the intent to adopt the following amendments to Chapter 91 (Graduate Professional Counselor) of Title 17 (Business, Occupations, and Professionals) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

 

 The purpose of the amendment is to define the term “independent practice” and to notify graduate professional counselors that maintaining an independent practice is prohibited during their period of licensure. In addition, this rulemaking notifies licensees, students, and graduates that practice professional counseling that they are required to abide by the most recent edition of the Code of Ethics as published by the American Counseling Association.

 

Chapter 91, GRADUATE PROFESSIONAL COUNSELOR, of Title 17 DCMR, BUSINESS, OCCUPATIONS, AND PROFESSIONALS, is amended as follows:

 

Section 9105, SUPERVISED EXPERIENCE REQUIREMENTS, is amended as follows:

 

Add a new Subsection 9105.9 to read as follows:

 

9105.9             Only a licensed professional counselor may engage in independent practice. A graduate professional counselor shall not engage in independent practice.  For purposes of the section “independent practice” means:

 

(a)                Rendering counseling services on his or her own responsibility, free of the administrative and professional control of an employer or clinical supervisor;

 

(b)               Directly collecting fees from a client, or his or her representative, as the payor,  for services rendered where the counselor is the payee; or

 

(c)                Maintaining an office or office space at his or her own expense with advertising to the public that conveys information or the idea that the   counselor is not affiliated with a licensed health professional who provides   supervision. 

 

Section 9111, STANDARDS OF CONDUCT, is amended as follows:

 

Add a new Subsection 9111.48 to read as follows:

 

9111.48           A licensee, student or graduate practicing professional counseling pursuant to this chapter shall adhere to the standards set forth in the most recent edition of the Code of Ethics as published by the American Counseling Association.

 

 

All persons desiring to comment on the subject of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of the publication of this notice in the D.C. Register.  Comments should be sent to the Department of Health, Office of the General Counsel, 899 North Capitol Street, N.E., 5^th Floor, Washington, D.C., 20002.  In addition, comments may be sent to [e-mail], [phone].  Copies of the proposed rules may be obtained from the Department of Health at the same address during the hours of 9 a.m. to 5 p.m., Monday through Friday, excluding holidays.