No. 33585 (Amendment): Rule R156-78. Vocational Rehabilitation Counselors Licensing Act Rule

(Amendment)

DAR File No.: 33585
Filed: 04/29/2010 08:44:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Vocational Rehabilitation Counselors Licensing Board reviewed the rule and determined that changes need to be made to make technical changes, replace references to licensed vocational rehabilitation counselor with "LVRC", modify the listing of "related field" and update the Code of Professional Ethics for Rehabilitation Counselors to the 2010 edition.

Summary of the rule or change:

The term "licensed vocational rehabilitation counselor" has been replaced with "LVRC" throughout the rule. In Section R156-78-102, adds "LVRC" as an acronym for licensed vocational rehabilitation counselor. Subsection R156-78-102(4)(a) adds "educational psychology with rehabilitation counseling emphasis" and "special education with rehabilitation counseling emphasis" as related fields. This addition is necessary because people with these degrees completed coursework years ago at Utah schools that is equivalent to coursework in today's rehabilitation counseling degrees. To not include these degrees after 01/01/2011 as related fields prevents otherwise qualified vocational rehabilitation counselors from becoming licensed. "Educational psychology" and "special education with rehabilitation counseling emphasis" are removed in Subsection R156-78-102(3)(b) because they are separately listed in Subsection R156-78-102(3)(a). The remaining subsections are renumbered. In Section R156-78-502, updated the Code of Professional Ethics for Rehabilitation Counselors from the 2002 edition to the 2010 edition.

State statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

• Updates: Code of Professional Ethics for Rehabilitation Counselors, 01/01/2010

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 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. The proposed amendments have a low likelihood of any additional cost or saving impact on the Division beyond the amount identified above. The Division may approve a few more license applications after 01/01/2011 due to the inclusion of "educational psychology with rehabilitation counseling emphasis" and "special education with rehabilitation counseling emphasis" as related fields in Section R156-78-102.

local governments:

The proposed amendments only apply to licensed vocational rehabilitation counselors 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 licensed vocational rehabilitation counselors 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 licensed vocational rehabilitation counselors and applicants for licensure in that classification. Under the proposed amendments, applicants for the LVRC license after 01/01/2011 who have degrees in "educational psychology with rehabilitation counseling emphasis" or "special education with rehabilitation counseling emphasis" will meet the education requirement. As a result, a few more applicants may qualify for licensure and these applicants stand to benefit financially from the proposed amendments.

Compliance costs for affected persons:

The proposed amendments only apply to licensed vocational rehabilitation counselors and applicants for licensure in that classification. Under the proposed amendments, applicants for the LVRC license after 01/01/2011 who have degrees in "educational psychology with rehabilitation counseling emphasis" or "special education with rehabilitation counseling emphasis" will meet the education requirement. As a result, a few more applicants may qualify for licensure and these applicants stand to benefit financially from the proposed amendments. There is also no cost involved with obtaining the updated edition of the Code of Professional Ethics for Rehabilitation Counselors since the document is available on the Internet.

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

This rule filing expands the list of education in related fields that meets the requirements for licensure and makes other technical amendments. No fiscal impact to businesses is anticipated beyond those addressed in the rule summary.

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 [e-mail]

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:

06/14/2010

Interested persons may attend a public hearing regarding this rule:

• 06/01/2010 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

06/21/2010

Authorized by:

Mark Steinagel, Director

RULE TEXT

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.

([3]4) "Related field", as used in Subsection 58-78-302(1)(d), includes any of the following:

(a) (i) psychology[,];

(ii) clinical psychology[,];

(iii) counseling psychology[,];

(iv) professional guidance and counseling[,];

(v) social work[,];

(vi) [and ]educational counseling;[and]

(vii) educational psychology with rehabilitation counseling emphasis; and

(viii) special education with rehabilitation counseling emphasis; and

(b) before January 1, 2011, [educational psychology, ]rehabilitation studies[, special education with rehabilitation counseling emphasis ]and marriage and family therapy.

([4]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.

([5]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.

([6]7) "Vocational assessment", as used in Subsection 58-78-102(3)(c), includes the performance of forensic evaluations.

 

R156-78-302b. Experience Requirement.

(1) An applicant for licensure verifying completion of the experience requirement established in Subsection 58-78-302(1)(e) with experience that was not completed under the supervision of an LVRC[ licensed vocational rehabilitation counselor] must apply for licensure before January 1, 2011 for the applicant's experience to count toward completion of the experience requirement. Applicants for licensure who apply on or after January 1, 2011 must verify completion of experience under the supervision of a n LVRC[licensed vocational rehabilitation counselor].

(2) A maximum of 2,000 hours of supervised experience during any one year period may be credited toward the 4,000 hour supervised experience requirement.

 

R156-78-302d. Qualifications for Licensure - Examination Requirements.

In accordance with Subsection 58-78-302(1)(f), the examination requirements for licensure as an LVRC[ vocational rehabilitation counselor] include passing the Certified Rehabilitation Counselor Examination administered by the Commission on Rehabilitation Counselor Certification.

 

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 a n LVRC[vocational rehabilitation counselor].

(2) During the annual license renewal period commencing April 1 of each year, an LVRC[ vocational rehabilitation counselor] shall be required to complete not less than 20 hours of continuing education directly related to the licensee's professional practice of which a minimum of two 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 year period shall be decreased in a pro-rata amount equal to any part of that one 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 hours per one 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[ vocational rehabilitation counselor];

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

(d) a maximum of 12 hours of continuing education per one 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.

 

R156-78-502. Unprofessional Conduct.

(1) "Unprofessional conduct" includes:

(a) violating any provision of the Code of Professional Ethics for Rehabilitation Counselors, published by the Commission on Rehabilitation Counselor Certification, effective January 1, [2002]2010, which is hereby adopted and incorporated by reference;

(b) failing to report in writing to the Division unlawful or unprofessional conduct as defined in Section 58-78-501, 58-78-502 and this Section, by a person licensed under Title 58, Chapter 78 within ten days after learning of the conduct, if the conduct:

(i)(A) results in disciplinary action taken by the licensee's employer or a professional association; or

(B) results in a significant adverse impact on the public's health, safety or welfare; and

(ii) was not known by the licensee to have already been reported to the Division; and

(c) failing to provide general supervision as defined in Subsection R156-78-102(4).

 

KEY: licensing, vocational rehabilitation counselor

Date of Enactment or Last Substantive Amendment: [September 10, 2009]2010

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

 

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