Waleed Sami

Know the Law Paper

Ethics
4/4/16
Know the Law Paper
In the United States of America, working with and helping people is often fraught with
legal and ethical considerations. As professional counselors, it is important to our professional
practice to be aware of the legal ramifications of our work. If we are not cognizant of the
relevant laws that influence our practice, then we might find ourselves with a whole host of
concerns. Laws regulate the scope and nature of our practice, they standardize training, create
standards for what can or cant be done, and create precedents for ethical concerns. While none
of us can become lawyers overnight, it is important we grasp the basic contours of the laws that
affect us and the clients we work with. Since I live in the state of Virginia, it made sense to
investigate how the laws impact professional counseling. Furthermore, it makes sense to
understand how to read and retain law information in case we have to move to another state to
practice in the future.
The first topic to delve into will understand Virginia's conceptualization of Professional
Counseling and the scope that governs its process. Virginia has specific criteria on the
prerequisites that are required to become a professional counselor. In the statues of the Virginia
General Assembly 18VAC115-20-40 54.1-2400 (2014), it states that there must be specific
degree and coursework requirements in place in order to become

a verified and licensed professional counselor. Transcripts of the specific course requirements
must be turned in, along with verification of the universitys accreditation. Furthermore, there
must be verification of supervision forms that must be turned in as well. Additional verification
of the licensure of the professionals providing supervision during internships and practicums
must also be included. Additional verification must be provided, if the individual has ever held a
mental health or health certification or licensure in another jurisdiction. Finally, the applicant
must pay the licensing fee during the application process, (18VAC115-20-40, 2014)
Specifically as it relates to the education requirement, the institution must have an
expressed intent of raising and training counselors, have identifiable faculty whose role it is to
educate counselors, and a body of students who move through the course work (18VAC115-2040, 2014). In terms of coursework, the Statues of the Virginia General Assembly, 18VAC115-2051 54.1-2400 and Chapter 35 of Title 54.1, (2014), outlines specific educational
requirements in order to be considered for licensure by the State of Virginia. These include,
professional counseling and identity, life span development, ethics, counseling and
psychotherapy techniques, group counseling, abnormal counseling, etc. (18VAC115-20-51,
2014). The graduate must have completed 60 hours, with the majority of these courses being 3
credit courses.
In terms of residency, the Statues of the Virginia General Assembly, 18VAC115-2052, 4.1-2400 and Chapter 35 of Title 54.1, (2014), must adhere to several standards before they
are judged to be competent in this area. The applicant for licensure must have completed 3400
hours of supervision under a licensed professional. Those 3400 hours must include approaches
and work in these areas: assessment and diagnoses, appraisal and diagnostic procedures,

treatment planning and implementation, case management and record keeping, professional
counselor identity, and professional ethics, (18VAC115-20-52, 2014)
The residency must include at least 200 hours of face to face contact between application
and supervisor in consulting and reviewing all aspects of clinical counseling. This can be secured
through the use of technology as well too. A minimum of 1 hour per 40 hour work week, to a
maximum of 4 hours per 40 hour work week (18VAC115-20-52, 2014). No more than half of
these 200 hour must be spent in group supervision, and this supervision must be concurrent with
residency. During this time, the applicant is not allowed to call themselves
a professional counselor, rather-a resident counselor in training. In regards to supervisor
qualifications, they are rigorous and specified. The supervisor must be licensed, along with two
years of post-liscencusre practice, and be able to provide proof of education and license.
Furthermore, the supervisor must assume full responsibility of the supervisee and evaluate the
supervisee (18VAC115-20-52, 2014)
Examination is the final required step in becoming a licensed professional counselor in
Virginia. The Statues of Virginia General Assembly 18VAC115-20-70, 52, 4.1-2400
and Chapter 35 of Title 54.1, (2014), Every applicant must have passed the National Clinical
Mental Health Counselor Examination (NCMHCE). There exists a broad scope of duties and
standards that counselors must practice under. These are defined under the Statues of Virginia
General Assembly 18VAC115-20-130, 54.1-2400 and Chapter 35 of Title 54.1 of the Code
of Virginia (2014). The first standard is the "protection of public health, safety, and welfare, and
the best interest of the public," (18VAC115-20-130, 2014) will be what guides all other
standards. Think of this as the conceptual framework that Virginia attempts to lay out for its
standards. Following this standard, Virginia places an importance and emphasis

on practicing within the scope of competence and education, and presenting this accurately to
their clients (18VAC115-20-130, 2014). The law also mentions that counselors should stay up to
date with proper research and new interventions, and justify applying them to their clients.
Counselors must also vigorously document all client interactions, and make sure that
there is justification and supervision of their services, (18VAC115-20-130, 2014). Counselors
also have a legal duty to disclose all the risks and benefits that may derive
from therapeutic interventions. These include valid and reliable tests. Counselors also have a
legal duty to inform their clients about the nature of termination and counselors should make
plans for continuation of services in the event of their absence, (18VAC115-20-130, 2014).
Virginia has several detailed points within the scope of record keeping and how that affects
counselors. The Statues of Virginia General Assembly 18VAC115-20-130, 54.1-2400
and Chapter 35 of Title 54.1 of the Code of Virginia (2014), detail record keeping to a great
extent. Under this law, the counselor must keep detailed records of treatment plans, identifying
information, diagnoses, progress, and termination, (18VAC115-20-130, 2014). Confidentiality is
of the utmost importance, and these records must be secured and confidential. Client records
must also be erased after a time being, or when their confidentiality appears compromised.
Disclosing client records must be obtained through written consent, or when subpoenaed through
other means, (18VAC115-20-130, 2014). It is important to obtain informed consent from the
client or their representatives when recording, or note taking. Furthermore, records must be kept
for at least 10 years, unless transferred to another mental health agency, (18VAC115-20-130,
2014)
Lastly, Virginia does not have any specific details on what must be included in informed
consent of a counselor. Rather, we have instances in, 18VAC115-20-130, 2014, which speak to

the need to provide informed consent in different situations. The first instance informed consent
is mentioned is when a client has a prior relationship with another mental health professional.
Continuing using services from you the counselor would require informed consent, (18VAC11520-130, 2014). Secondly, informed consent, like mentioned above earlier, must be obtained
through a client or their representative if recording through any means. Lastly, informed consent
must be given when a dual relationship cannot be avoided between client and counselor,
(18VAC115-20-130, 2014).
These are some of the laws that impact counselors and their relationship with law. While
this is important beginning exercises into the nature of law and how it impacts our practice, it is
not enough. Rather, it should engender a need to constantly and consistently consult law and
understand the parameters in which counselors must function. If we don't then the results can
often be disastrous.

Reference List
18VAC115-20-40
Virginia General Assembly. (2014)
54.1-2400 and Chapter 35 of Title 54.1
of the Code of Virginia
Retrieved March, 27th, 2016 from:
https://www.dhp.virginia.gov/counseling/counseling_laws_regs.htm

18VAC115-20-45

Virginia General Assembly. (2014)

54.1-2400 and Chapter 35 of Title 54.1
of the Code of Virginia
Retrieved March, 27th, 2016 from:
https://www.dhp.virginia.gov/counseling/counseling_laws_regs.htm

18VAC115-20-51
Virginia General Assembly. (2014)
54.1-2400 and Chapter 35 of Title 54.1
of the Code of Virginia
Retrieved March, 27th, 2016 from:
https://www.dhp.virginia.gov/counseling/counseling_laws_regs.htm

18VAC115-20-52
Virginia General Assembly. (2014)
54.1-2400 and Chapter 35 of Title 54.1
of the Code of Virginia
Retrieved March, 27th, 2016 from:
https://www.dhp.virginia.gov/counseling/counseling_laws_regs.htm
18VAC115-20-70
Virginia General Assembly. (2014)
54.1-2400 and Chapter 35 of Title 54.1
of the Code of Virginia
Retrieved March, 27th, 2016 from:
https://www.dhp.virginia.gov/counseling/counseling_laws_regs.htm

18VAC115-20-130.
Virginia General Assembly. (2014)
54.1-2400 and Chapter 35 of Title 54.1
of the Code of Virginia

Retrieved March, 27th, 2016 from:

https://www.dhp.virginia.gov/counseling/counseling_laws_regs.htm