VA Counselor Recognition Law Update

E-News from Washington
Vol. 08-44
October 31, 2008

Update on Implementation of VA Counselor Recognition Law

In late December of 2006, President Bush signed into law the Veterans Benefits, Healthcare, and Information Technology Act, now Public Law 109-461. The law included language establishing explicit recognition of mental health counselors as mental health care providers within health care programs operated by the Department of Veterans Affairs (VA).

Enactment of this legislation followed years of collaboration between AMHCA and ACA to gain recognition of mental health counselors within the system. Although the VA has long employed rehabilitation counselors to provide readjustment counseling services to veterans, it has not recognized counselors as mental health specialists. The new law will allow the VA to hire licensed mental health counselors on par with clinical social workers, and will allow counselors to apply for supervisory positions open to clinical social workers and others.

Members of AMHCA and ACA have contacted both organizations to inquire about why this process is such a lengthy one. Although the legislation was enacted more than eighteen months ago, the VA is still in the process of finalizing regulations to implement the law. Until this happens, VA facilities across the country will not be able to use counselors as full-fledged mental health specialists.

Unfortunately, implementation of laws often takes nearly as long as getting them passed. In addition, VA headquarters staff responsible for implementing the law is stretched thinner than usual, given the difficulty of meeting the increased need for mental health care on the part of veterans. However, it is clear that the VA needs more mental health professionals, and recognition of counselors would significantly expand the pool of service providers.

Some progress is being made. VA staff recently conducted a survey of VA health care facilities to determine their overall mental health professional staff needs, and is using this information to see how best to fit mental health counselors into their staff. Nevertheless, we believe the VA can and should be moving more aggressively to increase veterans’ access to trained mental health professionals by recognizing licensed professional mental health counselors. AMHCA and ACA are working with key Congressional and VA staff to help move implementation forward more quickly.

One key issue to be resolved is whether or not a new federal job description for licensed professional counselors is needed. Federal job classifications are written by the federal Office of Personnel Management (OPM), pursuant to requests from federal agencies such as the VA. AMHCA and ACA are advocating for the creation of a new job classification, instead of trying to squeeze counselors into an existing classification, in order to establish appropriate recognition of mental health counselors as a distinct profession. We have provided VA staff with a wealth of information regarding counselors, their education and training, practice patterns, recognition under other health programs, and state licensure requirements. It is important that counselors are given responsibilities and a scope of practice corresponding to their extensive training and experience.

We encourage counselors to help advocate for implementation of the VA law. If you have been prevented from working with veterans as a result of the lack of recognition of professional counselors, please consider contacting your members of Congress to describe your experience and communicate your desire for prompt implementation of the law. We also encourage you to share your anecdotes with us, as they are invaluable in illustrating why the VA needs to recognize licensed professional counselors as full-fledged mental health service providers.

For more information contact either myself or Scott Barstow, ACA Director of Public Policy and Legislation (800-347-6647 x234, e-mail: sbarstow@counseling.org

Beth Powell
Director, Public Policy and Professional Issues
American Mental Health Counselors Association
The only organization working exclusively for mental health counselors
801 N. Fairfax Street, Suite 304
Alexandria, VA 22314
Phone: 703-548-6002, ext. 105
800-326-2642, ext. 105
FAX: 703-548-4775
Website: www.amhca.org
E-mail: bpowell@amhca.org