(Updated March 2009)

LEGISLATION

Public Law 109-461, the “Veterans Benefits, Healthcare, and Information Technology Act of 2006.”

LATEST INFORMATION

In February, the Under Secretary for Health of the Department of Veterans Affairs (VA) approved the creation of a new occupational category or categories for the hiring of licensed professional counselors and marriage and family therapists by the VA.  The decision is a major step in the implementation of PL 109-461, which was signed into law in December 2006.  The ACA and AMHCA have provided the VA with information regarding the training and qualifications for professional counselors that we believe will be beneficial in structuring future position descriptions and occupational categories.

The Under Secretary’s announcement came soon after the House Veterans Affairs Committee wrote to Secretary Eric Shinseki, urging the VA to “move quickly” to establish regulations enabling counselors and marriage and family therapists to “work to their full potential within the VA.”  The letter was developed and promoted jointly by ACA, AMHCA, and the American Association for Marriage and Family (AAMFT).  Our three organizations—recently joined by the California Association for Marriage and Family Therapy (CAMFT)—have been working closely together to push for implementation of P.L. 109-461.  Our organizations’ close, collaborative working relationship will increase our effectiveness in pushing for new occupational categories for each profession.

Establishment of an occupational category for professional counselors has been a key objective for ACA and AMHCA in implementation of the law.  Federal occupational categories are developed by the Office of Personnel Management (OPM), but only at the request of federal agencies such as the VA.  Creation of an occupational category will mark a key step in achieving recognition of the profession, although the process is likely to take another year or more.

We will continue to work with Congress and the VA to speed up implementation efforts so that licensed professional counselors can begin playing a larger role in meeting veterans’ service needs.

BACKGROUND

In the past, LPCs faced significant employment obstacles within the Veterans Health Administration (VHA) and its hospitals, clinics, and programs across the country. While some ACA and AMHCA members have found positions within the agency, either on a contract or full-time basis, there continue to be barriers to independent practice, advancement, and hiring.

While licensed clinical social workers were able to practice independently and serve as clinical supervisors in the VA, counselors found themselves struggling to achieve similar recognition. The VA remains the largest employer of clinical social workers in the country. According to the VHA, most supervisory positions at Department hospitals and clinics are filled by psychiatrists, psychologists, and social workers. Many VHA positions in mental health services are developed by social workers on staff, and therefore the agency is most likely to hire social workers first. While VHA says there is no formal policy excluding LPCs from being hired, some ACA and AMHCA members have found that the VA does not recognize their licensure, and therefore refuses to hire them or relegates them to non-clinical positions. The lack of recognition of licensed professional counselors by OPM exacerbates this problem.

On December 22, 2006, President Bush signed S. 3421, the “Veterans Benefits, Healthcare, and Information Technology Act of 2006” (now Public Law 109-461). Public Law 109-461 includes language establishing explicit recognition of licensed professional counselors as mental health specialists within health care programs operated by the Department of Veterans Affairs (VA). The bill also establishes explicit recognition of licensed marriage and family therapists.

Passage of this legislation follows years of work by ACA and the American Mental Health Counselors Association to gain recognition of licensed professional counselors within the VA. Although the VA has long employed rehabilitation counselors to provide readjustment counseling services to veterans, but does not yet recognize counselors as mental health specialists.

FOR UPDATED INFORMATION

ACA Public Policy and Legislation website: http://www.counseling.org/publicpolicy

If you have any additional questions, please contact:

Scott Barstow
American Counseling Association
Office of Public Policy and Legislation
(800) 347-6647 Ext. 234
sbarstow@counseling.org