GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 1325, which seeks to require the Board of Counseling to establish, among other fees, specified fees for the licensure and certification of professional counselors, marriage and family therapists, substance abuse treatment practitioners, substance abuse counselors, substance abuse counseling assistants, and rehabilitation providers.

Setting fees for regulatory boards is typically established by regulation through the Virginia Administrative Process Act, which allows for opportunity for input from the regulated community. Virginia Code § 54.1-113, commonly referred to as the Callahan Act, requires the Board of Counseling to increase or decrease fees if its expenses for the past biennium are ten percent greater or less than funds the Board collects. The Board has not submitted a request for a fee increase pursuant to the Callahan Act.

The Board of Counseling provides important regulatory oversight to these professional applicants, licensees and certificate holders. Fortunately, the Board of Counseling continues to do so with sufficient funding already available. The Board of Counseling projects a cash balance for Fiscal Year 14 of $478,033. While the Board projects a decrease in its cash balance in the future, it will still maintain a positive cash balance of $124,632 in Fiscal Year 18. Thus, there is sufficient time for the Board of Counseling to seek a fee increase, consistent with the Callahan Act, through the Administrative Process Act.

I have asked the Secretary of Health and Human Resources to work with the Executive Director for the Department of Health Professions and the Executive Director of the Board of Counseling to address staffing issues within the current budget to alleviate any delays in providing prompt and efficient responses to applicants.

If, after further review and alignment of staffing, fee adjustments are determined to be warranted, the Board of Counseling may consider pursuing fee adjustments to their regulations utilizing the Virginia Administrative Process Act.

Accordingly, I veto this bill.