On December 22, 2010, Congress passed legislation that directs the Secretary of Defense to implement regulations authorizing counselors to practice independently under TRICARE by June 20, 2011. This language is a significant accomplishment for the counseling profession and the culmination of many years of hard work by NBCC, AMHCA and ACA.
1.5.11
Washington, DC ñ January 3, 2011 ñ On December 22, Congress passed legislation that directs the Secretary of Defense to implement regulations authorizing counselors to practice independently under TRICARE by June 20, 2011. This language is a significant accomplishment for the counseling profession and the culmination of many years of hard work by NBCC, AMHCA and ACA.
The language was included in the National Defense Authorization Act (NDAA), which authorizes appropriations for fiscal year 2011 for the Department of Defense's military activities. On December 17, 2010, the House passed H.R. 6523, which was the product of negotiations between the House and Senate Armed Services Committees. The Senate passed H.R. 6523 on December 22 and sent it to the President for signature on December 29.
Section 724 of H.R. 6523, entitled Licensed Mental Health Counselors and the TRICARE Program, states in full:
Not later than June 20, 2011, the Secretary of Defense shall prescribe the regulations required by section 717 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1073 note).
Section 724 is similar to past House language, but significantly different than Senate legislation. The provision does not establish any criteria in law for practicing independently: it does not reference a degree from a CACREP program or passage of the NCMHCE as recommended by the Institute of Medicine (IOM). Rather, the language directs the Defense Department to establish the criteria for independent practice.
As previously reported, Congress commissioned a study by the IOM of counselor participation in TRICARE. The study recommended specific criteria for independent practice, including a CACREP degree and passage of the NCMHCE. NBCC, AMHCA, and ACA successfully convinced Congress to leave the criteria out of this law because it ties the hands of the Defense Department and the omission allows for greater flexibility in counselor participation in the future.
Once signed by the President, the new law will set a deadline of June 20, 2011 for new regulations authorizing counselors to practice independently. NBCC, AMHCA and ACA will be trying to work with the Defense Department to ensure the regulations are inclusive of all qualified professional counselors.
If you have any questions about the passage of the NDAA or the language referencing counselors in the NDAA, please do not hesitate to contact Julie A. Clements, J.D., of AMHCA, Scott Barstow of ACA, or David Bergman, J.D., of NBCC.