Neb. Work. Comp. Ct. 40

As amended through November 11, 2024

Rule 40 - Vocational Rehabilitation Certification Of Counselors

Words in italics are defined in Rule 49.

A. The vocational rehabilitation counselor certification process is designed to ensure individuals working in this specialized area of rehabilitation have attained an acceptable level of education, knowledge, and experience necessary to provide all relevant vocational rehabilitation services to the employee, and are otherwise capable of rendering competent vocational rehabilitation services to the employee.

B. For the purpose of the Nebraska Workers' Compensation Act, the vocational rehabilitation counselor, to be eligible for certification, shall meet the required education and/or experience. All education and/or experience claimed and used as a basis for certification shall have been attained at the time of application. Acceptable experience shall be:

1. Paid employment performing five or more of the following duties:

a. Client Assessment;

b. Transferable Skills Analysis;

c. Labor Market Research and Analysis;

d. Vocational Counseling;

e. Job Placement;

f. Loss of Earning Power Evaluation;

g. Application of Medical Information to Vocational Rehabilitation;

h. Vocational Plan Development and Implementation;

i. Case Management.

2. Professionally supervised internships, preceptorships, or practica performing five or more of the duties listed in Rule 40,B,1, whether paid or unpaid.

C. Certification shall be for a period of two years. To be eligible for certification, the applicant shall present documentary evidence that he/she has attained:

1. A master's or doctoral degree in rehabilitation counseling or rehabilitation administration from an accredited college or university, or;

2. A master's or doctoral degree in a counseling discipline from an accredited college or university, and 1,000 hours acceptable experience or;

3. A master's or doctoral degree in a human services field and 2,000 hours acceptable experience or;

4. Designation of Certified Rehabilitation Counselor (CRC) from the Certification of Rehabilitation Counselor Commission (CRCC), or;

5. Certification as a Fellow or Diplomate by the American Board of Vocational Experts (ABVE), or;

6. Designation of Certified Vocational Evaluator (CVE) from the Commission on the Certification of Work Adjustment and Vocational Evaluation Specialists (CCWAVES), and 2,000 hours acceptable experience or;

7. A bachelor's degree in a human services related field and at least 4,000 hours acceptable experience or;

8. A bachelor's degree in any field (other than human services), at least 4,000 hours acceptable experience and completion of at least nine credit hours of training or course work from an accredited college or university or 110 contact hours of CCMC/ CDMSC/ CRCC/ CCWAVES/ IARPS/ NBCC/ ABVE approved continuing education units in any of the following subject areas:

a. Medical (and/or psychological) aspects of disability;

b. Counseling theories;

c. Vocational evaluation and testing;

d. Occupational and labor market information;

e. Rehabilitation plan development and implementation;

f. Job placement process in rehabilitation;

g. Introduction to/overview of rehabilitation;

h. Loss of earning power evaluations.

D. An individual desiring certification as a vocational rehabilitation counselor shall submit to the court:

1. A completed application for certification. A form developed by the court shall be used for this purpose.

2. An official college transcript or, if applicable, proof of national certification by CRCC, CCWAVES, or ABVE.

3. A detailed employment history including at a minimum: names, addresses, and telephone numbers of the applicant's employers and immediate supervisors; inclusive dates of employment; and copies of official job descriptions or detailed summaries of job responsibilities for positions intended to meet the required employment experience.

4. Any other information, including supporting documentation, as requested by the court.

E. Individuals shall apply for renewal of certification within 60 days prior to the expiration date of their current certification period. Upon receipt of a written request, the court at its discretion, may grant the vocational rehabilitation counselor additional time to apply for renewal. If certification is not renewed, either at the normal expiration date or within the time prescribed by the court, the individual will be notified that his or her certification has not been renewed. The individual's name shall be removed from the directory of certified vocational rehabilitation counselors maintained by the court, and the counselor shall provide no further services in cases subject to the Act. The counselor shall notify the court of all employees for whom services are currently being provided, and a new counselor will be agreed to or appointed pursuant to Rule 42.

F. An individual desiring renewal of certification as vocational rehabilitation counselor shall submit to the court:

1. A completed application for certification. A form developed by the court shall be used for this purpose.

2. Documentary evidence that he or she has completed 24 contact hours of continuing education. A minimum of two hours shall be in ethics. Continuing education contact hours shall be approved by CCMC/ CDMSC/ CRCC/ CCWAVES/ IARPS/ NBCC/ ABVE or the court's vocational rehabilitation section. Hours not approved by one of the certifying boards listed shall be in the areas identified in Rule 40,C,8. The dates of completion of continuing education hours must fall within the current certification period.

3. Any other information, including supporting documentation, as requested by the court.

G. A counselor whose certification has not been renewed shall reapply for certification in order to provide services under the Act. In order to be eligible for certification after nonrenewal the applicant shall submit to the court:

1. A completed application for certification. A form developed by the court shall be used for this purpose.

2. Documentary evidence that he or she has completed at least 24 contact hours of continuing education. A minimum of two hours shall be in ethics. Continuing education contact hours shall be approved by CCMC/ CDMSC/ CRCC/ CCWAVES/ IARPS/ NBCC/ ABVE or the court's vocational rehabilitation section. Hours not approved by one of the certifying boards listed shall be in the areas identified in Rule 40,C,8. The dates of completion of continuing education hours must fall within the 24 months immediately preceding the application for certification.

3. Any other information, including supporting documentation, as requested by the court.

H. Failure to provide sufficient supporting documentation or deliberately presenting false or misleading information or omitting relevant facts in the application may cause certification to be denied, revoked, or placed in probationary status.

Sections 48-162.01, 48-163, 48-165, R.R.S. 2021.

Neb. Work. Comp. Ct. 40

Effective date:11/16/2006.