Center for the Study of Ethics in the Professions at IIT

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF HEALTH PROFESSIONS

BOARD OF PROFESSIONAL COUNSELORS AND
MARRIAGE AND FAMILY THERAPISTS

TITLE OF REGULATIONS: 18 VAC 115-40-10 et seq.

REGULATIONS GOVERNING THE CERTIFICATION

OF

REHABILITATION PROVIDERS

STATUTORY AUTHORITY: §§ 54.1-2400 and 54.1-3514 OF THE CODE OF
VIRGINIA

Effective: November 1, 1995

PART 1.
GENERAL PROVISIONS.

18 VAC 11540-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning unless the context indicates otherwise:

"Board" means the Board of Professional Counselors and Marriage and Family Therapists as established by Chapter 35 (§ 54.1-3500 et seq.) of Title 54.1 of the Code of Virginia.

18 VAC 11540-20. Fees Required by the Board.

A. The board has established the following fees applicable to the certification of rehabilitation providers:

Application Processing $100

Certification Renewal $50

B. Fees shall be made by check or money order payable to the Treasurer of Virginia and forwarded to the Board of Professional Counselors and Marriage and Family Therapists.

PART II.
RENEWAL AND REINSTATEMENT.

18 VAC 11540-30. Annual renewal of certificate.

Every certificate issued by the board shall expire on January 31 of each year.

1. To renew certification, the certified rehabilitation provider shall submit a renewal application form and fee as prescribed in 18 VAC 115-40-20.

2. Failure to receive a renewal notice and application form shall not excuse the certified rehabilitation provider from the renewal requirement.

PART III
STANDARDS OF PRACTICE; DISCIPLINARY ACTIONS; REINSTATEMENT

18 VAC 1154040. Standards of practice.

A. The protection of the public health, safety and welfare, and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all persons whose activities are regulated by the board.

B. Each person certified by the board shall:

1. Provide services in a manner that is in the best interest of the public and does not endanger the public health, safety, or welfare.

2. Provide services only within the competency areas for which one is qualified by training or experience.

3. Not provide services under a false or assumed name, or impersonate another practitioner of a like, similar or different name.

4. Not represent oneself as "board certified" without specifying the complete name of the specialty board.

5. Be aware of the areas of competence of related professions and make full use of professional, technical and administrative resources to secure for rehabilitation clients the most appropriate services.

6. Not commit any act which is a felony under the laws of this Commonwealth, other states, the District of Colombia or the United States; or any act which is a misdemeanor under such laws and involves moral turpitude.

7. Stay abreast of new developments, concepts and practices which are important to providing appropriate services.

8. State a rationale in the form of an identified objective or purpose for the provision of services to be rendered to the rehabilitation client.

9. Not engage in offering services to a rehabilitation client who is receiving
services from another rehabilitation provider without attempting to inform such other providers in order to avoid confusion and conflict for the rehabilitation client.

10. Represent accurately one's competence, education, training and experience.

11. Refrain from undertaking any activity in which one's personal problems are likely to lead to inadequate or harmful services.

12. Not engage in improper direct solicitation of rehabilitation clients and announce services fairly and accurately in a manner which will aid the public in forming their own informed judgments, opinions and choices and which avoids fraud and misrepresentation through sensationalism, exaggeration or superficiality.

13. Recognize conflicts of interest and inform all parties of the nature and directions of loyalties and responsibilities involved.

14. Report to the board known or suspected violations of the laws and regulations governing the practice of rehabilitation providers.

15. Report to the board any unethical or incompetent practices by other rehabilitation providers that jeopardize public safety or cause a risk of harm to rehabilitation clients.

16. Provide rehabilitation clients with accurate information of what to expect in the way of tests, evaluations, billing, rehabilitation plans and schedules before rendering services.

17. Provide services and submission of reports in a timely fashion and ensure that services and reports respond to the purpose of the referral and include recommendations, if appropriate. All reports shall reflect an objective, independent opinion based on factual determinations within the provider's area of expertise and discipline. The reports of services and findings shall be distributed to appropriate parties and shall comply with all applicable legal regulations.

18. Specify, for the referral source and the rehabilitation client, at the time of initial referral, what services are to be provided and what practices are to be conducted. This shall include the identification, as well as the clarification, of services that are available by that member.

19. When considering personal or confidential information, the provider must assure that the rehabilitation client is aware, from the outset, if the delivery of service is being observed by a third party. Professional files, reports and records shall be maintained under conditions of security and provisions will be made for their destruction when appropriate.

20. Never engage in non-professional relationships with rehabilitation clients, that compromise the rehabilitation client's well being, impair the rehabilitation providers objectivity and judgment or increase the risk of rehabilitation client exploitation.

21. Never engage in sexual intimacy with rehabilitation clients or former rehabilitation clients, as such intimacy is unethical and prohibited.

18 VAC 11540-50. Grounds for revocation, suspension, probation, reprimand, censure, denial of renewal of certificate; petition for rehearing.

Action by the board to revoke, suspend, decline to issue a certificate, place such a certificate on probation or censure, reprimand or fine a certified rehabilitation provider may be taken in accord with the following:

1. Violation of the standards of practice in 18 VAC 115-40-40.

2. Procuring of certification by fraud or misrepresentation.

3. Violation of or aid to another in violating any provision of Title 54.1 of the Code of Virginia.

4. The denial, revocation, suspension or restriction of a license or certificate to practice in another state, or a United States possession or territory or the surrender of any such license or certificate while an active administrative investigation is pending.

5. Conviction of a felony or misdemeanor involving moral turpitude.

18 VAC 11540-60. Reinstatement following disciplinary action.

In order to be eligible for reinstatement, any person whose, certificate has been suspended, revoked or denied by the board under the provisions of 18 VAC 11540-50 shall, at the conclusion of the term of suspension or two years subsequent to denial or revocation of certification, (i) submit a new application to the board, (ii) pay the appropriate reinstatement fee, and (iii) submit any other credentials as prescribed by the board. After a hearing, the board may, at its discretion grant the reinstatement if the provider demonstrates that he is able to resume providing services in a manner which does not endanger the public.