Virginia Administrative Code
Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING
Agency 115 - BOARD OF COUNSELING
Chapter 40 - REGULATIONS GOVERNING THE CERTIFICATION OF REHABILITATION PROVIDERS
Part V - Standards of Practice; Disciplinary Actions; Reinstatement
Section 18VAC115-40-40 - Standards of practice
Universal Citation: 8 VA Admin Code 115-40-40
Current through Register Vol. 41, No. 3, September 23, 2024
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. 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.
5. Not commit any act which is a felony under
the laws of this Commonwealth, other states, the District of Columbia or the
United States, or any act which is a misdemeanor under such laws and involves
moral turpitude.
6. Stay abreast of
new developments, concepts and practices which are important to providing
appropriate services.
7. State a
rationale in the form of an identified objective or purpose for the provision
of services to be rendered to the rehabilitation client.
8. 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.
9. Represent accurately one's competence,
education, training and experience.
10. Refrain from undertaking any activity in
which one's personal problems are likely to lead to inadequate or harmful
services.
11. Not engage in
improper direct solicitation of rehabilitation clients and shall 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.
12. Recognize
conflicts of interest and inform all parties of the nature and directions of
loyalties and responsibilities involved.
13. Report to the board known or suspected
violations of the laws and regulations governing the practice of rehabilitation
providers.
14. 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.
15. Provide rehabilitation
clients with accurate information of what to expect in the way of tests,
evaluations, billing, rehabilitation plans and schedules before rendering
services.
16. 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.
17. 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.
18. 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 for three
years beyond the termination of services.
19. Never engage in nonprofessional
relationships with rehabilitation clients that compromise the rehabilitation
client's well-being, impair the rehabilitation provider's objectivity and
judgment or increase the risk of rehabilitation client exploitation.
20. Never engage in sexual intimacy with
rehabilitation clients or former rehabilitation clients, as such intimacy is
unethical and prohibited.
Statutory Authority
§§ 54.1-2400 and 54.1-3515 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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