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

Current through Register Vol. 40, No. 24, July 15, 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.