Administrative Code

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Virginia Administrative Code
Title 18. Professional and Occupational Licensing
Agency 115. Board of Counseling
Chapter 30. Regulations Governing the Certification of Substance Abuse Counselors and Substance Abuse Counseling Assistants
2/27/2020

18VAC115-30-150. Grounds for Disciplinary Action, Denial of Initial Certification, or Denial of Renewal of Certification.

In accordance with subdivision 7 of § 54.1-2400 and § 54.1-2401 of the Code of Virginia, the board may revoke, suspend, restrict, impose a monetary penalty, or decline to issue or renew a certificate based upon the following conduct:

1. Conviction of a felony or of a misdemeanor involving moral turpitude, or violation of or aid to another in violating any provision of Chapter 35 (§ 54.1-3500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of substance abuse counseling, or any provision of this chapter;

2. Procuring a certificate, including submission of an application or supervisory forms, by fraud or misrepresentation;

3. Conducting one's practice in such a manner so as to make it a danger to the health and welfare of one's clients or to the public; or if one is unable to practice substance abuse counseling with reasonable skill and safety to clients by reason of illness, abusive use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;

4. Violating or abetting another person in the violation of any provision of any statute applicable to the practice of substance abuse counseling or any regulation in this chapter;

5. Performance of functions outside the board-certified area of competency in accordance with regulations set forth in this chapter and §§ 54.1-3507.1 and 54.1-3507.2 of the Code of Virginia;

6. Performance of an act likely to deceive, defraud, or harm the public;

7. Intentional or negligent conduct that causes or is likely to cause injury to a client;

8. Failure to cooperate with an employee of the Department of Health Professions in the conduct of an investigation;

9. Failure to report evidence of child abuse or neglect as required in § 63.2-1509 of the Code of Virginia or elder abuse or neglect as required in § 63.2-1606 of the Code of Virginia; or

10. Action taken against a health or mental health license, certification, registration, or application in Virginia or another jurisdiction.

Statutory Authority

§§ 54.1-2400 and 54.1-3505 of the Code of Virginia.

Historical Notes

Derived from VR560-01-03 § 5.2, eff. May 8, 1991; amended, Volume 10, Issue 14, eff. May 4, 1994; Volume 16, Issue 07, eff. January 19, 2000; Volume 24, Issue 14, eff. April 16, 2008; Volume 25, Issue 26, eff. October 15, 2009; Volume 36, Issue 11, eff. February 19, 2020.

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