Virginia Law

Chapter 40. Regulations Governing the Certification of Rehabilitation Providers

Part I
General Provisions

18VAC115-40-10. Definitions.

A. The terms "board," "certified rehabilitation provider," and " professional judgment," when used in this chapter, shall have the meanings ascribed to them in §§ 54.1-3500 and 54.1-3510 of the Code of Virginia.

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

"Competency area" means an area in which a person possesses knowledge and skills and the ability to apply them in the rehabilitation setting.

"Experience" means on-the-job experience under appropriate supervision as set forth in this chapter.

"Internship" means a supervised field experience as part of a degree requirement obtained from a regionally accredited university as set forth in 18VAC115-40-22.

"Regionally accredited" means an institution accredited by one of the regional accreditation agencies recognized by the United States Secretary of Education as responsible for accrediting senior post-secondary institutions and training programs.

"Rehabilitation client" means an individual receiving rehabilitation services whose benefits are regulated by the Virginia Workers' Compensation Commission.

"Supervisee" means any individual who has met the education requirements and is under appropriate supervision and working towards certification according to the requirements of this chapter. Services provided by the supervisee shall not involve the exercise of professional judgment as defined in § 54.1-3510 of the Code of Virginia.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented, personal instruction, guidance, and education with respect to the skills and competencies of the person supervised.

"Supervisor" means one who provides case-related supervision, consultation, education, and guidance for the applicant. The supervisor must be credentialed as defined in 18VAC115-40-27.

"Training" means the educational component of on-the-job experience.

Statutory Authority

§§ 54.1-2400 and 54.1-3515 of the Code of Virginia.

Historical Notes

Derived from VR560-01-04 § 1.1, eff. November 1, 1995; amended, Virginia Register Volume 13, Issue 13, eff. April 16, 1997; Volume 14, Issue 25, eff. September 30, 1998.

18VAC115-40-20. Fees required by the board.

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

B. Fees shall be paid to the board. All fees are nonrefundable.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR560-01-04 § 1.2, eff. November 1, 1995; amended, Virginia Register Volume 13, Issue 13, eff. April 16, 1997; Volume 14, Issue 25, eff. September 30, 1998; Volume 16, Issue 13, eff. April 12, 2000; Volume 22, Issue 14, eff. April 19, 2006; Volume 23, Issue 14, eff. April 18, 2007; Volume 26, Issue 14, eff. April 14, 2010; Volume 32, Issue 7, eff. January 15, 2016; Volume 33, Issue 10, eff. February 8, 2017; Volume 37, Issue 1, eff. October 15, 2020; Volume 38, Issue 1, eff. September 29, 2021; Errata, 38:3 VA.R. 391 September 27, 2021.

Part II
Requirements for Certification

18VAC115-40-22. Criteria for eligibility.

A. Education and experience requirements for certification are as follows:

1. Any baccalaureate degree from a regionally accredited college or university or a current registered nurse license in good standing in Virginia; and

2. Documentation of 2,000 hours of supervised experience in performing those services that will be offered to a workers' compensation claimant under § 65.2-603 of the Code of Virginia. Experience may be acquired through supervised training or experience or both. A supervised internship in rehabilitation services may count toward part of the required 2,000 hours. Any individual who does not meet the experience requirement for certification must practice under the supervision of an individual who meets the requirements of 18VAC115-40-27. Individuals shall not practice in an internship or supervisee capacity for more than five years.

B. A passing score on a board-approved examination shall be required.

C. The board may grant certification without examination to applicants certified as rehabilitation providers in other states or by nationally recognized certifying agencies, boards, associations and commissions by standards substantially equivalent to those set forth in the board's current regulation.

D. The applicant shall have no unresolved disciplinary action against a health, mental health, or rehabilitation-related license, certificate, or registration in Virginia or in another jurisdiction. The board will consider history of disciplinary action on a case-by-case basis.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; amended, Virginia Register Volume 14, Issue 25, eff. September 30, 1998; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-23. [Reserved]. (Reserved)

18VAC115-40-25. Application process.

The applicant shall submit to the board:

1. A completed application form;

2. The official transcript or transcripts submitted from the appropriate institutions of higher education;

3. Documentation, on the appropriate forms, of the successful completion of the supervised experience requirement of 18VAC115-40-26. Documentation of supervision obtained outside of Virginia must include verification of the supervisor's out-of-state license or certificate;

4. Documentation of passage of the examination required by 18VAC115-40-28;

5. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

6. Verification that the applicant's national or out-of-state license or certificate is in good standing where applicable.

Statutory Authority

§54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; amended, Virginia Register Volume 14, Issue 25, eff. September 30, 1998; Volume 26, Issue 1, eff. October 14, 2009; Volume 32, Issue 7, eff. January 15, 2016; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-26. Supervised experience requirement.

The following shall apply to the supervised experience requirement for certification:

1. On average, the supervisor and the supervisee shall consult for two hours per week in group or personal instruction. The total hours of personal instruction shall not be less than 100 hours within the 2,000 hours of experience. Group instruction shall not exceed six persons in a group.

2. Half of the personal instruction contained in the total supervised experience shall be face-to-face between the supervisor and supervisee. A portion of the face-to-face instruction shall include direct observation of the supervisee-rehabilitation client interaction.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 25, eff. September 30, 1998; amended, Virginia Register Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-27. Supervisor requirements.

A. A supervisor shall:

1. Be a licensed professional counselor, licensed psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed substance abuse treatment practitioner, licensed physician or licensed registered nurse with a minimum of one year of experience in rehabilitation service provision;

2. Be a rehabilitation provider certified by the board who has national certification in rehabilitation service provision as outlined in subsection C of 18VAC115-40-22; or

3. Have two years experience as a board certified rehabilitation provider.

B. The supervisor shall assume responsibility for the professional activities of the supervisee.

C. At the time of application for certification by examination, the supervisor shall document for the board: (i) credentials to provide supervision in accordance with this section, (ii) the applicant's total hours of supervision, (iii) length of work experience, (iv) competence in rehabilitation service provision, and (v) any needs for additional supervision or training.

D. Supervision by any individual whose relationship to the supervisee compromises the objectivity of the supervisor is prohibited. This includes but is not limited to immediate family members (spouses, parents, siblings, children and in-laws).

Statutory Authority

§§ 54.1-2400 and 54.1-3515 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 25, eff. September 30, 1998.

Part III
Examinations

18VAC115-40-28. General examination requirements.

Every applicant for certification as a rehabilitation provider shall take a written examination approved by the board and achieve a passing score as determined by the board.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; amended, Virginia Register Volume 32, Issue 7, eff. January 15, 2016.

18VAC115-40-29. [Reserved]. (Reserved)

Part IV
Renewal and Reinstatement

18VAC115-40-30. Annual renewal of certificate.

Every certificate issued by the board shall expire on June 30 of each year.

1. To renew certification, the certified rehabilitation provider shall submit a renewal form and fee as prescribed in 18VAC115-40-20.

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

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR560-01-04 § 2.1, eff. November 1, 1995; amended, Virginia Register Volume 26, Issue 1, eff. October 14, 2009; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-35. Reinstatement.

A. A person whose certificate has expired may renew it within one year after its expiration date by paying the renewal fee and the late renewal fee prescribed in 18VAC115-40-20.

B. A person who fails to renew a certificate for one year or more shall apply for reinstatement, pay the reinstatement fee and submit evidence regarding the continued ability to perform the functions within the scope of practice of the certification, such as certificates of completion for continuing education, verification of practice in another jurisdiction, or maintenance of national certification.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; amended, Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-36. [Reserved]. (Reserved)

18VAC115-40-38. Change of name or address.

A certified rehabilitation provider whose name has changed or whose address of record or public address, if different from the address of record, has changed shall submit the name change or new address in writing to the board within 60 days of such change.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; amended, Virginia Register Volume 25, Issue 22, eff. August 5, 2009; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-39. [Reserved]. (Reserved)

Part V
Standards of Practice; Disciplinary Actions; Reinstatement

18VAC115-40-40. 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. 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.

Historical Notes

Derived from VR560-01-04 § 3.1, eff. November 1, 1995; amended, Virginia Register Volume 14, Issue 25, eff. September 30, 1998.

18VAC115-40-50. 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 or renew a certificate, to place such a certificate holder on probation or to censure, reprimand or fine a certified rehabilitation provider may be taken in accord with the following:

1. Procuring, attempting to procure, or maintaining a license, certificate, or registration by fraud or misrepresentation.

2. Violation of, or aid to another in violating, any regulation or statute applicable to the provision of rehabilitation services.

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

4. Conviction of any felony, or of a misdemeanor involving moral turpitude.

5. Providing rehabilitation services without reasonable skill and safety to clients by virtue of physical, mental, or emotional illness or substance misuse;

6. Conducting one's practice in such a manner as to be a danger to the health and welfare of one's clients or to the public;

7. Performance of functions outside of one's board-certified area of competency;

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

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

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

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

12. Knowingly allowing persons under supervision to jeopardize client safety or provide care to clients outside of such person's scope of practice or area of responsibility; or

13. Violating any provisions of this chapter, including practice standards set forth in 18VAC115-40-40.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR560-01-04 § 3.2, eff. November 1, 1995; amended, Virginia Register Volume 13, Issue 13, eff. April 16, 1997; Volume 14, Issue 25, eff. September 30, 1998; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-60. (Repealed.)

Historical Notes

Derived from VR560-01-04 § 3.3, eff. November 1, 1995; repealed, Virginia Register Volume 13, Issue 13, eff. April 16, 1997.

18VAC115-40-61. Reinstatement following disciplinary action.

A. Any person whose certificate has been revoked, suspended or denied renewal by the board under the provisions of 18VAC115-40-50 must submit a new application for reinstatement of certification.

B. The board in its discretion may, after a hearing, grant the reinstatement sought in subsection A of this section.

C. The applicant for such reinstatement, if approved, shall be certified upon payment of the appropriate fee applicable at the time of reinstatement.

Statutory Authority

§§ 54.1-113 and 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000.

Forms (18VAC115-40)

Application for Certification as a Rehabilitation Provider (rev. 5/2018)

General Information for Certification as a Rehabilitation Provider (rev. 7/2011)

Verification of Experience for Rehabilitation Provider Certification (rev. 5/2018)

Out-of-State License or Certification Verification (4/2018)

Licensure/Certification Verification of Out-of-State Supervisor (4/2018)

Rehabilitation Provider Application for Reinstatement of a Lapsed Certificate (5/2018)