LIS

Administrative Code

Virginia Administrative Code
11/21/2024

Part I. General Provisions

18VAC125-30-10. Definitions.

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

"Ancillary services" means training that includes anger management, stress management, assertiveness, social skills, substance misuse, victim empathy, and human sexuality as part of an identified sex offender treatment provider program.

"Applicant" means an individual who has submitted a completed application with documentation and the appropriate fees to be examined for certification as a sex offender treatment provider.

"Assessment" means using specific techniques of evaluation and measurement to collect facts related to sexually abusive thoughts and behaviors contributing to sexual offense.

"Board" means the Virginia Board of Psychology.

"Certified sex offender treatment provider" means a person who is certified to provide treatment to sex offenders and who provides such services in accordance with the provisions of §§ 54.1-2924.1, 54.1-3005, 54.1-3505, 54.1-3609, 54.1-3610, 54.1-3611, and 54.1-3705 of the Code of Virginia and the regulations promulgated pursuant to these provisions.

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

"Face-to-face" means in-person or real-time interactive in which there is visual and audio contact and an opportunity for interaction.

"Sex offender" means (i) any person who has been adjudicated or convicted of a sex offense or has a founded child sexual abuse status by the Department of Social Services; (ii) any person for whom any court has found sufficient evidence without specific finding of guilt of committing a felony or misdemeanor which may be reasonably inferred to be sexually motivated; or (iii) any person who admits to or acknowledges behavior which would result in adjudication, conviction, or a founded child sexual abuse status.

"Sex offense" means behavior in violation of any of the following statutes in the Code of Virginia: § 18.2-48 in part (abduction of any person with intent to defile such person), § 18.2-60.3 in part (includes only those instances in which sexual motivation can be reasonably inferred), § 18.2-61, § 18.2-63, § 18.2-64.1, § 18.2-67.1, § 18.2-67.2, § 18.2-67.2:1, § 18.2-67.3, § 18.2-67.4, § 18.2-67.5, § 18.2-130 in part (includes only those instances in which sexual motivation can be reasonable inferred), subsection A of § 18.2-361 in part "If any person carnally knows in any manner any brute animal" and subsection B § 18.2-361 in its entirety, § 18.2-366, § 18.2-370, § 18.2-370.1, § 18.2-374.1 (not to include plethysmographic testing materials in the possession of qualified mental health professionals or technicians), § 18.2-387.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular documented individual consultation, guidance, and instruction with respect to the skills and competencies of the person providing sex offender treatment services.

"Supervisor" means an individual who assumes full responsibility for the education and training activities of a person as it relates to sex offender treatment and provides the supervision required by such a person.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and the trainee in accordance with this chapter.

"Treatment" means therapeutic intervention to promote change in sexually abusive thoughts and behaviors and to reduce the risk of recidivism.

Statutory Authority

§§ 54.1-2400 and 54.1-3605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 18, Issue 13, eff. April 10, 2002; Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-20. Fees required by the board.

A. The board has established the following fees applicable to the certification of sex offender treatment providers:

Registration of supervision

$50

Add or change supervisor

$25

Application processing and initial certification fee

$90

Certification renewal

$75

Duplicate certificate

$5

Late renewal

$25

Reinstatement of an expired certificate

$125

Replacement of or additional wall certificate

$15

Handling fee for returned check or dishonored credit card or debit card

$50

Reinstatement following revocation or suspension

$500

One-time reduction in fee for renewal on June 30, 2020

$55

B. Fees shall be made payable to the Treasurer of Virginia. All fees are nonrefundable.

Statutory Authority

§§ 54.1-2400 and 54.1-3605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 18, Issue 13, eff. April 10, 2002; Volume 22, Issue 11, eff. March 8, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 26, Issue 14, eff. April 14, 2010; Volume 30, Issue 10, eff. February 12, 2014; Volume 32, Issue 6, eff. January 15, 2016; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 14, eff. April 4, 2018; Volume 36, Issue 8, eff. January 8, 2020; Volume 36, Issue 11, eff. March 5, 2020.

18VAC125-30-25. Current name and address.

Certificate holders shall notify the board in writing within 60 days of a change in name or a change of the address of record or of the public address if different from the address of record.

Statutory Authority

§§ 54.1-2400 and 54.1-3605 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 21, eff. July 22, 2021.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.