18 Va. Admin. Code § 115-30-140 - 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. Persons certified by the
board shall:
1. Practice in a manner that is
in the best interest of the public and does not endanger the public health,
safety, or welfare.
2. Be able to
justify all services rendered to clients as necessary for diagnostic or
therapeutic purposes.
3. Practice
only within the competency area for which they are qualified by training or
experience.
4. Report to the board
known or suspected violations of the laws and regulations governing the
practice of certified substance abuse counselors or certified substance abuse
counseling assistants.
5. Neither
accept nor give commissions, rebates, or other forms of remuneration for
referral of clients for professional services. Make appropriate consultations
and referrals based on the best interest of clients.
6. Stay abreast of new developments,
concepts, and practices that are necessary to providing appropriate
services.
7. Document the need for
and steps taken to terminate a counseling relationship when it becomes clear
that the client is not benefiting from the relationship. Document the
assistance provided in making arrangements for the continuation of treatment
for clients when necessary, following termination of a counseling
relationship.
8. Not willfully or
negligently breach the confidentiality between a practitioner and a client. A
breach of confidentiality that is required or permitted by applicable law or
beyond the control of the practitioner shall not be considered negligent or
willful.
9. Not engage in
conversion therapy with any person younger than 18 years of age.
10. Practice under supervision as specified
in §
54.1-3507.1 of the Code of
Virginia. Substance abuse counselors shall not directly bill for services
rendered, or in any way represent themselves as independent, autonomous
practitioners.
C. In
regard to client records, persons certified by the board shall:
1. Disclose counseling records to others only
in accordance with applicable law.
2. Maintain client records securely, inform
all employees of the requirements of confidentiality, and provide for the
destruction of records that are no longer useful in a manner that ensures
client confidentiality.
3. Ensure
confidentiality in the usage of client records and clinical materials by
obtaining informed consent from the client or the client's legally authorized
representative before (i) videotaping, (ii) audio recording, (iii) permitting
third-party observation, or (iv) using identifiable client records and clinical
materials in teaching, writing, or public presentations.
4. Maintain timely, accurate, legible, and
complete written or electronic records for each client, to include counseling
dates and identifying information to substantiate the substance abuse
counseling plan, client progress, and termination.
5. Maintain client records for a minimum of
five years or as otherwise required by law from the date of termination of the
counseling relationship with the following exceptions:
a. At minimum, records of a minor child shall
be maintained for five years after attaining the age of majority (18
years);
b. Records that are
required by contractual obligation or federal law to be maintained for a longer
period of time; or
c. Records that
have been transferred to another mental health service provider or given to the
client or the client's legally authorized representative.
D. In regard to dual
relationships, persons certified by the board shall:
1. Not engage in dual relationships with
clients, former clients, supervisees, and supervisors that are harmful to the
client's or supervisee's well-being or that would impair the substance abuse
counselor's, substance abuse counseling assistant's, or supervisor's
objectivity and professional judgment or increase the risk of client or
supervisee exploitation. This prohibition includes such activities as
counseling close friends, former sexual partners, employees, or relatives or
engaging in business relationships with clients.
2. Not engage in sexual intimacies or
romantic relationships with current clients or supervisees. For at least five
years after cessation or termination of professional services, certified
substance abuse counselors and certified substance abuse counseling assistants
shall not engage in sexual intimacies or romantic relationships with a client
or those included in collateral therapeutic services. Because sexual or
romantic relationships are potentially exploitative, certified substance abuse
counselors and certified substance abuse counseling assistants shall bear the
burden of demonstrating that there has been no exploitation. A client's consent
to, initiation of, or participation in sexual behavior or involvement with a
certified substance abuse counselor or certified substance abuse counseling
assistants does not change the nature of the conduct nor lift the regulatory
prohibition.
3. Recognize conflicts
of interest and inform all parties of obligations, responsibilities, and
loyalties to third parties.
E. Upon learning of evidence that indicates a
reasonable probability that another mental health provider is or may be guilty
of a violation of standards of conduct as defined in statute or regulation,
persons certified by the board shall advise their clients of their right to
report such misconduct to the Department of Health Professions in accordance
with §
54.1-2400.4 of the Code of
Virginia.
Notes
Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.