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2000 SESSION


CHAPTER 473
An Act to amend and reenact §§ 2.1-1.6 as it is currently effective and as it may become effective, 2.1-20.4, 9-6.25:2 as it is currently effective and as it may become effective, 54.1-106, 54.1-2503, 54.1-3500, 54.1-3503, 54.1-3511, 54.1-3512, 54.1-3513, 54.1-3514, 54.1-3515, 54.1-3609, 54.1-3610, 54.1-3611 and 65.2-603 of the Code of Virginia, relating to the Board of Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals.
[H 253]
Approved April 5, 2000

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-1.6 as it is currently effective and as it may become effective, 2.1-20.4, 9-6.25:2 as it is currently effective and as it may become effective, 54.1-106, 54.1-2503, 54.1-3500, 54.1-3503, 54.1-3511, 54.1-3512, 54.1-3513, 54.1-3514, 54.1-3515, 54.1-3609, 54.1-3610, 54.1-3611 and 65.2-603 of the Code of Virginia are amended and reenacted as follows:

§ 2.1-1.6. State boards.

A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:

Accountancy, Board of

Agriculture and Consumer Services, Board of

Air Pollution, State Advisory Board on

Alcoholic Beverage Control Board, Virginia

Apple Board, Virginia State

Appomattox State Scenic River Advisory Board

Aquaculture Advisory Board

Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for

Art and Architectural Review Board

Athletic Training, Advisory Board on

Auctioneers Board

Audiology and Speech-Language Pathology, Board of

Aviation Board, Virginia

Barbers, Board for

Branch Pilots, Board for

Bright Flue-Cured Tobacco Board, Virginia

Building Code Technical Review Board, State

Catoctin Creek State Scenic River Advisory Board

Cattle Industry Board, Virginia

Cave Board

Cemetery Board

Certified Seed Board, State

Charity Food Assistance Advisory Board

Chesapeake Bay Local Assistance Board

Chickahominy State Scenic River Advisory Board

Child Abuse and Neglect, Advisory Board on

Chippokes Plantation Farm Foundation, Board of Trustees

Clinch Scenic River Advisory Board

Coal Mining Examiners, Board of

Coal Research and Development Advisory Board, Virginia

Coal Surface Mining Reclamation Fund Advisory Board

Conservation and Development of Public Beaches, Board on

Conservation and Recreation, Board of

Contractors, Board for

Corn Board, Virginia

Correctional Education, Board of

Corrections, State Board of

Cosmetology, Board for

Counseling, Board of

Criminal Justice Services Board

Dark-Fired Tobacco Board, Virginia

Deaf and Hard-of-Hearing, Advisory Board for the Department for the

Dentistry, Board of

Design-Build/Construction Management Review Board

Education, State Board of

Egg Board, Virginia

Emergency Medical Services Advisory Board, State

Farmers Market Board, Virginia

Fire Services Board, Virginia

Forestry, Board of

Funeral Directors and Embalmers, Board of

Game and Inland Fisheries, Board of

Geology, Board for

Goose Creek Scenic River Advisory Board

Health Planning Board, Virginia

Health Professions, Board of

Health, State Board of

Hearing Aid Specialists, Board for

Hemophilia Advisory Board

Historic Resources, Board of

Housing and Community Development, Board of

Irish Potato Board, Virginia

Juvenile Justice, State Board of

Licensed Professional Counselors, Marriage and Family Therapists, and Substance Abuse Treatment Professionals, Board of

Litter Control and Recycling Fund Advisory Board

Marine Products Board, Virginia

Medical Advisory Board, Department of Motor Vehicles

Medicare and Medicaid, Advisory Board on

Medicine, Board of

Mental Health, Mental Retardation and Substance Abuse Services Board, State

Migrant and Seasonal Farmworkers Board

Military Affairs, Board of

Mineral Mining Examiners, Board of

Minority Business Enterprise, Interdepartmental Board of the Department of

Networking Users Advisory Board, State

Neurotrauma Initiative Advisory Board, Commonwealth

North Meherrin State Scenic River Advisory Board

Nottoway State Scenic River Advisory Board

Nursing, Board of

Nursing Home Administrators, Board of

Occupational Therapy, Advisory Board of

Oil and Gas Conservation Board, Virginia

Opticians, Board for

Optometry, Board of

Peanut Board, Virginia

Personnel Advisory Board

Pesticide Control Board

Pharmacy, Board of

Physical Therapy to the Board of Medicine, Advisory Board on

Plant Pollination Advisory Board

Polygraph Examiners Advisory Board

Pork Industry Board, Virginia

Poultry Products Board, Virginia

Private College Advisory Board

Private Security Services Advisory Board

Professional and Occupational Regulation, Board for

Professional Soil Scientists, Board for

Psychiatric Advisory Board

Psychology, Board of

Public Broadcasting Board, Virginia

Public Buildings Board, Virginia

Public Guardian and Conservator Advisory Board

Radiation Advisory Board

Real Estate Appraiser Board

Real Estate Board

Reciprocity Board, Department of Motor Vehicles

Recreational Fishing Advisory Board, Virginia

Reforestation Board

Rehabilitation Providers, Advisory Board on

Rehabilitative Services, Board of

Respiratory Care, Advisory Board on

Rockfish State Scenic River Advisory Board

Safety and Health Codes Board

Seed Potato Board, State

Sewage Handling and Disposal Appeal Review Board, State Health Department

Shenandoah State Scenic River Advisory Board

Small Business Advisory Board

Small Business Environmental Compliance Advisory Board

Small Grains Board, Virginia

Social Services, Board of

Social Work, Board of

Soil and Water Conservation Board, Virginia

Soybean Board, Virginia

State Air Pollution Control Board

Substance Abuse Certification Board

Surface Mining Review, Board of

Sweet Potato Board, Virginia

T & M Vehicle Dealers' Advisory Board

Teacher Education and Licensure, Advisory Board on

Transportation Board, Commonwealth

Transportation Safety, Board of

Treasury Board, The, Department of the Treasury

Veterans' Affairs, Board on

Veterinary Medicine, Board of

Virginia Board for Asbestos and Lead

Virginia Coal Mine Safety Board

Virginia Correctional Enterprises Advisory Board

Virginia Cotton Board

Virginia Employment Commission, State Advisory Board for the

Virginia Geographic Information Network Advisory Board

Virginia Horse Industry Board

Virginia Manufactured Housing Board

Virginia Retirement System, Board of Trustees

Virginia Schools for the Deaf and the Blind, Advisory Commission on the

Virginia Sheep Industry Board

Virginia Veterans Cemetery Board

Virginia Waste Management Board

Visually Handicapped, Virginia Board for the

Voluntary Formulary Board, Virginia

(Contingent effective date) Volunteer Firefighters' and Rescue Squad Workers' Pension Fund Board

War Memorial Foundation, Virginia, Board of Trustees

Waste Management Facility Operators, Board for

Water Resources Research Center Statewide Advisory Board, Virginia

Waterworks and Wastewater Works Operators, Board for

Well Review Board, Virginia.

B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:

Compensation Board

State Board of Elections

State Water Control Board

Virginia Parole Board

Virginia Veterans Care Center Board of Trustees.

§ 2.1-20.4. Bodies receiving compensation.

Notwithstanding any other provision of law, members of the commissions, boards, committees, councils and other similar bodies listed below, and members of any other board, committee, council, or similar body who are appointed at the state level, shall receive compensation from state funds pursuant to § 2.1-20.3:

Accountancy, Board of

Agriculture and Consumer Services, Board of

Air Pollution Control Board, State

Airports Authority, Virginia

Apprenticeship Council

Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for

Athletic Training, Advisory Board on

Auctioneers Board

Audiology and Speech-Language Pathology, Board of

Aviation Board, Virginia

Barbers, Board for

Branch Pilots, Board for

Building Code Technical Review Board, State

Charitable Gaming Commission

Chesapeake Bay Local Assistance Board

Chief Information Officer Advisory Board

Coal Mining Examiners, Board of

College Building Authority

Commonwealth Competition Council

Commonwealth Transportation Board

Conservation and Development of Public Beaches, Board on

Conservation and Recreation, Board of

Contractors, Board for

Correctional Education, Board of

Corrections, Board of

Cosmetology, Board for

Counseling, Board of

Criminal Justice Services Board

Deaf and Hard-of-Hearing, Advisory Board for the

Dentistry, Board of

Education, State Board of

Elections, State Board of

Fire Services Board, Virginia

Funeral Directors and Embalmers, Board of

Game and Inland Fisheries, Board of

Geology, Board for

Health, State Board of

Health Professions, Board of

Hearing Aid Specialists, Board for

Higher Education, State Council of

Historic Resources, Board of

Housing and Community Development, Board of

Juvenile Justice, State Board of

Licensed Professional Counselors, Marriage and Family Therapists, and Substance Abuse Treatment Professionals, Board of

Marine Resources Commission

Medical Assistance Services, Board of

Medical Complaint Investigation Committee

Medicine, Board of

Mental Health, Mental Retardation and Substance Abuse Services Board, State

Milk Commission

Mineral Mining Examiners, Board of

Motor Vehicle Dealer Board

Nursing, Board of

Nursing Home Administrators, Board of

Occupational Therapy, Advisory Board of

Oil and Gas Conservation Board, Virginia

Opticians, Board for

Optometry, Board of

Pesticide Control Board

Pharmacy, Board of

Physical Therapy, Advisory Board on

Port Authority, Board of Commissioners of the Virginia

Professional and Occupational Regulation, Board for

Professional Soil Scientists, Board for

Psychology, Board of

Public Defender Commission

Public School Authority, Virginia

Purchases and Supply Appeals Board

Real Estate Appraiser Board

Real Estate Board

Rehabilitative Services, Board of

Respiratory Care, Advisory Board on

Safety and Health Codes Board

Seed Potato Board, State

Social Services, Board of

Social Work, Board of

State Health Department Sewage Handling and Disposal Appeal Review Board

Substance Abuse Certification Board

Surface Mining Review, Board of

Treasury Board

Veterans' Affairs, Board on

Veterinary Medicine, Board of

Virginia Advanced Shipbuilding and Carrier Integration Center Board

Virginia Board for Asbestos and Lead

Virginia Health Planning Board

Virginia Manufactured Housing Board

Virginia Veterans Care Center Board of Trustees

Virginia Waste Management Board

Visually Handicapped, Virginia Board for the

Waste Management Facility Operators, Board for

Water Control Board, State

Waterworks and Wastewater Works Operators, Board for

Well Review Board, Virginia.

§ 9-6.25:2. Policy boards, commissions and councils.

There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following policy boards, commissions and councils:

Apprenticeship Council

Auctioneers Board

Blue Ridge Regional Education and Training Council

Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects

Board for Barbers

Board for Contractors

Board for Cosmetology

Board for Geology

Board for Hearing Aid Specialists

Board for Opticians

Board for Professional and Occupational Regulation

Board for Professional Soil Scientists

Board for Waterworks and Wastewater Works Operators

Board of Accountancy

Board of Agriculture and Consumer Services

Board of Audiology and Speech-Language Pathology

Board of Coal Mining Examiners

Board of Conservation and Recreation

Board of Correctional Education

Board of Counseling

Board of Dentistry

Board of Funeral Directors and Embalmers

Board of Health Professions

Board of Historic Resources

Board of Housing and Community Development

Board of Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals

Board of Medical Assistance Services

Board of Medicine

Board of Mineral Mining Examiners

Board of Nursing

Board of Nursing Home Administrators

Board of Optometry

Board of Pharmacy

Board of Psychology

Board of Social Services

Board of Social Work

Board of Surface Mining Review

Board of Veterinary Medicine

Board on Conservation and Development of Public Beaches

Cemetery Board

Chesapeake Bay Local Assistance Board

Child Day-Care Council

Commission on Local Government

Commonwealth Transportation Board

Council on Human Rights

Criminal Justice Services Board

Design-Build/Construction Management Review Board

Disability Services Council

Farmers Market Board, Virginia

Interdepartmental Council on Rate-setting for Children's Facilities

Library Board, The Library of Virginia

Marine Resources Commission

Milk Commission

Pesticide Control Board

Real Estate Appraiser Board

Real Estate Board

Reciprocity Board, Department of Motor Vehicles

Safety and Health Codes Board

Specialized Transportation Council

State Air Pollution Control Board

State Board of Corrections

State Board of Elections

State Board of Health

State Board of Juvenile Justice

State Health Department, Sewage Handling and Disposal Appeal Review Board

State Mental Health, Mental Retardation and Substance Abuse Services Board

State Seed Potato Board

State Water Control Board

Substance Abuse Certification Board

Treasury Board, The, Department of the Treasury

Virginia Aviation Board

Virginia Board for Asbestos and Lead

Virginia Fire Services Board

Virginia Gas and Oil Board

Virginia Health Planning Board

Virginia Manufactured Housing Board

Virginia Parole Board

Virginia Public Broadcasting Board

Virginia Soil and Water Conservation Board

Virginia Voluntary Formulary Board

Virginia Waste Management Board

Virginia Workforce Council

(Contingent effective date) Volunteer Firefighters' and Rescue Squad Workers' Pension Fund Board

Waste Management Facility Operators, Board for.

§ 54.1-106. Health care professionals rendering services to patients of certain clinics exempt from liability.

A. No person who is licensed or certified by the Boards of/for Audiology and Speech-Language Pathology; Counseling; Dentistry; Medicine; Nursing; Optometry; Opticians; Pharmacy; Hearing Aid Specialists; Psychology; or Social Work; or Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals who renders at any site any health care services within the limits of his license or certification, voluntarily and without compensation, to any patient of any clinic which is organized in whole or in part for the delivery of health care services without charge, shall be liable for any civil damages for any act or omission resulting from the rendering of such services unless the act or omission was the result of his gross negligence or willful misconduct.

For purposes of this section, any commissioned or contract medical officers or dentists serving on active duty in the United States armed services and assigned to duty as practicing commissioned or contract medical officers or dentists at any military hospital or medical facility owned and operated by the United States government shall be deemed to be licensed pursuant to this title.

B. For the purposes of Article 5.1 (§ 2.1-526.1 et seq.) of Chapter 32 of Title 2.1, any person rendering such health care services who (i) is registered with the Division of Risk Management and (ii) has no legal or financial interest in the clinic from which the patient is referred shall be deemed an agent of the Commonwealth and to be acting in an authorized governmental capacity with respect to delivery of such health care services. The premium for coverage of such person under the Risk Management Plan shall be paid by the Department of Health.

C. For the purposes of this section and Article 5.1 (§ 2.1-526.1 et seq.) of Chapter 32 of Title 2.1, "delivery of health care services without charge" shall be deemed to include the delivery of dental, medical or other health services when a reasonable minimum fee is charged to cover administrative costs.

§ 54.1-2503. Boards within Department.

In addition to the Board of Health Professions, the following boards are included within the Department: Board of Audiology and Speech-Language Pathology, Board of Counseling, Board of Dentistry, Board of Funeral Directors and Embalmers, Board of Medicine, Board of Nursing, Board of Nursing Home Administrators, Board of Optometry, Board of Pharmacy, Board of Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals, Board of Psychology, Board of Recreation Specialists, Board of Social Work and Board of Veterinary Medicine.

§ 54.1-3500. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Appraisal activities" means the exercise of professional judgment based on observations and objective assessments of a client's behavior to evaluate current functioning, diagnose, and select appropriate treatment required to remediate identified problems or to make appropriate referrals.

"Board" means the Board of Licensed Professional Counselors, Marriage and Family Therapists, and Substance Abuse Professionals Counseling.

"Certified substance abuse counselor" means a person certified to provide substance abuse counseling in a state-approved public or private substance abuse program or facility.

"Counseling" means the therapeutic process of: (i) conducting assessments and diagnoses for the purpose of establishing treatment goals and objectives and (ii) planning, implementing, and evaluating treatment plans using treatment interventions to facilitate human development and to identify and remediate mental, emotional or behavioral disorders and associated distresses which interfere with mental health.

"Counseling treatment intervention" means those cognitive, affective, behavioral and systemic counseling strategies, techniques and methods common to the behavioral sciences that are specifically implemented in the context of a therapeutic relationship. Other treatment interventions include developmental counseling, guidance, and consulting to facilitate normal growth and development, including educational and career development.

"Licensed substance abuse treatment practitioner" means a person who: (i) is trained in and engages in the practice of substance abuse treatment with individuals or groups of individuals suffering from the effects of substance abuse or dependence, and in the prevention of substance abuse or dependence; and (ii) is licensed to provide advanced substance abuse treatment and independent, direct and unsupervised treatment to such individuals or groups of individuals, and to plan, evaluate, supervise, and direct substance abuse treatment provided by others.

"Marriage and family therapist" means a person trained in the assessment and treatment of cognitive, affective, or behavioral mental and emotional disorders within the context of marriage and family systems through the application of therapeutic and family systems theories and techniques.

"Marriage and family therapy" means the assessment and treatment of cognitive, affective, or behavioral mental and emotional disorders within the context of marriage and family systems through the application of therapeutic and family systems theories and techniques and delivery of services to individuals, couples, and families, singularly or in groups, for the purpose of treating such disorders.

"Practice of counseling" means rendering or offering to render to individuals, groups, organizations, or the general public any service involving the application of principles, methods or procedures of the counseling profession, which shall include appraisal, counseling, and referral activities.

"Practice of marriage and family therapy" means the assessment and treatment of cognitive, affective, or behavioral mental and emotional disorders within the context of marriage and family systems through the application of therapeutic and family systems theories and techniques, which shall include assessment, treatment, and referral activities.

"Practice of substance abuse treatment" means rendering or offering to render substance abuse treatment to individuals, groups, organizations, or the general public.

"Professional counselor" means a person trained in counseling interventions designed to facilitate an individual's achievement of human development goals and remediating mental, emotional, or behavioral disorders and associated distresses which interfere with mental health and development.

"Referral activities" means the evaluation of data to identify problems and to determine advisability of referral to other specialists.

"Substance abuse" and "substance dependence" mean a maladaptive pattern of substance use leading to clinically significant impairment or distress.

"Substance abuse treatment" means (i) the application of specific knowledge, skills, substance abuse treatment theory and substance abuse treatment techniques to define goals and develop a treatment plan of action regarding substance abuse or dependence prevention, education or treatment in the substance abuse or dependence recovery process and (ii) referrals to medical, social services, psychological, psychiatric or legal resources when such referrals are indicated.

§ 54.1-3503. Board of Counseling.

The Board of Licensed Professional Counselors, Marriage and Family Therapists, and Substance Abuse Treatment Professionals Counseling shall regulate the practice of counseling, substance abuse treatment, and marriage and family therapy.

The Board shall consist of fourteen members. Twelve shall be professionals licensed in Virginia, who shall represent the various specialties recognized in the profession, and two shall be citizen members. Of the twelve professional members, eight shall be professional counselors, two shall be marriage and family therapists, and two shall be licensed substance abuse treatment practitioners. The professional members of the Board shall include two full-time faculty members engaged in teaching counseling, substance abuse treatment or marriage and family therapy in an accredited college or university in this Commonwealth, and two professional counselors engaged in full-time private practice. However, the marriage and family therapists initially appointed to the Board shall not be required to be licensed, shall not be licensed by another board in the Department of Health Professions, and shall be clinical members of the American Association for Marriage and Family Therapy. The licensed substance abuse treatment practitioners initially appointed to the Board shall not be required to be licensed, shall not be licensed by another board in the Department of Health Professions, shall be active members of the Virginia Association of Alcoholism and Drug Abuse Counselors and shall have a master's degree in substance abuse or a substantially equivalent master's degree.

The terms of the members of the Board shall be four years.

§ 54.1-3511. Advisory Board on Rehabilitation Providers.

The Advisory Board shall consist of ten members. One member each shall be appointed by the Boards of Counseling; Medicine; Nursing; Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals; Psychology; and Social Work from their respective membership. The Board of Health Professions shall appoint the remaining five members, two of whom shall be members of other boards referred to in § 54.1-2503 and three of whom shall be certified under this act as rehabilitation providers, except that the rehabilitation providers initially appointed to the board shall not be required to be certified. Members shall serve four-year terms, except that the term of any member who is a member of a board referred to in § 54.1-2503 shall expire contemporaneous with the expiration of his term on such board. Vacancies shall be filled in the same manner as original appointments.

§ 54.1-3512. Powers and duties of Advisory Board.

A. The Advisory Board shall:

1. Recommend to the Boards of Counseling; Medicine; Nursing; Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals; Psychology; and Social Work regulatory criteria for the voluntary certification of their licensees who provide rehabilitation services and for standards of conduct of licensees so certified.

2. Recommend to the Board of Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals Counseling regulatory criteria for certification and for standards of professional conduct of persons who provide rehabilitative services but who are exempt from licensure as professional counselors under subdivision 1 of § 54.1-3501.

3. Assist the Boards of Counseling; Medicine; Nursing; Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals; Psychology; and Social Work in all matters pertaining to rehabilitation services as they may request.

B. The criteria for certification and standards of professional conduct recommended by the Advisory Board shall be only those it finds to be necessary and appropriate to protect the public interest. The Boards of Counseling; Medicine; Nursing; Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals; Psychology; and Social Work may modify recommended criteria and standards as necessary to make them consistent with regulations applicable to its licensees.

§ 54.1-3513. Restriction of practice; use of titles.

A. No person, other than a person licensed by the Boards of Counseling; Medicine; Nursing; Optometry; Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals; Psychology; or Social Work, shall hold himself out as a provider of rehabilitation services or use the title "rehabilitation provider" or a similar title or any abbreviation thereof unless he holds a valid certificate under this article.

B. This section shall not apply to employees or independent contractors of the Commonwealth's agencies and sheltered workshops providing vocational rehabilitation services, provided such employees or independent contractors are not providing vocational rehabilitation services under § 65.2-603.

§ 54.1-3514. Certification of existing providers.

The Board of Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals Counseling upon receipt of a completed application and payment of the prescribed fee on or before June 30, 1995, shall issue a certificate to any person who was actively engaged in providing rehabilitation services on January 1, 1994.

§ 54.1-3515. Certification renewal of individuals who became certified under the provisions of § 54.1-3514.

After July 1, 2001, the Board of Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals Counseling shall not renew a certificate to any person who became certified under the provisions of § 54.1-3514 without documentation that such person meets the current requirements for certification established by the Board, unless such person provided rehabilitation services for at least two years immediately preceding July 1, 1997, and has done so continuously since that date without interruption and received a passing score on a Board approved examination. The Board of Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals Counseling, pursuant to its authority in this section and in § 54.1-3505, shall adopt regulations to implement the 1997 revisions of the law relating to certified rehabilitation providers in 280 days or less of the date of the enactment of such revisions.

§ 54.1-3609. Advisory Committee on Certified Practices.

The Advisory Committee on Certified Practices is hereby established and shall consist of ten members. One member each shall be appointed by the Boards of Counseling; Medicine; Nursing; Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals; Psychology; and Social Work from their respective boards. The Board of Health Professions shall appoint the remaining five members, two of whom shall be citizen members of the Board of Health Professions or members of boards listed in § 54.1-2503 not required to appoint a member, and three of whom shall be sex offender treatment providers. Members shall serve five-year terms or until the expiration of this section, whichever first occurs. The term of any member who is a member of a board referred to in § 54.1-2503 shall expire contemporaneously with the expiration of his term on such board. Vacancies shall be filled in the same manner as original appointments.

§ 54.1-3610. Powers and duties of Advisory Committee on Certified Practices.

The Advisory Committee shall:

1. Recommend to the Boards of Counseling; Medicine; Nursing; Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals; Psychology; and Social Work standards for the voluntary certification of their licensees as sex offender treatment providers.

2. Recommend to the Board of Psychology standards for the mandatory certification of sex offender treatment providers for those professionals who are otherwise exempt from licensure under subdivision 4 of §§ 54.1-3501, 54.1-3601 or § 54.1-3701.

§ 54.1-3611. Restriction of practice; use of titles.

No person, including licensees of the Boards of Counseling; Medicine; Nursing; Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals; Psychology; or Social Work, shall claim to be a certified sex offender treatment provider unless he has been so certified. No person who is exempt from licensure under subdivision 4 of §§ 54.1-3501, 54.1-3601 or § 54.1-3701 shall hold himself out as a provider of sex offender treatment services unless he is certified as a sex offender treatment provider by the Board of Psychology.

§ 65.2-603. Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept.

A. 1. As long as necessary after an accident, the employer shall furnish or cause to be furnished, free of charge to the injured employee, a physician chosen by the injured employee from a panel of at least three physicians selected by the employer and such other necessary medical attention. Where such accident results in the amputation or loss of use of an arm, hand, leg, or foot or the enucleation of an eye or the loss of any natural teeth or loss of hearing, the employer shall furnish prosthetic or orthotic appliances, as well as wheelchairs, walkers, canes, or crutches, proper fitting and maintenance thereof, and training in the use thereof, as the nature of the injury may require. In awards entered for incapacity for work, under this title, upon determination by the treating physician and the Commission that the same is medically necessary, the Commission may require that the employer furnish and maintain bedside lifts, adjustable beds, and modification of the employee's principal home consisting of ramps, handrails, or any appliances prescribed by the treating physician and doorway alterations, provided that the aggregate cost of all such items and modifications required to be furnished on account of any one accident shall not exceed $25,000. The employee shall accept the attending physician, unless otherwise ordered by the Commission, and in addition, such surgical and hospital service and supplies as may be deemed necessary by the attending physician or the Commission.

2. The employer shall repair, if repairable, or replace dentures, artificial limbs, or other prosthetic or orthotic devices damaged in an accident otherwise compensable under workers' compensation, and furnish proper fitting thereof.

3. The employer shall also furnish or cause to be furnished, at the direction of the Commission, reasonable and necessary vocational rehabilitation services. Vocational rehabilitation services may include vocational evaluation, counseling, job coaching, job development, job placement, on-the-job training, education, and retraining. Those vocational rehabilitation services that involve the exercise of professional judgment as defined in § 54.1-3510 shall be provided by a certified rehabilitation provider as provided in Article 2 (§ 54.1-3510 et seq.) of Chapter 35 of Title 54.1 or by a person licensed by the Boards of Counseling; Medicine; Nursing; Optometry; Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals; Psychology; or Social Work. In the event a dispute arises, any party may request a hearing and seek the approval of the Commission for the proposed services. Such services shall take into account the employee's preinjury job and wage classifications; his age, aptitude, and level of education; the likelihood of success in the new vocation; and the relative costs and benefits to be derived from such services.

B. The unjustified refusal of the employee to accept such medical service or vocational rehabilitation services when provided by the employer shall bar the employee from further compensation until such refusal ceases and no compensation shall at any time be paid for the period of suspension unless, in the opinion of the Commission, the circumstances justified the refusal. In any such case the Commission may order a change in the medical or hospital service or vocational rehabilitation services.

C. If in an emergency or on account of the employer's failure to provide the medical care during the period herein specified, or for other good reasons, a physician other than provided by the employer is called to treat the injured employee, during such period, the reasonable cost of such service shall be paid by the employer if ordered so to do by the Commission.

D. As used in this section and in § 65.2-604, the terms "medical attention," "medical service," "medical care," and "medical report" shall be deemed to include chiropractic service or treatment and, where appropriate, a chiropractic treatment report.

E. Whenever an employer furnishes an employee the names of three physicians pursuant to this section, and the employer also assumes all or part of the cost of providing health care coverage for the employee as a self-insured or under a group health insurance policy, health services plan or health care plan, upon the request of an employee, the employer shall also inform the employee whether each physician named is eligible to receive payment under the employee's health care coverage provided by the employer.

F. If the injured employee has an injury which may be treated within the scope of practice for a chiropractor, then the employer or insurer may include chiropractors on the panel provided the injured employee.