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2003 SESSION

030251948
HOUSE BILL NO. 2484
Offered January 8, 2003
Prefiled January 8, 2003
A BILL to amend the Code of Virginia by adding a section numbered 60.2-212.1:1, relating to unemployment compensation; providers of certain clinical services as independent contractors.
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Patron-- Tata
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 60.2-212.1:1 as follows:

§ 60.2-212.1:1. Employment; exclusion for certain clinical service providers.

An individual performing services as a licensed clinical social worker as defined in § 54.1-3700, licensed psychologist as defined in § 54.1-3600, licensed professional counselor as defined in § 54.1-3500 or licensed psychiatrist is an independent contractor, not an employee, while performing services as a licensed clinical social worker, licensed psychologist, licensed professional counselor or licensed psychiatrist, if such individual:

1. Operates under a contract specifying that the individual is free from control or direction over the performance of such services;

2. Is licensed in the Commonwealth to perform independent clinical services;

3. Is compensated solely from fees charged for such services that are performed by such individual; and

4. Has a valid business license issued by the locality wherein such individual performs such services.