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1999 SESSION


CHAPTER 630
An Act to amend and reenact §§ 54.1-3605, 54.1-3609, 54.1-3610 and 54.1-3611 of the Code of Virginia, relating to sex offender treatment providers.
[S 991]
Approved March 28, 1999

Be it enacted by the General Assembly of Virginia:

1. That §§ 54.1-3605, 54.1-3609, 54.1-3610 and 54.1-3611 of the Code of Virginia are amended and reenacted as follows:

§ 54.1-3605. Powers and duties of the Board.

In addition to the powers granted in other provisions of this title, the Board shall have the following specific powers and duties:

1. To cooperate with and maintain a close liaison with other professional boards and the community to ensure that regulatory systems stay abreast of community and professional needs.

2. To conduct inspections to ensure that licensees conduct their practices in a competent manner and in conformance with the relevant regulations.

3. To designate specialties within the profession.

4. To issue a temporary license for such periods as the Board may prescribe to practice psychology to persons who are engaged in a residency or pursuant to subdivision 7 of § 54.1-3601.

5. To promulgate regulations for the voluntary certification of licensees as sex offender treatment providers. In promulgating such regulations, the Board shall consider the standards recommended by the Advisory Committee on Certified Practices pursuant to § 54.1-3610. The provisions of this subdivision shall expire on July 1, 1999.

6. To administer 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 and to promulgate regulations governing such mandatory certification. The regulations shall include provisions for fees for application processing, certification qualifications, certification issuance and renewal and disciplinary action. The provisions of this subdivision shall expire on July 1, 1999.

§ 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 Medicine; Nursing; Licensed Professional Counselors, and 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. The provisions of this section shall expire on July 1, 1999.

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

A. The Advisory Committee shall:

1. Recommend to the Boards of Medicine; Nursing; Licensed Professional Counselors, and 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.

B. The provisions of this section shall expire on July 1, 1999.

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

No person, including licensees of the Boards of 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. The provisions of this section shall expire on July 1, 1999.