18VAC115-30-150. Grounds for revocation, suspension, probation, reprimand, censure restriction or denial of renewal of certificate; petition for rehearing.

A. In accordance with §54.1-2400(7) of the Code of Virginia, the board may revoke, suspend, restrict or decline to issue or renew a certificate based upon the following conduct:

1. Conviction of a felony or of a misdemeanor involving moral turpitude, or violation of or aid to another in violating any provision of Chapter 35 (§54.1-3500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of substance abuse counseling, or any provision of this chapter;

2. Procuring a certificate by fraud or misrepresentation;

3. Conducting one's practice in such a manner so as to make it a danger to the health and welfare of one's clients or to the public; or if one is unable to practice substance abuse counseling with reasonable skill and safety to clients by reason of illness, abusive use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;

4. Negligence in professional conduct or nonconformance with the standards of practice outlined in 18VAC115-30-140; or

5. Performance of functions outside the board-certified area of competency.

B. Petition for rehearing. A petition may be made to the board for a rehearing upon good cause shown or as a result of substantial new evidence having been obtained which would alter the determination reached in subsection A of this section.

Statutory Authority

§§54.1-103 and 54.1-2400 and Chapter 35 (§54.1-3500 et seq.) of Title 54.1 of the Code of Virginia.

Historical Notes

Derived from VR560-01-03 §5.2, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 16, Issue 7, eff. January 19, 2000; Volume 24, Issue 14, eff. April 16, 2008.

18VAC115-30-160. Reinstatement following disciplinary action.

A. Any person whose certificate has been revoked, suspended or denied renewal by the board under the provisions of 18VAC115-30-150 may, two years subsequent to such board action, submit a new application for reinstatement of certification. Any person whose certificate has been revoked by the board under the provisions of 18VAC115-30-150 may, three years subsequent to such board action, submit a new application to the board for certification to the board.

B. The board in its discretion may, after a hearing, grant the reinstatement sought in subsection A of this section.

C. The applicant for reinstatement, if approved, shall be certified upon payment of the appropriate fee applicable at the time of reinstatement.

Statutory Authority

§§54.1-113 and 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR560-01-03 §5.3, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 7, eff. January 19, 2000; Volume 16, Issue 13, eff. April 12, 2000; Volume 24, Issue 14, eff. April 16, 2008.