11/28/2011 12:42 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
Promulgating Board: | Board of Psychology |
Regulatory Coordinator: | Evelyn B. Brown (804)367-4697 evelyn.brown@dhp.virginia.gov |
Agency Contact: | Elaine J. Yeatts Agency Regulatory Coordinator (804)367-4699 elaine.yeatts@dhp.virginia.gov |
Contact Address: | Department of Health Professions 9960 Mayland Drive, Suite 300 Richmond, VA 23233 |
Chapter Affected: | |
18 vac 125 - 20: | Regulations Governing the Practice of Psychology |
Statutory Authority: |
State: Chapter 36 of Title 54.1 Federal: |
Date Petition Received | 07/28/2011 |
Petitioner | James D. Watwood |
Increase the tme limit for romantic or sexual relationships with patients from two
years after termination to indefinite when the patient has been a victim of rape,
incest or sexual abuse.
Agency Plan
In accordance with Virginia law, the petition was filed with the Register of Regulations
with a request for comment to be received until September 20, 2011. The petition
will also be posted for comment on the Virginia Regulatory Townhall at www.townhall.virginia.gov
At its next meeting which is scheduled for November 8, 2011, the Board will consider the
petition and any comment received to decide whether or not to initate the rule-making process.
Publication Date | 08/29/2011 (comment period will also begin on this date) |
Comment End Date | 09/20/2011 |
Take no action
Agency Response Date | 11/28/2011 |
At its meeting on November 8, 2011, the Board carefully considered and thoroughly
discussed the petition. Its vote was to deny the petition because the Board has already
proposed to extend the time limitation on relationships with clients from two to five
years, which will provide greater separation between the termination of professional
services and any initiation of a personal relationship. Notwithstanding the stated
time prohibition, current regulations place the burden on the licensee to demonstrate
that there has been no exploitation of a client in the initiation of a relationship
after that time has passed. Additionally, the Board was concerned that documentation
or differing interpretations of sexual abuse, etc. could make enforcement of a permanent
prohibition difficult to enforce.