Continuing Education & Resources for Mental Health Professionals

Virginia Legal Information

Legally-Required Reports of Misconduct By Licensed/Certified Mental Health Service Providers, As Required by Virginia Law or Regulation

As Required by Virginia Law or Regulation:
[Note: See statute conferring Legal Immunity whether or not reporting was legally required ]

Virginia statute § 54.1-2400.4 requires the following:
A. Any mental health service provider, as defined in § 54.1-2400.1 , shall, upon learning of evidence that indicates a reasonable probability that another mental health provider is or may be guilty of a violation of standards of conduct as defined in statute or regulation, advise his patient of his right to report such misconduct to the Department of Health Professions, hereinafter referred to as the “Department. . . . ”
[Summary of requirements imposed by this statute below chart]

BOARD
Report Required by Licensee or Certified Provider
[click on red items to read entire text of law/reg.]
Psychology
(See Virginia Board of Psychology website)
Clinical, School,
and Applied
Psychologists
18VAC125-20-150 : B. Persons licensed by the board shall . . . . 15. Report to the board known or suspected violations of the laws and regulations governing the practice of psychology.
Certified Sex Offender Treatment Providers 18VAC125-30-100 : B. Persons licensed by the board shall . . . . 13. Report to the board known or suspected violations of the laws and regulations governing the practice of sex offender treatment providers, as well as any information that a sex offender treatment provider is unable to practice with reasonable skill and safety because of illness or substance abuse or otherwise poses a danger to himself, the public or clients.
Social Work (See Virginia Board of Social Work website)
LCSW 18VAC140-20-150 : Persons licensed as social workers and clinical social workers shall: . . . .4. Report to the board known or suspected violations of the laws and regulations governing the practice of social work.
Counseling (See Virginia Board of Counseling website )
LPC 18VAC115-20-130 :
E. Persons licensed by this board shall report to the board known or suspected violations of the laws and regulations governing the practice of professional counseling.
F. Persons licensed by the board shall advise their clients of their right to report to the Department of Health Professions any information of which the licensee may become aware in his professional capacity indicating that there is a reasonable probability that a person licensed or certified as a mental health service provider, as defined in § 54.1-2400.1 of the Code of Virginia, may have engaged in unethical, fraudulent or unprofessional conduct as defined by the pertinent licensing statutes and regulations.
LMFT 18VAC115-50-110 :
E. Persons licensed by this board shall report to the board known or suspected violations of the laws and regulations governing the practice of marriage and family therapy.
F. Persons licensed by the board shall advise their clients of their right to report to the Department of Health Professions any information of which the licensee may become aware in his professional capacity indicating that there is a reasonable probability that a person licensed or certified as a mental health service provider, as defined in § 54.1-2400.1 of the Code of Virginia, may have engaged in unethical, fraudulent or unprofessional conduct as defined by the pertinent licensing statutes and regulations.
LSATP 18VAC115-60-130 :
E. Persons licensed by this board shall report to the board known or suspected violations of the laws and regulations governing the practice of substance abuse treatment.
F. Persons licensed by the board shall advise their clients of their right to report to the Department of Health Professions any information of which the licensee may become aware in his professional capacity indicating that there is a reasonable probability that a person licensed or certified as a mental health service provider, as defined in § 54.1-2400.1 of the Code of Virginia, may have engaged in unethical, fraudulent or unprofessional conduct as defined by the pertinent licensing statutes and regulations.
CSAC 18VAC115-30-130 : B. Persons certified by the board shall. . . . 4. Report to the board known or suspected violations of the laws and regulations governing the practice of certified substance abuse counselors or certified substance abuse counseling assistants..
Medicine (See Virginia Board of Medicine website)
Psychiatrists § 54.1-2909 “A. The following matters shall be reported within 30 days of their occurrence to the Board: . . . 4. Any evidence that indicates a reasonable probability that a person licensed under this chapter is or may be professionally incompetent; has engaged in intentional or negligent conduct that causes or it likely to cause injury to a patient or patients; has engaged in unprofessional conduct; or may be mentally or physically unable to engage safely in the practice of his profession.” {Definition of “unprofessional conduct” can be found at § 54.1-2915 }
NOTE: For reports required by child abuse reporting statute, and if a
health care provider is in treatment for condition that places public at risk, etc.,
see separate chart of Virginia Reporting Statutes.

IN COMPLIANCE WITH VIRGINIA STATUTE § 54.1-2400.4,

Virginia Therapists Must Provide the Following Information to Patients :

 How to file a Complaint:

Complaints may be submitted to the Enforcement Division
of the Health Regulatory Boards

in writing, by telephone, fax, email, in person, or anonymously.

Virginia Department of Health Professions
6603 West Broad Street, 5th Floor, Richmond, Virginia 23230-1712
Telephone: 1-800-533-1560
Fax: (804) 662-7079 — Email: enfcomplaints@dhp.state.va.us


You Can Download Complaint Form
from
http://www.dhp.state.va.us/enforcement/complaint_home.htm

For filing a complaint:
# Provide your name, address, and telephone number (unless complaint is anonymous)
# Identify the practitioner you are reporting.
# Provide a detailed summary of your concerns.
# Attach copies (not originals) of documents relating to your concerns, if applicable.
# Return the completed Complaint Form to the Enforcement Division.

 

 

Print This Page Print This Page