11/28/2011 12:42 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
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
 Petitioner's Request
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
 Agency Decision
Take no action
Agency Response Date 11/28/2011
 Agency Decision Text
  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.