                                 CODE OF VIRGINIA

EXEMPTION FROM REQUIREMENTS OF LICENSURE (§ 54.1-3701)

The requirements for licensure provided for in this chapter shall not be
applicable to:

1. Persons who render services that are like or similar to those falling within
the scope of the classifications or categories in this chapter, so long as the
recipients or beneficiaries of such services are not subject to any charge or
fee, or any financial requirement, actual or implied, and the person rendering
such service is not held out, by himself or otherwise, as a licensed
practitioner.

2. The activities or services of a student pursuing a course of study in social
work in an institution recognized by the Board for purposes of licensure upon
completion of the course of study or under the supervision of a practitioner
licensed under this chapter; if such activities or services constitute a part of
his course of study and are adequately supervised.

3. The activities of rabbis, priests, ministers or clergymen of any religious
denomination or sect when such activities are within the scope of the
performance of their regular or specialized ministerial duties, and no separate
charge is made or when such activities are performed, whether with or without
charge, for or under auspices or sponsorship, individually or in conjunction
with others, of an established and legally cognizable church, denomination or
sect, and the person rendering service remains accountable to its established
authority.

4. Persons employed as salaried employees or volunteers of the federal
government, the Commonwealth, a locality, or of any agency established or
funded, in whole or part, by any such governmental entity or of a private,
nonprofit organization or agency sponsored or funded, in whole or part, by a
community-based citizen group or organization. Any person who renders
psychological services, as defined in Chapter 36 (&#xA7; 54.1-3600 et seq.) of
this title, shall be subject to the requirements of that chapter. Any person
who, in addition to the above-enumerated employment, engages in an independent
private practice shall not be exempt from the requirements for licensure.

5. Persons regularly employed by private business firms as personnel managers,
deputies or assistants so long as their counseling activities relate only to
employees of their employer and in respect to their employment.

6. Any person who is licensed to practice as a clinical social worker in another
state, the District of Columbia, or a United States territory or possession and
who is in good standing with the applicable regulatory agency in that state, the
District of Columbia, or that United States territory or possession who provides
behavioral health services, as defined in &#xA7; 37.2-100, to a patient located
in the Commonwealth when (i) such practice is for the purpose of providing
continuity of care through the use of telemedicine services as defined in &#xA7;
38.2-3418.16 and (ii) the clinical social worker has previously established a
practitioner-patient relationship with the patient. A person who is licensed to
practice as clinical social worker who provides behavioral health services to a
patient located in the Commonwealth through use of telemedicine services
pursuant to this subdivision may provide such services for a period of no more
than one year from the date on which the clinical social worker began providing
such services to such patient.

HISTORY: 1976, c. 608, § 54-944; 1986, c. 581; 1988, c. 765; 2022, c. 275.