CHAPTER 657

An Act to amend and reenact §§ 54-278, 54-274, 54-275, 54-276.6, 54-
282, 54-284, 54-287, 54-296, 54-297, 54-298, 54-318, 54-315.1, 54-817,
54-817.1, 54-818, 54-819, 54-822, 54-828, 54-S2h and 54-864 of the
Code of Virginia, as severally amended; to amend the Code of Virginta
by adding sections numbered 54-281.8 ‘and 54-809.1, the amended and
new sections relating to practice of the healing arts, and to the
Department of Professional and Occupational Registration; further
to amend the Code of Virginia by adding in Title 54 a chapter num-
bered 5.1, containing sections numbered 54-102.1 through 54-102.14,
creating ‘the Virginia Board of Psychologist Examiners, provid-
ing for the examining of persons desiring to practice psychology is
Virginia and for the issuance and suspension of licenses by such
Board; requiring certain reports and recommendations by such
Board to the State Board of Medical Examiners as to persons destring
licensure as clinical psychologists; prohibiting the practice of psy-
chology by unlicensed persons and providing penalties; and to repeal
Chapter 6 of Title 54 of the Code of Virginia, containing §§ 54-108
through 54-112, relating to clinical psychologists and the Examining
Board for the Certification of Clinical Psychologists. (A 55

]

Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 54-278, 54-274, 54-275, 54-276.6, 54-282, 54-284, 54-287, 54-
296, 54-297, 54-298, 'B4-313, '4- 315.1, 54-317, 64-317.1, 54-318, 54-319, 54-
822. 54-323, 54-324 and 54-864 of the Code of Virginia, as severally
amended, be amended and reenacted ; that the Code of Virginia be amended
by adding sections numbered 54-281.3 and 54-309. 1; and that the Code of
Virginia be further amended by adding in Title 54 a chapter numbered
5.1 containing sections numbered 54-102.1 through 64-102.14; the
amended and new sections being as follows:

Chapter 5.1

§ 54-102.1. As used in this chapter:
(a) “Board” means the Virginia Board of Psychologists Examiners.
(b) “Psychologist” means a person trained in the application of
established principles of learning, motivation, perception, thinking and
emotional relationships to problems of personality evaluation, group rela-
tions, and behavior adjustment.

(c) “Practice of psychology’ means an individual’s rendering or
offering to render to individuals, groups, organizations, or the general
public any service involving the application, except as specific applications
are excluded in § 54-102.14, of principles, methods or procedures of the
science and profession of psychology, to, include but not to be limited to:

(i) “Measuring and testing’, consisting of the psychological
assessment and evaluation of abilities, attitudes, aptitudes, achteve-
ments, adjustments, motives, personality dynamics and/or other
psychological attributes of individuals, or groups of individuals by
means of standardized measurements or other methods, techniques,
or procedures recognized by the science and profession of psychology.

(tt) “Counseling and psychotherapy”, consisting of the applica-
tion of principles of learning and motivation in an interpersonal
situation with the objectives of modification of perception and adjust-
ment. Counseling and psychotherapy require highly developed skills
an the discipline or disciplines, techniques, and methods of altering
through learning processes, attitudes, feelings, values, self-concept,
personal goals and adaptive patterns. Psychotherapy excludes the
treatment of disease entities by the use of drugs or surgery.

(11) “Psychological consulting’’, consisting of interpreting or
reporting upon scientific fact or theory in psychology, rendering
expert psychological opinion, psychological evaluation, or engaging
an applied psychological research.

(d) “Representing himself to be a psychologist” means holding one-
self out to the public by any title or description incorporating the words
“psychologist”, “psychological”, “psychology” or ““psychologic’’.

Nothing in this definition shall be construed as permitting the
administration or prescribing of drugs or in any way infringing upon
the practice of medicine as defined in Chapter 12 of this title.

§ 54-102.2. (a) The examining Board for the Certification of Clinical
Psychologists appointed pursuant to § 54-104 is continued, and shall here-
after be known as the Virginia Board of Psychologists Examiners and
shall consist of five members. Members of the Board in office when this
act becomes effective shall continue in office until the expiration of the
terms for which respectively appointed. Subsequent appointments shall
be made by the Governor for terms of five years each. The Board shall
hereafter consist of at least two members chosen from and members of
the faculties of accredited colleges and universities in this State and
actively engaged in teaching psychology, and at least two clinical
psychologists who are licensed or qualified to be licensed in this State.
The fifth member shall be chosen from any field of psychology.

(b) In making appointments to the Board, the Governor may select
appointees from lists of not less than three names submitted to him by
the Virginia Psychological Association at least thirty days before the
vacancy occurs if by expiration of term and within thirty days of a
vacancy occurring otherwise. A person shall be eligible to succeed him-
self only once after serving a term of five years.

(c) The members of the Board shall be paid their necessary expenses
when engaged upon their duties as members of the Board.

§ 54-102.8. The Board shall annually elect one of its members to
serve as chairman. The Director of the Department of Professional and
Occupational Registration shall serve as Secretary to the Board.

__ § 54-102.4. The Board shall adopt a seal and rules and, in accordance
with Chapter 1.1 of Title 9, adopt regulations for its own proceedings
and government, including a reasonable code of ethics governing the pro-

fessional conduct of psychologists, using as its model the “Ethical Stand-

ards of Psychologists” established by the American Psychological Assocta-

stom, and for the examination of candidates for licensing as provided
erein.

§ 54-102.5. (a) Regular meetings of the Board shall be held at such
times and places as it prescribes, and special meetings may be held upon
the call of the Chairman but there shall be no less than one regular
meeting each year, at which meeting candidates applying for licensing
shall be examined and their qualifications determined. If, in the discre-
tion of the Board, more than one examination in any one year is necessary,
ié may hold such other examination at such time and place as it may
designate. All examinations provided for in this chapter shall be con-
ducted by the Board or a majority thereof.

(b) The fee for such examination shall be fifty dollars and the
scope and form of the examination shall lie within the discretion of the
Board but shall be limited to the fields of learning required of a psychol-
ogist in the practice of his profession. All applicants shall have com-
pleted filing all credentials required by the Board with the Secretary of
the Board at least thirty days prior to the date of such examination.

(c) The Board in its discretion may waive examination of a candi-
date for licensing by it if the candidate holds a diploma of the American
Board of Examiners in Professional Psychology, or holds a certificate or
license of an examining board of some other state, district or territory of
the United States, provided that the standards of such other board are
deemed by the members of this Board to be equivalent to the standards
of this State and like reciprocity is extended to holders of licenses issued
by this Board.

_ § 54-102.6. (a) A candidate for licensing as a psychologist or
clinical psychologist shall meet the following requirements:

(1) Beof good moral character.

(2) Hold a doctorate in psychology from a college or university
accredited by a regional accrediting agency approved by the State Board
of Education or have had other academic training or specialized experi-
ence which, in the opinion of the Board, is equivalent thereto.

(8) Have had at least two years of appropriate post-doctoral experi-
ence in psychological work under conditions satisfactory to the Board; pro-
vided that applicants for licensure as clinical psychologists, as defined in
§ 54-278 (10), must have satisfactorily completed an internship or practi-
cum of at least one year, full time, in a mental health facility acceptable to
the Board and under the supervision of a clinical psychologist possessing
qualifications substantially equivalent to those required for licensing under

as title.

(4) Pass such examination in the field of psychology as shall be
prescribed oy the Board.

(b) The Board shall issue a license tu practice psychology to any
candidate meeting the applicable requirements of subsection (a) of this sec-
tion other than a candidate desiring to engage in the practice of clinical
psychology, as defined in § 54-278(10). As to any candidate seeking li-
censure for the practice of clinical psychology, after his passage of such
examination the Board shall forward the application, together with its
recommendation as to the issuance of a license, and ten dollars of the fee
collected for his examination under the provisions of § 54-102.5(b) to the
State Board of Medical Examiners for licensure as provided in § 54-309.1.

(c) Notwithstanding the foregoing provisions of this section, the
Board shall, until July one, nineteen hundred sixty-seven, waive the require-
ment of paragraph (4) of subsection (a) of this section and upon applica-
tion and the payment of a fee of twenty-five dollars, grant a license to
practice as a psychologist to any applicant who:

(1) Holds a doctorate in psychology in accordance with atandard3
set forth in subsection (a) (2) of this section and has had at least two
years appropriate experience in rendering psychological services under
conditions satisfactory to the Board; or

(2) Holds a masters degree in psychology in accordance with
standards set forth in subsection (a) (2) of this section and has had
seven years appropriate experience, five years of which shall have been
acquired after receipt of his masters degree, in rendering psychological
services under conditions satisfactory to the Board; and

(8) In either case, has been employed full time as a psychologist or
has been holding himself out, for compensation, to the public in thts State
as a psychologist and was rendering psychological services to the public
on or before July one, nineteen hundred sixty-six; and .

Has been a resident of or maintained a continuous practice in
this State at least one year prior to July one, nineteen hundred sixty-six;
an

_ . (5) Has applied for a license on or before July one, nineteen hundred
strty-seven.

(d) The Board may issue, to any person who has applied to take the
examination and met the other requirements provided for in § 54-1 02.6,
temporary permit to practice psychology in this State, pending his taking
of such examination and action of the Board on his application. No such
permit shall authorize the practice of clinical psychology nor shall it be
issued for a period greater than six months. ;

§ 54-102.7. Every license or certificate of renewal issued under this
chapter to engage in the practice of psychology shall expire on the
thirtieth day of June of the year following the year of issue. On or before
the first day of June of each year the secretary of the Virginia Board of
Psychologist Examiners shall mail to each licensee an application for re-
newal in such form as the Board shall prescribe. The licensee shall return
such application, properly filled in, to the Bourd together with a fee of
ten dollars before June thirty of each year, upon receipt of which the
Board shall issue to the licensee a certificate of renewal for the period be-
ginning July first and ending on June thirtieth of the succeeding year.
Fatlure of a licensee to receive the application from the secretary shall
not excuse him from the requirements for renewal herein contained. An
unexpired license or certificate of renewal shall be conspicuously displayed
in the office of the holder thereof and shall authorize him to engage
tn the practice of psychology as defined in this chapter for the period of
validity of such license or certificate.

§ 54-102.8. The Board after procedure in accordance with Chapter
1.1 of Title 9 may suspend any license issued by it or may revoke any such
license, if the holder

(1) has been convicted of a felony, or

(2) has been found by the Board to have cmployed fraud or deceit

in obtaining the license, or

(8) is an kabitual drunkard or is addicted to the use of habit form.

ing drugs, or

(4) has acted negligently or wrongfully in the conduct of his pro-

fession, or not in conformance with the code of ethics adopted by

the Board, or

(5) has been found performing functions outside the area of his

competency.

Application for reinstatement may be made to the Board, and it may,
after affording the applicant a hearing, grant such reinstatement. The
Board may, at its own discretion, review and reverse its suspensions,
revocations or refusals to issue a license at any time.
§ 54-102.9. No person not licensed as provided in this chapter shall
engage in any practice which in the judgment of the Board constitutee
the practice of psychology or representing himself to be a psychologist as
defined in § 54-102.1.

§ 54-102.10. Any person who represents himself to be a psychologist
or engages in the practice of psychology as defined in § 54-102.1 without.
having first complied with the provisions of this chapter shull be guilty
of a misdemeanor, and upon conviction thereof, shall be punished by a
fine of not less than fifty dollars nor more than five hundred dollars for
each offense and, in addition, may be wnprisoned for not exceeding sic

months.

§ 54-102.11. The courts of record of this Commonwealth having gen-
eral equity jurisdiction are hereby vested with jurisdiction and power to
enjoin the unlawful practice of psychology or falsely representing oneself
to be a psychologist in a proceeding brought by the Board or any member
thereof, or by any citizen of this State, in the county or city in which the
alleged unlawful practice occurred, or in which the defendant resides.

8 54-102.12. No injunction shall issue until after final hearing on the
merits of the case. If upon final hearing, it is shown that the defendant
has been unlawfully practicing psychology or falsely representing himself
to be a psychologist, the court shall perpetually enjoin such unlawful
practice. The practice and procedure in such cases shall be the same, or
as near as may be, as that in any other injunction suit. The remedy by
injunction herein given is in addition to the criminal prosecution and
punishment provided in § 54-102.10.

§ 54-102.18. It shall be the duty of the clerk of every court of record
wherein any conviction is had or any injunction awarded to report the same
to the Board, which shall thereupon suspend or revoke any certificate or
license held by the person so convicted or enjoined. Every such report
shall be directed to the secretary of the Board.

; § 54-102.14. Nothing in this chapter shall be construed to regulate or
amit:

(1) The activities or services of, or use of his official title by, a
person in the employ of a federal, State or local government or of a college
or university accredited by a regional accrediting agency approved by the
State Board of Education, within the scope of the employment of such
person.

(2) The activities or services of a student, interne, or resident pur-
suing a course of study in psychology in an institution accredited by such
a regional accrediting agency or approved by the Board provided such
activities or services constitute a part of his course of study and are
adequately supervised.

(8) Activities in the course of the practice of any other recognized
business or profession.

(4) The use of the title “social psychologist” by a person who has
duly graduated with a doctoral degree in sociology or social psychology
from a college or university accredited by a recognized regional accrediting
agency and who has passed comprehensive examinations in the field of
social psychology as a part of the requirements for the doctoral degree and
who has notified the Board of his intention to use the term “social psy-
chologist” and filed with the Board a statement of the facts of his doctoral
education and comprehensive examination in sociology or social psychology.

§ 54-273. When used in this chapter unless expressly stated other-

(1) “Board” means the Board of Medical Examiners for the State
of Virginia.

(2) “The healing arts” means the art or science or group of arts
or sciences dealing with the prevention and cure or alleviation of human

wise
ailments, diseases, or infirmities, and has the same meaning as “medicine”
when the latter term is used in its comprehensive sense.

(3) “Practice of medicine” means the treatment of human ailments,
diseases, or infirmities by any means or method.

(4) “Practice of homeopathy” means the treatment of human ail-
ments, diseases, or infirmities by any means or method.

(5) “Practice of osteopathy” means the treatment of human ail-

ments, diseases, or infirmities by any means or method other than
surgery and drugs, provided, however, that if a duly licensed osteopath has
satisfied the Board of Medical Examiners that he has had adequate clinical
experience at the professional school from which he graduated, or hos-
pital work, to enable him to perform surgery with the use of instruments,
or has satisfied the Board by an examination that he is qualified to
practice surgery, and has further satisfied the Board by an examination
that he is qualified to administer drugs, then the term “practice of
osteopathy” as applied to such person shall include the use of surgery
and drugs.
(6) “Practice of chiropractic” means the adjustment of the twenty-
four movable vertebrae of the spinal column, and assisting nature for
the purpose of normalizing the transmission of nerve energy. It does not
include the use of surgery, obstetrics, osteopathy, nor the administration
nor prescribing of any drugs, medicines, serums or vaccines.

(7) “Practice of naturopathy” means the treatment of human ail-
ments, diseases or infirmities by means of heat, light, diet, massage,
baths and other natural agents, but does not include the use of surgery,
the X-ray, X-ray therapy, electrotherapeutics, obstetrics, osteopathy, or
the prescribing of any drug or medicine.

(8) “Practice of chiropody (podiatry)” means the medical, mechan-
ical and surgical treatment of the ailments of the human foot, but does
not include amputation of the foot or toes, nor the use of other than local
anesthetics.

(9) “Practice of physical therapy” means the treatment under
medical prescription and direction of bodily or mental disorders of any
person by use of physical, chemical and other properties of heat, cold,
light, water, electricity or sound, and by means of mechanical, electronic
and other devices, massage, exercise and other physical procedures,
whether such devices and procedures are for therapeutic or for retraining
or rehabilitation purposes. The term “physical therapy” as used in this
chapter does not include the use of Roentgen rays and radium for diag-
nostic or therapeutic purposes or the use of electricity for shock therapy
and surgical purposes, including cauterization. Nothing in this definition
shall be construed to limit or restrict the practice of any person licensed
by the Board as other than a physical therapist, nor shall anything in this
definition limit or restrict the giving or use of massages, steam baths,
dry heat rooms, infra red heat or ultra violet lamps in health clubs and
spas, public or private.

(10) “Practice of clinical psychology” means the offering by an indt-
vidual of his services to the public as a clinical psychologist.

“Clinical psychologist” means a psychologist who is competent to
apply the principles and techniques of psychological evaluation and psy-
chotherapy to individual clients for the purpose of ameliorating or at-
tenuating problems of behavioral and/or emotional maladjustment.

§ 54-274. Except as otherwise provided in 88 54-276 to 54-276.7,
it shall be unlawful for any person to practice medicine, homeopathy,
osteopathy, chiropractic, naturopathy, chiropody, * physical therapy or
clinical psychology, or any other school or branch of the healing arts in
the State without a valid unrevoked certificate or license authorizing such
practice issued by the Board of Medical Examiners pursuant to the pro-
visions of this chapter and duly recorded as hereinafter provided; and it

shall be unlawful for any person who holds a valid unrevoked certificate

or license permitting him to practice in Virginia to practice the school

or branch of the healing arts for which he holds such certificate or license

is an the scope of the definition of such practice contained in
54-273.

The provisions in this section shall not be construed to prevent or
prohibit any person entitled to practice his profession under any prior law
on June twenty-fourth, nineteen hundred forty-four, from continuing
such practice within the scope of the definition of his particular school
of practice contained herein, but in all other respects the provisions of
this chapter shall be applicable; nor shall the provisions of this section be
construed to prevent or prohibit any person, residing on the border of a
neighboring state or the District of Columbia and entitled to practice
his profession under the laws of that state, from practicing within Vir-
ginia, provided that in Virginia he does not open an office or appoint
places to meet his patients or receive calls, and provided that the other
state or district extends a similar privilege to the citizens of Virginia; and
provided that each practitioner claiming exemption under the provisions
of this section shall file with the Board of Medical Examiners in such
manner as it prescribes evidence of his right to such exemption. Upon
proof of such right to the satisfaction of the Board and payment of
three dollars license fee to the Board it shall enter the name of the
applicant in a register kept for that purpose and shall issue to the ap-
plicant a certificate in evidence of such registration, and the registra-
tion and certification shall be renewed annually on payment of the license
fee, under conditions prescribed by the Board.

8 54-275. Any person shall be regarded as practicing the healing
arts and some school or branch thereof within the meaning of this
chapter who opens an office for such purpose, or advertises or announces
to the public in any way a readiness to practice in any county or city
of the State, or diagnoses the condition of, prescribes for, gives surgical
assistance to, treats, heals, cures or relieves persons suffering from injury
or deformity or disease of mind or body, or advertises or announces to
the public in any manner a readiness or ability to heal, cure or relieve
those who may be suffering from any human ailment or infirmity, or
who uses in connection with his name the words or letters ‘Doctor’,
“Dr.”, “M.D.’, “D.O.”, “D.C.”, “D.N.”, “Healer”, ‘Physical Therapist’,
“R.P.T.”, “P.T.”, Clinical Psychologist, or any other title, word, letter or
designation intending to designate or imply that he is a practitioner of
the healing arts or of any school or branch thereof or that he is able to
heal, cure or relieve those who may be suffering from any injury, de-
formity or disease of mind or body.

The provisions of this section applicable to persons shall also, to the
extent applicable, apply to groups of persons and corporations.

Except where persons other than physicians are required to sign
birth certificates, signing a birth or death certificate, or signing any
statement certifying that the person so signing has rendered profession-
al service to the sick or injured, or signing or issuing a prescription for
drugs or other remedial agents, shall be prima facie evidence that the
person signing or issuing such writing is practicing the healing arts and
some school or branch thereof within the meaning of this chapter.

§ 54-276.6. Nothing in this chapter shall be construed to affect or
interfere with the performance of the duties of any commissioned or
contract medical officer, * physical therapist, or clinical psychologist in
active service in the Army, Navy, Coast Guard, Marine Corps, Air Force,
Public Health Service or Marine Hospital Service of the United States
while so commissioned and serving.
§ 54-281.8. It shall be unlawful for any person not licensed as such
under this chapter to designate himself as a clinical psychologist, or use
the words “clinical psychologist” in connection with his name or other-
wise hold himself out as qualified to practice clinical psychology

§ 54-282. The Board of Medical Examiners for the State of Virginia
is continued, and shall consist of one medical physician from each con-
gressional district, and one homeopath, one osteopath, one chiropodist, * one
chiropractor, one clinical psychologist and one naturopath from the State
at large. The first chiropodist member shall be appointed for a term to
expire five years from June thirty, nineteen hundred fifty. The first
clinical psychologist member shall be appointed for a term to expire five
years from June thirty, nineteen hundred sixty-six.

§ 54-284. The Governor may select the medical physicians from a
list of at least three names for each vacancy to be recommended by the
Medical Society of Virginia, the clinical psychologist from a list of three
names recommended by the Virginia Psychological Association, and the
homeopath, osteopath, chiropodist, chiropractor and naturopath members,
respectively, from a list of at least three names for each such vacancy
to be nominated to him or to the Governor-elect by June one of each
year by their respective State societies. In no case shall the Governor
be bound to make any appointment from among the nominees of the re-
spective societies. The Governor shall promptly notify the society, which
may make nominations, of any vacancy other than by expiration among
the members of the Board representing the particular profession and like
nominations may be made for the filling of the vacancy.

Recommendations shall be by vote of the majority present at the
meeting of the respective societies, and shall be certified to the Governor
by the president and secretary of the society making the recommendation.

§ 54-287. If any medical physician member of the Board ceases to
reside in the district from which he was appointed, his office shall be
deemed vacant.

§ 54-296. (a) Proof of identity —The Board, or any member thereof,
may at any time inquire into the identity of any person claiming to be
a licensed or registered practitioner, and may serve upon him a notice
in writing requiring him to make reasonable proof, satisfactory to the
Board, that he is the identical person licensed to practice medicine,
homeopathy, osteopathy, chiropractic, naturopathy, chiropody, * physical
therapy, or clinical psychology, under the certificate or license by virtue
of which he claims the right to practice.

(b) Proof of right to practice.—The Board, or any member thereof,
may investigate any person practicing or attempting or offering to
practice medicine, homeopathy, osteopathy, chir opractic, naturopathy,
chiropody, * physical therapy or clinical psychology, in this State and
may require such person to produce his certificate, or other satisfactory
evidence sufficient to establish his right to practice under this chapter.

(c) Prosecution for violation—In case any such person fails or re-
fuses to establish his identity or fails or refuses to prove his right to
practice, the investigator shall report the facts to the Commonwealth’s
attorney of the county or city wherein such person is practicing or at-
tempting or offering to practice, and it shall be the duty of the Common-
wealth’s attorney to immediately prosecute such person for violating the
provisions of this chapter, and upon the trial the burden of proof shall
be upon such person to establish his right to practice.

(d) Jurisdiction.—The circuit court of the county wherein the offense
is committed shall have original jurisdiction concurrent with the county
court, and the corporation court of the city wherein the offense is com-
mitted shall have original jurisdiction concurrent with the municipal court
of the city, in the trial of such person for such offense.
§ 54-297. The examination of candidates for certificates to practice
any branch or school of the healing arts, except chiropody, * physical
therapy and clinical psychology, shall be in two parts or sections and
these shall be known as Part I and Part IT.

8 54-298. Part I of the examination shall be given by the Board
and shall be taken and passed by all applicants, except those desiring
to be examined on chiropody, * physical therapy, and except those who
have been examined by the Virginia Board of Psychologists Examiners,
irrespective of the particular school or branch of the healing arts to which
they adhere, and the examination given at any particular time shall be
the same for all candidates, the same subjects being included and the
same questions being asked. Part I of the examination shall embrace
the subjects of anatomy, pathology, physiology, bacteriology and _ bio-
chemistry. No candidate shall be held to have passed Part I of the
examination unless he has made an average grade of seventy-five per
cent or more on the several subjects embraced therein, with no grade
lower than seventy per cent on any one subject.

Examinations shall be written or partly written and partly oral and
examination papers shall be preserved for a period of three years, after
which they may be destroyed.

8 54-809.1. (a) Upon receipt of an application for the issuance of a
license to practice clinical psychology, together with a recommendation
from the Virginia Board of Psychologists Examiners that such license be
issued, the Board shall, in the absence of good cause to the contrary,
issue a license to the applicant. Any refusal to issue such license shall be
accompanied by a statement in writing of the reason therefor.

(b) Any person who, prior to July one, nineteen hundred sixty-six
has been duly issued a certificate as a certified clinical psychologist under
the provisions of Chapter 6 of this Title, may practice clinical psychology
thereunder until July one, nineteen hundred sixty-seven and shall there-
after, upon application, accompanied by a fee of ten dollars, be issued a
license as a clinical psychologist by the Board under this chapter.

§ 54-313. Every certificate or license to practice medicine, homeo-
pathy, osteopathy, chiropractic, naturopathy, chiropody, * physical therapy,
or clinical psychology granted under the provisions of this chapter shall,
before the holder thereof begins to practice thereunder, be presented by
him to the clerk of the circuit court of the county or the corporation court
of the city wherein such practice is to be carried on. The clerk of each
such court shall keep a book for the purpose, entitled the ‘Medical
Register”, and shall set apart one full page therein for the registration
of each certificate holder or licensee, and he shall record therein the
name, residence, place and date of birth, and source, number and date
of the certificate or license to practice, and the school of practice to which
the certificate holder or licensee professes to belong.

Each certificate holder or licensee shall subscribe and verify under
oath the matters above mentioned when the same have been so recorded,
and if the verification is willfully false, he shall be subject to con-
viction and punishment for false swearing as provided by law. The fact
of such oath and record shall be endorsed by the clerk upon each certificate
or license presented, and the clerk shall receive the sum of one dollar
for each certificate holder or licensee so registered, which shall be his full
compensation for all duties required under this chapter.

The holder of any such certificate or license shall have the same
recorded upon each change of residence to another county or city, and
the absence of such record shall be prima facie evidence of the want of
possession of such certificate or license.

When any certificate holder or licensee shall die or remove from the
county or city, or have his certificate or license revoked, it shall be the
CH. 657] ACTS OF ASSEMBLY 1021

duty of the clerk to make a note of the facts at the bottom of the page
of such register as closing his record. On the first day of January in
each year each such clerk shall, on the request of the Board, certify to
the secretary thereof a correct list of the certificate holders and licensees
then registered in his county or city, together with such other information
as the Board may require.

§ 54-315.1. Every certificate to practice medicine, homeopathy,
osteopathy, chiropractic, naturopathy, chiropody, * physical therapy, or
clinical psychology granted under the provisions of this chapter shall
expire on the thirtieth day of June of each year, but shall be renewed
annually by the State Board of Medical Examiners upon application of
the holder thereof as herein provided. On or before June first of each
year the secretary of the Board shall mail to each certificate holder at his
last known address an application for renewal of certificate in such form
as the Board may determine, which application shall have had thereon
instructions as to how it shall be prepared, signed and returned. The
person holding the certificate shall furnish the information indicated on
the application and sign and return the application to the Board with
a renewal fee of three dollars on or before June thirtieth of each year;
provided that the fee for a renewal of a license to practice clinical
psychology shall be ten dollars, of which seven dollars shall be paid by
the Board into the State Treasury to the credit of the Department of
Professtonal and Occupational Registration, to be used for the adminis-
trative expenses of the Virginia Board of Psychologist Examiners. Upon
receipt of the application and the required fee the secretary of the Board
shall issue to the applicant a certificate of renewal for the period be-
ginning July first of the current year and ending June thirtieth of the fol-
lowing year. No renewal certificate shall be required for any part of the
renewal period in which the original certificate is granted. Failure of the
certificate holder to receive the application form from the secretary shall
not excuse him from the requirements for renewal herein contained. Such
certificate of renewal shall be conspicuously displayed in the office of the
holder thereof and shall authorize such holder to practice the school or
branch of the healing arts designated thereon for the period indicated on
the certificate.

_ § 54-317. Any practitioner of medicine, homeopathy, osteopathy,
chiropractic, naturopathy, chiropody, podiatry, * physical therapy or clini-
cal psychology shall be considered guilty of unprofessional conduct if he:

(1) Undertakes or engages in any manner or by any means what-
soever to procure or perform or to aid or abet in procuring or performing a
criminal abortion ; or

(2) Engages in the practice of * any of the healing arts under a false
or assumed name, or impersonates another practitioner of a like, similar
or different name; or

(8) Prescribes or dispenses any morphine, cocaine, or other narcotic
with intent or knowledge that it shall or will be used otherwise than
medicinally, or for accepted therapeutic purposes, or with intent to evade
any law with respect to the sale, use or disposition of such drug; or

(4) Issues or publishes in any way whatsoever advertising or other
matter in which grossly improbable or extravagant statements are made, or
which have a tendency to deceive or defraud the public or to impose upon
credulous ignorant persons; or ;

(5) Causes the publication or circulation or broadcasting of any
advertisement or statement in which he claims that he can cure or treat dis-
eases, ailments or infirmities by any secret method, procedure, treatment or
medicine, or in which he claims that a manifestly incurable disease or
infirmity can be permanently cured ; or ;

(6) Advertises or professes or holds himself out as being able and
willing to treat human ailments under a system or school of practice other
than that for which he holds a certificate or license granted by the Board;

(7) Violates any of the provisions of § 54-278 or practices any branch
of the healing arts in violation of the provisions of this chapter; or

(8) Being a practitioner of physical therapy, undertakes to practice
physical therapy, independently of the prescription or direction of a duly
licensed doctor of medicine, homeopathy or osteopathy; or

(9) Knowingly and willfully commits any act which is a felony under
the laws of this State or of the United States, or any act which ts a mis-
demeanor under such laws and involves moral turpitude; or

(10) Aids or abets, has professional connection with, or lends his
mame to any person known to him to be practicing illegally any of the
healing arts; or

(11) Conducts his practice in a manner contrary to the standards of
ethics of his branch of the healing arts or in such a manner as to make
his practice a danger to the health and welfare of his patient or to the

1c.

§ 54-317.1. The Board may refuse to admit a candidate to any
examination, may refuse to issue a license, and may refuse to issue a
certificate to any applicant who applies for the same through reciprocity
or otherwise, and shall suspend, in the manner provided in § 54-321.2,
any certificate or license held by any person if it find that such candidate,
applicant or licensee:

(1) Has been convicted in the courts of this or any other state,
territory or country of a felony or of a crime involving moral turpitude.
The conviction of any offense in another state, territory or country, which
if committed in this State would be deemed a felony, shall be held to be
a felony under this section without regard to its designation in such
other state, territory or country ;

(2) Has been adjudged insane or incompetent by a court of com-
petent jurisdiction, either within or without this State, and such adjudica-
tion is in effect and such person has not been declared restored to sanity
or competence.

§ 54-318. In case an applicant is refused admittance to an examina-
tion, or is refused a certificate or license by the Board, for any of the
reasons set out in §§ 54-316, * 54-317 or 54-317.1, such applicant may
apply to the circuit court of the county or the corporation court of the
city in which he resides for a writ requiring the Board to show cause why
the admittance or certificate or license was refused. In such case service
of process may be had upon the member of the Board residing in the
congressional district in which the court is located, or, if for any reason
such service cannot be obtained, then upon any other member of the
Board wherever found. The burden of proof shall be upon the petitioner
to establish his right to be examined or to be granted a certificate or
license. It shall be the duty of the Commonwealth’s attorney of the county
or corporation to represent the Board in the proceeding. From any judg-
ment of the court upon the issue tried there may be an appeal to the
Supreme Court of Appeals as in other cases.

§ 54-319. In order for the Board to suspend or revoke the certificate or
license of a practitioner of medicine, homeopathy, osteopathy, chiropractic,
naturopathy, chiropody, * physical therapy, or clinical psychology, or to
censure, reprimand or place on probation any such practitioner for any
of the reasons set out in §§ 54-316 or 54-317, the member of the Board,
if any, residing in the congressional district in which the practi-
tioner resides, or if there be no such member residing therein then any
other member of the Board, or any officer of the Board acting at the
direction of the Board, or if the charges involve a physical therapist,
any member of the Committee shall present to the Board in writing
charges against the character or conduct of the practitioner. If upon con-
sidering such charges the Board is of opinion that a prima facie case has
been made out, it shall appoint a time and place for a hearing thereon.
No such hearing shall be held until the practitioner shall have been
given at least ten days’ written notice of the time and place thereof, which
notice, together with a copy of the charges, shall be served on him in
accordance with the provisions of § 8-51.

The practitioner shall have the right of attendance upon the hearing
and to be represented by counsel, and to summon witnesses to testify in
his behalf at such hearing. The cost of employing such counsel and the
expense of obtaining attendance of the witnesses shall be borne by the
practitioner. The failure of the practitioner to attend, or his failure to
defend himself, shall not serve to delay or make void the proceedings.
The Board shall have the power to employ counsel and a stenographer
and to summon witnesses, and the cost thereof shall be paid out of the
State treasury. Not less than nine members of the Board, at least one of
whom shall be of the same school as the practitioner on trial, shall sit as
the hearing body, and the affirmative vote of not less than three-fourths
of the members in attendance shall be necessary to revoke or suspend a
certificate or license, or to censure, reprimand or place on probation
any such practitioner; provided that if the charges involve a physical ther-
apist a member of the Committee shall sit with the nine members of the
Board in an advisory capacity and without vote. The proceedings at the
hearing shall be recorded formally, and be certified by the president and
secretary of the Board.

§ 54-322. Any person practicing the healing arts or any school or
branch thereof, or practicing medicine, homeopathy, osteopathy, chiro-
practic, naturopathy, chiropody, * physical therapy, or clinical psychology
in this State, in violation of the provisions of this chapter, shall, upon
conviction thereof, be fined not less than fifty dollars nor more than five
hundred dollars for éach offense, and in addition may be imprisoned for
not exceeding six months; and for a second offense the punishment shall
be a fine of not less than one hundred dollars nor more than five hundred
dollars and imprisonment for not exceeding twelve months. Each day of
such violation shall constitute a separate offense, and in no case shall the
person convicted be entitled to recover anything for the services rendered.

§ 54-323. The courts of record of this Commonwealth having general
equity jurisdiction are hereby vested with jurisdiction and power to enjoin
the unlawful practice of medicine, homeopathy, osteopathy, chiropractic,
naturopathy, chiropody, * physical therapy, or clinical psychology in a
proceeding brought by the Board of Medical Examiners or any member
thereof, or by any citizen of this State, in the county or city in which
the alleged unlawful practice occurred or in which the defendant resides.

§ 54-324. No injunction shall issue until after final hearing on the
merits of the case. If upon final hearing it is shown that the defendant
has been unlawfully practicing medicine, homeopathy, osteopathy, chiro-
practic, naturopathy, chiropody, * physical therapy or clinical psychology
the court shall perpetually enjoin such unlawful practice. The practice
and procedure in such cases shall be the same, as near as may be, as that
in any other injunction suit. The remedy by injunction herein given is in
addition to the criminal prosecution and punishment provided in § 54-322.

§ 54-864. It shall be the duty of the Director to perform the admin-
istrative duties of the following boards and agencies of the Common-
wealth: (1) The State Board of Accountancy; (2) The State Board for the
Examination and Certification of Architects, Professional Engineers and
Land Surveyors; (3) The * Virginia Board of Psychologists Examiners;
(4) The State Board for the Certification of Librarians; (5) The Board
of Examiners of Mines, created by Chapter 150 of the Acts of the General
Assembly of nineteen hundred forty; (6) The Board of Commission-
ers to Examine Pilots; (7) The Virginia Real Estate Commission; (8) The
Board of Veterinary Examiners.

Each of the seventeen boards designated in this section and § 54-865
is hereby transferred to the Department of Professional and Occupational
Registration, and each shall be a separate board within said Department.
All of the administrative functions of the eight boards designated in this
section shall be under the direction and supervision of the Director, and
it shall be the duty of the members of each of the several boards des-
ignated in this section to co-operate with the Director to the end that his
powers of direction and supervision of the administrative functions of
each board shall not be impaired.

In the performance and discharge of his duties hereunder with respect
to the eight boards designated in this section only, the Director shall
(1) be the secretary of each board; (2) maintain all records for each
board; (3) collect and account for all fees prescribed by law to be paid
into each board and account for and deposit the moneys so collected in the
manner prescribed by the several acts creating said boards; (4) make
and file annually with the Governor a consolidated report with respect to
each board; (5) employ such personnel and assistance as may be required
for the operation of said boards; (6) enforce all regulations promulgated
by said boards; and (7) exercise such other powers as may be necessary
a sanction as the sole administrative officer and director of each of said

ards.
2. Chapter 6 of Title 54 of the Code of Virginia containing §§ 54-108
through 64-112, is repealed.
8. This act shall be in force on and after July 1, 1966.