SD6 - The Need for Regulating Private Vocational Rehabilitation Providers

  • Published: 1991
  • Author: Board of Commerce
  • Enabling Authority: Senate Joint Resolution 55 (Regular Session, 1990)

Executive Summary:
A. Study Overview

The Joint Legislative Audit and Review Commission's "Review of the Virginia Department of Workers' Compensation" recommended that the General Assembly initiate further study of private vocational rehabilitation providers in Virginia. Passage of Senate Joint Resolution 55 accomplished that recommendation by requesting the Board of Commerce to study the need for regulating private vocational rehabilitation providers and the type of regulation needed.

The Board of Commerce reviewed, through the means of extensive research, three public hearings, written comments, and surveys, the nature of this occupation and its unregulated effect on public health, safety, and welfare.

The Board of Commerce based its recommendations on an extensive analysis of this information.

B. Key Findings

1. Any person in Virginia can offer services and purport to be a private vocational rehabilitation provider regardless of the nature and extent of academic preparation and employment experience.

2. The definition of vocational rehabilitation is unclear, and the Virginia Workers' Compensation statute does not specifically state the intent or prioritize the expected outcomes of vocational rehabilitation.

3. Although the majority of vocational rehabilitation providers who work with Workers' Compensation claimants appear to provide quality service, there are isolated cases in which claimants were placed in unsuitable employment, or attempts were made to do so, in an effort to terminate the claimants' compensation benefits.

4. Numerous professional associations and national accrediting organizations exist whose certification designations are granted after certain education, training and examination requirements have been met.

5. The majority of the Industrial Commissioners and Deputy Industrial Commissioners who responded to the Board of Commerce survey felt that the public was being harmed by unregulated vocational rehabilitation providers.

C. Conclusions

1. The Board of Commerce agrees with the JLARC recommendation to the General Assembly that the Department of Workers' Compensation (DWC) refine its definition of vocational rehabilitation and clarify the purpose and expected outcome of the vocational rehabilitation services addressed by the statute.

2. The Board of Commerce concludes that members of the public seek, or are referred to, the services of private vocational rehabilitation counselors when they may be in a vulnerable situation. Under these circumstances, the unregulated practice of the occupation can potentially harm or endanger the health, safety and welfare of the public, and clients may need assurance that practitioners have met reasonable and appropriate professional standards.

3. While some practitioners of vocational rehabilitation counseling services may be licensed professional counselors, registered nurses, members of other regulated health care professions, or individuals who have met voluntary credentialing standards, the Board concludes that the majority of providers are not licensed or certified by the Commonwealth, and many may not be credentialed by any recognized certifying agency.

D. Recommendation

The Board of Commerce recommends that the General Assembly amend and clarify the language of the Workers' Compensation Act regarding the purpose of vocational rehabilitation. The Board recommends that the General Assembly consider legislation establishing a registration program, at either the Department of Commerce or at the Department of Health Professions, for a period of two years, for all individuals practicing vocational rehabilitation in Virginia. The legislation should include the authority to receive and evaluate complaints against practitioners. Required registration data should include, but not be limited to, education background and professional employment experience. After the two year registration period, the occupation should be re-evaluated to determine if regulation is warranted, and if so, to what degree.