TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PSYCHOLOGY

Proposed Regulation

Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology (amending 18VAC125-20-42).

Statutory Authority: §§ 54.1-2400, 54.1-3605, and 54.1-3606.3 of the Code of Virginia.

Public Hearing Information:

November 2, 2026 - 10:01 a.m. - Department of Health Professions, 9960 Mayland Drive, 2nd Floor Conference Center, Board Room 3, Henrico, Virginia 23233

Public Comment Deadline: December 4, 2026.

Agency Contact: Maria S. Stransky, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4697, or email maria.stransky@dhp.virginia.gov.

Basis: Regulations of the Board of Psychology are promulgated under the general authority of § 54.1-2400 of the Code of Virginia, which states that the general powers and duties of health regulatory boards is to promulgate regulations that are reasonable and necessary to administer effectively the regulatory system.

Purpose: This regulatory change is essential to protect the health, safety, and welfare of citizens because more behavioral health practitioners are needed in Virginia to address current behavioral health needs.

Substance: The amendments (i) allow the board to accept evidence of a retired or expired license from another jurisdiction as part of an application for licensure by endorsement, (ii) remove the requirement that applicants attest to having read the laws and regulations of Virginia pertaining to psychology, and (iii) state that verification of an active license in good standing held in another jurisdiction must be provided to obtain licensure by endorsement.

Issues: The primary advantages to the public are eligibility of more psychologists to obtain licensure by endorsement in Virginia, potentially increasing the availability of such psychologists for treatment of the public. There are no disadvantages to the public. There are no primary advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. For licensure by endorsement, the Board of Psychology (board) proposes to (i) allow the board to consider granting licensure to applicants who have a retired or expired license from another jurisdiction of the United States or Canada that was in good standing prior to retirement or expiration, (ii) remove a requirement that applicants attest to having read and agreed to comply with the current Standards of Practice and laws governing the practice of psychology in Virginia, and (iii) add clarifying language.

Background. This action results from a 2023 petition for rulemaking to allow documentation of a retired license to practice psychology from another jurisdiction to be acceptable for an application for licensure by endorsement.² According to the Department of Health Professions (DHP), in considering whether to grant licensure by endorsement to applicants who have a retired or expired license from another jurisdiction that was in good standing prior to retirement or expiration, the board would primarily consider the amount of time that has elapsed since practice. Although the license that was retired must have been in good standing, according to the agency the board could also consider former disciplinary actions taken on other registrations or certifications held by the applicant when they make this determination. The board also proposes to eliminate the attestation requirement, noting that the requirement is unnecessary because it does not protect public health, safety, or welfare.

Estimated Benefits and Costs. Enabling some psychologists formerly licensed in other jurisdictions to become licensed by endorsement in the Commonwealth would be beneficial for those formerly licensed psychologists and could be beneficial for Virginia consumers of psychological services. The proposed reduced barrier may increase the number of qualified psychologists available to provide these services. This may reduce the difficulty some Virginians have finding available psychological services. According to an August 2025 report from the Virginia Healthcare Workforce Data Center,³ less than one percent of clinical psychologists in the Commonwealth are involuntarily unemployed, which suggests that openings for psychologist services for new clients may be limited in some areas and waiting times for psychologist appointments for current clients may be long. Increasing the number of qualified psychologists available to provide services in Virginia could also benefit employers of psychologists in that they may be able to find more productive or less costly people to hire. Some current Virginia psychologists may face greater competition and have somewhat less leverage to negotiate pay increases; if they have their own practice, they may have less ability to raise rates for service due to the increased competition. Licensed psychologists are required to abide by the statutes and regulations governing the practice of psychology in Virginia whether or not they sign a statement attesting to having read and understood such statutes and regulations. Eliminating the attestation requirement saves a small amount of time and paperwork and would have no other substantive impact.

Businesses and Other Entities Affected. The proposed amendments would particularly affect applicants for licensure by endorsement. In 2025, via licensure by endorsement, no individuals became licensed as applied psychologists, 243 individuals became licensed as clinical psychologists, and four individuals became licensed as school psychologists.⁴ The proposed reduction in barriers to become licensed by endorsement may lead to more individuals gaining licensure than otherwise would occur. Consumers of psychological services, employers of psychologists, and the 26 applied psychologists, 5,180 clinical psychologists, and 111 school psychologists currently licensed in the Commonwealth may be affected as well.⁵ According to survey data from the Virginia Healthcare Workforce Data Center report titled Virginia Licensed Clinical Psychologist Workforce: 2025, the primary types of employers of licensed clinical psychologist by establishment type in the Commonwealth are distributed as follows:

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁶ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁷ The proposed amendments neither increase net costs nor reduce net benefits for any entity. Thus, no adverse impact is indicated.

Small Businesses⁸ Affected.⁹ Types and Estimated Number of Small Businesses Affected: The board regulates individual practitioners, but not their employers. Thus, data on the number of small businesses affected is not available. The types of businesses that are potentially affected and may qualify as small are described in the table. Costs and Other Effects: Some small providers of psychological services may have less ability to raise rates for service due to potentially increased competition. Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities¹⁰ Affected.¹¹ Additional psychologists licensed in a neighboring state or the District of Columbia may choose to become licensed by endorsement in the Commonwealth in response to the proposed reduction in barriers and the resulting potential for more clients. It may be more likely in practice that residents of localities near the border of neighboring states or the District of Columbia would receive recommendations for psychologists licensed in the nearby jurisdiction than would residents further from the border. Thus, localities near a neighboring state or the District of Columbia may be particularly affected. Local governments may have moderately reduced costs in providing psychological services for their community services boards due to the potential increase in licensed psychologists.

Projected Impact on Employment. The proposed reduced barriers for licensure by endorsement may increase the number of individuals employed as licensed psychologists in the Commonwealth. The number of psychologists licensed in another jurisdiction who would be encouraged to apply for licensure by endorsement in Virginia due to the proposed reduction in barriers is not known.

Effects on the Use and Value of Private Property. Some private providers of psychological services may have reduced costs through the potential increase in supply of psychologists from which to hire, while other private providers may have reduced ability to raise rates for services due to increased competition. Some may face both effects simultaneously. Thus, some private providers of psychological services may moderately increase in value, while others may moderately decrease in value. The proposed amendments do not affect real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://townhall.virginia.gov/L/ViewPetition.cfm?petitionId=390.

³ See https://www.dhp.virginia.gov/media/dhpweb/docs/hwdc/behsci/0810CP2025.pdf.

⁴ Data source: DHP.

⁵ Ibid.

⁶ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁷ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁸ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁹ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁰ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹¹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Psychology concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

In response to a petition for rulemaking, the amendments (i) allow the Board of Psychology to accept evidence of a retired or expired license from another jurisdiction as part of an application for licensure by endorsement, (ii) remove the requirement that applicants attest to having read the laws and regulations of Virginia pertaining to psychology, and (iii) state that verification of an active license in good standing held in another jurisdiction must be provided to obtain licensure by endorsement.

18VAC125-20-42. Prerequisites for licensure by endorsement.

Every applicant for licensure by endorsement for applied psychology, clinical psychology, or school psychology shall submit:

1. A completed application;

2. The application processing fee prescribed by the board;

3. An attestation of having read and agreed to comply with the current Standards of Practice and laws governing the practice of psychology in Virginia; Verification of an active psychologist license in good standing in a jurisdiction of the United States or Canada. In the event the applicant retired from practice, evidence of a retired or expired license from another jurisdiction that was in good standing prior to retirement or expiration may be submitted to the board for consideration;

4. Verification Documentation of all other health and mental health professional licenses, certificates, or registrations ever held in Virginia or any jurisdiction of the United States or Canada. In order to qualify for endorsement, the applicant shall not have surrendered a license, certificate, or registration while under investigation and shall have no unresolved action against a license, certificate, or registration;

5. A current report from the National Practitioner Data Bank; and

6. Further documentation of one of the following:

a. A current credential issued by the National Register of Health Service Psychologists;

b. Current diplomate status in good standing with the American Board of Professional Psychology in a category comparable to the one in which licensure is sought;

c. A Certificate of Professional Qualification in Psychology (CPQ) issued by the Association of State and Provincial Psychology Boards;

d. Five years of active licensure in a category comparable to the one in which licensure is sought with at least 24 months of active practice within the last 60 months immediately preceding licensure application; or

e. If less than five years of active licensure or less than 24 months of active practice within the last 60 months, documentation of current psychologist licensure in good standing obtained by standards substantially equivalent to the education, experience, and examination requirements set forth in this chapter for the category in which licensure is sought as verified by a certified copy of the original application submitted directly from the out-of-state licensing agency or a copy of the regulations in effect at the time of initial licensure and the following: (i) verification of a passing score on all parts of the Examination for Professional Practice of Psychology that were required at the time of original licensure and (ii) official transcripts documenting the graduate work completed and the degree awarded in the category in which licensure is sought.