TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Fast-Track Regulation

Title of Regulation: 18VAC115-80. Regulations Governing the Registration of Qualified Mental Health Professionals (amending 18VAC115-80-110).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: November 18, 2026.

Effective Date: December 3, 2026.

Agency Contact: Maria S. Stransky, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4610, or email maria.stransky@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Counseling to promulgate regulations that are reasonable and necessary to effectively administer the regulatory system.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because the General Assembly has determined that the board should regulate qualified mental health professionals (QMHPs) and ensure quality of care.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and is therefore appropriate for the fast-track rulemaking process because it creates a new pathway to regain a registration as a QMHP-trainee, which could be considered a reduction in burden.

Substance: The amendments (i) add a renewal pathway for a QMHP-trainee whose registration has expired within one year and (ii) outline requirements for reinstatement for QMHP-trainees.

Issues: The primary advantages to the public are more QMHP-trainees in the workforce. There are no disadvantages to the public. There are no 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. The Board of Counseling (board) proposes to enable qualified mental health professional² (QMHP)-trainees whose registration has expired to: (i) renew their registration if it has been expired for one year or less, and (ii) reinstate their registration if it has been expired for more than a year.

Background. Prior to an exempt action (Action 6549)³ that became effective May 7, 2025, registration as a QMHP-trainee expired five years from the date of issuance and could not be renewed. Action 6549 amended the regulatory text to have QMHP-trainee registration last one year but be renewable. However, action 6549 did not address late renewal or reinstatement for QMHP-trainee registration. According to the Department of Health Professions (DHP), former QMHP-trainees have contacted the board to ask about returning to become a QMHP-trainee, prompting recognition that the regulation did not provide a pathway for reinstatement. Consequently, the board proposes to establish that a person whose registration as a QMHP-trainee has been expired for more than a year can reinstate it by (i) paying the $75 reinstatement fee and (ii) submitting evidence of enrollment in or completion of a bachelor's degree program from an institution of higher education listed as accredited on the U.S. Department of Education College Accreditation database found on the U.S. Department of Education website or accredited by another accrediting agency recognized by the Board. The education requirement is consistent with the requirement to gain initial QMHP-trainee registration. Additionally, the proposed regulation states that "A person whose registration as a QMHP-trainee has expired may renew it within one year by paying the late renewal fee [$20] and renewal fee [$10]."

Estimated Benefits and Costs. There is a relative shortage of QMHPs available to serve the public. The DHP Healthcare Workforce Data Center's publication Virginia's Qualified Mental Health Professional Workforce: 2025⁴ reports that less than one percent of QMHPs are involuntary unemployed. The U.S. Bureau of Labor Statistics also projects strong growth in the demand for mental health-related occupations.⁵ Enabling QMHP-trainees who are up to one year late in paying their registration renewal to renew by just paying a late fee (in addition to the registration fee) is beneficial for the trainee and employers of trainees. Similarly, allowing former QMHP-trainees to reinstate their registration by paying the $75 reinstatement fee and showing evidence that the education requirement is satisfied would benefit individuals who wish to return to working toward being a QMHP and those who wish to employ them. Moreover, the proposed introduction of late renewal and reinstatement of QMHP-trainee registration may moderately increase the future supply of QMHPs and help alleviate the shortage noted above.

Businesses and Other Entities Affected. § 54.1-3500 of the Code of Virginia states in part that a QMHP-trainee "shall provide such services as an employee or independent contractor of the Department of Behavioral Health and Developmental Services, the Department of Corrections, or the Department of Education or a provider licensed by the Department of Behavioral Health and Developmental Services." Thus, these state agencies would be potentially affected by the proposed amendments. As of December 31, 2025, there were 8,288 QMHP-trainees.⁶ The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁷ 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.⁸ The proposed amendments neither increase net cost nor reduce net benefit for any entity. Thus, no adverse impact is indicated.

Small Businesses⁹ Affected.¹⁰ The proposed amendments do not adversely affect small businesses.

Localities¹¹ Affected.¹² The proposed amendments neither disproportionately affect particular localities nor introduce costs for local governments.

Projected Impact on Employment. The proposed amendments may enable employers of QMHPs to fill some currently unfilled QMHP positions. Otherwise, the proposal is unlikely to substantively affect employment.

Effects on the Use and Value of Private Property. The proposed amendments may help enable some individuals to become employed as QMHP-trainees and eventually QMHPs, which could increase their net worth. 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 Section 54.1-3500 of the Code of Virginia defines "qualified mental health professional" as "a person who has (i) completed, at a minimum, a bachelor's degree; (ii) registered with the Board to practice in accordance with the provisions of § 54.1-3520 and the regulations of the Board; and (iii) a combination of work, training, or experience in providing collaborative behavioral health services for youth or adults. A "qualified mental health professional" shall provide such services as an employee or independent contractor of the Department of Behavioral Health and Developmental Services, the Department of Corrections, or the Department of Education or a provider licensed by the Department of Behavioral Health and Developmental Services."

³ See https://www.townhall.virginia.gov/L/ViewAction.cfm?actionid=6549.

⁴ See page 10: https://www.dhp.virginia.gov/media/dhpweb/docs/hwdc/behsci/0732QMHP2025.pdf.

⁵ See https://www.bls.gov/opub/ted/2024/strong-growth-projected-in-mental-health-related-employment.htm.

⁶ See https://www.dhp.virginia.gov/about/stats/2026Q2/04CurrentLicenseCountQ2FY2026.pdf.

⁷ 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.

⁸ 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.

⁹ 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."

¹⁰ 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.

¹¹ "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.

¹² Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

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

Summary:

The amendments introduce a reinstatement pathway for qualified mental health professional-trainees.

18VAC115-80-110. Late renewal and reinstatement.

A. A person whose registration as a QMHP has expired may renew it within one year after its expiration date by paying the late renewal fee and the registration renewal fee as prescribed in 18VAC115-80-20 for the year in which the registration was not renewed and by providing documentation of completion of continuing education as prescribed in 18VAC115-80-80.

B. A person whose registration as a QMHP-trainee has expired may renew the registration within one year by paying the late renewal fee and renewal fee as prescribed by 18VAC115-80-20.

C. A person who fails to renew a registration as a QMHP after one year or more shall:

1. Apply for reinstatement;

2. Pay the reinstatement fee for a lapsed registration;

3. Provide a current report from the NPDB, if applicable; and

4. Submit evidence of completion of eight hours of continuing education for each year in which the license has been inactive or lapsed, not to exceed 32 hours.

C. D. A person who fails to renew a registration as a QMHP-trainee after one year or more shall:

1. Apply for reinstatement;

2. Pay the reinstatement fee for a lapsed registration; and

3. Submit evidence of enrollment in or completion of a bachelor's degree program as required in 18VAC115-80-65.

E. A person whose registration has been suspended or who has been denied reinstatement by board order, having met the terms of the order, may submit a new application and fee for reinstatement of registration as prescribed in 18VAC115-80-20. Any person whose registration has been revoked by the board may, three years subsequent to such board action, submit a new application and fee for reinstatement of registration as prescribed in 18VAC115-80-20. The board in its discretion may, after an administrative proceeding, grant the reinstatement sought in this subsection.