TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY

Fast-Track Regulation

Title of Regulation: 18VAC30-21. Regulations Governing Audiology and Speech-Language Pathology (amending 18VAC30-21-60).

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: Kelli Moss, Executive Director, Board of Audiology and Speech-Language Pathology, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 597-4132, fax (804) 939-5238, or email kelli.moss@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Audiology and Speech-Language Pathology 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 directed the board to regulate the profession. This change is in the best interest of the profession and increases the available number of audiologists in Virginia.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the proposed change is a reinsertion of language that was previously in regulation and was mistakenly removed by a previous regulatory action.

Substance: The amendment permits an applicant who holds a current and unrestricted certification issued by the ABA to obtain a license. This exact language was removed previously.

Issues: The primary advantage to the public is an increase in pathways for individuals who want to obtain a license as an audiologist, possibly increasing the number of audiologists in Virginia. 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 Audiology and Speech-Language Pathology (board) seeks to amend the qualifications for initial licensure to re-insert language that had been erroneously removed in a previous action.

Background. The qualifications for initial licensure (18VAC30-21-60) previously stated that the board may grant an initial license to an applicant who holds a current and unrestricted certification issued by the American Board of Audiology (ABA). This language was unintentionally struck in an action that became effective in February 2025.² The American Academy of Audiology filed a petition for rulemaking in December 2025 to include the ABA certification as a pathway to licensure.³ The board seeks to insert language that would once again include the ABA certification as an acceptable qualification for licensure.

Estimated Benefits and Costs. The proposed amendment would correct the regulatory text and resolve any confusion regarding eligibility for licensure as an audiologist or speech-language pathologist. The Department of Health Professions (DHP) reports that applicants with ABA certification comprise a small minority of license applicants and that the board did not see a drop in license applications due to the 2025 regulatory action. Thus, DHP does not expect the proposed change to lead to a significant increase in the number of applicants. To the extent that any new candidates for licensure holding an ABA certification have refrained from applying since February 2025, the proposed change would benefit those candidates by clearly establishing their eligibility in the regulation.

Businesses and Other Entities Affected. The proposed amendment would benefit individuals with an ABA certification by (once again) including it in the acceptable qualifications for licensure. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ 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.⁵ As noted above, since the proposed amendment is intended to correct an error and not establish a brand new pathway to licensure, it would not increase net costs or reduce net benefits. Thus, an adverse impact is not indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments would not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments would not disproportionately affect any locality in particular. The proposed amendments do not introduce costs for local governments.

Projected Impact on Employment. The proposed amendments would not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments would not affect the use and value of private property. The proposed amendments do not affect real estate development costs.

_____________________________

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/ViewStage.cfm?stageid=9924.

³ See https://townhall.virginia.gov/L/viewpetition.cfm?petitionid=447.

⁴ 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.

⁵ 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.

⁶ 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."

⁷ 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.

⁸ "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.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Audiology and Speech-Language Pathology concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

In response to a petition for rulemaking, the amendments permit an applicant who holds a current and unrestricted certification issued by the American Board of Audiology to obtain a license.

18VAC30-21-60. Qualifications for initial licensure.

A. The board may grant an initial license to an applicant for licensure in audiology or speech-language pathology who:

1. Holds a current and unrestricted Certificate of Clinical Competence issued by ASHA; or

2. Holds a current and unrestricted certification issued by the ABA; or

3. Submits evidence of the following:

a. Documentation of graduation from a program accredited by the Council on Academic Accreditation of ASHA or an equivalent accrediting body recognized by the board;

b. Passage of the qualifying examination from an accrediting body recognized by the board; and

c. Evidence of six months of practice pursuant to a provisional license as described in 18VAC30-21-70 and submission of recommendation for licensure from the applicant's supervisor during practice as a provisional licensee.

B. The board may grant a license to an applicant as a school speech-language pathologist who holds a master's degree in speech-language-pathology.

C. The board may refuse to issue a license to any applicant who has been determined to have committed an act in violation of 18VAC30-21-160.