Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology (amending 18VAC125-20-42, 18VAC125-20-121).

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia (18VAC125-20-42).

§§ 54.1-2400 and 54.1-3606.1 of the Code of Virginia (18VAC125-20-121).

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 1, 2015.

Effective Date: July 16, 2015.

Agency Contact: Jaime Hoyle, Acting Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, FAX (804) 327-4435, or email jaime.hoyle@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia establishes the general powers and duties of health regulatory boards including the responsibility to promulgate regulations that are reasonable and necessary to administer effectively the regulatory system.

Statutory provisions requiring licensure and continuing education for renewal of licensure in psychology are found in §§ 54.1-3606 and 54.1-3606.1 of the Code of Virginia.

Purpose: The purpose of the amendments is to clarify the intent of a requirement of 1.5 hours in ethics for continuing education and to accept the Certificate of Professional Qualification in Psychology (CPQ) credential as evidence of qualification for licensure by endorsement. The CPQ is a credential issued by the Association of State and Provincial Psychology Boards, which ensures that a licensee has met educational, examination, and experience requirements for licensure so states can readily license applicants who are minimally competent to provide safe and effective services. Clarification of the requirement for continuing education in ethics will assist licensees in remaining current with laws and regulations, including the standards of practice. Adherence to the standards of practice in the profession assures that a licensee will not face disciplinary action and protects the health, safety, and welfare of his clients.

Rationale for Using Fast-Track Process: The board has received several requests to explain the ethics requirement in continuing education, so the amendment will be acceptable to those seeking clarification. Additionally, the acceptance of CPQ for licensure by endorsement has been board policy for a number of years, so the addition in regulation is recognition of current practice. Therefore, the board does not expect any of the changes to be controversial or consequential.

Substance: The amendments (i) specify that the board may accept the CPQ as evidence of education, examination, and supervised training for licensure by endorsement; (ii) clarify the intent of the requirement of 1.5 hours per year in ethics to include courses in laws and regulations governing the profession and in the standards of practice set out in regulation; and (iii) allow two hours of continuing education for membership on a state licensing board in psychology.

Issues: The primary advantage of the amendments for the public is clarification of current rules and practices. There are no disadvantages to the public.

There are no advantages or disadvantages to the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Psychology (Board) proposes to amend its Regulations Governing the Practice of Psychology to 1) allow a Certificate of Professional Qualification in Psychology as evidence of education, examination and supervised training for licensure by endorsement, 2) clarify that continuing education requirements in ethics, laws and standards of practice refer to standards of practice in regulation and 3) allow two hours of continuing education for membership on a state Board of Psychology.

Result of Analysis. Benefits likely outweigh costs for these proposed regulatory changes.

Estimated Economic Impact. Current regulations have a list of further documentation, one of which must be provided to the Board when applying for licensure by endorsement. Applicants may currently provide: 1) a current listing in the National Register of Health Service Psychologists, 2) current diplomate status in good standing with the American Board of Professional Psychology in a category comparable to the one in which licensure is being sought, 3) documentation of 10 years of active licensure comparable to the one in which licensure is being sought or 4) documentation of less than 10 years of active licensure with further documentation of education, experience and examination completion that is substantially equivalent to Virginia's and verification of active practice in 24 of the 60 months immediately preceding application. The Board proposes to add a Certificate of Professional Qualification in Psychology (CPQ) to the list of further documentation. This change may make it somewhat easier for individuals who already have qualifications gained in another state to be licensed as Psychologists in Virginia. Since applicants will still have all options currently available for further documentation, no one is likely to be made worse off on account of this change.

Current regulations require that Board licensees complete 14 hours of continuing education each year; a minimum of 1.5 of these hours have to be for courses that cover "ethics, standards of practice or laws governing the profession of psychology." Some licensees, however, have been confused about what standards of practice this requirement refers to. The Board now proposes to clarify that the standards of practice that are included in this requirement are in the Board regulation specifically in 18VAC125-20-150. No entity is likely to incur costs on account of this change. To the extent that it makes the regulation less confusing, affected licensees will benefit.

In addition to clarifying ethics and law requirements for continuing education, the Board newly proposes to allow Board members to use the work that they do for the Board as two of their 14 hours of yearly continuing education credit. This change will make it slightly easier for the seven members of the Board to meet their continuing education requirements. No entity is likely to incur costs on account of this change.

Businesses and Entities Affected. Board staff reports that the Board currently licenses 35 applied psychologists, 2,853 clinical psychologists and 93 school psychologists. All of these entities, as well as any individuals who apply for licensure by endorsement in the future, will be affected by these regulatory changes.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. Allowing one more category of further documentation for individuals seeking licensure by endorsement may make it slightly easier to be licensed by endorsement. This may slightly increase the number of psychologists practicing in the Commonwealth.

Effects on the Use and Value of Private Property. By making it slightly easier to be licensed by endorsement, the time and cost to become licensed in Virginia may decrease for some individuals. This may allow them to start seeing patients sooner and increase the total lifetime revenue that can be obtained under their license; thus making the license more valuable.

Small Businesses: Costs and Other Effects. No small businesses will incur costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. No small businesses will incur costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. General: 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 Number 14 (2010). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed regulation would apply,

• the identity of any localities and types of businesses or other entities particularly affected,

• the projected number of persons and employment positions to be affected,

• the projected costs to affected businesses or entities to implement or comply with the regulation, and

• the impact on the use and value of private property.

Small Businesses: If the proposed regulation will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• 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,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• 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, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

Agency's Response to Economic Impact Analysis: The Board of Psychology concurs with the analysis of the Department of Planning and Budget.

Summary:

The amendments (i) specify that an applicant for licensure by endorsement may submit a Certificate of Professional Qualification in Psychology issued by the Association of State and Provincial Psychology Boards as evidence of education, examination, and supervised training; (ii) clarify that the requirement of 1.5 hours per year in ethics includes courses in laws and regulations governing the profession and courses in the standards of practice set out in 18VAC125-20-150; and (iii) authorize the Board of Psychology to approve up to two hours of continuing education for membership on a state licensing board in psychology.

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

Every applicant for licensure by endorsement 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;

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

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

6. Further documentation of one of the following:

a. A current listing in 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. Ten years of active licensure in a category comparable to the one in which licensure is sought, with an appropriate degree as required in this chapter documented by an official transcript; or

d. e. If less than 10 years of active licensure, 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:

(1) Documentation of post-licensure active practice for at least 24 of the last 60 months immediately preceding licensure application;

(2) Verification of a passing score on the Examination for Professional Practice of Psychology as established in Virginia for the year of that administration; and

(3) Official transcripts documenting the graduate work completed and the degree awarded in the category in which licensure is sought.

18VAC125-20-121. Continuing education course requirements for renewal of an active license.

A. Licensees shall be required to have completed a minimum of 14 hours of board-approved continuing education courses each year for annual licensure renewal. A minimum of 1.5 of these hours shall be in courses that emphasize the ethics, standards of practice or laws, and regulations governing the profession of psychology, including the standards of practice set out in 18VAC125-20-150.

B. For the purpose of this section, "course" means an organized program of study, classroom experience or similar educational experience that is directly related to the practice of psychology and is provided by a board-approved provider that meets the criteria specified in 18VAC125-20-122.

1. At least six of the required hours shall be earned in face-to-face or real-time interactive educational experiences. Real-time interactive shall include a course in which the learner has the opportunity to interact with the presenter and participants during the time of the presentation.

2. The board may approve up to four hours per renewal cycle for specific educational experiences to include:

a. Preparation for and presentation of a continuing education program, seminar, workshop or course offered by an approved provider and directly related to the practice of psychology. Hours may only be credited one time, regardless of the number of times the presentation is given, and may not be credited toward the face-to-face requirement.

b. Publication of an article or book in a recognized publication directly related to the practice of psychology. Hours may only be credited one time, regardless of the number of times the writing is published, and may not be credited toward the face-to-face requirement.

3. The board may approve up to two hours per renewal cycle for membership on a state licensing board in psychology.

C. Courses must be directly related to the scope of practice in the category of licensure held. Continuing education courses for clinical psychologists shall emphasize, but not be limited to, the diagnosis, treatment and care of patients with moderate and severe mental disorders.

D. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the licensee prior to the renewal date. Such extension shall not relieve the licensee of the continuing education requirement.

E. The board may grant an exemption for all or part of the continuing education requirements for one renewal cycle due to circumstances determined by the board to be beyond the control of the licensee.