PUBLICATION SCHEDULE AND DEADLINES
Vol. 42 Iss. 6 - November 03, 2025

November 2025 through November 2026

Volume: Issue

Material Submitted By Noon*

Will Be Published On

42:7

October 29, 2025

November 17, 2025

42:8

November 10, 2025 (Monday)

December 1, 2025

42:9

November 24, 2025 (Monday)

December 15, 2025

42:10

December 9, 2025

December 29, 2025

42:11

December 22, 2025 (Monday)

January 12, 2026

42:12

January 6, 2026 (Tuesday)

January 26, 2026

42:13

January 21, 2026

February 9, 2026

42:14

February 4, 2026

February 23, 2026

42:15

February 18, 2026

March 9, 2026

42:16

March 4, 2026

March 23, 2026

42:17

March 18, 2026

April 6, 2026

42:18

April 1, 2026

April 20, 2026

42:19

April 15, 2026

May 4, 2026

42:20

April 29, 2026

May 18, 2026

42:21

May 13, 2026

June 1, 2026

42:22

May 27, 2026

June 15, 2026

42:23

June 10, 2026

June 29, 2026

42:24

June 24, 2026

July 13, 2026

42:25

July 8, 2026

July 27, 2026

42:26

July 22, 2026

August 10, 2026

43:1

August 5, 2026

August 24, 2026

43:2

August 19, 2026

September 7, 2026

43:3

September 2, 2026

September 21, 2026

43:4

September 16, 2026

October 5, 2026

43:5

September 30, 2026

October 19, 2026

43:6

October 14, 2026

November 2, 2026

43:7

October 28, 2026

November 16, 2026

43:8

November 11, 2026

November 30, 2026

*Filing deadlines are Wednesdays unless otherwise specified.

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 42 Iss. 6 - November 03, 2025

TITLE 1. ADMINISTRATION

TREASURY BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Treasury Board conducted a periodic review and a small business impact review of 1VAC75-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 7, 2025, to support this decision.

The department was given a template to follow in the development of the public participation guidelines. The Department of the Treasury will retain the regulation as is. This regulation provides for public involvement in the development, amendment, or repeal of the regulations of the Department of the Treasury and the Treasury Board. The regulation is necessary to comply with statutory requirements. The agency received no complaints or comments concerning the regulatory chapter. The regulation does not overlap, duplicate, or conflict with any federal or state law or regulation. The regulation was last reviewed in February 2021 and has no impact on small businesses.

Contact Information: William Watt, Senior Policy Analyst, Department of The Treasury, James Monroe Building, 101 North 14th Street, Third Floor, Richmond, VA 23219, telephone (804) 371-6011, fax (804) 225-3187, or email william.watt@trs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Treasury Board conducted a periodic review and a small business impact review of 1VAC75-20, Virginia Security for Public Deposits Act Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 7, 2025, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare of the citizens of the Commonwealth and is clearly written and easily understandable. The regulation protects the financial stability of the Commonwealth and citizens by ensuring public deposits of the Commonwealth of Virginia and its counties, cities, towns, and other public entities are adequately protected against the failure of a financial institution holding public funds. The regulation was updated in 2023 in collaboration with the banking community.

This regulation is mandated by § 2.2-4400 of the Code of Virginia for the proper protection of public deposits. The regulation is not complex. No complaints or comments were received during the periodic review. The Security for Public Deposits Act (SPDA) (§ 2.2-4400 et seq. of the Code of Virginia) and this regulation have been revised to better administer the SPDA to accommodate the needs of Virginia's banking community and public institutions while ensuring the protection of public funds. The regulation does not overlap, duplicate, or conflict with any federal or state law or regulation. The regulation was amended in July 2023 and has no impact on small businesses.

Contact Information: William Watt, Senior Policy Analyst, Department of The Treasury, James Monroe Building, 101 North 14th Street, Third Floor, Richmond, VA 23219, telephone (804) 371-6011, fax (804) 225-3187, or email william.watt@trs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Treasury Board conducted a periodic review and a small business impact review of 1VAC75-30, Regulations Governing Escheats, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 7, 2025, to support this decision.

The escheats process is very complicated and the regulation is as clearly written as this process allows. The regulation is necessary to comply with statutory requirements. The agency received no complaints or comments concerning the regulatory chapter. The regulation ensures that the proper bond has been acquired by an appointed escheator to perform the necessary duties during the escheator's term and to record and ensure appropriate actions are completed in accordance with the purpose of the escheats statutes to place parcels back onto active tax rolls. The regulation does not overlap, duplicate, or conflict with any federal or state law or regulation. The regulation was last reviewed in August 2021 and has no impact on small businesses.

Contact Information: William Watt, Senior Policy Analyst, Department of The Treasury, James Monroe Building, 101 North 14th Street, Third Floor, Richmond, VA 23219, telephone (804) 371-6011, fax (804) 225-3187, or email william.watt@trs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Treasury Board conducted a periodic review and a small business impact review of 1VAC75-40, Unclaimed Property Administrative Review Process, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 7, 2025, to support this decision.

The Department of the Treasury amended this regulation for clarity during the previous periodic review. The regulation is necessary to comply with statutory requirements. The agency received no complaints or comments concerning the regulatory chapter. The regulation allows any person aggrieved by a decision of the Unclaimed Property Administrator to file a request for administrative review and correction of the administrator's determination. The regulation does not overlap, duplicate, or conflict with any federal or state law or regulation. The regulation was last reviewed in August 2021 and has no impact on small businesses.

Contact Information: William Watt, Senior Policy Analyst, Department of The Treasury, James Monroe Building, 101 North 14th Street, Third Floor, Richmond, VA 23219, telephone (804) 371-6011, fax (804) 225-3187, or email william.watt@trs.virginia.gov.

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TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-20, Standards for Classification of Real Estate as Devoted to Agricultural Use and to Horticultural Use under the Virginia Land Use Assessment Law, and determined that this regulation should be amended. The board is publishing its report of findings dated August 19, 2025, to support this decision.

This regulation is necessary for the protection of public welfare because it provides uniform standards for localities, which ensures equitable tax treatment of similar land uses across the Commonwealth. This regulation is clearly written and easy to understand, providing clarity to the Commissioner of the Revenue, local assessing officials, owners of agricultural or horticultural land, and taxpayers in each locality regarding whether certain agricultural or horticultural parcels should qualify for potential property tax reductions. The regulation does not use unnecessarily complex or technical language to describe the types of activities that qualify.

The agency plans to initiate a regulatory action to amend this regulation to address comments received during the periodic review and to receive additional stakeholder feedback on the current regulation for agency consideration. The agency received no complaints concerning this regulation, but received two comments during the public comment period. This regulation does not overlap, duplicate, or conflict with federal or state laws or regulations. Since the last time this regulation was evaluated, no significant changes in technology, economic conditions, or other factors in the area affecting the regulation have occurred. A periodic review was last completed for this regulation in 2020 when the agency amended the regulation to reflect regulatory changes required pursuant to Chapter 504 of the 2018 Acts of Assembly.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-30, Rules and Regulations Pertaining to Reporting Requirements for Contagious and Infectious Diseases of Livestock and Poultry in Virginia, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 21, 2025, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because the regulation protects the livestock and poultry populations in Virginia, which are major components of the public food supply, from emerging and foreign diseases. Since a safe food supply is imperative for the public health, safety, and welfare, it is important that this regulation stay in place for the continued protection of the public. The livestock and poultry industries are significant economic sectors in Virginia, and the regulation is important for the livestock and poultry industries. Many animal farms, as well as the processing plants that process the animals, are small businesses. Without the safeguards this regulation provides, these small businesses take on a great amount of risk. The agency received no complaints about this regulation.

This regulation provides a list of animal diseases that must be reported and is therefore not complex and is easily understood. This regulation does not overlap, duplicate, or conflict with federal statute. Since the last time this regulation was evaluated, no significant changes in technology, economic conditions, or other factors have occurred. The agency last completed a periodic review of this regulation in September 2020 and decided to retain the regulation as is.

This regulation was promulgated with due concerns for industry and has minimal impact on small businesses. The reporting requirement only affects veterinary practices and diagnostic laboratories and is minimally invasive to business operations.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-40, Rules and Regulations Governing the Prevention, Control and Eradication of Bovine Tuberculosis in Virginia, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 21, 2025, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it provides protection to the cattle population in Virginia, which is a major component of the public food supply. Since a safe food supply is imperative for the public health, safety, and welfare, it is important that this regulation stay in place for the continued protection of the public. The beef and dairy cattle industries are significant economic sectors in Virginia. This regulation is important to protect the public against the possible spread of tuberculosis from cattle to humans in the event cattle in Virginia were to become infected with bovine tuberculosis. The regulation is clearly written and easy to understand.

The agency is recommending that this regulation stay in effect without change because it is necessary for the continued protection of the public. This regulation is important for the beef and dairy cattle industries because many beef and dairy farms, as well as the processing plants that process the cattle, are small businesses. Without the safeguards this regulation provides, these small businesses take on a great amount of risk. If Virginia's bovine tuberculosis "free status" is compromised, other states and countries will not purchase Virginia cattle, which may impact these small businesses. Without this regulation, the threat compromising Virginia's bovine tuberculosis "free status" becomes significantly higher.

The agency received no complaints about this regulation. This regulation is easily understood. The regulation provides concise instructions for handling and reporting cattle that test positive for bovine tuberculosis. This regulation does not overlap, duplicate, or conflict with federal statute. Since the last time this regulation was evaluated, no significant changes in technology, economic conditions, or other factors have occurred. A periodic review was last completed for this regulation in September 2020, and the agency decided to retain the regulation as is.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-90, Control and Eradication of Pullorum Disease and Fowl Typhoid in Poultry Flocks and Hatcheries and Products Thereof in Virginia, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 21, 2025, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it provides for the protection of the poultry population in Virginia, which is a major component of the food supply. Since a safe food supply is imperative for the public health, safety, and welfare, it is important that this regulation stay in place for the continued protection of the public. It is clearly written and easy to understand.

Retaining this regulation as is will have no significant negative impact on small businesses. There is a continued need for this regulation to protect poultry species and public health. If the regulation is not maintained, then the risk of Pullorum Disease and Fowl Typhoid could have a negative impact on small businesses and poultry producers who rely on poultry for the viability of their businesses.

The agency received no complaints about this regulation. This regulation provides a concise and easily understood list of requirements and is, therefore, not complex. This regulation does not overlap, duplicate, or conflict with federal statute. Since the last time this regulation was evaluated, no significant changes in technology, economic conditions, or other factors have occurred. A periodic review was last completed for this regulation in September 2020, and the agency decided to retain the regulation as is. This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-141, Health Requirements Governing the Admission of Agricultural Animals, Pet Animals, and Other Animals or Birds into Virginia, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 21, 2025, to support this decision.

This regulation ensures that animals imported into Virginia are not unfit or unhealthy. This regulation is necessary for the protection of public health, safety, and welfare because it provides for the protection of the animal population in Virginia, which is a major component of the public food supply. Since a safe food supply is imperative for the public health, safety, and welfare, it is important that this regulation stay in place for the continued protection of the public. It is clearly written and easy to understand.

Retaining this regulation as is will have no significant negative impact on small businesses. There is a continued need for this regulation to stay in effect to protect livestock, poultry, and pet species and public health. If the regulation is not maintained, then the risk of disease could have a negative impact on small businesses and producers who rely on livestock or poultry for the viability of their farms and businesses. This regulation is important for the livestock and poultry industries and is consistent with federal laws and regulations regarding interstate movement of animals.

There have been no complaints from the public. The regulation is not unnecessarily complicated. This regulation is consistent with federal statute. Since the last time this regulation was evaluated, no significant changes in technology, economic conditions, or other factors have occurred. A periodic review was last completed for this regulation in September 2020, and the agency decided to retain the regulation as is. This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-170, Rules and Regulations for the Registration of Poultry Dealers, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 21, 2025, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it provides protection to the poultry population in Virginia, which is an important component of Virginia's animal agriculture industry. Since a safe food supply and good poultry health is imperative for the public's health, it is important that this regulation be retained for the continued protection of the public and poultry. The poultry industry is a significant economic sector in Virginia, with broilers being the state's number one agricultural commodity. The regulation is clearly written and easy to understand.

This regulation is important for the poultry industry in Virginia because it provides an effective and efficient means for the agency to track the spread of diseased poultry. Many farms that have poultry are small businesses. Without the safeguards this regulation provides, these small businesses take on a great amount of risk because without this regulation, the risk of disease spread becomes significantly higher, and that risk may greatly impact Virginia's poultry farms and the small businesses that rely on them.

There have been no complaints from the public. The regulation contains concise and clearly written instructions for recordkeeping and registration and is, therefore, not overly complex. The regulation is not in conflict with federal statute. Since the last time this regulation was evaluated, no significant changes in technology, economic conditions, or other factors have occurred. A periodic review was last completed for this regulation in September 2020, and the agency decided to retain the regulation as is. This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-206, Regulation for Scrapie Eradication, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 22, 2025, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it provides protection to the sheep and goat population in Virginia, which are important components of Virginia's livestock industry. Since a safe food supply and good livestock health are imperative for the public's health, it is important that this regulation stay in place for the continued protection of the public and the sheep and goat population. The sheep and goat industries are significant economic sectors in Virginia, especially in rural areas. The regulation is clearly written and easy to understand. The regulation provides clear guidelines for which animals and under what circumstances identification is necessary, as well as which records must be retained and how to notify the State Veterinarian of scrapie infections.

This regulation is important for the sheep and goat industries in Virginia. Many farms that have sheep or goats are small businesses, and without the safeguards this regulation provides, these small businesses take on a great amount of risk. If Virginia's "scrapie-free status" is compromised, other states and countries will not purchase Virginia sheep and goats, thereby affecting these small businesses. Without this regulation, that risk becomes significantly higher and may greatly decrease Virginia's sheep and goat farms and the small businesses that rely on them.

There have been no complaints from the public. The regulation is not unnecessarily complicated. This regulation is consistent with federal statute. Since the last time this regulation was evaluated, no significant changes in technology, economic conditions, or other factors have occurred. A periodic review was last completed for this regulation in September 2020, and the agency decided to retain the regulation as is. This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-310, Rules and Regulations - Official Standards for Enforcement of the Virginia Apples: Grading, Packing, and Marking Law, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 14, 2025, to support this decision.

This regulation protects public health, safety, and welfare of citizens by ensuring that the apples sold to consumers comply with official grade standards and are packaged and marked accordingly. This ensures that consumers are informed about the quality of the apples they purchase and prevents deceptive practices through the mislabeling or packaging of apples. The regulation is clearly written and easily understandable.

This regulation is required by law to establish standard grades for the quality, quantity, and size of apples. The agency received no complaints or comments regarding the regulation from small businesses. The agency has determined that this regulation is not unnecessarily complex, and that the complexity of this regulation is not such that it would have an economic impact on small businesses.

The regulation supports the sale of apples by small businesses through the verification of the grade and quality of those apples by a trusted government source. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The agency last conducted a periodic review of the regulation in 2020, and the agency has determined that no changes in technology, economic conditions, or other factors have occurred that necessitate amendments to the regulation. The agency continues to believe the current regulation is the least burdensome and intrusive alternative for the required regulation of the apple industry.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-317, Regulations for the Enforcement of the Noxious Weeds Law, and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 1, 2025, to support this decision.

The regulation is necessary for the protection of public health, safety, and welfare because it provides for the suppression, eradication, and prevention of the spread of noxious weeds in the Commonwealth. The spread of noxious weeds to Virginia's natural and agricultural resources may lead to significant economic loss. The regulation also protects citizens by providing a framework for eradicating those listed noxious weeds that may be hazardous to human health. The regulation is clearly written and easily understandable.

The agency received no complaints or comments regarding the regulation from small businesses. The regulation does not overlap or conflict with federal or state laws or regulations. The regulation was last evaluated during a periodic review in September 2020 and was last amended effective July 2024. The regulation's restriction on the moving, transporting, delivering, shipping, offering for shipment, selling, or offering for sale into or within the Commonwealth a noxious weed or part thereof may impact small businesses. The agency does not have reliable data on which to base an estimate as to the number of entities, including small businesses, that are affected or the cost incurred by an impacted small business. Small businesses that are landowners will benefit from the regulation, as the restrictions on the movement of noxious weeds will reduce the potential that a noxious weed will become established in an uninfested area and impact the use of such land or its value. The agency anticipates that the cost incurred by small businesses is minimal. The agency continues to believe the current regulation is the least burdensome and intrusive alternative for the required regulation of noxious weeds.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-440, Rules and Regulations for Enforcement of the Virginia Pest Law - Cotton Boll Weevil Quarantine, and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 1, 2025, to support this decision.

The regulation helps prevent the reinfestation of the cotton boll weevil in Virginia, thereby protecting the public's health, safety, and welfare. The eradication and exclusion of the cotton boll weevil enhances the quality of the environment by reducing the need for pesticide applications on cotton, which would otherwise be applied to combat the cotton boll weevil. Reduced pesticide applications will also result in decreased production costs for Virginia's cotton growers. The regulation provides clear instructions for participation in the Boll Weevil Eradication and Exclusion Program, which are easily understood.

The agency has determined that this regulation continues to be necessary in order to prevent the reintroduction of the cotton boll weevil into Virginia and ensure the continued export of Virginia cotton. Virginia cotton growers, many of whom are small businesses, planted approximately 88,674 acres of cotton in 2024. A cotton boll weevil infestation would have a significant negative economic impact on these small business owners.

Virginia cotton growers are assessed a per-acre fee to cover the cost of the cotton boll weevil survey. The fee is determined each year by the Commissioner of Agriculture and Consumer Services in consultation with the Board of Directors of the Virginia Boll Weevil Eradication Foundation Inc. All voting members of the board of directors are Virginia cotton growers. The agency received no complaints or comments concerning the regulation. The fee, survey, and participation in the program are less burdensome on small cotton farmers than the cost of preventing or eradicating boll weevil individually.

This regulation does not overlap, duplicate, or conflict with federal or state law or regulations. The regulation was most recently reviewed five years ago, and no changes in technology, economic conditions, or other factors that require the amendment of the regulation have occurred.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-610, Rules Governing the Solicitation of Contributions, and determined that this regulation should be retained as is. The board is publishing its report of findings dated August 1, 2025, to support this decision.

This regulation provides specific registration and reporting requirements that clarify the general requirements prescribed in the Virginia Solicitation of Contributions Law (VSOC) (§ 57-48 et seq. of the Code of Virginia) and provides for uniform reporting, which protects public safety and economic welfare by increasing public access to information about charitable organizations and improving charitable donation decision-making by the public. The regulation is clearly written and easily understandable.

The agency recommends that the regulation stay in effect without change as it provides clarifications to the general requirements prescribed in VSOC, provides an important means to ensure uniform reporting by charitable organizations that solicit contributions from the public, and improves the information available to the public to inform its charitable donation decisions. The requirements established in the regulation are not unnecessarily burdensome. There have been no complaints or comments received from the public regarding this regulation.

The agency has determined that this regulation is not unnecessarily complex, and that the complexity of this regulation has no economic impact on small businesses. The agency is not aware of any direct or indirect impacts on small businesses. Persons subject to the provisions of this regulation are non-profit organizations and therefore do not meet the definition of "small business" as outlined in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The regulation does not appear to overlap, duplicate, or conflict with any federal or state law or regulation. The regulation was last amended in November 2015. The agency has determined that no change in the affected industry has occurred since the regulation was last amended that would necessitate amending or repealing this regulation.

Contact Information: Erin Williams, Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-7157, fax (804) 371-7679, or email erin.williams@vdacs.virginia.gov.

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TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF CONSERVATION AND RECREATION

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Conservation and Recreation conducted a periodic review and a small business impact review of 4VAC3-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 9, 2025, to support this decision.

The regulation is necessary for the protection of public health, safety, and welfare of the citizens and visitors to the Commonwealth because it promotes public involvement in the development, amendment, or repeal of the regulations of the Board of Conservation and Recreation. The regulation is necessary to define and guide members of the public who are interested in submitting data, views, and arguments, either orally or in writing, to the board.

The board voted to retain the regulation as is, without amendment, at the board's meeting on October 2, 2025. The regulation has no adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.

Contact Information: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, fax (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Agency Notice

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 18VAC110-15, Regulations for Delegation to an Agency Subordinate. The review will be guided by the principles in Executive Order 19 (2022). The purpose of this review is to determine whether the regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to the regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Public comment period begins November 3, 2025, and ends November 24, 2025.

Comments must include the commenter's name and address (physical or email) to receive a response to the comment from the agency.

Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4456, fax (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

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TITLE 22. SOCIAL SERVICES

DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services (DARS) conducted a periodic review and a small business impact review of 22VAC30-100, Adult Protective Services, and determined that this regulation should be amended. The department is publishing its report of findings dated October 3, 2025, to support this decision.

The regulation establishes guidelines and expectations for the receipt, investigation, and disposition of reports of adult abuse, neglect, or exploitation, and the provision of Adult Protective Services (APS) to adults found to need protective services. The regulation is intended to facilitate timely intervention on behalf of vulnerable adults who have experienced abuse, neglect, and exploitation. The effectiveness of the regulation is ensured through training of APS workers in the local departments of social services (LDSS) and quality assurance monitoring of LDSS case records by DARS.

The regulation protects public health, safety, and welfare because it supports the delivery of interventions when vulnerable adults experience abuse, neglect, or exploitation. The regulation is clearly written and understandable. DARS intends to move forward with a fast-track rulemaking action to repeal 22VAC30-100-15, Mandated reporters. The comprehensive listing of mandated reporters is currently contained in § 63.2-1606 of the Code of Virginia, and all other regulatory sections in the 22VAC30-100 refer to § 63.2-1606 when discussing mandated reporter requirements and civil penalties for not reporting as required by statute.

The regulation is necessary to comply with requirements contained in the Code of Virginia. Other than the comments received during the periodic review and addressed in this report of findings, DARS has received no complaints or concerns about the regulation. The regulation does not overlap, duplicate, or conflict with any federal or state law or regulation. It was last reviewed in June 2021. APS investigates allegations of abuse, neglect, or exploitation across a variety of services and settings that support vulnerable adults, including long-term care facilities, home care organizations, group homes, as well as others. Many of these provider-owned organizations and settings are considered small businesses. The regulation, however, is both important and necessary to protect vulnerable adults and to ensure their health, safety, and welfare.

Contact Information: Charlotte Arbogast, Senior Policy Analyst and Regulatory Coordinator, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7093, fax (804) 662-7663, or email charlotte.arbogast@dars.virginia.gov.

REGULATIONS
Vol. 42 Iss. 6 - November 03, 2025

TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF ENERGY
Final

TITLE 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF ENERGY

Final Regulation

REGISTRAR'S NOTICE: The Department of Energy is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The department will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 4VAC25-31. Reclamation Regulations for Mineral Mining (amending 4VAC25-31-70).

Statutory Authority: §§ 45.2-103 and 45.2-1202 of the Code of Virginia.

Effective Date: December 3, 2025.

Agency Contact: Larry Corkey, Policy and Planning Manager, Department of Energy, 1100 Bank Street, Eighth Floor, Richmond, VA 23219-3402, telephone (804) 692-3239, or email larry.corkey@energy.virginia.gov.

Summary:

Pursuant to Chapters 390 and 405 of the 2025 Acts of Assembly, the amendments update requirements for farm pond construction.

4VAC25-31-70. Exemptions.

A. These regulations shall not apply to:

1. Excavation or grading when conducted solely to aid on-site onsite farming or construction. Such exemption shall not be construed to limit a landowner in a one-time construction or expansion of a farm pond for agricultural irrigation or provision of water for livestock to beneficially reuse the soil or sand, provided that such pond construction or expansion project (i) is a one-time activity on that parcel of land, (ii) is completed within six months one year, (iii) results in a pond that is less than three acres in total, and (iv) has all necessary permits and local approvals in place before such activity begins;

2. Mining of coal, unless the coal is mined incidental to the mining of minerals;

3. Searching, prospecting, exploring, or investigating for minerals by drilling; and

4. Excavation or grading when conducted by an agency or governmental unit of the Commonwealth, local government, or the federal government using government employees.

B. The surface extraction of minerals shall not constitute mineral mining unless:

1. The mineral is extracted for its unique or intrinsic characteristics; or

2. The mineral requires processing prior to its intended use.

C. When considering whether an operation is exempt, the director shall consider the length of time or duration of the activity, whether it is a one-time activity, solely in aid of onsite farming or construction, and whether all necessary permits and approvals are in place before the activity begins.

VA.R. Doc. No. R26-8421; Filed October 06, 2025
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF ENERGY
Final

TITLE 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF ENERGY

Final Regulation

REGISTRAR'S NOTICE: The Department of Energy is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The department will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 4VAC25-35. Certification Requirements for Mineral Miners (amending 4VAC25-35-40).

Statutory Authority: § 45.2-1114 of the Code of Virginia.

Effective Date: December 3, 2025.

Agency Contact: Larry Corkey, Policy and Planning Manager, Department of Energy, 1100 Bank Street, Eighth Floor, Richmond, VA 23219-3402, telephone (804) 692-3239, or email larry.corkey@energy.virginia.gov.

Summary:

Pursuant to Chapters 390 and 405 of the 2025 Acts of Assembly, the amendments update qualification requirements for mineral mine inspectors.

4VAC25-35-40. Renewal requirements.

A. The division will send renewal notices to the last known address of the certificate holder at least 180 days prior to the expiration of the certificate. Certified persons shall apply for renewal of certificates by submitting an application for renewal and verification of work experience in a form acceptable to the division no more than 180 days prior to the expiration of their certificate. The application shall be submitted in time to be received at least five working days prior to the date of the examination or refresher class.

B. Certified persons, except mine inspectors, who have worked in the classification for which they are certified for a cumulative minimum of 24 months in the last five years shall select one of two options to renew their certificates;. Certified persons shall either (i) take an examination or (ii) complete a refresher class on any changes in regulations and law since the initial certification or the certificate was last renewed.

C. Certified persons shall take the examination described in 4VAC25-35-20 if their certificate has expired, they have not worked in the classification for which they are certified for a cumulative minimum of 24 months in the last five years, or the division has issued the individual violations that have not been corrected.

D. Successful completion of the Certified persons who possess a valid mine inspector renewal shall suffice for renewing the mine foreman certification are exempt from all renewal requirements.

E. Applicants for renewal of certifications shall hold a valid first aid certificate to renew their certification.

F. Applicants shall submit a $10 fee for the examination or the refresher class which. The fee shall be received at least five working days prior to the examination or class. Cash will be accepted if paying in person at a department office.

VA.R. Doc. No. R26-8422; Filed October 06, 2025
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
DEPARTMENT (BOARD) OF JUVENILE JUSTICE
Proposed

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

Proposed Regulation

Title of Regulation: 6VAC35-170. Regulation Governing Juvenile Data Requests and Research Involving Human Subjects (amending 6VAC35-170-10, 6VAC35-170-20, 6VAC35-170-40, 6VAC35-170-50, 6VAC35-170-60 through 6VAC35-170-100, 6VAC35-170-130 through 6VAC35-170-200, 6VAC35-170-220, 6VAC35-170-230; adding 6VAC35-170-15, 6VAC35-170-17, 6VAC35-170-125; repealing 6VAC35-170-30, 6VAC35-170-55, 6VAC35-170-110, 6VAC35-170-210).

Statutory Authority: § 66-10.1 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: January 2, 2026.

Agency Contact: Kristen Peterson, Regulatory Affairs Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218, telephone (804) 773-0180, or email kristen.peterson@djj.virginia.gov.

Basis: Section 66-10 of the Code of Virginia authorizes the Board of Juvenile Justice to promulgate regulations necessary to carry out the provisions of Title 66 of the Code of Virginia and other laws of the Commonwealth. Section 66-10.1 of the Code of Virginia specifically authorizes the board to promulgate regulations to effectuate the provisions of Chapter 5.1 of Title 32.1 of the Code of Virginia for human research to be conducted or authorized by the Department of Juvenile Justice.

Purpose: The Regulation Governing Juvenile Data Requests and Research Involving Human Subjects (6VAC35-170) establishes the process for external entities to submit requests for data or to conduct research on human subjects who are under the care or supervision of department or other board-regulated programs or facilities. The proposed amendments are necessary to protect the health, welfare, and safety of citizens because they (i) enhance existing provisions to ensure the confidentiality of juvenile data maintained by the department and (ii) ensure that the department has the necessary information and access to scrutinize research projects involving juveniles and other human subjects and ensure the protection, safety, and privacy of those human subjects.

Substance: The proposed amendments (i) consolidate sections; (ii) clarify requirements that would apply for research authorized by the Department of Juvenile Justice (DJJ) or other state criminal justice agencies; (iii) clarify which forms are required for which requests and proposals; (iv) clarify what steps are necessary for requests submitted through the Virginia Longitudinal Data System (VLDS) or data trusts; (v) clarify what criteria are necessary for the approval of quality or process improvement projects; (vi) clarify the criteria for expediting the review of approved projects that have been modified; (vii) eliminate language discouraging researchers from offering incentives for subjects to participate in human research; (viii) clarify that all research with human subjects requires an endorsement from an Institutional Review Board, unless specifically exempted; (ix) remove certain internal deadlines and an annual reporting requirement and add transparency by specifying other internal deadlines; (x) add certain requirements regarding the security of data maintained by the department and the protection of juveniles under department monitoring, supervision, or care who serve as human subjects for research projects that are currently in a guidance document, which will make the requirements legally enforceable; (xi) authorize the department to consider additional identifiers as sensitive, including admission and release dates, location information more specific than the locality, state, and zip code, record numbers, and other combinations a reasonable person could use to determine an individual's identity based on the details of the project; and (xii) require the external project lead to report all protocol violations to the coordinator of external research within five business days of learning of the incident.

Issues: The primary advantages of the proposed amendments is the continued preservation and protection of the confidentiality and security of data maintained by the department and the protection of juveniles under the department's monitoring, supervision, or care who serve as human subjects for research projects. By removing specified deadlines for the internal committee tasked with reviewing case-specific data requests and the HRRC responsible for reviewing human research proposals, the proposed amendments also allow the department greater flexibility to schedule meetings and additional time, if needed, for the committees to conduct their work. Expressly limiting the director's current discretion to release information with a limited number of sensitive data elements within the confines of state confidentiality laws ensures that agency directors will not exceed their statutory authority in responding to requests from external entities, thereby providing greater protection to the department. Enhancing the department's discretion to solicit routine progress reports and other information on the status of research projects allows the department to track and monitor such projects and requests. Finally, including references to the human research statute rather than retaining regulatory language that duplicates these statutes eliminates the need to update the regulation each time the legislature enacts a statutory change and informs the regulated entity of the source of the regulatory requirement. The department does not anticipate any disadvantages to the public. While the proposed amendments remove the authority for student researchers who lack the requisite standing and qualifications to serve as external project leads when directly supervised by a person with the required credentials, this change operationalizes the department's current practice and, therefore, is not expected to have additional impact.

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. In response to Executive Order 19 (2022) and Executive Directive 1 (2022), the Board of Juvenile Justice (board) proposes discretionary amendments to reduce requirements and also add data request processes to the regulation that are currently found in a guidance document.

Background. Executive Directive 1 (2022) directs executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.2 Accordingly, the board proposes a number of clarifying changes that are intended to improve transparency and compliance with the regulation without creating new requirements. The most substantive changes are as follows. The board seeks to clarify certain requirements to enhance compliance: requirements that would apply for research authorized by the Department of Juvenile Justice (DJJ) or by other state criminal justice agencies (6VAC35-170-17); which forms are required for which requests and proposals (6VAC35-170-60), what steps are necessary for requests submitted through VLDS or data trusts (6VAC35-170-67); what criteria are necessary for the approval of quality or process improvement projects (6VAC35-170-125); and the criteria for expediting the review of approved projects that have been modified (6VAC35-170-69). The proposed changes in these sections reflect current practice, thus clarifying these requirements in the regulation is intended to enhance compliance and not to add new requirements. The board also seeks to eliminate language discouraging researchers from offering incentives for subjects to participate in human research (6VAC35-170-70) and instead maintain current requirements that such incentives be appropriate to the juvenile custodial status and proportionate to the situation. This section would also clarify that all research with human subjects requires an endorsement from an Institutional Review Board unless specifically exempted by § 32.1-162.17 of the Code of Virginia. The board seeks to add flexibility for DJJ by removing certain internal deadlines (6VAC35-170-140) and add transparency by specifying other internal deadlines (6VAC35-170-170). Similarly, the board seeks to remove an annual reporting requirement and instead allow DJJ greater discretion in soliciting progress reports (6VAC35-170-200). Lastly, the board proposes to add certain requirements that would enhance the security of data maintained by the DJJ and the protection of juveniles under department monitoring, supervision, or care who serve as human subjects for research projects. These changes would reflect current practice as these requirements are in a guidance document; adding these provisions in the regulation would not increase requirements that apply in practice but would make them legally enforceable.3 These requirements would be added to 6VAC35-170-65, the board proposes to add a new subsection authorizing the department to consider additional identifiers as sensitive, based on the details of the project, and in such cases require the removal of such information from the data set before releasing it to researchers. These identifiers include (i) admission and release dates; (ii) location information more specific than the locality, state, and zip code; (iii) record numbers; and (iv) other combinations a reasonable person could use to determine an individual's identity. In 6VAC35-170-185, the board seeks to add that, the external project lead shall report all protocol violations to the coordinator of external research within five business days of learning of the incident.

Estimated Benefits and Costs. The proposed amendments would benefit researchers who submit data and research proposals to DJJ, both from other state criminal justice agencies or from external research institutions, by clarifying the requirements for submitting a proposal and maintaining authorization to conduct ongoing research. The table summarizes the number of research proposals submitted by fiscal year and the number of studies that were active during each fiscal year, including those that had been previously authorized.4

Fiscal Year

Proposals Submitted

Active Research Studies (Approved Proposals)

2019

7

24

2020

6

16

2021

4

15

2022

4

8

2023

6

10

2024

2

12

The proposed amendments would also benefit staff at DJJ who may not have to answer as many questions about the application and approval process and would also have legal authority to enforce certain requirements that would better protect the juvenile research subjects. Thus, these changes would also indirectly benefit the individuals who are subjects of these research studies, which includes court-involved juveniles, juveniles committed to DJJ, juveniles under custody of a DJJ-regulated facility, or under supervision of a court service unit, as well as their family members. DJJ reports that the proposed amendments may result in additional administrative tasks for researchers, but only to the extent that it would enhance compliance with existing standards.

Businesses and Other Entities Affected. The proposed amendments affect other state criminal justice agencies and researchers at universities or private research institutions. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.5 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.6 Since the proposed changes do not create any new costs or reduce benefits, an adverse impact is not indicated.

Small Businesses7 Affected.8 This regulation does not affect any small business.

Localities9 Affected.10 The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

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

Effects on the Use and Value of Private Property. The proposed amendments affect neither the use and value of private property nor 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://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

3 See https://townhall.virginia.gov/L/ViewGDoc.cfm?gdid=7017.

4 Data Source: DJJ, see Agency Background Document.

5 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.

6 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.

7 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."

8 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.

9 "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.

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

Agency Response to Economic Impact Analysis: The Board of Juvenile Justice is in agreement with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

As a result of a periodic review, the proposed amendments (i) simplify the chapter; (ii) clarify processes for submitting, reviewing, and approving external data requests and research proposals; (iii) eliminate certain requirements; (iv) add requirements that were previously only contained in a guidance document; and (v) establish processes for various data requests and research proposals.

Chapter 170

Minimum Standards for Regulation Governing Juvenile Data Requests and Research Involving Human Subjects or Records of the Department of Juvenile Justice

6VAC35-170-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Aggregate data" means statistics that relate to broad classes, groups, or categories so that it is not possible to distinguish the properties of individuals within those classes, groups, or categories.

"Case-specific data" means nonaggregated data that provides information about specific individuals within a group or cases.

"Coordinator of external research" means the department employee designated by whom the director designates to receive research proposals and data requests from external entities and to ensure that the proposals and requests are reviewed in accordance with this chapter and related department procedures.

"Data trust" means a secure information-sharing environment that the department has joined via a memorandum of understanding or other written agreement. For purposes of this definition, "data trust" is limited to the Commonwealth Data Trust authorized in § 2.2-203.2:4 of the Code of Virginia and the Virginia Workforce Data Trust authorized in § 2.2-2041 of the Code of Virginia.

"De-identified data" means data with common identifiers, such as names, phone numbers, and social security numbers, and addresses removed in order to eliminate the ability of prevent an individual viewing the data to determine from determining the subject's identity of an individual.

"Department" means the Department of Juvenile Justice.

"Director" means the director of the department or the director's designee.

"External project lead" means the individual responsible for the research and data analysis design, implementation, supervision of staff, and findings, and who is not employed by or under contract to perform research for the department.

"External research or evaluation project" means research a project conducted at or using the resources of a facility, program, or organization that is owned, operated, or regulated by the department or the Board of Juvenile Justice by researchers individuals who are not part of the department employed by or under contract with to perform data analysis, quality improvement projects, or research for the department, or who are not employees of another state agency conducting a study at the direction of the General Assembly.

"Human research" means a systematic investigation, including research development, testing, and evaluation, utilizing human subjects that is designed to develop or contribute to generalized knowledge. Human research shall not be deemed to include includes neither research exempt from federal research regulation pursuant to 45 CFR 46.101(b) 46.104(d) nor quality or process improvement projects.

"Human Research Review Committee" or "HRRC" means the committee established by the department to oversee human research proposals and activities in accordance with 6VAC35-170-130 and § 32.1-162.19 of the Code of Virginia and 6VAC35-170-130.

"Human subject" means an individual who is under the department's care, custody, or supervision; under the care, custody, or supervision of a facility or program regulated by recruited for research due to the individual's contact with the department or facilities or programs regulated by the Board of Juvenile Justice; or a member of the family or guardian of such an the individual and who is, or who is proposed to be, a subject of human research. For purposes of this definition, human subject also means; or an individual who is employed in by or provides providing contractual services to a juvenile correctional center or other facility or program regulated by the department or facilities or programs regulated by the Board of Juvenile Justice and who is or who is proposed to be a subject of human research.

"Informed consent" means the knowing and voluntary agreement without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion of a person who is capable of exercising free choice. The basic elements necessary for informed consent regarding human research include:

1. A reasonable and comprehensible explanation to the person of the proposed procedures and protocols to be followed; their purposes the purpose of the procedures and protocols, including descriptions of attendant discomforts; and the risks and benefits reasonably to be expected;

2. A disclosure of alternative procedures or therapies that might be helpful to the person;

3. An instruction that the person may withdraw his consent and stop participating in the human research at any time without prejudice to him;

4. An explanation of costs or compensation that may accrue to the person and whether third party third-party reimbursement is available for the proposed procedures or protocols; and

5. An offer to answer, and answers to, questions by the person about the procedures and protocols.

"Internal committee" means the committee established by the department pursuant to 6VAC35-170-65 to oversee de-identified case specific case-specific data.

"Legally authorized representative" means the parent having custody of a prospective subject; the legal guardian of a prospective subject; or any person or judicial or other body authorized by law to consent on behalf of a prospective subject to such subject's participation in the particular human research, including an attorney in fact appointed under a durable power of attorney, provided the power grants the authority to make such a decision . For purposes of this chapter, "legally authorized representative" shall not include an official or employee of the institution or agency conducting or authorizing the research.

"Minimal risk" means that the risks of harm anticipated in the proposed research are not greater, considering probability and magnitude, than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests.

"Nontherapeutic research" means human research in which there is no reasonable expectation of direct benefit to the physical or mental condition of the human subject.

"Organizational unit head" means the person in charge of a juvenile correctional center, court service unit, or other an organizational unit of the department or a Board of Juvenile Justice-regulated facility, program, or service.

"Principal researcher" means the individual who is responsible for the research design, research implementation, supervision of research staff, and research findings.

"Quality or process improvement project" means a project designed to monitor, analyze, or improve the indicators of quality in service of a specific program without intentions to publish or share findings beyond the researcher, provider, and other groups at the discretion of the department. For purposes of this chapter, a quality or process improvement project is not a human research project. A quality or process improvement project may not include case-specific data requests.

"Research" means the systematic development of knowledge essential to effective planning and rational decision-making. It involves the assessment of current knowledge on conceptual problems selected, the statement of those problems in researchable format, the design of methodologies appropriate to the problems, and the application of statistical techniques to organize and analyze data investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge.

"Researcher" means an individual conducting research.

"Research project" means the systematic collection of information, analysis of the data, and the preparation of a report of findings.

"Sensitive data" means data, the compromise of which, with respect to confidentiality, integrity, or availability, could have a material adverse effect on agency programs or the privacy to which individuals are entitled.

"Virginia Longitudinal Data System" or "VLDS" means a data system that provides allows qualified individuals to access de-identified case-specific data from participating agencies to qualified researchers through a process that involves involving submission of requests and approval or denial by each sponsoring agency from which data are sought in an effort to create usable information for policy and generate cross-agency research.

"Written," "writing," or "in writing", as defined in § 1-257 of the Code of Virginia, means the required information is communicated in writing either in hard copy or electronic form any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form.

6VAC35-170-15. Applicability.

A. Except as otherwise provided, this chapter applies to external requests for case-specific data maintained by the department, including requests for case-specific data submitted through the VLDS or through a data trust. The chapter also applies to external research or evaluation project proposals and external requests submitted to the department for quality or process improvement projects.

B. Except as otherwise provided, this chapter shall not apply to:

1. Research or evaluation projects conducted by employees of another stage agency at the direction of the General Assembly; or

2. Requests for juvenile records and reports in accordance with § 16.1-300 of the Code of Virginia.

6VAC35-170-17. Department requests for research; research conducted by state criminal justice agencies.

A. Whenever a person, agency, organization, or institution outside the department agrees, at the department's request, to conduct research on or evaluation of the department or its divisions, the department shall have the discretion to impose any or all requirements in this chapter.

B. State criminal justice agencies seeking juvenile data in accordance with § 16.1-300 of the Code of Virginia shall complete and submit to the department the Data and Research Proposal form and Confidentiality Agreement form to verify the agency's authority to receive the requested information and to comply with the provisions in § 16.1-300. For purposes of this section, state criminal justice agencies shall include only state governmental entities that are identified in the definition of "criminal justice agency" in § 9.1-101 of the Code of Virginia.

6VAC35-170-20. General requirements of external researchers project leads.

A. The principal researcher external project lead shall have academic or professional standing in the pertinent field or job-related experience in the areas of study or be directly supervised by such a person.

B. The principal researcher external project lead shall be responsible for (i) the conduct of the research staff, (ii) the protection of the rights of subjects involved in the project, and (iii) the provision of information required by the coordinator of external research, organizational unit heads, and the HRRC ensuring that all applicable requirements in this chapter are met.

6VAC35-170-30. Professional ethics. (Repealed.)

All research shall conform to the standards of ethics of professional societies such as the American Correctional Association, the American Psychological Association, the American Sociological Association, the National Association of Social Workers, the American Evaluation Association, or their equivalent.

6VAC35-170-40. Confidentiality requirements of all research.

A. Research findings shall not identify individual subjects.

B. All records and all information given by research human subjects or employees of the department shall be kept confidential in accordance with § 16.1-300 of the Code of Virginia and applicable rules laws and regulations regarding confidentiality of juvenile records.

C. Persons who breach confidentiality shall be subject to sanctions in accordance with applicable laws, regulations, policies, and procedures.

D. C. Confidentiality does not preclude reporting results utilizing de-identified data or giving raw data to the department for possible further analysis.

6VAC35-170-50. Conditions for department approval of external research or evaluation projects and data requests.

The department may approve research and data requests only when it determines upon determining, in its sole discretion, that the following conditions have been met:

1. The department has sufficient financial and staff resources to support the request and that, on balance, the benefits of the request justify the department's involvement; and

2. The request will not interfere significantly with department programs or operations, particularly those of the operating units that would participate in the proposed research; and 3. The request is compatible with the purposes and goals of the juvenile justice system and with the department's organization, operations, and resources.

6VAC35-170-55. Review and approval of aggregate data requests. (Repealed.)

A. The department shall determine the following prior to approving aggregate data requests:

1. That the request meets the conditions for department approval of research identified in 6VAC35-170-30 and 6VAC35-170-50;

2. That the data requested is accessible;

3. An estimate of the time required to process the data request; and

4. Based on staff workload, whether staff resources are available to process the request.

B. The department may approve and coordinate the provision of data.

C. The department shall provide the principal researcher with a written notification of the approval or denial of the data request within 20 business days of the department’s receipt of the proposal.

1. If the department denies the data request, documentation of the rationale for the denial shall accompany the proposal.

2. If the department approves the data request, it shall provide the principal researcher with a written estimated timeline for receipt of the data.

6VAC35-170-60. Formal Submissions requiring department forms; formal agreement required for certain requests and proposals.

No A. To initiate the process for departmental review, external case-specific data requests, external research or evaluation project proposals, and quality or process improvement project requests shall be submitted to the department by completing and providing all required signatures and attachments on the Confidentiality Agreement, the Data and Research Proposal, and the Data and Research Agreement forms.

B. External case-specific data requests submitted through the VLDS or through a data trust portal shall require submission of the forms outlined in subsection A of this section only if the department will serve as the sponsoring agency for the VLDS request or the department's contribution to the data trust was not mandated by the Code of Virginia.

C. The Confidentiality Agreement form shall be signed by every individual who may access the data.

D. The Data and Research Agreement form shall outline the responsibilities of the parties and shall specify the following:

1. That any external articles, reports, presentations, and publications generated from the data collected shall be submitted electronically to the department no later than 30 days after the publication or presentation date and shall include the statement, "The findings of this study are the responsibility of the researchers, and cooperation by the Virginia Department of Juvenile Justice in facilitating this research should not be construed as an endorsement of the conclusions drawn by the researchers";

2. That the director shall have the discretion to waive the statement mandated in subdivision 1 of this subsection, in which case, all external articles, reports, presentations, and publications shall be submitted to the department for review and approval at least 30 days before the anticipated submission date;

3. That the Data and Research Agreement shall not be effective until signed by both the external project lead and the director;

4. That the requester agrees to provide the department with annual progress reports and any additional progress reports in an electronic format and according to the schedule set by the department. If the data request also involves human research, this schedule of progress reports shall be developed in consultation with the HRRC; and

5. That the requester agrees to provide a final presentation and an electronic report of the requester's findings that include goals for improvement and an actionable plan for implementing changes.

E. Except as provided in subsection B of this section, no case-specific data request or, human research request, or quality or process improvement project shall begin until all applicable reviews required by this chapter have been completed and the principal researcher external project lead receives a an electronic copy of the research agreement Data and Research Agreement form signed by the director.

6VAC35-170-65. External de-identified case-specific data requests.

A. External case-specific data requests shall be submitted to the department using the Confidentiality Agreement Form, the Research Proposal Form, and the Research Agreement Form.

B. The Research Agreement Form shall be signed by the principal researcher and the student researcher, if applicable, at the time of submission.

C. The A. Within 10 business days of receiving the completed forms to initiate the data request, the coordinator of external research shall determine the following within 10 business days of receiving the data request:

1. That the request meets the conditions for department approval of research identified in 6VAC35-170-30 and 6VAC35-170-50;

2. That the proposal request is not a human research proposal and is not required to be reviewed by the does not require HRRC review; however, requests that include sensitive data shall be reviewed by the HRRC;

3. That the principal researcher external project lead has appropriate academic or professional standing or job-related experience in the area to be studied;

4. That the proposal is in the required format and includes all required information;

5. 4. That the proposal complies with basic research standards and applicable laws;

6. 5. That the data requested is accessible;

7. That department resources are available to process the data request; and

8. 6. An estimate of the time required to compile the data request.

D. Except as provided in subsection E of this section, the B. The following identifiers are considered sensitive data and shall be removed from the data provided to data requesters or researchers:

1. Names;

2. Dates of birth;

3. Postal street addresses;

4. Telephone numbers;

5. Email addresses;

6. Social security numbers;

7. Medical record numbers;

8. Biometric identifiers, including finger and voice prints; and

9. Full face photographic images and any comparable image.

E. C. The director, department may consider the following identifiers as sensitive data based on the details of the project and other information included in the data set, and shall remove such identifiers from the data provided to data requesters if deemed sensitive:

1. Dates relevant to the juvenile's offense or placement, such as dates of admission or release;

2. Location information more detailed than town or city, state, and zip code;

3. Record numbers, such as juvenile numbers or direct care numbers; and

4. Any other combination of fields that would enable a reasonable person to identify individuals.

D. On a case-by-case basis, the director may approve the dissemination of data containing a limited number of the identifiers listed in subsection D B of this section for research benefiting the department, provided that (i) the provision of data does not violate any confidentiality provisions in Title 16.1 of the Code of Virginia and (ii) the data requester or researcher agrees that any such to keep the information shall be kept confidential in accordance with 6VAC35-170-40 or released release or published publish the information only in aggregate form.

F. E. The human research review process shall be followed when the data requested by a researcher are such that a reasonable person could identify the research participants.

G. F. Industry standard levels of encryption shall be required to protect all juvenile record information provided to data requesters and researchers.

H. G. Upon determining the requirements in subsection C A of this section are met, the director shall designate an internal committee, which shall meet within 20 business days of receiving the proposal. The internal committee shall:

1. Verify that the request meets the conditions for department approval of research identified in 6VAC35-170-50;

2. Review the data requested and determine if it is necessary to restrict the scope of the information provided. The scope of information may be restricted for any reason.;

2. Determine the research is beneficial to the department.

3. Ensure juvenile confidential information will be protected adequately.; and

4. Make a written recommendation to the director to approve or disapprove the request.

I. H. The director shall approve or deny the proposal request within 10 business days of receiving the recommendation.

J. The I. Within five business days of receiving the director's decision, the department shall notify provide the data requester or researcher of the director's decision within five business days of the director making the decision written notification that the request has been denied or a signed electronic copy of the Data and Research Agreement form if the request is approved.

1. If the director denies the proposal, the notification shall include a written rationale for the denial.

2. If the director approves the proposal, the notification shall include the research agreement containing the director's signature. The agreement shall outline the respective responsibilities of the parties and shall specify:

a. When progress reports shall be required. If the external research request also involves human research, this schedule of progress reports shall be developed in consultation with the HRRC;

b. That the department shall have unrestricted permission to use the research findings in accordance with professional standards of research;

c. That a final report shall be submitted electronically to the department;

d. That unless waived by the director or the director's designee, all external articles, reports, and presentations made from the data collected shall be submitted electronically to the department and shall include the statement "The findings of this study are the responsibility of the researchers, and cooperation by the Virginia Department of Juvenile Justice in facilitating this research should not be construed as an endorsement of the conclusions drawn by the researchers;" and

e. That the research agreement shall not be effective until signed by both the principal researcher and the director.

K. The department shall provide the principal researcher, by first class mail, electronic mail, or facsimile, a final copy of the research agreement containing the director's signature.

L. J. External de-identified case-specific data requests submitted through the VLDS or a data trust shall not be subject to the requirements of this section only if the department will serve as the sponsoring agency for the VLDS request or the department's contribution to the data trust was not mandated by the Code of Virginia. All VLDS and data trust requests shall comply with 6VAC35-170-67, regardless of whether the department serves as the sponsoring agency or whether the contribution to the data trust was mandated by statute. Researchers submitting such requests shall adhere to the provisions of 6VAC35-170-67.

6VAC35-170-67. Requests submitted through the VLDS requests or a data trust.

A. External case-specific data requests submitted through the VLDS shall be submitted to the department using the VLDS portal.

B. The researcher shall comply with all VLDS procedures in order to access data through the VLDS.

C. The chair of the HRRC shall have primary responsibility for reviewing and approving requests submitted through the VLDS portal. The chair of the HRRC or data trust portals and may not approve an external case-specific data a request unless the request meets the following requirements:

1. The request satisfies the conditions for department approval of research identified in 6VAC35-170-30 and 6VAC35-170-50;

2. The request is not a human research proposal and does not require the HRRC's review;

3. The request is in the required format and includes all required information;

4. 1. The research aim and the requested data are appropriate in content and scope;

2. The request complies with basic research standards and applicable laws; and

5. 3. The data requested are accessible and available in the VLDS requester agrees to provide the department with annual progress reports and a final report of the requester's findings that include goals for improvement and an actionable plan for implementing changes.

D. Upon reviewing the data request, the chair of the HRRC may restrict the scope of the data, provided the data requested are unrelated to the purpose of the research study.

6VAC35-170-69. Minor amendments to data requests.

If the researcher data requester offers a minor, nonsubstantive amendment to an external data request that the director previously approved in accordance with the provisions of this chapter, the chair of the HRRC may conduct an expedited review of the amendment in writing, provided the amendment does not alter the scope of the request. Additional review or approval by the internal committee or director shall not be required.

6VAC35-170-70. Requirements specific to human research.

A. All human research shall comply with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia and all other applicable laws regarding human research.

B. Human research involving known and substantive physical, mental, or emotional risk to subjects, including the withholding of any prescribed program programs of treatment, and all experimental medical, pharmaceutical, or cosmetic research, are specifically prohibited forbidden.

C. Offering Researchers may offer incentives to participate in research is discouraged but not prohibited. Incentives shall be, provided the incentive is appropriate to the juveniles' juvenile's custodial status and proportionate to the situation.

D. If sensitive data are provided, the researchers must comply with appropriate security and non-disclosure nondisclosure requirements.

E. No human research shall be conducted without the review and approval of the HRRC and the department.

F. Human research that is not exempted by § 32.1-162.17 of the Code of Virginia requires endorsement from an Institutional Review Board.

6VAC35-170-80. Informed consent required for human research.

A. Except as provided elsewhere in this chapter, no researcher may involve a human subject in human research without first obtaining the All researchers shall get informed consent in accordance with § 32.1-162.18 of the Code of Virginia before conducting human subject or his legally authorized representative. A researcher shall seek such consent only under circumstances that provide the human subject or the legally authorized representative sufficient opportunity to consider whether to participate and that minimize the possibility of coercion or undue influence research.

B. If a human subject is competent, informed consent shall be given in writing by the subject and witnessed.

C. If a human subject is not competent, informed consent shall be given in writing by the subject's legally authorized representative and witnessed.

D. If a human subject is a minor who is otherwise capable of giving informed consent, informed consent shall be given in writing by both the minor and his legally authorized representative.

E. If two or more persons who qualify as legally authorized representatives with decision-making authority inform the researcher that they disagree as to the participation of the human subject, the subject shall not be enrolled in the human research that is the subject of the consent.

F. Notwithstanding consent by a legally authorized representative, no person who is otherwise capable of giving informed consent shall be forced to participate in human research.

G. A legally authorized representative may not consent to nontherapeutic research unless the HRRC determines that the research will present no more than a minimal risk to the human subject.

H. The informed consent form shall not include any language through which the human subject waives or appears to waive any legal right, including the release of an individual, institution, or agency or any agent thereof from liability for negligence.

6VAC35-170-90. Exemptions from the requirements governing human research.

A. The following Except as provided in subsections B and C of this section, the categories of human research identified in § 32.1-162.17 of the Code of Virginia are not subject to this chapter's provisions governing requirements for human research. Except as otherwise provided by law or regulation, these activities shall be subject to the nonhuman research review and approval process established by the department.

1. Activities of the Virginia Department of Health conducted pursuant to § 32.1-39 of the Code of Virginia.

2. Research or student learning outcomes assessments conducted in educational settings involving regular or special education instructional strategies; the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods; or the use of educational tests, whether cognitive, diagnostic, aptitude, or achievement, if the data from such tests are recorded in a manner so that subjects cannot be identified, directly or through identifiers linked to the subject.

3. Research involving solely the observation of public behavior, including observation by participants, or research involving survey or interview procedures unless subjects can be identified from the data either directly or through identifiers linked to the subjects, and either:

a. The information about the subject, if it became known outside the research, reasonably could place the subject at risk of criminal or civil liability or be damaging to the subject's financial standing or employability; or

b. The research deals with sensitive aspects of the subject's own behavior, such as sexual behavior, drug or alcohol use, or illegal conduct.

4. The collection or study of existing data, documents, records, pathological specimens, or diagnostic specimens, if these sources are publicly available or if the subjects cannot be identified from the information either directly or through identifiers linked to the subjects.

5. Medical treatment of an experimental nature intended to save or prolong the life of the subject in danger of death, to prevent the subject from becoming disfigured or physically or mentally incapacitated, or to improve the quality of the subject's life.

B. Pursuant to 45 CFR 46.101 46.104, the exemptions outlined in this section § 32.1-162.17 of the Code of Virginia shall not apply to research conducted upon individuals involuntarily confined in a penal institution, including individuals committed to a juvenile correctional center or juvenile secure detention center, unless the research is aimed at involving a broader subject population that only incidentally includes these individuals.

C. Pursuant to 45 CFR 46.101, the The exemptions outlined in subdivision A 3 of this section § 32.1-162.17 of the Code of Virginia shall not apply to research conducted on children who have not attained age younger than 18 years of age unless permitted under 45 CFR 46.104.

6VAC35-170-100. Proposal for external research.

A. If the external research is proposed to take place in a particular organizational unit, the principal researcher external project lead shall present a preliminary research proposal to the organizational unit head and get the organizational unit head's endorsement.

B. The principal researcher completed Data and Research Proposal shall submit to the coordinator of external research a complete research proposal describing describe the research project and containing include the following information:

1. Name, address, telephone number, email address contact information, title, and affiliation of the principal researcher external project lead;

2. Name, telephone number, and email address and contact information of the person who will coordinate the project, if different from the principal researcher external project lead;

3. Funding source, if any;

4. Date of the proposal's submission to the department;

5. Title or descriptive name of the proposed research project;

6. Statement of the specific purpose of the proposed research project with anticipated results, including benefit to the department;

7. A concise description of the research design and techniques for data collection and analysis and of the likely effects of the research methodology on existing programs and institutional operations;

8. Timeframes indicating proposed beginning and ending dates for (i) data collection, (ii) analysis, (iii) preliminary report, and (iv) final report;

9. A list of resources the researcher will require from the department or its the department's units, such as staff, supplies, materials, equipment, work spaces, or access to clients and files;

10. The written endorsement from the organizational unit head in accordance with subsection A of this section;

11. A written endorsement from the institutional review board of the institution or organization with which the researcher is affiliated; and

12. A copy of the resume or curriculum vitae of the external project lead and student, if applicable; and

13. A signed and dated statement that the principal researcher external project lead and research staff have read, understand, and agree to abide by these regulations.

C. The coordinator of external research shall receive all research proposals and confirm that the proposal complies with basic research standards and applicable laws.

6VAC35-170-110. Initial review by coordinator of external research. (Repealed.)

The coordinator of external research shall receive all research proposals from external researchers and shall:

1. Ensure that the proposals are in the required format and include all required information;

2. Confirm that the proposal complies with basic research standards and applicable laws; and

3. Refer the proposals to appropriate department personnel for review, which , for all proposed human research shall include the department's HRRC.

6VAC35-170-125. Quality or process improvement projects.

A. The chair of the HRRC shall have primary responsibility for reviewing and approving quality or process improvement project requests and may not approve a request unless the request meets the following requirements:

1. The quality or process improvement aim and the requested data are appropriate in content and scope;

2. The requesters may not share information outside of the department and approved groups and may not give presentations or publish research findings using information or data from the quality or process improvement project;

3. The request complies with basic research standards and applicable laws; and

4. The request includes safeguards to ensure the adequate protection of juvenile confidential information.

B. The requester shall provide the department with annual progress reports and a final presentation and report of the requester's findings that include goals for improvement and an actionable plan for implementing changes.

6VAC35-170-130. Human Research Review Committee.

A. The department shall establish an HRRC composed of persons of various backgrounds to ensure the competent, complete, and professional review of human research activities conducted or proposed to be conducted or authorized by the department. No member of the HRRC shall be directly involved in the proposed human research or have administrative approval authority over the proposed research except in connection with his role on the HRRC in accordance with § 32.1-162.19 A of the Code of Virginia.

B. The HRRC may ask persons with pertinent expertise and competence to assist in the review of any research proposal or ongoing human research activities.

C. The HRRC may require additional information from the researcher before making a recommendation to the director.

6VAC35-170-140. Timeline for review of human research proposals.

A. The HRRC shall review proposals involving human research within 30 business days of receiving a complete research proposal.

B. A. At the request of the researcher and upon written approval by the chair, the HRRC may conduct an expedited review when the proposed research involves no more than minimal risk to the human subjects and: 1. The proposal has been reviewed and, the changes occur during the approved by another agency's HRRC; or 2. The project period, and the review involves only minor changes to a previously approved research project.

C. B. A proposal that undergoes expedited review pursuant to subdivision B 2 of this section shall be approved in writing by the chair of the HRRC before the researcher may proceed. Additional require no additional review or approval by the director shall not be required.

6VAC35-170-150. HRRC review of human research proposals.

In reviewing the human research proposal, the HRRC shall consider the potential benefits and risks to the human subjects and shall recommend approval only when:1. The benefits to the human subjects outweigh the risks; 2. The methodology is adequate for the proposed research; 3. The research, if nontherapeutic, presents no more than a minimal risk to the human subjects; 4. The rights and welfare of the human subjects are adequately protected; 5. Appropriate provisions have been made to get informed consent from the human subjects, as detailed in 6VAC35-170-160; 6. The researchers are appropriately qualified; 7. The criteria and means for selecting human subjects are valid and equitable; and 8. The research complies with the requirements set out in this chapter as well as each element outlined in § 32.1-162.19 B of the Code of Virginia.

6VAC35-170-160. HRRC review of informed consent provisions.

A. The HRRC shall review and approve the consent process and all required consent forms for each proposed human research project before recommending approval to the director.

B. The committee may approve a consent procedure that omits or alters some or all of the basic elements of informed consent or waives the requirement to get informed consent if the HRRC finds and documents that: 1. The research involves no more than a minimal risk to the subjects; 2. The omission, alteration, or waiver will not adversely affect the rights and welfare of the subjects; 3. The research could not be performed practicably without the omission, alteration, or waiver; and 4. After participation, the subjects will be given additional pertinent information when appropriate complies with the requirements in § 32.1-162.18 D of the Code of Virginia.

C. The HRRC may waive the requirement that the researcher get written informed consent for some or all subjects, if the principal risk would be potential harm resulting from a breach of confidentiality, and the only record linking the subject and the research would be the consent document. The HRRC may require the researcher to give the subjects and legally authorized representatives a written statement explaining the research. Further, the researcher shall ask each subject whether he wants documentation linking him to the research, and the subject's wishes shall govern provided the conditions in § 32.1-162.18 E of the Code of Virginia are satisfied.

6VAC35-170-170. Recommendation to director and final action.

A. The HRRC shall make a recommendation to the director to deny, or approve, or conditionally approve the proposed human research or defer a recommendation pending receipt of additional information or modification of the proposal.

B. The director shall approve or deny the proposal within 10 business days of receiving the committee's recommendation.

C. The research agreement Data and Research Agreement shall become effective only after all reviews required by this chapter are completed and the director signs the agreement on behalf of the department. The coordinator of external research shall send notify the external project lead of the director's final decision within five business days of receipt, and if approved, provide a copy of the signed research agreement to the principal researcher Data and Research Agreement form before the project may begin.

D. The coordinator of external research shall notify the principal researcher of the director's final decision.

6VAC35-170-180. Annual review of human research activities.

The HRRC shall review all human research ongoing activities at least annually to ensure that they the activities are conducted in conformance with the proposals as approved by the director.

6VAC35-170-185. Researcher noncompliance.

A. The researcher external project lead shall report noncompliance with the approved research proposal to the HRRC and the institutional review board.

B. The external project lead shall report all protocol violations to the coordinator of external research within five business days of learning of the incident.

C. If the HRRC determines that the research activities fail to comply with the approved proposal or violate the Code of Virginia or the Virginia Administrative Code, the department may (i) restrict or terminate further research, (ii) prohibit forbid the researcher from presenting or publishing the research results, or and (iii) bar the researcher from conducting future studies.

6VAC35-170-190. Committee reports required.

A. In accordance with § §§ 66-10.1 and 32.1-162.19 of the Code of Virginia, the HRRC shall:

1. submit Submit to the Governor, the General Assembly, and the director at least annually a report on human research projects reviewed and approved by the HRRC and the status of such the research, including any significant deviation from the proposals as approved.; and

2. Ensure that an overview of the required report containing a summary of approved human research projects and the results of such projects is posted on the department's website, unless otherwise exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et. seq. of the Code of Virginia).

B. The HRRC also shall submit annually to the Board of Juvenile Justice the same report as required by subsection subdivision A 1 of this section.

C. The HRRC shall ensure that an overview of the report required in subsection A of this section, containing a summary of approved human research projects and the results of such projects, is posted on the department's website unless otherwise exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia).

6VAC35-170-200. Progress reports.

A. The department may require periodic reports on the progress of any research project in accordance with this chapter. The principal researcher external project lead shall be responsible for providing such reports an annual progress report addressing the progress of all pending research and any additional periodic progress reports or supplementary information requested by the department requests in a timely manner.

B. The researcher shall submit an annual progress report to the coordinator of external research when the research is not completed within one year of approval Upon review of the progress reports or the failure to timely file a progress report, approvals may be reconsidered, reassessed, or rescinded for good cause at the director's discretion.

6VAC35-170-210. Department permission to use research findings. (Repealed.)

The research agreement shall specify that the department has unrestricted permission to use, as they are published, all data, summaries, charts, graphs or other illustrations resulting from the research project.

6VAC35-170-220. Final report Research findings.

A. The department shall require the principal researcher external project lead to submit a formal final report to the coordinator of external research and may require up to 10 copies of the report.

B. The final report and all external articles, reports, presentations, and publications generated from the data and research shall contain, unless waived by the director or designee, be submitted electronically to the coordinator of external research no later than 30 days after the publication or presentation date and shall include the following statement:

"The findings of this study are the responsibility of the researchers, and cooperation by the Virginia Department of Juvenile Justice in facilitating this research should not be construed as an endorsement of the conclusions drawn by the researchers."

C. The director may waive the statement required in subsection B of this section, in which case applicable materials shall be submitted to the coordinator of external research at least 30 days before the anticipated submission date.

6VAC35-170-230. Written procedures Guidance.

A. The department shall establish written procedures regarding the process for obtaining the organizational unit head's endorsement for any external research proposal, as required in 6VAC35-170-100.

B. A. The department may establish written procedures provide guidance that outline additional requirements outlines processes for the submission, approval, and review of research projects and, data requests, and quality or process improvement projects authorized in this chapter. The written procedures also may identify additional data elements that the department deems to be sensitive data.

C. B. The department shall ensure that any written procedures guidance established pursuant to this chapter are is posted on the agency website.

VA.R. Doc. No. R24-7832; Filed October 06, 2025
TITLE 9. ENVIRONMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
Forms

TITLE 9. ENVIRONMENT

DEPARTMENT OF ENVIRONMENTAL QUALITY

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending certain regulations of the Department of Environmental Quality to update an Internet address in the Virginia Administrative Code.

Titles of Regulations: 9VAC15-60. Small Renewable Energy Projects (Solar) Permit by Rule (amending 9VAC15-60-120).

9VAC15-70. Small Renewable Energy Projects (Combustion) Permit by Rule (amending 9VAC15-70-120).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the Internet address is updated for the Coastal Geospatial and Education Mapping System (GEMS) Application available from the Department of Environmental Quality as provided in regulation text.

VA.R. Doc. No. R26-8473; Filed September 26, 2025
TITLE 9. ENVIRONMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
Forms

TITLE 9. ENVIRONMENT

DEPARTMENT OF ENVIRONMENTAL QUALITY

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending certain regulations of the Department of Environmental Quality to update an Internet address in the Virginia Administrative Code.

Titles of Regulations: 9VAC15-60. Small Renewable Energy Projects (Solar) Permit by Rule (amending 9VAC15-60-120).

9VAC15-70. Small Renewable Energy Projects (Combustion) Permit by Rule (amending 9VAC15-70-120).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the Internet address is updated for the Coastal Geospatial and Education Mapping System (GEMS) Application available from the Department of Environmental Quality as provided in regulation text.

VA.R. Doc. No. R26-8473; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: Pursuant to 1VAC7-10-60, the Registrar of Regulations is amending several regulations of the State Water Control Board to update certain Internet addresses in the Virginia Administrative Code.

Titles of Regulations: 9VAC25-110. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day (amending 9VAC25-110-80).

9VAC25-115. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities (amending 9VAC25-115-50).

9VAC25-120. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (amending 9VAC25-120-80).

9VAC25-151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (amending 9VAC25-151-70).

9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-70).

9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Concrete Products Facilities (amending 9VAC25-193-70).

9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-70).

9VAC25-196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-70).

9VAC25-260. Water Quality Standards (amending 9VAC25-260-155).

9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters (amending 9VAC25-800-60).

9VAC25-820. General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (amending 9VAC25-820-70).

9VAC25-860. Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants (amending 9VAC25-860-70).

9VAC25-875. Virginia Erosion and Stormwater Management Regulation (amending 9VAC25-875-590).

9VAC25-880. General VPDES Permit for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-70).

9VAC25-890. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s) (amending 9VAC25-890-40).

Effective Date: November 3, 2025.

Agency Contact: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, or email melissa.porterfield@deq.virginia.gov.

Summary:

Pursuant to 1VAC7-10-60, the following Internet addresses available in State Water Control Board regulation text are updated: (i) the address for Virginia Pollutant Discharge Elimination System permittees to submit immediate reports of unauthorized discharges, unusual or extraordinary discharges, or noncompliance; (ii) the address for Virginia Stormwater BMP Clearinghouse; and (iii) the address for the comprehensive list of all Virginia sites absent of early life stages of fish, the affected waterbodies, and the time of year such waterbodies are absent of early life stages of fish.

VA.R. Doc. No. R26-8448; Filed September 26, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR BARBERS AND COSMETOLOGY
Fast-Track

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Fast-Track Regulation

Title of Regulation: 18VAC41-60. Body-Piercing Regulations (amending 18VAC41-60-10, 18VAC41-60-20, 18VAC41-60-30, 18VAC41-60-70, 18VAC41-60-80, 18VAC41-60-110 through 18VAC41-60-150, 18VAC41-60-180 through 18VAC41-60-220; adding 18VAC41-60-81, 18VAC41-60-82, 18VAC41-60-165, 18VAC41-60-175).

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 3, 2025.

Effective Date: December 18, 2025.

Agency Contact: Kelley Smith, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, fax (866) 245-9693, or email barbercosmo@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Board for Barbers and Cosmetology to establish the qualifications of applicants for certification or licensure necessary to ensure competence or integrity to engage in such profession or occupation and to promulgate regulations necessary to ensure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system.

Purpose: The board protects the health, safety, and welfare of the public by establishing, through regulation, minimum qualifications for entry into trade-related professions such as that of an ear-piercer. The performance of trade-related work by those who lack sufficient training and expertise poses a risk to the health, safety, and welfare of the public, including allergic reactions to certain metals or materials used in earrings, inflammation, scarring, nerve damage, infection, and permanent disfiguration. The board has sought to incorporate the ear-piercing requirements so that the requirements are least intrusive and burdensome as possible, to assist in providing an environment without unnecessary regulatory obstacles while still protecting the health, safety, and welfare of the public.

Rationale for Using Fast-Track Rulemaking Process: Chapters 308 and 322 of the 2025 Acts of Assembly provide for the licensure of ear-piercers and ear-piercing salons and require the board to develop specific training and apprenticeship programs for ear-piercers. The creation of a license type that allows for a new profession and revenue stream for stakeholders seldom receives negative comment from the regulated community and the public. Accordingly, this action is expected to be noncontroversial and is appropriate for the fast-track rulemaking process.

Substance: The amendments (i) establish requirements for the licensure of individual ear-piercers and ear-piercing salons; (ii) establish apprenticeship training requirements, including minimum training standards, for ear-piercer licensure; (iii) provide for an ear-piercer earlobe-only class of license to replace the existing body-piercer ear-only license; (iv) provide for a new guest piercer license type to permit out-of-state individuals to temporarily practice in Virginia at salons or conventions; (v) provide for a new event piercing salon license type to allow salons to operate at a temporary location in Virginia in conjunction with an event or convention; and (vi) revise the standards of practice in the regulation to apply to these new license types. In addition, several clarifying changes are made to the regulation.

Issues: The primary advantages to the public associated with these regulatory changes ensure consistency between the law and regulation. Additionally, the establishment of an ear-piercing license allows individuals who are exclusively interested in performing ear piercings other than those using a mechanized, pre-sterilized system limited to earlobes to avoid the requirement of completing a 1,500-hour body-piercing apprenticeship. Further, this regulatory change creates a limited license type for out-of-state residents to provide services under a sponsor at conventions and salons. At the same time, these changes ensure the health, safety, and welfare of the public is protected by ensuring proper training. These amendments also create greater economic opportunities for current body-piercing sponsors to supervise another license type and create new ear-piercing salons. The primary benefit to the agency and the Commonwealth is the positive economic impact resulting from the introduction of a new individual license types and the establishment of new salon classifications. There are no disadvantages to these amendments.

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. Pursuant to Chapter 308 of the 2025 Acts of Assembly (Chapter 308),2 the Board for Barbers and Cosmetology (board) proposes to create a new ear-piercing license for individuals, an ear-piercing salon license, and an ear-piercing apprenticeship. The board also proposes on its own discretion to create guest piercer and event piercer salon licenses for out-of-state piercers, and to replace the current body-piercing ear only license with the ear-piercing earlobe only license.

Background. Currently, this regulation applies to those who perform body-piercing and body-piercing ear only services and those who operate salons. The current body-piercer ear only license has a limited scope of practice in that it only allows the use of a mechanized, presterilized ear-piercing system to penetrate the outer perimeter, the lobe of the ear, or both. Piercing of any other part of the ear is considered body-piercing and is subject to the same apprenticeship requirement (i.e., 1,500 hours of training) as full body-piercers (i.e., those who pierce any part of the human anatomy). The current body-piercing ear only license, however, requires minimal training (i.e., a minimum of three hours of health education to include bloodborne disease and first aid and training in piercing aftercare). In essence, ear-piercing is currently covered as a portion of the body-piercing curriculum. However, Chapter 308 changed the regulatory approach to licensing ear-piercing under the body-piercing curriculum to distinguish ear-piercing salons from body-piercing salons by definition. Chapter 308 also requires the board to adopt regulations establishing the requirements for licensure of ear-piercing salons, ear-piercing schools,3 and ear-piercers and to develop specific training and apprenticeship programs for ear-piercers. Under the legislation, the scope of body-piercing continues to include ear-piercing, but a new ear-piercing only license would be created. In addition to these mandated elements, the legislation allows the board on its own discretion to develop different classes of ear-piercing licenses. Based on the discretion provided by the legislation, and in response to interest from out-of-state piercers to participate in tattoo or piercing conventions held in the Commonwealth, the board also proposes to create licenses for guest-piercers and event piercer salons. According to the Department of Professional and Occupational Regulation (DPOR), guest-piercer and event piercer salon licenses would mirror the guest tattooer license and sponsor, and event requirements. Finally, the board proposes to create an ear-piercing earlobe only license in order to provide an option that largely matches the current body-piercing ear only license.

Estimated Benefits and Costs. As mandated by the legislation, the board proposes to create an ear-piercing license for individuals. The proposed ear-piercing license would allow individuals interested in ear-piercing to work on areas beyond the earlobe, such as the helix, concha, and tragus without the need to obtain a body-piercing license. To obtain this license, individuals would have to pass an ear-piercing exam as well as pay the $120 licensing fee and the $99 exam fee. Assuming that approximately 23 individuals apply for this license annually, the board estimates that the total license fees would be $2,760 and the total exam fees would be $2,277. These totals would represent revenues for DPOR and the exam vendor, respectively, and compliance costs for the regulants. It is assumed that the fees collected by DPOR are sufficient to address the cost to process the new license applications. Additionally, there may be a small number of ear-piercing salon applications with a $220 fee, but DPOR does not have an estimate on the potential number of applicants. Since body-piercing salons would be able to offer ear-piercing, DPOR expects only a few ear-piercing salon applications. Moreover, prospective ear-piercers would no longer be required to complete a 1,500-hour body-piercing apprenticeship. Instead, a 500-hour ear-piercing apprenticeship would now fulfill the training requirement, facilitating quicker entry into the profession. According to DPOR, the average weekly compensation for piercers in Virginia equates to approximately $1,226 per week; a 1,500-hour body-piercing apprenticeship is estimated to take 38 weeks, where the 500-hour ear-piercing apprenticeship may only take 13 weeks. As a result, ear-piercers would have an additional 25 weeks of earning potential, equating to $30,650 per regulant ($1,226 x 25 weeks) or a total of $704,950 per year across Virginia ($30,650 x 23 applications per year). However, this estimate assumes that the apprentice would not earn any income during the 25 weeks of apprenticeship. DPOR does not know whether and how much compensation an apprentice receives. Thus, to the extent apprentices receive income during the apprenticeship, the $704,950 estimate would need to be reduced accordingly. The legislatively mandated new ear-piercer license would likely generate new revenues for DPOR and allow individuals entry into ear-piercing (beyond the lobe of the ear) profession by about 25 weeks earlier than before.

Guest-piercer and event salon licenses: This regulatory action also contains the discretionary creation of guest piercer and event salon licenses in response to interest from out-of-state piercers to participate in tattoo or piercing conventions held in the Commonwealth. DPOR expects approximately 832 guest piercer and 25 event salon license applications per year that would have $120 and $220 fees per application, respectively. This would generate $99,840 revenue ($120 application fee x 832 possible applicants) due to fees paid by potential guest piercer applicants and $5,500 revenue ($220 x 25 possible applicants) due to fees paid by potential event salon applicants. In addition to the application fees, guest piercers at events would likely incur fees for booth rentals. According to DPOR, the average booth rental cost is $2,200. If all 832 guest piercers rent booths at events, their total expenditures would reach $1.8 million which would be income for the convention organizers. Other expenditures by guest licensees would include payments for lodging, meals, and travel. during their stay in Virginia. However, by incurring application fees and booth rental fees, these licensees would have up to two-week access to Virginia consumers and earn income from them which they would take back to their own resident state. The expenditures by guest piercers would represent an injection to the Commonwealth economy while their net income proceeds would represent a drain. However, Virginia consumers would be the ones to decide whether the piercing they receive is worth the cost. Thus, we can assume the value of piercing received by Virginia customers would be at least as much as the cost to them whether it is the style, method, or the fashion they value over and above what is offered by Virginia piercers. Also, the additional competition brought in to the Commonwealth would be a healthy competition, thereby exposing and opening up Virginia-based piercers to the developments occurring elsewhere in the country.

Ear-piercing earlobe only individual and salon licenses: The board also proposes to largely retain the current body-piercing ear only individual and salon licenses by replacing them with ear-piercing earlobe only licenses. The earlobe only license would be limited to the use of a mechanized sterilized machine and piercing the earlobe only. The proposed scope would be more restrictive in that the earlobe only license would not allow piercing the outer perimeter of the earlobe compared to the body-piercing ear only license. Therefore, those wishing to be able to pierce the outer perimeter of the earlobe or salons for such licensees would now be subject to the 500 hours of apprenticeship requirement compared to the minimal health and safety training.

Businesses and Other Entities Affected. According to DPOR, there are 385 body-piercer ear only licensees and 106 body piercer ear only salons. In addition, approximately 23 individuals and an unknown number of salons are expected to apply for the new ear-piercing licenses annually. Moreover, approximately 832 guest piercer and 25 event salon license applications per year are expected. The regulation applies to all individual licensees and salons the same without disproportionally affecting any particular regulant. 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 The discretionary change to create a guest piercer and an event salon licenses would be optional to those out of state licensees who are interested in participating in Virginia conventions. Thus, that change is not expected to have an adverse impact on regulants. However, another discretionary change would limit the scope of the body-piercing ear only license to exclude piercing of the outer perimeter of the ear unless such persons obtain 500 hours of apprenticeship. Thus, an adverse impact on individuals interested in piercing the outer parameter of the ear with a mechanized device and without having to obtain a body piercing license would be indicated.

Small Businesses6 Affected.7 According to DPOR, salon licenses are issued to business entities, many of which are likely to be small businesses. Under the proposal, applicants for the new salon ear-piercing earlobe license would be subject to more restrictive requirements in that they would not be able to offer piercing services for the outer perimeter of the ear. Thus, an adverse impact is indicated.

Types and Estimated Number of Small Businesses Affected: Currently, there are 106 body-piercer ear only salons. However, there is no estimate on the potential future applicants for this type of salon license. Costs and Other Effects: Under the proposal, applicants for the new salon ear-piercing earlobe license would be subject to more restrictive requirements in that they would not be able to offer piercing services for outer perimeter of the ear. Alternative Method that Minimizes Adverse Impact: There is no clear alternative method that both reduces the adverse impact and meets the intended policy goals.

Localities8 Affected.9 The proposed regulation does not create costs for localities, nor does it disproportionally affect any particular locality.

Projected Impact on Employment. The proposed amendments would allow out of state pierces to temporarily work at conventions held in the Commonwealth adding to the supply of such professionals. However, services offered by out of state ear-piercers may also reduce demand for services offered by Virginia piercers. Thus, whether the net effect on employment would be significant or not is not known. Additionally, the proposal to limit the scope of the ear-piercing only license may discourage future applications for that type of license.

Effects on the Use and Value of Private Property. To the extent services offered by out of state piercers reduce demand and revenues for the Virginia licensees, there would be a negative impact on asset values of Virginia salon licensees. However, whether such demand would be significant is not known as these conventions may create their on demand that would not have existed if it were not for the convention due to new styles, methods, or other innovations. Additionally, the future ear-piercing earlobe only salons would now have to hire piercers who completed 500-hour apprenticeship possibly at a higher cost thereby reducing their asset values. No impact on real estate development costs is expected.

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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 https://lis.virginia.gov/bill-details/20251/HB2680/text/CHAP0308.

3 The board plans to address ear-piercing school requirements in separate action in the future.

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 for Barbers and Cosmetology provides the following clarification regarding the economic impact analysis prepared by the Department of Planning and Budget regarding the impact of the proposed regulation on future ear-piercing earlobe only salons. Under the proposed regulation, a salon that is currently licensed to operate as a body-piercing ear only salon that wishes to provide piercing services that fall within the scope of practice of ear-piercing would need to obtain a license as a an ear-piercing salon and ensure that those who provide ear-piercing services are licensed as either an ear-piercer or body-piercer, to include completion of the appropriate training through apprenticeship. However, such salons would be permitted to provide ear-piercing earlobe only services, which could be provided by individuals who are licensed as earlobe only ear-piercers. Other than that clarification, the board concurs with the analysis.

Summary:

Pursuant to Chapters 308 and 322 of the 2025 Acts of Assembly, the amendments (i) create a new ear-piercing license for individuals, an ear-piercing salon license, and an ear-piercing apprenticeship; (ii) create guest piercer and event piercer salon licenses for out-of-state piercers; and (iii) replace the current body-piercing ear only license with the ear-piercing earlobe only license.

18VAC41-60-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. All terms defined in Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia are incorporated in this chapter.

"Apprenticeship program" means an approved body-piercing or ear-piercing training program conducted by an approved apprenticeship sponsor.

"Apprenticeship sponsor" means an individual approved to conduct body-piercing or ear-piercing apprenticeship training who meets the qualifications in 18VAC41-60-70.

"Aseptic technique" means a hygienic practice that prevents and hinders the direct transfer of microorganisms, regardless of pathogenicity, from one person or place to another person or place.

"Body piercer ear only" means any person who uses only a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both for compensation.

"Body piercing ear only" means the use of a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.

"Body-piercing ear only salon" means any place in which a fee is charged for the act of using a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Ear-piercer earlobe only" means any person who uses only a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear for compensation.

"Ear-piercing earlobe only" means the use of a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear.

"Ear-piercing earlobe only salon" means any place where a fee is charged for the act of using a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear.

"Endorsement" means a method of obtaining a license by a person who is currently licensed in another state or jurisdiction of the United States.

"Event piercer salon" means a body-piercing or ear-piercing salon temporary location licensed to operate for a maximum of seven consecutive days.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Gratuitous services" as used in § 54.1-701.5 of the Code Virginia means providing body-piercing or ear-piercing services without receiving compensation or reward, or obligation. Gratuitous services do not include services provided at no charge when goods are purchased.

"Guest piercer" means a body-piercer or ear-piercer residing outside of Virginia who is licensed only to work for a two-week period at a piercing salon or piercing convention.

"Guest piercer sponsor" means a licensed body-piercing or ear-piercing salon that is sponsoring and providing direct supervision of a guest piercer.

"Licensee" means any person, partnership, corporation, limited liability company, sole proprietorship, limited liability partnership, or any other form of organization permitted by law holding a license issued by the Board for Barbers and Cosmetology as defined in § 54.1-700 of the Code of Virginia.

"Piercing convention" means an event where Virginia and out-of-state body-piercers or ear-piercers gather for no more than seven consecutive days to offer body-piercing and ear-piercing services to the public.

"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license for another period of time.

"Responsible management" means the following individuals:

1. The sole proprietor of a sole proprietorship;

2. The partners of a general partnership;

3. The managing partners of a limited partnership;

4. The officers of a corporation;

5. The managers of a limited liability company;

6. The officers or directors of an association or both; and

7. Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Sole proprietor" means any individual, not a corporation, who is trading under that individual's own name or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.

"Sterilization area" means a separate room or area separate from workstations with restricted client access in which body-piercing or ear-piercing instruments are cleaned, disinfected, and sterilized.

"Temporary location" means a fixed location at which body piercing body-piercing or ear-piercing is performed for a specified length of time of not more than seven days in conjunction with a single event or convention.

18VAC41-60-20. General requirements.

A. Any individual wishing who wants to engage in body piercing shall body-piercing or ear-piercing must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

1. The applicant shall must be in good standing as a body piercer body-piercer or ear-piercer in every jurisdiction where licensed, certified, or registered. The applicant shall must disclose to the board at the time of application for licensure any disciplinary action taken in Virginia or any other jurisdiction in connection with the applicant's practice as a body piercer body-piercer or ear-piercer. This disclosure includes monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall must disclose to the board at the time of application for licensure if the applicant has been previously licensed in Virginia as a body piercer body-piercer or ear-piercer.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein who the board deems the applicant is unfit or unsuited to engage in body piercing and body piercing ear only body-piercing, ear-piercing, or ear-piercing earlobe only. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea shall be considered a disciplinary action for the purposes of this subdivision. The applicant shall must provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action.

2. The applicant shall must disclose the applicant's physical address. A post office box is not acceptable.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing and ear-piercing license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application; and

b. All felony convictions within 20 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

5. The applicant shall must provide evidence satisfactory to the board that the applicant has passed the respective board-approved examination, administered either by the board or by a designated testing service.

B. Eligibility to sit for a board-approved body-piercer examination.

1. Training in the Commonwealth of Virginia. Any person completing an approved body-piercing apprenticeship program in a Virginia licensed body-piercing salon shall be one of the following programs is eligible to sit for the an examination.:

a. An approved body-piercing apprenticeship program in a Virginia licensed body-piercing salon; or

b. An approved ear-piercing apprenticeship program in a Virginia licensed body-piercing or ear-piercing salon.

2. Training outside of the Commonwealth of Virginia, but within the United States or jurisdiction of the United States. Any person completing a body-piercing or ear-piercing training or apprenticeship program that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board documentation of the successful completion of training or apprenticeship to be eligible for examination. If less fewer than the required hours of body-piercing or ear-piercing training or body-piercing or ear-piercing apprenticeship was were completed, an applicant must submit (i) documentation acceptable to the board verifying the completion of a substantially equivalent body-piercing or ear-piercing training or body-piercing or ear-piercing apprenticeship or documentation of three years of work experience within the preceding five years as a body piercer body-piercer or ear-piercer and (ii) documentation of completion of a minimum of five hours of health education to include (a) bloodborne disease, sterilization, and aseptic techniques related to body piercing body-piercing or ear-piercing; (b) first aid; and (c) CPR that is acceptable to the board in order to be eligible for examination.

C. In order to receive a license as a body piercer ear only an ear-piercer earlobe only, an applicant must meet the following qualifications:

1. The applicant shall must have completed a minimum of three hours of board-approved health education to include bloodborne disease and first aid that is acceptable to the board and provide verification of training on a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both and aftercare of piercing.

2. The applicant shall must be in good standing in every jurisdiction where licensed, certified, or registered. The applicant shall must disclose to the board at the time of application for licensure any disciplinary action taken in another jurisdiction in connection with the applicant's licensed, certified, or registered practice. The applicant shall must disclose to the board at the time of application for licensure whether he the applicant has been previously licensed in Virginia in any profession regulated by the board.

3. The applicant shall must disclose the applicant's physical address. A post office box is not acceptable.

4. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing and ear-piercing license laws and the board's body-piercing regulations.

5. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application; and

b. All felony convictions within 20 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

18VAC41-60-30. License by endorsement.

Upon proper application to the board, any person currently licensed to practice as a body piercer body-piercer or ear-piercer in any other state or jurisdiction of the United States and who has completed a training or apprenticeship program and an examination that is substantially equivalent to that required by this chapter may be issued a body piercer body-piercer or ear-piercer license without an examination. The applicant must also meet the requirements set forth in 18VAC41-60-20 A 1 through A 4 and provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing or ear-piercing; (ii) first aid; and (iii) CPR.

18VAC41-60-70. General requirements for a body-piercing an apprenticeship sponsor.

A. Upon filing an application with the Board for Barbers and Cosmetology, any person meeting the qualifications set forth in this section may be eligible Any individual who wants to sponsor a body-piercing apprentice if the person must meet the following qualifications:

1. Holds The applicant must hold and maintain a current Virginia body-piercing license;

2. Provides The applicant must provide documentation of legally practicing body piercing body-piercing for at least five years; and

3. Provides The applicant must provide documentation indicating that he the applicant is in good standing in all jurisdictions where the practice of body piercing body-piercing is regulated.

B. Apprenticeship sponsors shall be required to maintain a body-piercer license. Any individual who wants to sponsor an ear-piercing apprentice must meet the following qualifications:

1. The applicant must hold and maintain a current Virginia body-piercing or ear-piercing license;

2. The applicant must provide documentation of legally practicing body-piercing or ear-piercing for at least five years; and

3. The applicant must provide documentation indicating that the applicant is in good standing in all jurisdictions where the practice of body-piercing or ear-piercing is regulated.

C. Apprenticeship sponsors shall ensure compliance with the 1500-hour Body-Piercing Apprenticeship Program and Body-Piercing Apprenticeship Standards, or the 500-hour Ear-Piercing Apprenticeship Program and Ear-Piercing Apprenticeship Standards, as applicable.

18VAC41-60-80. Salon General requirements for a salon or event salon license.

A. Any firm wishing that wants to operate a body-piercing salon or body-piercing ear only salon, ear-piercing salon, ear-piercing earlobe only salon, or event piercing salon shall obtain a salon license in compliance with § 54.1-704.1 of the Code of Virginia and shall meet the following qualifications in order to receive a license:

1. The applicant and all members of the responsible management shall be in good standing as a licensed salon in Virginia and all other jurisdictions where licensed. The applicant and all members of the responsible management shall disclose to the board at the time of application for licensure any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's operation of any body-piercing salon or body-piercing ear only, ear-piercing salon, ear-piercing earlobe only salon, or event piercing salon or practice of the profession. This disclosure includes monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant or any member of the responsible management has been previously licensed in Virginia as a body-piercing salon or body-piercing ear only, ear-piercing salon, ear-piercing earlobe only salon, or event piercing salon.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein it that the board deems the applicant is unfit or unsuited to engage in the operation of a body-piercing salon or body-piercing ear only, ear-piercing salon, ear-piercing earlobe only salon, or event piercing salon. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea shall be considered a disciplinary action for the purposes of this subdivision. The applicant shall provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action.

2. The applicant shall disclose his the applicant's physical address. A post office box is not acceptable.

3. The applicant shall sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose the following information about the firm and all members of the responsible management regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application; and

b. All felony convictions within 20 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

5. The applicant shall disclose the firm's responsible management.

B. A body-piercing Body-piercing, ear-piercing, ear-piercing earlobe only, or event piercing salon license or body-piercing ear only salon license licenses shall not be transferable and shall bear the same name and address of the business entity. Any changes in the name or address of the salon shall be reported to the board in writing within 30 days of such changes. New responsible management shall be responsible for applying for a new license within 30 days of the changes.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the firm shall apply for a new license within 30 days of the change in the business entity. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

D. Any change in the officers of a corporation, managers of a limited liability company, or officers or directors of an association shall be reported to the board in writing within 30 days of the change.

E. Any firm wishing that wants to operate a body-piercing or ear-piercing salon in a temporary location must have a body-piercing salon or ear-piercing license, as applicable, issued by the board.

F. Any piercing salon that wants to host a guest piercer must identify itself as the guest piercer sponsor and must provide direct supervision of any piercing by the guest piercer.

G. An event piercer salon license is effective for seven consecutive days prior to the expiration date. Any firm that wants to operate an event piercing salon must submit an application to the board at least 45 days prior to the date for which approval is sought.

H. A firm may obtain a maximum of five event piercing salon licenses within a calendar year.

I. The board or any of the board's agents shall be allowed to inspect during reasonable hours any licensed salon for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

18VAC41-60-81. Guest piercer license.

A. A guest body-piercer or ear-piercer license is effective for 14 days prior to the expiration date.

B. An out-of-state resident may apply for and obtain up to five guest piercer licenses per calendar year.

C. For each calendar year, a guest piercer applicant must meet the following qualifications:

1. Requirements set forth in 18VAC41-60-20 A 1 through A 4.

2. Present documentation showing out-of-state residency.

3. Documentation of board-approved health education knowledge to include (i) bloodborne disease, sterilization, and aseptic techniques related to body-piercing or ear-piercing; (ii) first aid; and (iii) CPR.

D. A guest piercer must provide documentation with each application showing the guest piercer sponsor, including a signature of sponsor salon's responsible management.

E. A guest piercer must provide the name and license number of the guest piercer's sponsor and the duration of the guest piercer's piercing services for all guest piercer locations.

18VAC41-60-82. Guest piercer sponsor.

A. The licensed body-piercing salon sponsoring a guest piercer must ensure that the guest piercer:

1. Has a valid, current guest piercing license for the entire duration of the guest piercer piercing at the salon.

2. Is directly supervised by a licensed piercer. A body-piercer may directly supervise a guest body-piercer or ear-piercer. An ear-piercer may only directly supervise a guest ear piercer.

3. Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

B. The licensed ear-piercing salon sponsoring a guest ear-piercer must ensure that the guest ear-piercer:

1. Has a valid, current guest ear-piercing license for the entire duration of the guest ear piercer's ear-piercing at the salon.

2. Is directly supervised by a licensed body-piercer or ear-piercer.

3. Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

C. With the exception of piercing conventions, a member of the guest piercer sponsor's responsible management must sign the guest piercer application certifying that the sponsor will ensure the requirements of subsections A and B of this section are met.

D. The guest piercer sponsor is responsible for the acts or omissions of the guest piercer in the performance of body-piercing or ear-piercing, respectively.

18VAC41-60-110. License renewal required.

A. All body piercer body-piercer, body piercer ear ear-piercer, ear-piercer earlobe only, body-piercing salon, ear-piercing salon, and body-piercing ear ear-piercing earlobe only salon licenses shall expire two years from the last day of the month in which they were issued.

B. Guest piercer licenses shall expire 14 days after the effective date of the license and may not be renewed.

18VAC41-60-120. Continuing education requirement.

All licensed body piercers shall be required to body-piercers and ear-piercers must satisfactorily complete a minimum of five hours of board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to body piercing body-piercing or ear-piercing; (ii) first aid; and (iii) CPR during their licensed term. All licensed body piercers ear only shall be required to ear-piercers earlobe only must satisfactorily complete a minimum of three hours of board-approved health education to include bloodborne disease and first aid during their licensed term. Documentation of training completion shall must be provided at the time of renewal along with the required fee.

18VAC41-60-130. Notice of renewal.

The Department of Professional and Occupational Regulation will mail a renewal notice to the licensee outlining the procedures for renewal. Failure to receive this notice, however, shall does not relieve the licensee of the obligation to renew. If the licensee fails to receive the renewal notice, a copy of the old license may be submitted as evidence of intent to renew, along with the required fee.

18VAC41-60-140. Failure to renew.

A. When an individual or business entity fails to renew its license within 30 days following its expiration date, the licensee shall must meet the renewal requirements prescribed in 18VAC41-60-120 and 18VAC41-60-130 and apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application along with the required renewal and reinstatement fees.

B. When an individual or business entity fails to renew its license within two years following the expiration date, reinstatement is no longer possible. To resume practice:

1. The former licensee shall must apply for licensure as a new applicant, shall must meet all current application requirements, shall pass the board's current examination if applicable, and shall receive a new license.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to 18VAC41-60-20 A 6 shall must submit a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five years of licensed experience, and pass the required examination.

C. The date a renewal fee is received by the Department of Professional and Occupational Regulation, or its agent, will be used to determine whether the requirement for reinstatement of a license is applicable and an additional fee is required.

D. When a license is reinstated, the licensee shall will have the same license number and shall will be assigned an expiration date two years from the date of the last day of the month of reinstatement.

E. A licensee that reinstates its license shall will be regarded as having been continuously licensed without interruption. Therefore, a licensee shall will be subject to the authority of the board for activities performed prior to reinstatement.

F. A licensee that fails to reinstate its license shall will be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter shall divest divests the board of its authority to discipline a licensee for a violation of the law or regulations during the period of time for which the individual was licensed.

Part V

Body-Piercing Apprenticeship Programs

18VAC41-60-150. Applicants for board approval.

A. Any person desiring to enroll in the body-piercing or ear-piercing apprenticeship program shall must be required to provide documentation of satisfactory completion of a minimum of five hours of board-approved health education to include but not limited to blood borne bloodborne disease, sterilization, and aseptic techniques related to body piercing body-piercing or ear-piercing, and first aid and CPR.

B. Any body piercer body-piercer or ear-piercer desiring approval to perform the duties of an apprenticeship sponsor and offer the board's body-piercing or ear-piercing apprenticeship program shall meet the requirements in 18VAC41-60-70.

C. All body-piercing apprenticeship training shall must be conducted in a body-piercing salon that has met the requirements of 18VAC41-60-80. All ear-piercing apprenticeship training must be conducted in a body-piercing or ear-piercing salon that has met the requirements of 18VAC41-60-80.

18VAC41-60-165. Ear-piercing apprenticeship curriculum requirements.

Ear-piercing apprenticeship curriculum requirements are set out in this section:

1. Microbiology:

a. Microorganisms, viruses, bacteria, and fungi;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

2. Immunization:

a. Types of immunizations;

b. Hepatitis A through G transmission and immunization;

c. HIV or AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the ear-piercer and client.

3. Sanitation and disinfection:

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Pre-service sanitation procedure; and

f. Post-service sanitation procedure.

4. Safety:

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Safety Data Sheets (SDS);

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid and CPR.

5. Bloodborne pathogen standards:

a. OSHA and CDC bloodborne pathogen standards;

b. Control Plan for bloodborne pathogens;

c. Exposure Control Plan for Ear-Piercers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

6. Professional standards:

a. History of ear-piercing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) Health Insurance Portability and Accountability Act of 1996 Privacy Rule (HIPAA) Standards;

d. Preparing station, making appointments, salon ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele;

e. Salon management:

(1) Licensing requirements; and

(2) Taxes;

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

7. Ear-piercing:

a. Client consultation;

b. Client health information;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment;

h. Material selection and use;

i. Grade of jewelry; and

j. Metals to use.

8. Ear-piercing procedures:

a. Ear lobe;

b. Helix - ear;

c. Concha - ear; and

d. Tragus - ear.

9. Virginia body-piercing laws and regulations.

18VAC41-60-175. Ear-piercing hours of instruction and performances.

A. Curriculum requirements specified in 18VAC41-60-165 must be taught over a minimum of 500 hours as follows:

1. 150 hours must be devoted to theory pertaining to subdivisions 1, 2, 4, 5, 6, and 9 of 18VAC41-60-165;

2. 50 hours must be devoted to theory pertaining to subdivision 3 of 18VAC41-60-165; and

3. The remaining 300 hours must be devoted to practical training and the following performances pertaining to subdivision 7 and 8 of 18VAC41-60-165:

Ear-Piercing Performances

Ear lobe

minimum of 15

Helix - ear

minimum of 10

Concha - ear

minimum of 10

Tragus - ear

minimum of 5

Total

40

B. An approved ear-piercing apprenticeship program may conduct an assessment of an apprentice's competence in the theory and practical requirements for ear-piercing and, based on the assessment, give a maximum of 225 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall be allowed for the 50 hours required in subdivision A 2 of this section.

18VAC41-60-180. Display of license.

A. Each The responsible management for each body-piercing, ear-piercing, or ear-piercing earlobe only salon owner or body-piercing ear only salon owner shall must ensure that all current licenses issued by the board shall be are displayed in the reception area of the salon in plain view of the public. Duplicate licenses shall be posted in a like manner in every salon location where the licensee provides services.

B. Each The responsible management for each body-piercing salon or body-piercing ear, ear-piercing, or ear-piercing earlobe only salon owner shall must ensure that no licensee or apprentice performs any service beyond the scope of practice for the applicable license.

C. Each The responsible management for each body-piercing salon or body-piercing ear, ear-piercing, or ear-piercing earlobe only salon owner shall must offer to licensees and apprentices the full series of Hepatitis B vaccine.

D. Each The responsible management for each body-piercing salon or body-piercing ear, ear-piercing, or ear-piercing earlobe only salon owner shall must maintain a record for each licensee or apprentice of:

1. Proof of completion of the full series of Hepatitis B vaccine;

2. Proof of immunity by blood titer; or

3. Written declaration of refusal of the owner's offer of a full series of Hepatitis B vaccine.

E. All licensees shall must operate under the name in which the license is issued.

18VAC41-60-190. Physical facilities.

A. A body-piercing, ear-piercing, or ear-piercing earlobe only salon or body-piercing ear only salon must be in a permanent building, which must be in a location permissible under local zoning codes, if any. If applicable, the body-piercing salon or body-piercing ear, ear-piercing, or ear-piercing earlobe only salon shall must be separated from any living quarters by complete floor to ceiling partitioning and shall contain no access to living quarters.

B. The body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location shall must be maintained in a clean and orderly manner.

C. A body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location shall must have a blood spill clean-up kit in the work area.

D. Work surfaces in a body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location shall must be cleaned with a U.S. Environmental Protection Agency (EPA) registered, hospital grade hospital-grade disinfectant. Surfaces that come in contact with blood or other body fluids shall be immediately disinfected with an EPA-registered germicide solution. Appropriate personal protective equipment shall be worn during cleaning and disinfecting procedures.

E. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location, cabinets or containers for the storage of instruments, single-use articles, and other utensils shall be provided for each operator and shall must be maintained in a sanitary manner.

F. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location, bulk single-use articles shall must be commercially packaged and handled in such a way as to protect the articles from contamination.

G. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location, all materials applied to the human skin shall must be from single-use articles or transferred from bulk containers to single use single-use containers and shall must be disposed of after each use.

H. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon or body-piercing ear only salon temporary location, the walls, ceilings, and floors shall must be kept in good repair. The body-piercing or ear-piercing area shall must be constructed of smooth, hard, surfaces that are nonporous, free of open holes or cracks, light colored, and easily cleaned. New physical facilities shall must not include any dark-colored surfaces in the body-piercing or ear-piercing area. Existing physical facilities with dark-colored surfaces in the body-piercing or ear-piercing area shall must replace the dark-colored surfaces with light-colored surfaces whenever the facilities are extensively remodeled or upon relocation of the business entity.

I. A body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location shall must have adequate lighting of at least 50 foot-candles of illumination in the body-piercing and sterilization areas.

J. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location, adequate mechanical ventilation shall must be provided.

K. A body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location shall must be equipped with hand-cleaning facilities for its personnel with unobstructed access to the body-piercing, ear-piercing, or ear-piercing earlobe only area or body-piercing ear only area such that the body piercer or body piercer ear only body-piercer, ear-piercer, or ear-piercer earlobe only can return to the area without having to touch anything with his hands. Hand-cleaning facilities shall must be equipped either with hot and cold or tempered running water under pressure and liquid germicidal soap or with a sanitizing solution to clean hands. Hand-cleaning facilities shall must be equipped with single-use towels or mechanical hand drying devices and a covered refuse container. Such facilities shall must be kept clean and in good repair. All facilities must have running water and soap accessible for cleaning of hands contaminated by body fluids.

L. Animals No animals are not permitted in the body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location, except for guide or service animals accompanying persons with disabilities or nonmammalian animals in enclosed glass containers such as fish aquariums, which shall must be outside of the body-piercing or ear-piercing area or sterilization area. No animals are allowed in the body-piercing, ear-piercing, or ear-piercing earlobe only area, body-piercing ear only area, or sterilization area.

M. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location, the use of tobacco products and consumption of alcoholic beverages shall be prohibited in the body-piercing, ear-piercing, or ear-piercing earlobe only area, body-piercing ear only area, or sterilization area.

N. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location, no food or drink will be stored or consumed in the body-piercing, ear-piercing, or ear-piercing earlobe only area, body-piercing ear only area, or sterilization area.

O. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location, if body-piercing, ear-piercing, or body-piercing ear ear-piercing earlobe only is performed where cosmetology services are provided, it shall those services must be performed in an area that is separate and enclosed.

P. All steam sterilizers shall must be biological spore tested at least monthly.

Q. Biological spore tests shall must be verified through an independent laboratory.

R. Biological spore test records shall must be retained for a period of three years and made available upon request.

S. Steam sterilizers shall must be used only for instruments used by the salon's employees.

18VAC41-60-200. Body piercer Body-piercer, ear-piercer, and body piercer ear ear-piercer earlobe only responsibilities.

A. All body piercers and body piercers ear body-piercers, ear-piercers, and ear-piercers earlobe only shall must provide to the responsible management one of the following:

1. Proof of completion of the full series of Hepatitis B vaccine;

2. Proof of immunity by blood titer; or

3. Written declaration of refusal of the responsible management offer of a full series of Hepatitis B vaccine.

B. All body piercers and body piercers ear body-piercers, ear-piercers, and ear-piercers earlobe only shall must wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty.

C. All body piercers and body piercers ear body-piercers, ear-piercers, and ear-piercers earlobe only shall must clean their hands thoroughly using hot or tempered water with a liquid germicidal soap or use sanitizing solution to clean hands before and after body piercing body-piercing and as necessary to remove contaminants.

D. All body piercers and body piercers ear body-piercers, ear-piercers, and ear-piercers earlobe only must wear single-use examination gloves while assembling instruments and another pair of single-use examination gloves while providing piercing services.

E. Each time there is an interruption in the service, each time the gloves become torn or perforated or become contaminated, or whenever the ability of the gloves to function as a barrier is compromised:

1. Gloves shall be removed and disposed of; and

2. Hands shall be cleaned and a fresh pair of gloves used.

F. Body piercers Body-piercers, ear-piercers, and body piercers ear ear-piercers earlobe only shall must use standard precautions while providing piercing services. A body piercer or body piercer ear only body-piercer, ear-piercer, or ear-piercer earlobe only diagnosed with a communicable disease shall must provide to the Department of Professional and Occupation Regulation a written statement from a health care practitioner that the body piercer's body-piercer's, ear-piercer's, or ear-piercer's earlobe only condition no longer poses a threat to public health.

G. Body piercers Body-piercers, ear-piercers, and body piercers ear ear-piercers earlobe only with draining lesions on their hands or face will not be permitted to work until cleared by a health care professional.

H. The area of the client's skin to be pierced shall must be cleaned with an approved germicidal soap or antiseptic product according to label directions.

I. The external skin of the client to be pierced shall must be cleaned with an approved germicidal soap or antiseptic product according to the label directions. In the case of oral piercings, the operator shall must provide the individual with antiseptic mouthwash in a single-use cup and shall must ensure that the individual utilizes the mouthwash provided. In the case of a lip, labret, or cheek piercing, procedures described in this subsection for both skin and oral piercings shall must be followed.

J. If shaving is required, razors shall must be single-use and disposed of in a puncture-resistant container.

K. Each body piercer body-piercer, ear-piercer, or body piercer ear ear-piercer earlobe only performing any piercing procedures in the salon shall must have the education, training, and experience, or any combination thereof, to practice aseptic technique and prevent the transmission of bloodborne pathogens. All procedures shall must be performed using aseptic technique.

L. An individual, single-use, pre-sterilized piercing needle shall must be used for each client. Single-use disposable instruments shall must be disposed of in a puncture-resistant container.

M. Used, nondisposable instruments shall be kept in a separate, puncture-resistant container until brush scrubbed in hot water soap and then sterilized by autoclaving. Contaminated instruments shall be handled with disposable gloves.

N. Used nondisposable instruments that are ultrasonically cleaned shall must be rinsed under running hot water prior to being placed in the used instrument container.

O. Used nondisposable instruments that are not ultrasonically cleaned prior to being placed in the used instrument container shall must be kept in a germicidal or soap solution until brush scrubbed in hot water and soap and sterilized by autoclaving.

P. The ultrasonic unit shall must be sanitized daily with a germicidal solution.

Q. Nondisposable instruments shall must be sterilized and shall must be handled and stored in a manner to prevent contamination. Instruments to be sterilized shall must be sealed in bags made specifically for the purpose of autoclave sterilization and shall must include the date of sterilization. If nontransparent bags are utilized, the bag shall must also list the contents.

R. Autoclave sterilization bags with a color code indicator that changes color upon proper sterilization shall must be utilized during the autoclave sterilization process.

S. Nondisposable instruments shall must be placed in the autoclave in a manner to allow live steam to circulate around them.

T. Contaminated disposable and single-use items shall must be disposed of in accordance with federal and state regulations regarding disposal of biological hazardous materials.

U. The manufacturer's written instruction of the autoclave shall be followed.

18VAC41-60-210. Body-piercing and ear-piercing client qualifications, disclosures, and records.

A. Except as permitted in § 18.2-371.3 of the Code of Virginia, a client must be a minimum of 18 years of age and shall must present at the time of the body piercing body-piercing or ear-piercing a valid, government-issued, positive identification card, including, but not limited to, a driver's license, passport, or military identification. The identification must contain a photograph of the individual and a printed date of birth.

B. The body piercer shall body-piercer or ear-piercer must verify and document in the permanent client record the client's age, date of birth, and the type of identification provided.

C. No person may be body or ear pierced who appears to be under the influence of alcohol or drugs.

D. Body piercing shall Body-piercing or ear-piercing must not be performed on any skin surface that manifests any evidence of unhealthy conditions such as rashes, boils, infections, or abrasions.

E. Before receiving a body piercing body-piercing or ear-piercing, each client and client's parent or guardian, if applicable, shall must be informed verbally and in writing, using the client disclosure form prescribed by the board, about the possible risk and dangers associated with the application of each body piercing body-piercing or ear-piercing. Signatures of the client, the client's parent or guardian, if applicable, and the body piercer shall body-piercer or ear-piercer must be required on the client disclosure form to acknowledge receipt of both the verbal and written disclosures. Each client and client's parent or guardian, if applicable, shall must be informed verbally and in writing of aftercare for each piercing.

F. The body-piercing or ear-piercing salon or temporary location shall must maintain proper records for each client. The information shall must be permanently recorded and made available for examination by the department or authorized agent. Records shall must be maintained at the body-piercing or ear-piercing salon for at least two years following the date of the last entry. The temporary location client records shall must be maintained by the license holder. The permanent records shall must include the following:

1. The name, address, and telephone number of the client;

2. The date body piercing body-piercing was performed;

3. The client's age, date of birth, and a copy of the positive identification provided to the body piercer body-piercer or ear-piercer;

4. The specific type of jewelry used for the piercing and, when available, the manufacturer's catalogue or identification number for the type of jewelry used;

5. The location on the body where the body piercing body-piercing or ear-piercing was performed;

6. The name of the body piercer body-piercer or ear-piercer;

7. A statement that the client has received a copy of applicable written care instructions and that the client has read and understands the instructions; and

8. The signature of the client and, if applicable, parent or guardian.

18VAC41-60-220. Grounds for license revocation or suspension or probation; denial of application, renewal, or reinstatement; or imposition of a monetary penalty.

The board may, in considering the totality of the circumstances, fine any licensee and suspend, place on probation, or revoke or refuse to renew or reinstate any license, or deny any application issued under the provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this chapter if the board finds that the licensee or applicant:

1. Is incompetent or negligent in practice, or incapable mentally or physically, as those terms are generally understood in the profession, to (i) practice as a body piercer body-piercer, ear-piercer, or body piercer ear ear-piercer earlobe only, or (ii) operate a body piercing body-piercing, ear-piercing, or ear-piercing earlobe only salon;

2. Is convicted of fraud or deceit in the practice body piercing of body-piercing, ear-piercing, or body piercing ear ear-piercing earlobe only;

3. Attempted Attempts to obtain, obtained or obtains, renewed renews, or reinstated reinstates a license by false or fraudulent representation;

4. Violates or induces others to violate, or cooperates with others in violating, any of the provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or any local ordinance or regulation governing standards of health and sanitation of the establishment in which body piercers body piercers, ear-piercers, or body piercers ear ear-piercers earlobe only may practice or offer to practice;

5. Offers, gives, or promises anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent in the performance of the employee's duties any federal, state, or local law, regulation, or ordinance governing body piercing body-piercing, ear-piercing, or ear-piercing earlobe only as defined in § 54.1-700 of the Code of Virginia;

6. Fails to respond to the board or any of its agents or provides false, misleading, or incomplete information to an inquiry by the board or any of its agents;

7. Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed salon for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54 of the Code of Virginia or this chapter;

8. Fails to produce, upon request or demand of the board or any of its agents, any document, book, record, or copy thereof in a licensee's or responsible management management's possession or maintained in accordance with this chapter;

9. Fails to notify the board of a change of name or address in writing within 30 days of the change for each and every license;

10. Makes any misrepresentation or publishes or causes to be published any advertisement that is false, deceptive, or misleading;

11. Fails to notify the board in writing within 30 days of the suspension, revocation, or surrender of a license, certificate, or permit in connection with a disciplinary action in any other jurisdiction or of any license, certificate, or permit which has been the subject of disciplinary action in any other jurisdiction;

12. Has been convicted or found guilty, regardless of the manner of adjudication in Virginia or any other jurisdiction of the United States, of a misdemeanor involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction or guilt;

13. Fails to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty regardless of adjudication of any convictions as stated in subdivision 12 of this section;

14. Allows, as responsible management of a salon, a person who has not obtained a license to practice as a body piercer body-piercer, ear-piercer, or body piercer ear ear-piercer earlobe only, unless the person is duly enrolled as an apprentice;

15. Fails to take sufficient measures to prevent transmission of communicable or infectious diseases or fails to comply with sanitary requirements provided for in this chapter or any local, state, or federal law or regulation governing the standards of health and sanitation for the practice of body piercing body-piercing, ear-piercing, or ear-piercing earlobe only, or the operation of body-piercing, ear-piercing, or ear-piercing earlobe only salon or body-piercing ear only salon; or

16. Fails to comply with all procedures established by the board and the testing service with regard to conduct at any board examination.

NOTICE: The following forms used in administering the regulation have been filed by the agency. Amended or added forms are reflected in the listing and are published following the listing. Online users of this issue of the Virginia Register of Regulations may also click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

FORMS (18VAC41-60)

Body Piercer Examination and License Application, A450-1241EXLIC-v16 (rev. 9/2023)

Body-Piercing Apprenticeship Sponsor Application, A450-12BPSPON-v6 (rev. 9/2023)

Body-Piercer Examination and License Application, A450-1241EXLIC-v19 (rev. 12/2025)

Body-Piercing or Ear-Piercing Apprenticeship Sponsor Application, A450-12BPSPON-v7 (eff. 12/2025)

Body-Piercing Apprentice Certification Application, A450-BP_SOA-v3 (rev. 3/2015)

Body-Piercing Apprenticeship Completion Form, A450-12BPAC-v8 (rev. 1/2020)

Body-Piercing Client Disclosure Form, A450-12BPDIS-v2 (rev. 4/2013)

Body Piercer Ear Only License Application, A450-1245LIC-v12 (rev. 8/2025)

License by Endorsement Application, A450-1213END-v20 (rev. 8/2025)

Body Piercing, Tattoo, and Permanent Cosmetic Tattoo Experience Verification Form, A450-12BPTATT_EXP-v2 (rev. 7/2022)

Salon, Shop, Spa, and Parlor License and Reinstatement Application, A450-1213BUS-v19 (rev. 8/2025)

Ear-Piercer Earlobe Only License Application, A450-1245LIC-v12 (eff. 12/2025)

License by Endorsement Application, A450-1213END-v20 (rev. 12/2025)

Ear-Piercer, Body-Piercer, and Tattooer Experience Verification Form, A450-12BPTATT_EXP-v4 (rev. 12/2025)

Salon, Shop, Spa, and Parlor License Reinstatement Application A450-1213BUS-v19 (rev. 12/2025)

Licensure Fee Notice, A450-1213FEE-v13 (rev. 8/2025)

Individuals – Reinstatement Application, A450-1213REI-v16 (rev. 8/2025)

Tattoo-Body Piercing Universal Application, A450-1231-41ULR-v4 (rev. 8/2025)

Individuals - Reinstatement Application, A450-1213REI-v18 (rev. 12/2025)

Tattoo/Body-Piercer/Ear-Piercer Universal License Recognition Application, A450-1231-41ULR-v4 (rev. 12/2025)

Ear-Piercing Apprentice Certification Application, A450-EP_SOA-v1 (eff. 12/2025)

Ear Piercing Apprenticeship Completion Form, A450-12EPAC-v1 (eff. 12/2025)

Ear-Piercing Client Disclosure Form, A450-12EPDIS-v1 (eff. 12/2025)

Change of Responsible Management Application, A450-1213CRM-v7 (rev. 12/2025)

Guest Body-Piercer/Ear-Piercer License Application, A450-1241LIC-v1 (eff. 12/2025)

Event Body-Piercer/Ear-Piercer Salon License Application, A450-0000LIC-v1 (eff. 12/2025)

VA.R. Doc. No. R26-8309; Filed October 11, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Final

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Final Regulation

REGISTRAR'S NOTICE: The Board of Medicine is claiming an exemption from the Administrative Process Act in accordance with the first enactment of Chapters 553 and 561 of the 2025 Acts of Assembly, which exempts the actions of the board relating to the adoption of regulations necessary to implement the provisions of the act; however, the department is required to provide an opportunity for public comment on any such regulations prior to their adoption.

Title of Regulation: 18VAC85-80. Regulations Governing the Practice of Occupational Therapy (amending 18VAC85-80-35; adding 18VAC85-80-36; repealing 18VAC85-80-60).

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

Effective Date: December 3, 2025.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

Summary:

Pursuant to Chapters 553 and 561 of the 2025 Acts of Assembly, the amendments add a licensure by endorsement pathway for occupational therapists.

18VAC85-80-35. Application Initial licensure requirements.

An applicant for initial licensure shall submit the following on forms provided by the board:

1. A completed application and a fee as prescribed in 18VAC85-80-26.

2. Verification of professional education in occupational therapy as required in 18VAC85-80-40.

3. Documentation of passage of the national examination as required in 18VAC85-80-50.

4. If licensed or certified in any other jurisdiction, verification that there has been no disciplinary action taken or pending in that jurisdiction.

18VAC85-80-36. Licensure by endorsement requirements.

An applicant for licensure by endorsement shall submit the following:

1. Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;

2. A completed application and fee;

3. Verification of a professional credential in occupational therapy as required in 18VAC85-80-40; and

4. A current report from the National Practitioner Data Bank.

18VAC85-80-60. Practice requirements. (Repealed.)

An applicant who has been practicing occupational therapy in another jurisdiction and has met the requirements for licensure in Virginia shall provide evidence that he has engaged in the active practice of occupational therapy as defined in 18VAC85-80-10. If the applicant has not engaged in active practice as defined in 18VAC85-80-10, he shall serve a board-approved practice of 160 hours, which is to be completed within 60 consecutive days, under the supervision of a licensed occupational therapist.

VA.R. Doc. No. R26-8403; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Final

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Final Regulation

REGISTRAR'S NOTICE: The Board of Medicine is claiming an exemption from the Administrative Process Act in accordance with the first enactment of Chapters 553 and 561 of the 2025 Acts of Assembly, which exempts the actions of the board relating to the adoption of regulations necessary to implement the provisions of the act; however, the department is required to provide an opportunity for public comment on any such regulations prior to their adoption.

Title of Regulation: 18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists (amending 18VAC85-140-50, 18VAC85-140-60; adding 18VAC85-140-51).

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.

Effective Date: December 3, 2025.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Board of Medicine, Perimeter Center 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

Summary:

Pursuant to Chapters 561 and 553 of the 2025 Acts of Assembly, the amendments add a licensure by endorsement pathway for polysomnographic technologists.

18VAC85-140-50. Application Initial licensure requirements.

An applicant for initial licensure shall submit the following on forms provided by the board:

1. A completed application and a fee as prescribed in 18VAC85-140-40.

2. Verification of a professional credential in polysomnographic technology as required in 18VAC85-140-60.

3. Verification of practice as required on the application form.

4. If licensed or certified in any other jurisdiction, documentation of any disciplinary action taken or pending in that jurisdiction.

18VAC85-140-51. Licensure by endorsement.

An applicant for licensure by endorsement shall submit the following:

1. Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;

2. A completed application and fee;

3. Verification of a professional credential in polysomnographic technology as required in 18VAC85-140-60;

4. Documentation of current certification in Basic Life Support for Health Care Providers with a hands-on practice training evaluation segment; and

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

18VAC85-140-60. Licensure requirements.

A. An applicant for a license initial licensure to practice as a polysomnographic technologist shall provide documentation of one of the following:

1. Current certification as a Registered Polysomnographic Technologist (RPSGT) by the Board of Registered Polysomnographic Technologists;

2. Documentation of the Sleep Disorders Specialist credential from the National Board of Respiratory Care (NBRC-SDS); or

3. A professional certification or credential approved by the board from an organization or entity that meets the accreditation standards of the Institute for Credentialing Excellence.

B. An applicant for licensure shall provide documentation of current certification in Basic Life Support for Health Care Providers with a hands-on practice training evaluation segment.

VA.R. Doc. No. R26-8405; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Final

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Final Regulation

REGISTRAR'S NOTICE: The Board of Medicine is claiming an exemption from the Administrative Process Act in accordance with the first enactment of Chapters 553 and 561 of the 2025 Acts of Assembly, which exempts the actions of the board relating to the adoption of regulations necessary to implement the provisions of the act; however, the department is required to provide an opportunity for public comment on any such regulations prior to their adoption.

Title of Regulation: 18VAC85-150. Regulations Governing the Practice of Behavior Analysis (amending 18VAC85-150-50, 18VAC85-150-60; adding 18VAC85-150-51).

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.

Effective Date: December 3, 2025.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

Summary:

Pursuant to Chapters 553 and 561 of the 2025 Acts of Assembly, the amendments add a licensure by endorsement pathway for behavior analysts.

18VAC85-150-50. Application Initial licensure requirements.

An applicant for initial licensure shall submit the following on forms provided by the board:

1. A completed application and a fee as prescribed in 18VAC85-150-40.

2. Verification of certification as required in 18VAC85-150-60.

3. Verification of practice as required on the application form.

4. If licensed or certified in any other jurisdiction, verification that there has been no disciplinary action taken or pending in that jurisdiction.

5. Verification from the BACB on disciplinary action taken or pending by that body.

18VAC85-150-51. Licensure by endorsement.

An applicant for licensure by endorsement shall submit the following:

1. Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;

2. A completed application and fee;

3. Verification of certification as required in 18VAC85-150-60; and

4. A current report from the National Practitioner Data Bank.

18VAC85-150-60. Licensure requirement.

An applicant for a license licensure to practice as a behavior analyst or an assistant behavior analyst shall hold current certification as a BCBA® or a BCaBA® obtained by meeting qualifications and passage of the examination required for certification as a BCBA® or a BCaBA® by the BACB.

VA.R. Doc. No. R26-8402; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Final

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Final Regulation

REGISTRAR'S NOTICE: The Board of Medicine is claiming an exemption from the Administrative Process Act in accordance with the first enactment of Chapters 553 and 561 of the 2025 Acts of Assembly, which exempts the actions of the board relating to the adoption of regulations necessary to implement the provisions of the act; however, the department is required to provide an opportunity for public comment on any such regulations prior to their adoption.

Title of Regulation: 18VAC85-170. Regulations Governing the Practice of Genetic Counselors (amending 18VAC85-170-50, 18VAC85-170-60; adding 18VAC85-170-51).

Statutory Authority: §§ 54.1-2400 and 54.1-2957.18 of the Code of Virginia.

Effective Date: December 3, 2025.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

Summary:

Pursuant to Chapters 553 and 561 of the 2025 Acts of Assembly, the amendments add a licensure by endorsement pathway for genetic counselors.

18VAC85-170-50. Application Initial licensure requirements.

An applicant for initial licensure shall submit the following on forms provided by the board:

1. A completed application and a fee as prescribed in 18VAC85-170-40.

2. Verification of a professional credential in genetic counseling as required in 18VAC85-170-60.

3. Verification of practice as required on the application form.

4. If licensed or certified in any other jurisdiction, documentation of any disciplinary action taken or pending in that jurisdiction.

18VAC85-170-51. Licensure by endorsement.

An applicant for licensure by endorsement shall submit the following:

1. Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;

2. A completed application and fee;

3. Evidence of a current, valid certificate issued by the ABGC or ABMG to practice genetic counseling; and

4. A current report from the National Practitioner Data Bank.

18VAC85-170-60. Licensure requirements.

A. An applicant for a an initial license to practice as a genetic counselor shall provide documentation of (i) a master's degree from a genetic counseling training program that is accredited by the Accreditation Council of Genetic Counseling and (ii) a current, valid certificate issued by the ABGC or ABMG to practice genetic counseling.

B. Pursuant to § 54.1-2957.19 D of the Code of Virginia, applicants for licensure who do not meet the requirements of subsection A of this section may be issued a license provided they (i) apply for licensure before December 31, 2018; (ii) comply with the board's regulations relating to the NSGC Code of Ethics; (iii) have at least 20 years of documented work experience practicing genetic counseling; (iv) submit two letters of recommendation, one from a genetic counselor and another from a physician; and (v) have completed, within the last five years, 25 hours of continuing education approved by the NSGC or the ABGC. For the purpose of this subsection, the board deems the provisions of Part IV (18VAC85-170-110 et seq.) of this chapter to be consistent with the NSGC Code of Ethics.

C. B. An applicant for a temporary license shall provide documentation of having been granted the active candidate status by the ABGC. Such license shall expire 12 months from issuance or upon failure of the ABGC certification examination, whichever comes first.

VA.R. Doc. No. R26-8404; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Forms

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

18VAC85-40. Regulations Governing the Practice of Respiratory Therapists.

18VAC85-50. Regulations Governing the Practice of Physician Assistants.

18VAC85-80. Regulations Governing the Practice of Occupational Therapy.

18VAC85-101. Regulations Governing the Practice of Radiologic Technology.

18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

18VAC85-120. Regulations Governing the Licensure of Athletic Trainers.

18VAC85-130. Regulations Governing the Practice of Licensed Midwives.

18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists.

18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

18VAC85-160. Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists.

18VAC85-170. Regulations Governing the Practice of Genetic Counselors.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC85-20)

Instructions for Completing an Application to Practice Medicine in Virginia for Graduates of Allopathic Medical Schools and Osteopathic Medical Schools (rev. 12/2017)

Instructions for Completing an Application to Practice Chiropractic in Virginia (rev. 12/2017)

Instructions for Completing an Application for Licensure by Endorsement (rev. 8/2020)

Instructions for Completing Podiatric Medicine Application (rev. 12/2017)

Application to Reactivate an Inactive License for MDs, DOs, DPMs, and DCs (rev. 9/2025)

Form A, Intern/Resident, Memorandum from Associate Dean of Graduate Medical Education or Program Director (rev. 8/2007)

Form B, Intern/Resident Certificate of Professional Education (rev. 8/2007)

Form G, Intern Resident, Request for Status Report of ECFMG Certification (eff. 8/2007)

Intern/Resident, Transfer Request (rev. 6/2016)

Instructions for Completing an Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Application for a Limited License to Foreign Medical Graduates Pursuant to § 54.1-2936 (rev. 8/2007)

Form A, MD Reinstatement, Claims History Sheet (rev. 9/2009)

MD/DO Reinstatement Instructions and Application for MD and DO Licenses in Expired Status for More than Two Years Only (rev. 8/2020)

Instructions for Reinstatement of a Chiropractic Licensure Application (rev. 4/2018)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 12/2007)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-40)

Instructions for Completing an Application to Practice Respiratory Therapy in Virginia (rev. 5/2022)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application to Reactivate an Inactive License for a Respiratory Therapist (rev. 5/2019)

Instructions and Application for Reinstatement of a Respiratory Therapist License (4/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-50)

Instructions for Completing an Application to Practice as a Physician Assistant in Virginia (rev. 11/2017)

ARRT Fluoroscopy Examination Application for a Physician Assistant (rev. 2/2014)

Physician Assistant Authorization to Use Fluoroscopy (rev. 1/2014)

Practice Agreement as a Physician Assistant (PA) (rev. 10/2019)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Application for Restricted Volunteer License (rev. 8/2015)

License Verification Request (rev. 2/2024)

Instructions and Form for Expert Witness Letter Request (rev. 9/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-80)

Instructions for Completing an Application to Practice as an Occupational Therapist/Occupational Therapy Assistant in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a License to Practice as an Occupational Therapist/Occupational Therapy Assistant (rev. 4/2018)

Application to Reactivate a License from Inactive Status for Occupational Therapists and Occupational Therapy Assistants (rev. 8/2025)

Board-Approved Occupational Therapy Practice to Reinstate an Inactive License (rev. 3/2024)

Supervised Occupational Therapy Services (lapse six years or more) (rev. 5/2017)

Continued Competency Activity and Assessment Form (rev. 4/2000)

Application for Restricted Volunteer License (rev. 8/2015)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-101)

Instructions for Completing an Application to Practice as a Radiologic Technologist in Virginia (rev. 12/2017)

Instructions for Completing an Application to Practice as a Limited Radiologic Technologist in Virginia (rev. 12/2017)

Application to Practice as a Limited Radiologic Technologist (rev. 9/2025)

Instructions for Completing an Application to Practice as a Radiologist Assistant in Virginia (rev. 12/2017)

Form C, Radiologic Technologist/Radiologist Assistant, Clearance from Other States (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Radiologic Technologist/Limited Radiologic Technologist (rev. 12/2019)

Application for Registration for Volunteer Practice without fee Without Fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 7/2018)

Continued Competency Activity and Assessment Form (eff. 7/2008).

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-110)

Instructions for Completing an Application to Practice as an Acupuncturist in Virginia (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form C, Clearance from Other State Boards (rev. 11/2010)

Form L, Certificate of Professional Education (rev. 8/2007)

Verification of NCCAOM Certification (rev. 3/2008)

Recommendation for Examination by a Physician (rev. 11/2006)

License Verification Request (rev. 2/2024)

Application for Registration for Volunteer Practice (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Acupuncture Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Acupuncturist (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-120)

Instructions for Completing an Athletic Trainer Licensure Application (12/2017)

Application for Registration for Volunteer Practice without fee (rev. 7/2025)

Sponsor Certification for Volunteer Registration (rev. 3/2018)

Instructions and Application for Reinstatement of an Athletic Trainer Licensure (rev. 4/2018)

Certificate of Professional Education (rev. 8/2007)

License Verification Request (rev. 2/2024)

Application to Reactivate an Athletic Trainer License from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-130)

Instructions for Completing a Licensed Midwife Application (rev. 3/2017)

Form A, Claims History (rev. 11/2010)

Form B Supplemental Form (rev. 9/2018)

Form C, Jurisdiction Clearance (rev. 11/2010)

Instructions and Application for Reinstatement of a License to Practice as a Certified Professional Midwife (CPM) (rev. 4/2018)

Application to Reactivate an Inactive License for a Licensed Midwife (rev. 8/2025)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice as a Polysomnographic Technologist in Virginia (rev. 12/2017)

Form C, Verification Form (rev. 8/2013)

Application to Reactivate an Inactive License for a Polysomnographic Technologist (rev. 10/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-150)

Instructions for Completing an Application to Practice as a Board Certified Behavior Analyst/Assistant Behavior Analyst in Virginia (rev. 12/2017)

Instructions and Application for Reinstatement of a Behavior Analyst or Assistant Behavior Analyst Licensure (rev. 4/2018)

Application to Reactivate an Inactive License for a Behavior Analyst or Assistant Behavior Analyst (rev. 1/2018)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-160)

Instructions for Completing an Application to Practice as a Licensed Surgical Assistant (rev. 10/2020)

Instructions for Completing an Application to Practice as a Certified Surgical Technologist (rev. 5/2022)

License Verification Request (rev. 2/2024)

Application for Reactivation for a Licensed Surgical Assistant or Certified Surgical Technologist from Inactive Status (rev. 8/2025)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

FORMS (18VAC85-170)

Instructions for Completing an Application to Practice Genetic Counseling in Virginia (rev. 12/2017)

Instructions for Completing an Application for a Temporary License to Practice in "Active Candidate Status" to Practice Genetic Counseling in Virginia (rev. 6/2017)

Continued Competency Activity and Assessment Form (eff. 6/2017)

Genetic Counselor Reinstatement Instructions and Application (eff. 2/2023)

License Verification Request (rev. 2/2024)

Active Duty Servicemember or Spouse License Portability Application (rev. 9/2025)

VA.R. Doc. No. R26-8479; Filed October 02, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF COUNSELING
Fast-Track

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Fast-Track Regulation

Titles of Regulations: 18VAC115-20. Regulations Governing the Practice of Professional Counseling (amending 18VAC115-20-10, 18VAC115-20-20, 18VAC115-20-51, 18VAC115-20-52, 18VAC115-20-70, 18VAC115-20-100).

18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy (amending 18VAC115-50-10, 18VAC115-50-20, 18VAC115-50-55 through 18VAC115-50-90).

18VAC115-60. Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners (amending 18VAC115-60-10, 18VAC115-60-20, 18VAC115-60-70 through 18VAC115-60-110).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 3, 2025.

Effective Date: December 18, 2025.

Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, fax (804) 527-4435, or email jaime.hoyle@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 it provides full licensure in a less onerous manner for professional counselors, marriage and family therapists, and substance abuse treatment practitioners, leading to more behavioral health practitioners in the Commonwealth.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it significantly reduces residency requirements, which stakeholders have repeatedly requested.

Substance: The amendments (i) allow for inactive resident licenses; (ii) reduce educational reporting requirements; (iii) reduce the hours requirements for residency; (iv) eliminate required areas of residency; (v) remove requirements to complete residency requirements within four years; (vi) remove time limits to complete required examinations; and (vii) eliminate the current five-year limit on renewal of a resident license, making the license renewable indefinitely.

Issues: The primary advantage to the public is a greater number of available behavioral health practitioners in the Commonwealth. 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. The Board of Counseling (board) proposes to reduce the required hours for residency, remove or relax the time limits to complete a residency, and allow for inactive resident licenses. These changes would apply to residents seeking licensure as Licensed Professional Counselors (LPCs), or Licensed Marriage and Family Therapists (LMFTs), or as Licensed Substance Abuse Treatment Practitioners (LSATPs). This action is related to a 2024 petition for rulemaking and in response to Executive Order 19 (2022) and Executive Directive 1 (2022).

Background. A 2024 petition for rulemaking requested the board to make certain reductions to the residency requirements for LPCs.2 In addition, Executive Directive 1 (2022) directed executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.3 Thus, although the board did not amend the regulation for LPCs directly in response to the petition, board regulatory committee conducted a review of the residency requirements for individuals seeking licensure as an LPC, LMFT, and LSATP, and elected to reduce residency requirements for all three professions in their governing regulations (i.e., 18VAC115-20, 18VAC115-50, and 18VAC115-60, respectively). The most substantive changes are summarized below; these changes would be implemented identically in all three chapters unless specified otherwise. The definitions of each chapter are amended to remove the definition of ancillary counseling services in 18VAC115-20 and 18VAC115-50, and ancillary services in 18VAC115-60, as these terms would be eliminated. Ancillary (counseling) services means activities such as case management, recordkeeping, referral, and coordination of services. The fees for each chapter are amended to add a $15 fee for inactive annual renewal of a resident license. This would be half the $30 fee currently required for the annual renewal of a resident license. Coursework requirements in 18VAC115-20-51, 18VAC115-50-55, and 18VAC115-60-70 are amended to remove a limitation that, only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours. The board considered this to be overly restrictive and unnecessary. Resident license and residency requirements (18VAC115-20-52, 18VAC115-50-60, and 18VAC115-60-80 currently require 3,400 hours of residency, including 2,000 hours of face-to-face client contact and 200 hours of supervision, to be completed within four years. The remaining 1,400 hours may consist of additional face-to-face hours or hours spent on ancillary (counseling) services. The board proposes two main changes: (i) requiring only the 2,000 hours of face-to-face client contact, with 200 hours of supervision, thereby removing the need for any hours of ancillary (counseling) services, and (ii) removing the four year time limit to complete these requirements and instead requiring that at least half the hours (1,000 hours of face-to-face client contact and 100 hours of supervision) be completed during the two years immediately preceding application for licensure. In 18VAC115-50, governing marriage and family therapy, the current requirement that half of the face-to-face client contact hours (1,000 of the 2,000 hours) be with couples or families or both would remain as is. Further, the board seeks to newly specify that at least 500 of those 1,000 hours with couples or families or both occur during the two years immediately preceding application for licensure. Other changes in these sections would remove specific lists of topics to be covered in the residency (18VAC115-20 and 18VAC115-60 only) and remove language that caps the number of residency hours that can be satisfied using excess hours from graduate internships or practicum. The Department of Health Professions (DHP) has clarified that all graduate internship or practicum hours that involve face-to-face client contact can count toward the overall 2,000-hour residency requirement. General examination requirements in 18VAC115-20-70, 18VAC115-50-70, and 18VAC115-60-90 are amended to remove a requirement that applicants must pass the prescribed examination within six years from the date of initial issuance of a resident license. Lastly, sections regarding the (annual) renewal of licensure are amended to remove a limitation that resident licenses may only be renewed five times, since residents may now switch to an inactive resident license and then switch back to an active resident license. DHP has clarified that the requirements for renewing an active resident license, including continuing education hours, would apply when a resident seeks to return from inactive to active status.

Estimated Benefits and Costs. The proposed amendments are broadly intended to reduce the residency requirements for individuals seeking licensure as LPCs, LMFTs, and LSATPs and to increase flexibility for residents by (i) extending the possible timeline to complete the residency requirements and pass the licensure examination and (ii) allowing residents to maintain an inactive license if they need to take an extended break. Thus, current and future residents seeking licensure in these professions would benefit the most from the proposed changes. DHP reports that the board has repeatedly received complaints and requests regarding the rigidity of the current requirements and that the proposed changes are not expected to increase any requirements or burden residents in these professions in any way.4 Board regulatory committee also considered current requirements in other states, as well as requirements for licensed practitioners under the Board of Psychology in Virginia to establish the proposed requirements.5 One benefit of the proposed changes would be to make the residency requirements more similar to those in other states. Reducing barriers to entry into these professions could increase the number of entrants via three possible channels: (i) a small one-time increase as current residents are able to complete the residency faster, (ii) a permanent increase due to lower attrition amongst residents who have to take a break in their residency and are unable to complete it within the current time limits, and (iii) an increase if more individuals enter these professions because they expect to complete the requirements and join the workforce sooner. Because the educational requirements and costs thereof pose a more direct barrier to entry, the relative magnitude of increased entry into these professions due to the second and third channels are not expected to be significant. Lastly, increased entry would theoretically be expected to increase competition amongst these professionals in Virginia. However, a 2023 survey of the Virginia LPC workforce shows that less than 1.0% of LPCs were involuntarily unemployed, which suggests a relatively robust demand at least for LPC services.6 Members of the public seeking counseling services and entities that seek to employ LPCs, LMFTs, and LSATPs would benefit to the extent that the proposed changes lead to a larger pool of licensed providers.

Businesses and Other Entities Affected. DHP reports that there were 3,429 residents in counseling, 191 residents in marriage and family therapy and 18 substance abuse treatment residents as of December 31, 2024.7 Current and future residents would benefit from the proposed amendments. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.8 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.9 Since the proposed changes do not create any new costs or reduce benefits, an adverse impact is not indicated.

Small Businesses10 Affected.11 The proposed amendments do not adversely affect small businesses.

Localities12 Affected.13 The proposed amendments would neither impact any locality in particular nor create new costs for local governments.

Projected Impact on Employment. The proposed amendments are unlikely to affect total employment. As mentioned previously, the number of residents and licensees in these professions would likely increase as a result of the reductions in the residency requirements. However, the magnitude of such an increase is likely to be modest relative to the current size of the workforce in these professions.

Effects on the Use and Value of Private Property. The proposed amendments are not expected to affect the value of private property. Real estate development costs would not be affected.

_____________________________

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=406.

3 See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

4 Some current residents who have already completed several hours of residency performing ancillary counseling services may find the proposed changes to be unfair; however, those are sunk costs.

5 See https://townhall.virginia.gov/L/GetFile.cfm?File=Meeting\25\38251\Agenda_DHP_38251_v1.pdf, page 7.

6 See https://www.dhp.virginia.gov/media/dhpweb/docs/hwdc/behsci/0701LPC2023.pdf, page 10.

7 See https://www.dhp.virginia.gov/about/stats/2025Q2/04CurrentLicenseCountQ2FY2025.pdf, page 2.

8 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.

9 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.

10 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."

11 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.

12 "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.

13 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 reduce requirements for residency prior to receiving a license in professional counseling, marriage and family therapy, and substance abuse treatment. Specifically, the amendments (i) allow for inactive resident licenses; (ii) reduce educational reporting requirements; (iii) reduce the hours requirements for residency; (iv) eliminate required areas of residency; (v) remove requirements to complete residency requirements within four years; (vi) remove time limits to complete required examinations; and (vii) eliminate the current five-year limit on renewal of a resident license, making the license renewable indefinitely.

18VAC115-20-10. Definitions.

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

"Board"

"Counseling"

"Professional counselor"

B. The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Ancillary counseling services" means activities such as case management, recordkeeping, referral, and coordination of services.

"Applicant" means any individual who has submitted an official application and paid the application fee for licensure as a professional counselor.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"Candidate for licensure" means a person who has satisfactorily completed all educational and experience requirements for licensure and has been deemed eligible by the board to sit for its examinations.

"Clinical counseling services" means activities such as assessment, diagnosis, treatment planning, and treatment implementation.

"Competency area" means an area in which a person possesses knowledge and skill and the ability to apply them in the clinical setting.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"CORE" means Council on Rehabilitation Education.

"Exempt setting" means an agency or institution in which licensure is not required to engage in the practice of counseling according to the conditions set forth in § 54.1-3501 of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical counseling services for a client.

"Group supervision" means the process of clinical supervision of no more than six persons in a group setting provided by a qualified supervisor.

"Internship" means a formal academic course from a regionally accredited college or university in which supervised, practical experience is obtained in a clinical setting in the application of counseling principles, methods, and techniques.

"Jurisdiction" means a state, territory, district, province, or country that has granted a professional certificate or license to practice a profession, use a professional title, or hold oneself out as a practitioner of that profession.

"Nonexempt setting" means a setting that does not meet the conditions of exemption from the requirements of licensure to engage in the practice of counseling as set forth in § 54.1-3501 of the Code of Virginia.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education responsible for accrediting senior postsecondary institutions.

"Residency" means a postgraduate, supervised, clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board to provide clinical services in professional counseling under supervision.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual or group consultation, guidance, and instruction that is specific to the clinical counseling services being performed with respect to the clinical skills and competencies of the person supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

18VAC115-20-20. Fees required by the board.

A. The board has established the following fees applicable to licensure as a professional counselor or a resident in counseling:

Initial licensure by examination: Application processing and initial licensure as a professional counselor

$175

Initial licensure by endorsement: Application processing and initial licensure as a professional counselor

$175

Application and initial licensure as a resident in counseling

$65

Pre-review of education only

$75

Duplicate license

$10

Verification of licensure to another jurisdiction

$30

Active annual license renewal for a professional counselor

$130

Inactive annual license renewal for a professional counselor

$65

Annual renewal for a resident in counseling

$30

Inactive annual renewal for a resident in counseling

$15

Late renewal for a professional counselor

$45

Late renewal for a resident in counseling

$10

Reinstatement of a lapsed license for a professional counselor

$200

Reinstatement following revocation or suspension

$600

Replacement of or additional wall certificate

$25

Returned check or dishonored credit or debit card

$50

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

18VAC115-20-51. Coursework requirements.

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate study in the following core coursework with a minimum of three semester hours or 4.0 quarter hours in each of subdivisions 1 through 12 of this subsection:

1. Professional counseling identity, function, and ethics;

2. Theories of counseling and psychotherapy;

3. Counseling and psychotherapy techniques;

4. Human growth and development;

5. Group counseling and psychotherapy theories and techniques;

6. Career counseling and development theories and techniques;

7. Appraisal, evaluation, and diagnostic procedures;

8. Abnormal behavior and psychopathology;

9. Multicultural counseling theories and techniques;

10. Research;

11. Diagnosis and treatment of addictive disorders;

12. Marriage and family systems theory; and

13. Supervised internship of at least 600 hours to include 240 hours of face-to-face client contact. Only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours.

B. If 60 graduate hours in counseling were completed prior to April 12, 2000, the board may accept those hours if they meet the regulations in effect at the time the 60 hours were completed.

18VAC115-20-52. Resident license and requirements for a residency requirements.

A. Resident license. Applicants for temporary licensure as a resident in counseling shall:

1. Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the clinical supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing clinical counseling services;

2. Have submitted an official transcript documenting a graduate degree that meets the requirements specified in 18VAC115-20-49 to include completion of the coursework and internship requirement specified in 18VAC115-20-51;

3. Pay the registration fee;

4. Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

5. Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Residency requirements.

1. The applicant for licensure as a professional counselor shall have completed a 3,400-hour supervised residency in the role of a professional counselor working with various populations, clinical problems, and theoretical approaches in the following areas: a. Assessment and diagnosis using psychotherapy techniques; b. Appraisal, evaluation, and diagnostic procedures; c. Treatment planning and implementation; d. Case management and recordkeeping; e. Professional counselor identity and function; and f. Professional ethics and standards of practice.

2. The residency shall include a minimum of 2,000 hours of face-to-face client contact providing clinical counseling services.

3. The residency shall include a minimum of 200 hours of in-person supervision between supervisor and resident in the consultation and review of clinical counseling services provided by the resident.

a. Supervision shall occur at a minimum of one hour and a maximum of four hours per 40 hours of work experience during the period of the residency.

b. For the purpose of meeting the 200-hour supervision requirement, in-person may include the use of secured technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident. Up to 20 hours of the supervision received during the supervised internship may be counted toward the 200 hours of in-person supervision if the supervision was provided by a licensed professional counselor.

3. c. No more than half of the 200 hours may be satisfied with group supervision. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

4. The resident will complete a minimum of 1,000 hours of face-to-face client contact and 100 hours of supervision within two years immediately preceding application to the board for licensure as a professional counselor.

5. Supervision that is not concurrent with a residency will not be accepted, nor will residency hours be accrued in the absence of approved supervision.

5. The residency shall include at least 2,000 hours of face-to-face client contact in providing clinical counseling services. The remaining hours may be spent in the performance of ancillary counseling services.

6. A graduate-level internship in excess of 600 hours, which was completed in a program that meets the requirements set forth in 18VAC115-20-49, may count for up to an additional 300 hours toward the requirements of a residency.

7. Supervised practicum and internship hours in a CACREP-accredited doctoral counseling program may be accepted for up to 900 hours of the residency requirement and up to 100 of the required hours of supervision provided the supervisor holds a current, unrestricted license as a professional counselor.

8. 6. The residency shall be completed in not less than 21 months or more than four years. Residents who began a residency before August 24, 2016, shall complete the residency by August 24, 2020. An individual who does not complete the residency after four years shall submit evidence to the board showing why the supervised experience should be allowed to continue.

7. A resident shall meet the renewal requirements of subsection C of 18VAC115-20-100 in order to maintain a license in current, active status.

9. 8. The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.

10. 9. Residents may not call themselves professional counselors, directly bill for services rendered, or in any way represent themselves as independent, autonomous practitioners or professional counselors. During the residency, residents shall use their names and the initials of their degree, and the title "Resident in Counseling" in all written communications. Clients shall be informed in writing that the resident does not have authority for independent practice and is under supervision and shall provide the supervisor's name, professional address, and phone telephone number.

11. 10. Residents shall not engage in practice under supervision in any areas for which they have not had appropriate education.

12. Residency 11. The board will accept residency hours approved by the licensing board in another United States jurisdiction that meet the requirements of this section shall be accepted.

C. Supervisory qualifications. A person who provides supervision for a resident in professional counseling shall:

1. Document two years of post-licensure clinical experience;

2. Have received professional training in supervision, consisting of three credit hours or 4.0 quarter hours in graduate-level coursework in supervision or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-20-106; and

3. Hold an active, unrestricted license as a professional counselor or a marriage and family therapist in the jurisdiction where the supervision is being provided. At least 100 hours of the supervision shall be rendered by a licensed professional counselor. Supervisors who are substance abuse treatment practitioners, school psychologists, clinical psychologists, clinical social workers, or psychiatrists and have been approved to provide supervision may continue to do so until August 24, 2017.

D. Supervisory responsibilities.

1. Supervision by any individual whose relationship to the resident compromises the objectivity of the supervisor is prohibited.

2. The supervisor of a resident shall assume full responsibility for the clinical activities of that resident specified within the supervisory contract for the duration of the residency.

3. The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period.

4. The supervisor shall report the total hours of residency and shall evaluate the applicant's competency in the six areas stated in subdivision B 1 of this section.

5. The supervisor shall provide supervision as defined in 18VAC115-20-10.

E. Applicants shall document successful completion of their residency on the Verification of Supervision Form at the time of application. Applicants must receive a satisfactory competency evaluation on each item on the evaluation sheet. Supervised experience obtained prior to April 12, 2000, may be accepted toward licensure if this supervised experience met the board's requirements that were in effect at the time the supervision was rendered.

18VAC115-20-70. General examination requirements; schedules; time limits.

A. Every applicant for initial licensure by examination by the board as a professional counselor shall pass a written examination as prescribed by the board. An applicant is required to have passed the prescribed examination within six years from the date of initial issuance of a resident license by the board.

B. Every applicant for licensure by endorsement shall have passed a licensure examination in the jurisdiction in which licensure was obtained.

C. The board shall establish a passing score on the written examination.

D. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a professional counselor.

18VAC115-20-100. Annual Licensure renewal of licensure.

A. Every licensed professional counselor licensee who intends to continue an active practice shall submit to the board on or before June 30 of each year:

1. A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and

2. The renewal fee prescribed in 18VAC115-20-20.

B. A licensed professional counselor licensee who wishes to place his a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-20-20. No person shall practice counseling in Virginia unless he the person holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in subsection C of 18VAC115-20-110.

C. For renewal of a resident license in counseling, the following shall apply:

1. A resident license shall expire annually in the month the resident license was initially issued and may be renewed up to five times by submission of the renewal form and payment of the fee prescribed in 18VAC115-20-20.

2. 1. On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing clinical counseling services.

3. 2. On the annual renewal, the resident in counseling shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-20-106.

D. Licensees shall notify the board of a change in the address of record or the public address, if different from the address of record within 60 days. Failure to receive a renewal notice from the board shall not relieve the license holder from the renewal requirement.

E. Practice with an expired license is prohibited and may constitute grounds for disciplinary action.

18VAC115-50-10. Definitions.

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

(i) "board, "Board"

(ii) "marriage and family therapy,"

(iii) "marriage "Marriage and family therapist," and

"Marriage and family therapy"

(iv) "practice "Practice of marriage and family therapy."

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Ancillary counseling services" means activities such as case management, recordkeeping, referral, and coordination of services.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"COAMFTE" means the Commission on Accreditation for Marriage and Family Therapy Education.

"Clinical marriage and family services" means activities such as assessment, diagnosis, and treatment planning and treatment implementation for couples and families.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical marriage and family services for a client.

"Internship" means a formal academic course from a regionally accredited university in which supervised practical experience is obtained in a clinical setting in the application of counseling principles, methods, and techniques.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education as responsible for accrediting senior post-secondary institutions and training programs.

"Residency" means a postgraduate, supervised clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board approval to provide clinical services in marriage and family therapy under supervision.

"Supervision" means an ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented, individual or group consultation, guidance, and instruction with respect to the clinical skills and competencies of the person or persons being supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

18VAC115-50-20. Fees.

A. The board has established fees for the following:

Application and initial licensure as a resident

$65

Pre-review of education only

$75

Initial licensure by examination: Processing and initial licensure as a marriage and family therapist

$175

Initial licensure by endorsement: Processing and initial licensure as a marriage and family therapist

$175

Active annual license renewal for a marriage and family therapist

$130

Inactive annual license renewal for a marriage and family therapist

$65

Annual renewal for a resident in marriage and family therapy

$30

Inactive annual renewal for a resident in marriage and family therapy

$15

Penalty for late renewal for a marriage and family therapist

$45

Late renewal for resident in marriage and family therapy

$10

Reinstatement of a lapsed license for a marriage and family therapist

$200

Verification of license to another jurisdiction

$30

Additional or replacement licenses

$10

Additional or replacement wall certificates

$25

Returned check or dishonored credit or debit card

$50

Reinstatement following revocation or suspension

$600

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

18VAC115-50-55. Coursework requirements.

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate coursework with a minimum of six semester hours or nine quarter hours completed in each of the core areas identified in subdivisions 1 and 2 of this subsection, and three semester hours or 4.0 quarter hours in each of the core areas identified in subdivisions 3 through 9 of this subsection:

1. Marriage and family studies (marital and family development; family systems theory);

2. Marriage and family therapy (systemic therapeutic interventions and application of major theoretical approaches);

3. Human growth and development across the lifespan;

4. Abnormal behaviors;

5. Diagnosis and treatment of addictive behaviors;

6. Multicultural counseling;

7. Professional identity and ethics;

8. Research (research methods; quantitative methods; statistics);

9. Assessment and treatment (appraisal, assessment and diagnostic procedures); and

10. Supervised internship of at least 600 hours to include 240 hours of direct client contact, of which 200 hours shall be with couples and families. Only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours.

B. If the applicant holds a current, unrestricted license as a professional counselor, clinical psychologist, or clinical social worker, the board may accept evidence of successful completion of 60 semester hours or 90 quarter hours of graduate study, including a minimum of six semester hours or nine quarter hours completed in marriage and family studies (marital and family development; family systems theory) and six semester hours or nine quarter hours completed in marriage and family therapy (systemic therapeutic interventions and application of major theoretical approaches).

18VAC115-50-60. Resident license and requirements for a residency requirements.

A. Resident license. Applicants for temporary licensure as a resident in marriage and family therapy shall:

1. Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing marriage and family services.

2. Have submitted an official transcript documenting a graduate degree as that meets the requirements specified in 18VAC115-50-50 to include completion of the coursework and internship requirement specified in 18VAC115-50-55;

3. Pay the registration fee;

4. Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

5. Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Residency requirements.

1. The applicant for licensure as a marriage and family therapist shall have completed no fewer than 3,400 hours of a supervised residency in the role of a marriage and family therapist, to include 200 hours of in-person supervision with the supervisor in the consultation and review of marriage and family services provided by the resident. For the purpose of meeting the 200 hours of supervision required for a residency, in-person may also include the use of technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident. At least one-half 100 of the 200 hours of supervision shall be rendered by a licensed marriage and family therapist.

a. Residents shall receive a minimum of one hour and a maximum of four hours of supervision for every 40 hours of supervised work experience.

b. No more than 100 hours of the supervision may be acquired through group supervision, with the group consisting of no more than six residents. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

c. Up to 20 hours of the supervision received during the supervised internship may be counted towards the 200 hours of in-person supervision if the supervision was provided by a licensed marriage and family therapist or a licensed professional counselor.

2. The residency shall include documentation of at least 2,000 hours of face-to-face client contact in clinical marriage and family services, of which 1,000 hours shall be face-to-face client contact with couples or families or both. The remaining hours may be spent in the performance of ancillary counseling services. For applicants who hold current, unrestricted licensure as a professional counselor, clinical psychologist, or clinical social worker, the remaining hours may be waived.

3. The residency shall consist of practice in the core areas set forth in 18VAC115-50-55.

4. The resident will complete a minimum of 1,000 hours of face-to-face client contact, of which 500 hours shall be face-to-face client contact with couples or family or both, and 100 hours of supervision within two years immediately preceding application to the board for licensure as a marriage and family therapist.

4. 5. The residency shall begin after the completion of a master's degree in marriage and family therapy or a related discipline as set forth in 18VAC115-50-50.

5. A graduate-level internship in excess of 600 hours, which was completed in a program that meets the requirements set forth in 18VAC115-50-50, may count for up to an additional 300 hours towards the requirements of a residency.

6. Supervised practicum and internship hours in a COAMFTE-accredited or a CACREP-accredited doctoral program in marriage and family therapy or counseling may be accepted for up to 900 hours of the residency requirement and up to 100 of the required hours of supervision provided the supervisor holds a current, unrestricted license as a marriage and family therapist or professional counselor.

7. 6. The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.

8. 7. Residents shall not call themselves marriage and family therapists, directly bill for services rendered, or in any way represent themselves as marriage and family therapists. During the residency, residents may use their names, the initials of their degree, and the title "Resident in Marriage and Family Therapy." Clients shall be informed in writing that the resident does not have authority for independent practice and is under supervision, along with the name, address, and telephone number of the resident's supervisor.

9. 8. Residents shall not engage in practice under supervision in any areas for which they do not have appropriate education.

10. 9. The residency shall be completed in not less than 21 months or more than four years. Residents who began a residency before August 24, 2016, shall complete the residency by August 24, 2020. An individual who does not complete the residency after four years shall submit evidence to the board showing why the supervised experience should be allowed to continue. A resident shall meet the renewal requirements of subsection C of 18VAC115-50-90 in order to maintain a resident license in current, active status.

11. Residency 10. The board will accept residency hours that are approved by the licensing board in another United States jurisdiction and that meet the requirements of this section shall be accepted.

C. Supervisory qualifications. A person who provides supervision for a resident in marriage and family therapy shall:

1. Hold an active, unrestricted license as a marriage and family therapist or professional counselor in the jurisdiction where the supervision is being provided;

2. Document two years post-licensure marriage and family therapy experience; and

3. Have received professional training in supervision, consisting of three credit hours or 4.0 quarter hours in graduate-level coursework in supervision or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-50-96. At least one-half of the 200 hours of supervision shall be rendered by a licensed marriage and family therapist. Supervisors who are clinical psychologists, clinical social workers, or psychiatrists and have been approved to provide supervision may continue to do so until August 24, 2017.

D. Supervisory responsibilities.

1. The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period. The supervisor shall report the total hours of residency and evaluate the applicant's competency to the board.

2. Supervision by an individual whose relationship to the resident is deemed by the board to compromise the objectivity of the supervisor is prohibited.

3. The supervisor shall provide supervision as defined in 18VAC115-50-10 and shall assume full responsibility for the clinical activities of residents as specified within the supervisory contract for the duration of the residency.

18VAC115-50-70. General examination requirements.

A. All applicants for initial licensure shall pass an examination, as prescribed by the board, with a passing score as determined by the board. The examination is waived for an applicant who holds a current and unrestricted license as a professional counselor issued by the board.

B. An applicant is required to pass the prescribed examination within six years from the date of initial issuance of a resident license by the board.

C. B. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a marriage and family therapist.

18VAC115-50-90. Annual Licensure renewal of license.

A. All licensed marriage and family therapists Each licensee who intend intends to continue an active practice shall submit to the board on or before June 30 of each year:

1. A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and

2. The renewal fee prescribed in 18VAC115-50-20.

B. A licensed marriage and family therapist licensee who wishes to place his a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-50-20. No person shall practice marriage and family therapy in Virginia unless he the person holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in 18VAC115-50-100 C.

C. For renewal of a resident license in marriage and family therapy, the following shall apply:

1. A resident license shall expire annually in the month the license was initially issued and may be renewed up to five times by submission of the renewal form and payment of the fee prescribed in 18VAC115-50-20.

2. 1. On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing marriage and family therapy.

3. On the annual renewal, residents in marriage and family therapy shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-50-96.

D. Licensees shall notify the board of a change in the address of record or the public address, if different from the address of record within 60 days. Failure to receive a renewal notice from the board shall not relieve the license holder from the renewal requirement.

E. After the renewal date, the license is expired; practice with an expired license is prohibited and may constitute grounds for disciplinary action.

18VAC115-60-10. Definitions.

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

"Board"

"Licensed substance abuse treatment practitioner"

"Substance abuse"

"Substance abuse treatment"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Ancillary services" means activities such as case management, recordkeeping, referral, and coordination of services.

"Applicant" means any individual who has submitted an official application and paid the application fee for licensure as a substance abuse treatment practitioner.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"Candidate for licensure" means a person who has satisfactorily completed all educational and experience requirements for licensure and has been deemed eligible by the board to sit for its examinations.

"Clinical substance abuse treatment services" means activities such as assessment, diagnosis, treatment planning, and treatment implementation.

"COAMFTE" means the Commission on Accreditation for Marriage and Family Therapy Education.

"Competency area" means an area in which a person possesses knowledge and skill and the ability to apply them in the clinical setting.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Exempt setting" means an agency or institution in which licensure is not required to engage in the practice of substance abuse treatment according to the conditions set forth in § 54.1-3501 of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical substance abuse treatment services for a client.

"Group supervision" means the process of clinical supervision of no more than six persons in a group setting provided by a qualified supervisor.

"Internship" means a formal academic course from a regionally accredited university in which supervised, practical experience is obtained in a clinical setting in the application of counseling principles, methods and techniques.

"Jurisdiction" means a state, territory, district, province, or country that has granted a professional certificate or license to practice a profession, use a professional title, or hold oneself out as a practitioner of that profession.

"Nonexempt setting" means a setting that does not meet the conditions of exemption from the requirements of licensure to engage in the practice of substance abuse treatment as set forth in § 54.1-3501 of the Code of Virginia.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education responsible for accrediting senior postsecondary institutions.

"Residency" means a postgraduate, supervised, clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board to provide clinical services in substance abuse treatment under supervision.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual or group consultation, guidance, and instruction with respect to the clinical skills and competencies of the person supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

18VAC115-60-20. Fees required by the board.

A. The board has established the following fees applicable to licensure as a substance abuse treatment practitioner or resident in substance abuse treatment:

Application and initial licensure as a resident in substance abuse treatment

$65

Pre-review of education only

$75

Initial licensure by examination: Processing and initial licensure as a substance abuse treatment practitioner

$175

Initial licensure by endorsement: Processing and initial licensure as a substance abuse treatment practitioner

$175

Active annual license renewal for a substance abuse treatment practitioner

$130

Inactive annual license renewal for a substance abuse treatment practitioner

$65

Annual renewal for a resident in substance abuse treatment

$30

Inactive annual renewal for resident in substance abuse treatment

$15

Duplicate license

$10

Verification of license to another jurisdiction

$30

Late renewal for a substance abuse treatment practitioner

$45

Late renewal for a resident in substance abuse treatment

$10

Reinstatement of a lapsed license of a substance abuse treatment practitioner

$200

Replacement of or additional wall certificate

$25

Returned check or dishonored credit or debit card

$50

Reinstatement following revocation or suspension

$600

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

18VAC115-60-70. Coursework requirements.

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate study.

B. The applicant shall have completed a general core curriculum containing a minimum of three semester hours or 4.0 quarter hours in each of the areas identified in this section:

1. Professional identity, function, and ethics;

2. Theories of counseling and psychotherapy;

3. Counseling and psychotherapy techniques;

4. Group counseling and psychotherapy, theories, and techniques;

5. Appraisal, evaluation, and diagnostic procedures;

6. Abnormal behavior and psychopathology;

7. Multicultural counseling, theories, and techniques;

8. Research; and

9. Marriage and family systems theory.

C. The applicant shall also have completed 12 graduate semester credit hours or 18 graduate quarter hours in the following substance abuse treatment competencies.

1. Assessment, appraisal, evaluation, and diagnosis specific to substance abuse;

2. Treatment planning models, client case management, interventions, and treatments to include relapse prevention, referral process, step models, and documentation process;

3. Understanding addictions: The biochemical, sociocultural, and psychological factors of substance use and abuse;

4. Addictions and special populations, including, but not limited to, adolescents, women, ethnic groups, and the elderly; and

5. Client and community education.

D. The applicant shall have completed a supervised internship of 600 hours to include 240 hours of direct client contact, of which 200 hours shall be in treating substance abuse-specific treatment problems. Only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours.

E. One course may satisfy study in more than one content area set forth in subsections B and C of this section.

F. If the applicant holds a current, unrestricted license as a professional counselor, clinical psychologist, or clinical social worker, the board may accept evidence of successful completion of 60 semester hours or 90 quarter hours of graduate study, including the hours specified in subsection C of this section.

18VAC115-60-80. Resident license and requirements for a residency requirements.

A. Licensure. Applicants for a temporary resident license in substance abuse treatment shall:

1. Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing substance abuse treatment services;

2. Have submitted an official transcript documenting a graduate degree that meets the requirements specified in 18VAC115-60-60 to include completion of the coursework and internship requirement specified in 18VAC115-60-70;

3. Pay the registration fee;

4. Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

5. Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Applicants who are beginning their residencies in exempt settings shall register supervision with the board to assure ensure acceptability at the time of application.

C. Residency requirements.

1. The applicant for licensure as a substance abuse treatment practitioner shall have completed no fewer than 3,400 hours in a supervised residency in substance abuse treatment with various populations, clinical problems, and theoretical approaches in the following areas: a. Clinical evaluation; b. Treatment planning, documentation, and implementation; c. Referral and service coordination; d. Individual and group counseling and case management; e. Client family and community education; and f. Professional and ethical responsibility.

2. The residency shall include at least 2,000 hours of face-to-face client contact in providing clinical substance abuse treatment services with individuals, families, or groups of individuals suffering from the effects of substance abuse or dependence.

3. The residency shall include a minimum of 200 hours of in-person supervision between supervisor and resident occurring at a minimum of one hour and a maximum of four hours per 40 hours of work experience during the period of the residency.

a. No more than half of these hours may be satisfied with group supervision.

b. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

c. Supervision that is not concurrent with a residency will not be accepted, nor will residency hours be accrued in the absence of approved supervision.

d. For the purpose of meeting the 200-hour supervision requirement, in-person supervision may include the use of technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident.

e. Up to 20 hours of the supervision received during the supervised internship may be counted towards the 200 hours of in-person supervision if the supervision was provided by a licensed professional counselor.

3. The residency shall include at least 2,000 hours of face-to-face client contact in providing clinical substance abuse treatment services with individuals, families, or groups of individuals suffering from the effects of substance abuse or dependence. The remaining hours may be spent in the performance of ancillary services.

4. A graduate level degree internship in excess of 600 hours, which is completed in a program that meets the requirements set forth in 18VAC115-60-70, may count for up to an additional 300 hours towards the requirements of a residency The resident will complete a minimum of 1,000 hours of face-to-face client contact and 100 hours of supervision within two years immediately preceding application to the board for licensure as a substance abuse treatment practitioner.

5. The residency shall be completed in not less than 21 months or more than four years. Residents who began a residency before August 24, 2016, shall complete the residency by August 24, 2020. An individual who does not complete the residency after four years shall submit evidence to the board showing why the supervised experience should be allowed to continue. A resident shall meet the renewal requirements of subsection C of 18VAC115-60-110 in order to maintain a license in current, active status.

6. The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.

7. Residents may not call themselves substance abuse treatment practitioners, directly bill for services rendered, or in any way represent themselves as independent, autonomous practitioners or substance abuse treatment practitioners. During the residency, residents shall use their names and the initials of their degree, and the title "Resident in Substance Abuse Treatment" in all written communications. Clients shall be informed in writing that the resident does not have authority for independent practice and is under supervision and shall provide the supervisor's name, professional address, and telephone number.

8. Residents shall not engage in practice under supervision in any areas for which they have not had appropriate education.

9. Residency The board will accept residency hours that are approved by the licensing board in another United States jurisdiction and that meet the requirements of this section shall be accepted.

D. Supervisory qualifications.

1. A person who provides supervision for a resident in substance abuse treatment shall hold an active, unrestricted license as a professional counselor or substance abuse treatment practitioner in the jurisdiction where the supervision is being provided. Supervisors who are marriage and family therapists, school psychologists, clinical psychologists, clinical social workers, clinical nurse specialists, or psychiatrists and have been approved to provide supervision may continue to do so until August 24, 2017.

2. All supervisors shall document two years post-licensure substance abuse treatment experience and at least 100 hours of didactic instruction in substance abuse treatment. Supervisors must document a three-credit-hour course in supervision, a 4.0-quarter-hour course in supervision, or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-60-116.

E. Supervisory responsibilities.

1. Supervision by any individual whose relationship to the resident compromises the objectivity of the supervisor is prohibited.

2. The supervisor of a resident shall assume full responsibility for the clinical activities of that resident specified within the supervisory contract for the duration of the residency.

3. The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period.

4. The supervisor shall report the total hours of residency and shall evaluate the applicant's competency in the six areas stated in subdivision C 1 of this section.

F. Documentation of supervision. Applicants shall document successful completion of their residency on the Verification of Supervision form at the time of application. Applicants must receive a satisfactory competency evaluation on each item on the evaluation sheet.

18VAC115-60-90. General examination requirements; time limits.

A. Every applicant for licensure as a substance abuse treatment practitioner by examination shall pass a written examination as prescribed by the board. Such applicant is required to pass the prescribed examination within six years from the date of initial issuance of a resident license by the board.

B. Every applicant for licensure as a substance abuse treatment practitioner by endorsement shall have passed a substance abuse examination deemed by the board to be substantially equivalent to the Virginia examination.

C. The examination is waived for an applicant who holds a current and unrestricted license as a professional counselor issued by the board.

D. The board shall establish a passing score on the written examination.

E. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a substance abuse treatment practitioner.

18VAC115-60-110. Renewal of licensure Licensure renewal.

A. Every substance abuse treatment practitioner licensee who intends to continue an active practice shall submit to the board on or before June 30 of each year:

1. A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and

2. The renewal fee prescribed in 18VAC115-60-20.

B. A substance abuse treatment practitioner licensee who wishes to place his a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-60-20. No person shall practice substance abuse treatment in Virginia unless he the person holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in subsection C of 18VAC115-60-120.

C. For renewal of a resident license in substance abuse treatment, the following shall apply:

1. A resident license shall expire annually in the month the resident license was initially issued and may be renewed up to five times by submission of the renewal form and payment of the fee prescribed in 18VAC115-60-20.

2. 1. On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing substance abuse treatment services.

3. 2. On the annual renewal, residents in substance abuse treatment shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-60-116.

D. Licensees shall notify the board of a change in the address of record or the public address, if different from the address of record within 60 days. Failure to receive a renewal notice from the board shall not relieve the license holder from the renewal requirement.

E. After the renewal date, the license is expired; practice with an expired license is prohibited and may constitute grounds for disciplinary action.

VA.R. Doc. No. R26-8176; Filed October 15, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF COUNSELING
Fast-Track

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Fast-Track Regulation

Titles of Regulations: 18VAC115-20. Regulations Governing the Practice of Professional Counseling (amending 18VAC115-20-10, 18VAC115-20-20, 18VAC115-20-51, 18VAC115-20-52, 18VAC115-20-70, 18VAC115-20-100).

18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy (amending 18VAC115-50-10, 18VAC115-50-20, 18VAC115-50-55 through 18VAC115-50-90).

18VAC115-60. Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners (amending 18VAC115-60-10, 18VAC115-60-20, 18VAC115-60-70 through 18VAC115-60-110).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 3, 2025.

Effective Date: December 18, 2025.

Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, fax (804) 527-4435, or email jaime.hoyle@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 it provides full licensure in a less onerous manner for professional counselors, marriage and family therapists, and substance abuse treatment practitioners, leading to more behavioral health practitioners in the Commonwealth.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it significantly reduces residency requirements, which stakeholders have repeatedly requested.

Substance: The amendments (i) allow for inactive resident licenses; (ii) reduce educational reporting requirements; (iii) reduce the hours requirements for residency; (iv) eliminate required areas of residency; (v) remove requirements to complete residency requirements within four years; (vi) remove time limits to complete required examinations; and (vii) eliminate the current five-year limit on renewal of a resident license, making the license renewable indefinitely.

Issues: The primary advantage to the public is a greater number of available behavioral health practitioners in the Commonwealth. 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. The Board of Counseling (board) proposes to reduce the required hours for residency, remove or relax the time limits to complete a residency, and allow for inactive resident licenses. These changes would apply to residents seeking licensure as Licensed Professional Counselors (LPCs), or Licensed Marriage and Family Therapists (LMFTs), or as Licensed Substance Abuse Treatment Practitioners (LSATPs). This action is related to a 2024 petition for rulemaking and in response to Executive Order 19 (2022) and Executive Directive 1 (2022).

Background. A 2024 petition for rulemaking requested the board to make certain reductions to the residency requirements for LPCs.2 In addition, Executive Directive 1 (2022) directed executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.3 Thus, although the board did not amend the regulation for LPCs directly in response to the petition, board regulatory committee conducted a review of the residency requirements for individuals seeking licensure as an LPC, LMFT, and LSATP, and elected to reduce residency requirements for all three professions in their governing regulations (i.e., 18VAC115-20, 18VAC115-50, and 18VAC115-60, respectively). The most substantive changes are summarized below; these changes would be implemented identically in all three chapters unless specified otherwise. The definitions of each chapter are amended to remove the definition of ancillary counseling services in 18VAC115-20 and 18VAC115-50, and ancillary services in 18VAC115-60, as these terms would be eliminated. Ancillary (counseling) services means activities such as case management, recordkeeping, referral, and coordination of services. The fees for each chapter are amended to add a $15 fee for inactive annual renewal of a resident license. This would be half the $30 fee currently required for the annual renewal of a resident license. Coursework requirements in 18VAC115-20-51, 18VAC115-50-55, and 18VAC115-60-70 are amended to remove a limitation that, only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours. The board considered this to be overly restrictive and unnecessary. Resident license and residency requirements (18VAC115-20-52, 18VAC115-50-60, and 18VAC115-60-80 currently require 3,400 hours of residency, including 2,000 hours of face-to-face client contact and 200 hours of supervision, to be completed within four years. The remaining 1,400 hours may consist of additional face-to-face hours or hours spent on ancillary (counseling) services. The board proposes two main changes: (i) requiring only the 2,000 hours of face-to-face client contact, with 200 hours of supervision, thereby removing the need for any hours of ancillary (counseling) services, and (ii) removing the four year time limit to complete these requirements and instead requiring that at least half the hours (1,000 hours of face-to-face client contact and 100 hours of supervision) be completed during the two years immediately preceding application for licensure. In 18VAC115-50, governing marriage and family therapy, the current requirement that half of the face-to-face client contact hours (1,000 of the 2,000 hours) be with couples or families or both would remain as is. Further, the board seeks to newly specify that at least 500 of those 1,000 hours with couples or families or both occur during the two years immediately preceding application for licensure. Other changes in these sections would remove specific lists of topics to be covered in the residency (18VAC115-20 and 18VAC115-60 only) and remove language that caps the number of residency hours that can be satisfied using excess hours from graduate internships or practicum. The Department of Health Professions (DHP) has clarified that all graduate internship or practicum hours that involve face-to-face client contact can count toward the overall 2,000-hour residency requirement. General examination requirements in 18VAC115-20-70, 18VAC115-50-70, and 18VAC115-60-90 are amended to remove a requirement that applicants must pass the prescribed examination within six years from the date of initial issuance of a resident license. Lastly, sections regarding the (annual) renewal of licensure are amended to remove a limitation that resident licenses may only be renewed five times, since residents may now switch to an inactive resident license and then switch back to an active resident license. DHP has clarified that the requirements for renewing an active resident license, including continuing education hours, would apply when a resident seeks to return from inactive to active status.

Estimated Benefits and Costs. The proposed amendments are broadly intended to reduce the residency requirements for individuals seeking licensure as LPCs, LMFTs, and LSATPs and to increase flexibility for residents by (i) extending the possible timeline to complete the residency requirements and pass the licensure examination and (ii) allowing residents to maintain an inactive license if they need to take an extended break. Thus, current and future residents seeking licensure in these professions would benefit the most from the proposed changes. DHP reports that the board has repeatedly received complaints and requests regarding the rigidity of the current requirements and that the proposed changes are not expected to increase any requirements or burden residents in these professions in any way.4 Board regulatory committee also considered current requirements in other states, as well as requirements for licensed practitioners under the Board of Psychology in Virginia to establish the proposed requirements.5 One benefit of the proposed changes would be to make the residency requirements more similar to those in other states. Reducing barriers to entry into these professions could increase the number of entrants via three possible channels: (i) a small one-time increase as current residents are able to complete the residency faster, (ii) a permanent increase due to lower attrition amongst residents who have to take a break in their residency and are unable to complete it within the current time limits, and (iii) an increase if more individuals enter these professions because they expect to complete the requirements and join the workforce sooner. Because the educational requirements and costs thereof pose a more direct barrier to entry, the relative magnitude of increased entry into these professions due to the second and third channels are not expected to be significant. Lastly, increased entry would theoretically be expected to increase competition amongst these professionals in Virginia. However, a 2023 survey of the Virginia LPC workforce shows that less than 1.0% of LPCs were involuntarily unemployed, which suggests a relatively robust demand at least for LPC services.6 Members of the public seeking counseling services and entities that seek to employ LPCs, LMFTs, and LSATPs would benefit to the extent that the proposed changes lead to a larger pool of licensed providers.

Businesses and Other Entities Affected. DHP reports that there were 3,429 residents in counseling, 191 residents in marriage and family therapy and 18 substance abuse treatment residents as of December 31, 2024.7 Current and future residents would benefit from the proposed amendments. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.8 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.9 Since the proposed changes do not create any new costs or reduce benefits, an adverse impact is not indicated.

Small Businesses10 Affected.11 The proposed amendments do not adversely affect small businesses.

Localities12 Affected.13 The proposed amendments would neither impact any locality in particular nor create new costs for local governments.

Projected Impact on Employment. The proposed amendments are unlikely to affect total employment. As mentioned previously, the number of residents and licensees in these professions would likely increase as a result of the reductions in the residency requirements. However, the magnitude of such an increase is likely to be modest relative to the current size of the workforce in these professions.

Effects on the Use and Value of Private Property. The proposed amendments are not expected to affect the value of private property. Real estate development costs would not be affected.

_____________________________

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=406.

3 See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

4 Some current residents who have already completed several hours of residency performing ancillary counseling services may find the proposed changes to be unfair; however, those are sunk costs.

5 See https://townhall.virginia.gov/L/GetFile.cfm?File=Meeting\25\38251\Agenda_DHP_38251_v1.pdf, page 7.

6 See https://www.dhp.virginia.gov/media/dhpweb/docs/hwdc/behsci/0701LPC2023.pdf, page 10.

7 See https://www.dhp.virginia.gov/about/stats/2025Q2/04CurrentLicenseCountQ2FY2025.pdf, page 2.

8 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.

9 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.

10 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."

11 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.

12 "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.

13 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 reduce requirements for residency prior to receiving a license in professional counseling, marriage and family therapy, and substance abuse treatment. Specifically, the amendments (i) allow for inactive resident licenses; (ii) reduce educational reporting requirements; (iii) reduce the hours requirements for residency; (iv) eliminate required areas of residency; (v) remove requirements to complete residency requirements within four years; (vi) remove time limits to complete required examinations; and (vii) eliminate the current five-year limit on renewal of a resident license, making the license renewable indefinitely.

18VAC115-20-10. Definitions.

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

"Board"

"Counseling"

"Professional counselor"

B. The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Ancillary counseling services" means activities such as case management, recordkeeping, referral, and coordination of services.

"Applicant" means any individual who has submitted an official application and paid the application fee for licensure as a professional counselor.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"Candidate for licensure" means a person who has satisfactorily completed all educational and experience requirements for licensure and has been deemed eligible by the board to sit for its examinations.

"Clinical counseling services" means activities such as assessment, diagnosis, treatment planning, and treatment implementation.

"Competency area" means an area in which a person possesses knowledge and skill and the ability to apply them in the clinical setting.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"CORE" means Council on Rehabilitation Education.

"Exempt setting" means an agency or institution in which licensure is not required to engage in the practice of counseling according to the conditions set forth in § 54.1-3501 of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical counseling services for a client.

"Group supervision" means the process of clinical supervision of no more than six persons in a group setting provided by a qualified supervisor.

"Internship" means a formal academic course from a regionally accredited college or university in which supervised, practical experience is obtained in a clinical setting in the application of counseling principles, methods, and techniques.

"Jurisdiction" means a state, territory, district, province, or country that has granted a professional certificate or license to practice a profession, use a professional title, or hold oneself out as a practitioner of that profession.

"Nonexempt setting" means a setting that does not meet the conditions of exemption from the requirements of licensure to engage in the practice of counseling as set forth in § 54.1-3501 of the Code of Virginia.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education responsible for accrediting senior postsecondary institutions.

"Residency" means a postgraduate, supervised, clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board to provide clinical services in professional counseling under supervision.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual or group consultation, guidance, and instruction that is specific to the clinical counseling services being performed with respect to the clinical skills and competencies of the person supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

18VAC115-20-20. Fees required by the board.

A. The board has established the following fees applicable to licensure as a professional counselor or a resident in counseling:

Initial licensure by examination: Application processing and initial licensure as a professional counselor

$175

Initial licensure by endorsement: Application processing and initial licensure as a professional counselor

$175

Application and initial licensure as a resident in counseling

$65

Pre-review of education only

$75

Duplicate license

$10

Verification of licensure to another jurisdiction

$30

Active annual license renewal for a professional counselor

$130

Inactive annual license renewal for a professional counselor

$65

Annual renewal for a resident in counseling

$30

Inactive annual renewal for a resident in counseling

$15

Late renewal for a professional counselor

$45

Late renewal for a resident in counseling

$10

Reinstatement of a lapsed license for a professional counselor

$200

Reinstatement following revocation or suspension

$600

Replacement of or additional wall certificate

$25

Returned check or dishonored credit or debit card

$50

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

18VAC115-20-51. Coursework requirements.

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate study in the following core coursework with a minimum of three semester hours or 4.0 quarter hours in each of subdivisions 1 through 12 of this subsection:

1. Professional counseling identity, function, and ethics;

2. Theories of counseling and psychotherapy;

3. Counseling and psychotherapy techniques;

4. Human growth and development;

5. Group counseling and psychotherapy theories and techniques;

6. Career counseling and development theories and techniques;

7. Appraisal, evaluation, and diagnostic procedures;

8. Abnormal behavior and psychopathology;

9. Multicultural counseling theories and techniques;

10. Research;

11. Diagnosis and treatment of addictive disorders;

12. Marriage and family systems theory; and

13. Supervised internship of at least 600 hours to include 240 hours of face-to-face client contact. Only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours.

B. If 60 graduate hours in counseling were completed prior to April 12, 2000, the board may accept those hours if they meet the regulations in effect at the time the 60 hours were completed.

18VAC115-20-52. Resident license and requirements for a residency requirements.

A. Resident license. Applicants for temporary licensure as a resident in counseling shall:

1. Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the clinical supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing clinical counseling services;

2. Have submitted an official transcript documenting a graduate degree that meets the requirements specified in 18VAC115-20-49 to include completion of the coursework and internship requirement specified in 18VAC115-20-51;

3. Pay the registration fee;

4. Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

5. Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Residency requirements.

1. The applicant for licensure as a professional counselor shall have completed a 3,400-hour supervised residency in the role of a professional counselor working with various populations, clinical problems, and theoretical approaches in the following areas: a. Assessment and diagnosis using psychotherapy techniques; b. Appraisal, evaluation, and diagnostic procedures; c. Treatment planning and implementation; d. Case management and recordkeeping; e. Professional counselor identity and function; and f. Professional ethics and standards of practice.

2. The residency shall include a minimum of 2,000 hours of face-to-face client contact providing clinical counseling services.

3. The residency shall include a minimum of 200 hours of in-person supervision between supervisor and resident in the consultation and review of clinical counseling services provided by the resident.

a. Supervision shall occur at a minimum of one hour and a maximum of four hours per 40 hours of work experience during the period of the residency.

b. For the purpose of meeting the 200-hour supervision requirement, in-person may include the use of secured technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident. Up to 20 hours of the supervision received during the supervised internship may be counted toward the 200 hours of in-person supervision if the supervision was provided by a licensed professional counselor.

3. c. No more than half of the 200 hours may be satisfied with group supervision. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

4. The resident will complete a minimum of 1,000 hours of face-to-face client contact and 100 hours of supervision within two years immediately preceding application to the board for licensure as a professional counselor.

5. Supervision that is not concurrent with a residency will not be accepted, nor will residency hours be accrued in the absence of approved supervision.

5. The residency shall include at least 2,000 hours of face-to-face client contact in providing clinical counseling services. The remaining hours may be spent in the performance of ancillary counseling services.

6. A graduate-level internship in excess of 600 hours, which was completed in a program that meets the requirements set forth in 18VAC115-20-49, may count for up to an additional 300 hours toward the requirements of a residency.

7. Supervised practicum and internship hours in a CACREP-accredited doctoral counseling program may be accepted for up to 900 hours of the residency requirement and up to 100 of the required hours of supervision provided the supervisor holds a current, unrestricted license as a professional counselor.

8. 6. The residency shall be completed in not less than 21 months or more than four years. Residents who began a residency before August 24, 2016, shall complete the residency by August 24, 2020. An individual who does not complete the residency after four years shall submit evidence to the board showing why the supervised experience should be allowed to continue.

7. A resident shall meet the renewal requirements of subsection C of 18VAC115-20-100 in order to maintain a license in current, active status.

9. 8. The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.

10. 9. Residents may not call themselves professional counselors, directly bill for services rendered, or in any way represent themselves as independent, autonomous practitioners or professional counselors. During the residency, residents shall use their names and the initials of their degree, and the title "Resident in Counseling" in all written communications. Clients shall be informed in writing that the resident does not have authority for independent practice and is under supervision and shall provide the supervisor's name, professional address, and phone telephone number.

11. 10. Residents shall not engage in practice under supervision in any areas for which they have not had appropriate education.

12. Residency 11. The board will accept residency hours approved by the licensing board in another United States jurisdiction that meet the requirements of this section shall be accepted.

C. Supervisory qualifications. A person who provides supervision for a resident in professional counseling shall:

1. Document two years of post-licensure clinical experience;

2. Have received professional training in supervision, consisting of three credit hours or 4.0 quarter hours in graduate-level coursework in supervision or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-20-106; and

3. Hold an active, unrestricted license as a professional counselor or a marriage and family therapist in the jurisdiction where the supervision is being provided. At least 100 hours of the supervision shall be rendered by a licensed professional counselor. Supervisors who are substance abuse treatment practitioners, school psychologists, clinical psychologists, clinical social workers, or psychiatrists and have been approved to provide supervision may continue to do so until August 24, 2017.

D. Supervisory responsibilities.

1. Supervision by any individual whose relationship to the resident compromises the objectivity of the supervisor is prohibited.

2. The supervisor of a resident shall assume full responsibility for the clinical activities of that resident specified within the supervisory contract for the duration of the residency.

3. The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period.

4. The supervisor shall report the total hours of residency and shall evaluate the applicant's competency in the six areas stated in subdivision B 1 of this section.

5. The supervisor shall provide supervision as defined in 18VAC115-20-10.

E. Applicants shall document successful completion of their residency on the Verification of Supervision Form at the time of application. Applicants must receive a satisfactory competency evaluation on each item on the evaluation sheet. Supervised experience obtained prior to April 12, 2000, may be accepted toward licensure if this supervised experience met the board's requirements that were in effect at the time the supervision was rendered.

18VAC115-20-70. General examination requirements; schedules; time limits.

A. Every applicant for initial licensure by examination by the board as a professional counselor shall pass a written examination as prescribed by the board. An applicant is required to have passed the prescribed examination within six years from the date of initial issuance of a resident license by the board.

B. Every applicant for licensure by endorsement shall have passed a licensure examination in the jurisdiction in which licensure was obtained.

C. The board shall establish a passing score on the written examination.

D. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a professional counselor.

18VAC115-20-100. Annual Licensure renewal of licensure.

A. Every licensed professional counselor licensee who intends to continue an active practice shall submit to the board on or before June 30 of each year:

1. A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and

2. The renewal fee prescribed in 18VAC115-20-20.

B. A licensed professional counselor licensee who wishes to place his a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-20-20. No person shall practice counseling in Virginia unless he the person holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in subsection C of 18VAC115-20-110.

C. For renewal of a resident license in counseling, the following shall apply:

1. A resident license shall expire annually in the month the resident license was initially issued and may be renewed up to five times by submission of the renewal form and payment of the fee prescribed in 18VAC115-20-20.

2. 1. On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing clinical counseling services.

3. 2. On the annual renewal, the resident in counseling shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-20-106.

D. Licensees shall notify the board of a change in the address of record or the public address, if different from the address of record within 60 days. Failure to receive a renewal notice from the board shall not relieve the license holder from the renewal requirement.

E. Practice with an expired license is prohibited and may constitute grounds for disciplinary action.

18VAC115-50-10. Definitions.

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

(i) "board, "Board"

(ii) "marriage and family therapy,"

(iii) "marriage "Marriage and family therapist," and

"Marriage and family therapy"

(iv) "practice "Practice of marriage and family therapy."

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Ancillary counseling services" means activities such as case management, recordkeeping, referral, and coordination of services.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"COAMFTE" means the Commission on Accreditation for Marriage and Family Therapy Education.

"Clinical marriage and family services" means activities such as assessment, diagnosis, and treatment planning and treatment implementation for couples and families.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical marriage and family services for a client.

"Internship" means a formal academic course from a regionally accredited university in which supervised practical experience is obtained in a clinical setting in the application of counseling principles, methods, and techniques.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education as responsible for accrediting senior post-secondary institutions and training programs.

"Residency" means a postgraduate, supervised clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board approval to provide clinical services in marriage and family therapy under supervision.

"Supervision" means an ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented, individual or group consultation, guidance, and instruction with respect to the clinical skills and competencies of the person or persons being supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

18VAC115-50-20. Fees.

A. The board has established fees for the following:

Application and initial licensure as a resident

$65

Pre-review of education only

$75

Initial licensure by examination: Processing and initial licensure as a marriage and family therapist

$175

Initial licensure by endorsement: Processing and initial licensure as a marriage and family therapist

$175

Active annual license renewal for a marriage and family therapist

$130

Inactive annual license renewal for a marriage and family therapist

$65

Annual renewal for a resident in marriage and family therapy

$30

Inactive annual renewal for a resident in marriage and family therapy

$15

Penalty for late renewal for a marriage and family therapist

$45

Late renewal for resident in marriage and family therapy

$10

Reinstatement of a lapsed license for a marriage and family therapist

$200

Verification of license to another jurisdiction

$30

Additional or replacement licenses

$10

Additional or replacement wall certificates

$25

Returned check or dishonored credit or debit card

$50

Reinstatement following revocation or suspension

$600

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

18VAC115-50-55. Coursework requirements.

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate coursework with a minimum of six semester hours or nine quarter hours completed in each of the core areas identified in subdivisions 1 and 2 of this subsection, and three semester hours or 4.0 quarter hours in each of the core areas identified in subdivisions 3 through 9 of this subsection:

1. Marriage and family studies (marital and family development; family systems theory);

2. Marriage and family therapy (systemic therapeutic interventions and application of major theoretical approaches);

3. Human growth and development across the lifespan;

4. Abnormal behaviors;

5. Diagnosis and treatment of addictive behaviors;

6. Multicultural counseling;

7. Professional identity and ethics;

8. Research (research methods; quantitative methods; statistics);

9. Assessment and treatment (appraisal, assessment and diagnostic procedures); and

10. Supervised internship of at least 600 hours to include 240 hours of direct client contact, of which 200 hours shall be with couples and families. Only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours.

B. If the applicant holds a current, unrestricted license as a professional counselor, clinical psychologist, or clinical social worker, the board may accept evidence of successful completion of 60 semester hours or 90 quarter hours of graduate study, including a minimum of six semester hours or nine quarter hours completed in marriage and family studies (marital and family development; family systems theory) and six semester hours or nine quarter hours completed in marriage and family therapy (systemic therapeutic interventions and application of major theoretical approaches).

18VAC115-50-60. Resident license and requirements for a residency requirements.

A. Resident license. Applicants for temporary licensure as a resident in marriage and family therapy shall:

1. Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing marriage and family services.

2. Have submitted an official transcript documenting a graduate degree as that meets the requirements specified in 18VAC115-50-50 to include completion of the coursework and internship requirement specified in 18VAC115-50-55;

3. Pay the registration fee;

4. Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

5. Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Residency requirements.

1. The applicant for licensure as a marriage and family therapist shall have completed no fewer than 3,400 hours of a supervised residency in the role of a marriage and family therapist, to include 200 hours of in-person supervision with the supervisor in the consultation and review of marriage and family services provided by the resident. For the purpose of meeting the 200 hours of supervision required for a residency, in-person may also include the use of technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident. At least one-half 100 of the 200 hours of supervision shall be rendered by a licensed marriage and family therapist.

a. Residents shall receive a minimum of one hour and a maximum of four hours of supervision for every 40 hours of supervised work experience.

b. No more than 100 hours of the supervision may be acquired through group supervision, with the group consisting of no more than six residents. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

c. Up to 20 hours of the supervision received during the supervised internship may be counted towards the 200 hours of in-person supervision if the supervision was provided by a licensed marriage and family therapist or a licensed professional counselor.

2. The residency shall include documentation of at least 2,000 hours of face-to-face client contact in clinical marriage and family services, of which 1,000 hours shall be face-to-face client contact with couples or families or both. The remaining hours may be spent in the performance of ancillary counseling services. For applicants who hold current, unrestricted licensure as a professional counselor, clinical psychologist, or clinical social worker, the remaining hours may be waived.

3. The residency shall consist of practice in the core areas set forth in 18VAC115-50-55.

4. The resident will complete a minimum of 1,000 hours of face-to-face client contact, of which 500 hours shall be face-to-face client contact with couples or family or both, and 100 hours of supervision within two years immediately preceding application to the board for licensure as a marriage and family therapist.

4. 5. The residency shall begin after the completion of a master's degree in marriage and family therapy or a related discipline as set forth in 18VAC115-50-50.

5. A graduate-level internship in excess of 600 hours, which was completed in a program that meets the requirements set forth in 18VAC115-50-50, may count for up to an additional 300 hours towards the requirements of a residency.

6. Supervised practicum and internship hours in a COAMFTE-accredited or a CACREP-accredited doctoral program in marriage and family therapy or counseling may be accepted for up to 900 hours of the residency requirement and up to 100 of the required hours of supervision provided the supervisor holds a current, unrestricted license as a marriage and family therapist or professional counselor.

7. 6. The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.

8. 7. Residents shall not call themselves marriage and family therapists, directly bill for services rendered, or in any way represent themselves as marriage and family therapists. During the residency, residents may use their names, the initials of their degree, and the title "Resident in Marriage and Family Therapy." Clients shall be informed in writing that the resident does not have authority for independent practice and is under supervision, along with the name, address, and telephone number of the resident's supervisor.

9. 8. Residents shall not engage in practice under supervision in any areas for which they do not have appropriate education.

10. 9. The residency shall be completed in not less than 21 months or more than four years. Residents who began a residency before August 24, 2016, shall complete the residency by August 24, 2020. An individual who does not complete the residency after four years shall submit evidence to the board showing why the supervised experience should be allowed to continue. A resident shall meet the renewal requirements of subsection C of 18VAC115-50-90 in order to maintain a resident license in current, active status.

11. Residency 10. The board will accept residency hours that are approved by the licensing board in another United States jurisdiction and that meet the requirements of this section shall be accepted.

C. Supervisory qualifications. A person who provides supervision for a resident in marriage and family therapy shall:

1. Hold an active, unrestricted license as a marriage and family therapist or professional counselor in the jurisdiction where the supervision is being provided;

2. Document two years post-licensure marriage and family therapy experience; and

3. Have received professional training in supervision, consisting of three credit hours or 4.0 quarter hours in graduate-level coursework in supervision or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-50-96. At least one-half of the 200 hours of supervision shall be rendered by a licensed marriage and family therapist. Supervisors who are clinical psychologists, clinical social workers, or psychiatrists and have been approved to provide supervision may continue to do so until August 24, 2017.

D. Supervisory responsibilities.

1. The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period. The supervisor shall report the total hours of residency and evaluate the applicant's competency to the board.

2. Supervision by an individual whose relationship to the resident is deemed by the board to compromise the objectivity of the supervisor is prohibited.

3. The supervisor shall provide supervision as defined in 18VAC115-50-10 and shall assume full responsibility for the clinical activities of residents as specified within the supervisory contract for the duration of the residency.

18VAC115-50-70. General examination requirements.

A. All applicants for initial licensure shall pass an examination, as prescribed by the board, with a passing score as determined by the board. The examination is waived for an applicant who holds a current and unrestricted license as a professional counselor issued by the board.

B. An applicant is required to pass the prescribed examination within six years from the date of initial issuance of a resident license by the board.

C. B. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a marriage and family therapist.

18VAC115-50-90. Annual Licensure renewal of license.

A. All licensed marriage and family therapists Each licensee who intend intends to continue an active practice shall submit to the board on or before June 30 of each year:

1. A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and

2. The renewal fee prescribed in 18VAC115-50-20.

B. A licensed marriage and family therapist licensee who wishes to place his a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-50-20. No person shall practice marriage and family therapy in Virginia unless he the person holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in 18VAC115-50-100 C.

C. For renewal of a resident license in marriage and family therapy, the following shall apply:

1. A resident license shall expire annually in the month the license was initially issued and may be renewed up to five times by submission of the renewal form and payment of the fee prescribed in 18VAC115-50-20.

2. 1. On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing marriage and family therapy.

3. On the annual renewal, residents in marriage and family therapy shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-50-96.

D. Licensees shall notify the board of a change in the address of record or the public address, if different from the address of record within 60 days. Failure to receive a renewal notice from the board shall not relieve the license holder from the renewal requirement.

E. After the renewal date, the license is expired; practice with an expired license is prohibited and may constitute grounds for disciplinary action.

18VAC115-60-10. Definitions.

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

"Board"

"Licensed substance abuse treatment practitioner"

"Substance abuse"

"Substance abuse treatment"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Ancillary services" means activities such as case management, recordkeeping, referral, and coordination of services.

"Applicant" means any individual who has submitted an official application and paid the application fee for licensure as a substance abuse treatment practitioner.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"Candidate for licensure" means a person who has satisfactorily completed all educational and experience requirements for licensure and has been deemed eligible by the board to sit for its examinations.

"Clinical substance abuse treatment services" means activities such as assessment, diagnosis, treatment planning, and treatment implementation.

"COAMFTE" means the Commission on Accreditation for Marriage and Family Therapy Education.

"Competency area" means an area in which a person possesses knowledge and skill and the ability to apply them in the clinical setting.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Exempt setting" means an agency or institution in which licensure is not required to engage in the practice of substance abuse treatment according to the conditions set forth in § 54.1-3501 of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical substance abuse treatment services for a client.

"Group supervision" means the process of clinical supervision of no more than six persons in a group setting provided by a qualified supervisor.

"Internship" means a formal academic course from a regionally accredited university in which supervised, practical experience is obtained in a clinical setting in the application of counseling principles, methods and techniques.

"Jurisdiction" means a state, territory, district, province, or country that has granted a professional certificate or license to practice a profession, use a professional title, or hold oneself out as a practitioner of that profession.

"Nonexempt setting" means a setting that does not meet the conditions of exemption from the requirements of licensure to engage in the practice of substance abuse treatment as set forth in § 54.1-3501 of the Code of Virginia.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education responsible for accrediting senior postsecondary institutions.

"Residency" means a postgraduate, supervised, clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board to provide clinical services in substance abuse treatment under supervision.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual or group consultation, guidance, and instruction with respect to the clinical skills and competencies of the person supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

18VAC115-60-20. Fees required by the board.

A. The board has established the following fees applicable to licensure as a substance abuse treatment practitioner or resident in substance abuse treatment:

Application and initial licensure as a resident in substance abuse treatment

$65

Pre-review of education only

$75

Initial licensure by examination: Processing and initial licensure as a substance abuse treatment practitioner

$175

Initial licensure by endorsement: Processing and initial licensure as a substance abuse treatment practitioner

$175

Active annual license renewal for a substance abuse treatment practitioner

$130

Inactive annual license renewal for a substance abuse treatment practitioner

$65

Annual renewal for a resident in substance abuse treatment

$30

Inactive annual renewal for resident in substance abuse treatment

$15

Duplicate license

$10

Verification of license to another jurisdiction

$30

Late renewal for a substance abuse treatment practitioner

$45

Late renewal for a resident in substance abuse treatment

$10

Reinstatement of a lapsed license of a substance abuse treatment practitioner

$200

Replacement of or additional wall certificate

$25

Returned check or dishonored credit or debit card

$50

Reinstatement following revocation or suspension

$600

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

18VAC115-60-70. Coursework requirements.

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate study.

B. The applicant shall have completed a general core curriculum containing a minimum of three semester hours or 4.0 quarter hours in each of the areas identified in this section:

1. Professional identity, function, and ethics;

2. Theories of counseling and psychotherapy;

3. Counseling and psychotherapy techniques;

4. Group counseling and psychotherapy, theories, and techniques;

5. Appraisal, evaluation, and diagnostic procedures;

6. Abnormal behavior and psychopathology;

7. Multicultural counseling, theories, and techniques;

8. Research; and

9. Marriage and family systems theory.

C. The applicant shall also have completed 12 graduate semester credit hours or 18 graduate quarter hours in the following substance abuse treatment competencies.

1. Assessment, appraisal, evaluation, and diagnosis specific to substance abuse;

2. Treatment planning models, client case management, interventions, and treatments to include relapse prevention, referral process, step models, and documentation process;

3. Understanding addictions: The biochemical, sociocultural, and psychological factors of substance use and abuse;

4. Addictions and special populations, including, but not limited to, adolescents, women, ethnic groups, and the elderly; and

5. Client and community education.

D. The applicant shall have completed a supervised internship of 600 hours to include 240 hours of direct client contact, of which 200 hours shall be in treating substance abuse-specific treatment problems. Only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours.

E. One course may satisfy study in more than one content area set forth in subsections B and C of this section.

F. If the applicant holds a current, unrestricted license as a professional counselor, clinical psychologist, or clinical social worker, the board may accept evidence of successful completion of 60 semester hours or 90 quarter hours of graduate study, including the hours specified in subsection C of this section.

18VAC115-60-80. Resident license and requirements for a residency requirements.

A. Licensure. Applicants for a temporary resident license in substance abuse treatment shall:

1. Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing substance abuse treatment services;

2. Have submitted an official transcript documenting a graduate degree that meets the requirements specified in 18VAC115-60-60 to include completion of the coursework and internship requirement specified in 18VAC115-60-70;

3. Pay the registration fee;

4. Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

5. Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Applicants who are beginning their residencies in exempt settings shall register supervision with the board to assure ensure acceptability at the time of application.

C. Residency requirements.

1. The applicant for licensure as a substance abuse treatment practitioner shall have completed no fewer than 3,400 hours in a supervised residency in substance abuse treatment with various populations, clinical problems, and theoretical approaches in the following areas: a. Clinical evaluation; b. Treatment planning, documentation, and implementation; c. Referral and service coordination; d. Individual and group counseling and case management; e. Client family and community education; and f. Professional and ethical responsibility.

2. The residency shall include at least 2,000 hours of face-to-face client contact in providing clinical substance abuse treatment services with individuals, families, or groups of individuals suffering from the effects of substance abuse or dependence.

3. The residency shall include a minimum of 200 hours of in-person supervision between supervisor and resident occurring at a minimum of one hour and a maximum of four hours per 40 hours of work experience during the period of the residency.

a. No more than half of these hours may be satisfied with group supervision.

b. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

c. Supervision that is not concurrent with a residency will not be accepted, nor will residency hours be accrued in the absence of approved supervision.

d. For the purpose of meeting the 200-hour supervision requirement, in-person supervision may include the use of technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident.

e. Up to 20 hours of the supervision received during the supervised internship may be counted towards the 200 hours of in-person supervision if the supervision was provided by a licensed professional counselor.

3. The residency shall include at least 2,000 hours of face-to-face client contact in providing clinical substance abuse treatment services with individuals, families, or groups of individuals suffering from the effects of substance abuse or dependence. The remaining hours may be spent in the performance of ancillary services.

4. A graduate level degree internship in excess of 600 hours, which is completed in a program that meets the requirements set forth in 18VAC115-60-70, may count for up to an additional 300 hours towards the requirements of a residency The resident will complete a minimum of 1,000 hours of face-to-face client contact and 100 hours of supervision within two years immediately preceding application to the board for licensure as a substance abuse treatment practitioner.

5. The residency shall be completed in not less than 21 months or more than four years. Residents who began a residency before August 24, 2016, shall complete the residency by August 24, 2020. An individual who does not complete the residency after four years shall submit evidence to the board showing why the supervised experience should be allowed to continue. A resident shall meet the renewal requirements of subsection C of 18VAC115-60-110 in order to maintain a license in current, active status.

6. The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.

7. Residents may not call themselves substance abuse treatment practitioners, directly bill for services rendered, or in any way represent themselves as independent, autonomous practitioners or substance abuse treatment practitioners. During the residency, residents shall use their names and the initials of their degree, and the title "Resident in Substance Abuse Treatment" in all written communications. Clients shall be informed in writing that the resident does not have authority for independent practice and is under supervision and shall provide the supervisor's name, professional address, and telephone number.

8. Residents shall not engage in practice under supervision in any areas for which they have not had appropriate education.

9. Residency The board will accept residency hours that are approved by the licensing board in another United States jurisdiction and that meet the requirements of this section shall be accepted.

D. Supervisory qualifications.

1. A person who provides supervision for a resident in substance abuse treatment shall hold an active, unrestricted license as a professional counselor or substance abuse treatment practitioner in the jurisdiction where the supervision is being provided. Supervisors who are marriage and family therapists, school psychologists, clinical psychologists, clinical social workers, clinical nurse specialists, or psychiatrists and have been approved to provide supervision may continue to do so until August 24, 2017.

2. All supervisors shall document two years post-licensure substance abuse treatment experience and at least 100 hours of didactic instruction in substance abuse treatment. Supervisors must document a three-credit-hour course in supervision, a 4.0-quarter-hour course in supervision, or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-60-116.

E. Supervisory responsibilities.

1. Supervision by any individual whose relationship to the resident compromises the objectivity of the supervisor is prohibited.

2. The supervisor of a resident shall assume full responsibility for the clinical activities of that resident specified within the supervisory contract for the duration of the residency.

3. The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period.

4. The supervisor shall report the total hours of residency and shall evaluate the applicant's competency in the six areas stated in subdivision C 1 of this section.

F. Documentation of supervision. Applicants shall document successful completion of their residency on the Verification of Supervision form at the time of application. Applicants must receive a satisfactory competency evaluation on each item on the evaluation sheet.

18VAC115-60-90. General examination requirements; time limits.

A. Every applicant for licensure as a substance abuse treatment practitioner by examination shall pass a written examination as prescribed by the board. Such applicant is required to pass the prescribed examination within six years from the date of initial issuance of a resident license by the board.

B. Every applicant for licensure as a substance abuse treatment practitioner by endorsement shall have passed a substance abuse examination deemed by the board to be substantially equivalent to the Virginia examination.

C. The examination is waived for an applicant who holds a current and unrestricted license as a professional counselor issued by the board.

D. The board shall establish a passing score on the written examination.

E. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a substance abuse treatment practitioner.

18VAC115-60-110. Renewal of licensure Licensure renewal.

A. Every substance abuse treatment practitioner licensee who intends to continue an active practice shall submit to the board on or before June 30 of each year:

1. A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and

2. The renewal fee prescribed in 18VAC115-60-20.

B. A substance abuse treatment practitioner licensee who wishes to place his a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-60-20. No person shall practice substance abuse treatment in Virginia unless he the person holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in subsection C of 18VAC115-60-120.

C. For renewal of a resident license in substance abuse treatment, the following shall apply:

1. A resident license shall expire annually in the month the resident license was initially issued and may be renewed up to five times by submission of the renewal form and payment of the fee prescribed in 18VAC115-60-20.

2. 1. On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing substance abuse treatment services.

3. 2. On the annual renewal, residents in substance abuse treatment shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-60-116.

D. Licensees shall notify the board of a change in the address of record or the public address, if different from the address of record within 60 days. Failure to receive a renewal notice from the board shall not relieve the license holder from the renewal requirement.

E. After the renewal date, the license is expired; practice with an expired license is prohibited and may constitute grounds for disciplinary action.

VA.R. Doc. No. R26-8176; Filed October 15, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF COUNSELING
Fast-Track

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Fast-Track Regulation

Titles of Regulations: 18VAC115-20. Regulations Governing the Practice of Professional Counseling (amending 18VAC115-20-10, 18VAC115-20-20, 18VAC115-20-51, 18VAC115-20-52, 18VAC115-20-70, 18VAC115-20-100).

18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy (amending 18VAC115-50-10, 18VAC115-50-20, 18VAC115-50-55 through 18VAC115-50-90).

18VAC115-60. Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners (amending 18VAC115-60-10, 18VAC115-60-20, 18VAC115-60-70 through 18VAC115-60-110).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 3, 2025.

Effective Date: December 18, 2025.

Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, fax (804) 527-4435, or email jaime.hoyle@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 it provides full licensure in a less onerous manner for professional counselors, marriage and family therapists, and substance abuse treatment practitioners, leading to more behavioral health practitioners in the Commonwealth.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it significantly reduces residency requirements, which stakeholders have repeatedly requested.

Substance: The amendments (i) allow for inactive resident licenses; (ii) reduce educational reporting requirements; (iii) reduce the hours requirements for residency; (iv) eliminate required areas of residency; (v) remove requirements to complete residency requirements within four years; (vi) remove time limits to complete required examinations; and (vii) eliminate the current five-year limit on renewal of a resident license, making the license renewable indefinitely.

Issues: The primary advantage to the public is a greater number of available behavioral health practitioners in the Commonwealth. 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. The Board of Counseling (board) proposes to reduce the required hours for residency, remove or relax the time limits to complete a residency, and allow for inactive resident licenses. These changes would apply to residents seeking licensure as Licensed Professional Counselors (LPCs), or Licensed Marriage and Family Therapists (LMFTs), or as Licensed Substance Abuse Treatment Practitioners (LSATPs). This action is related to a 2024 petition for rulemaking and in response to Executive Order 19 (2022) and Executive Directive 1 (2022).

Background. A 2024 petition for rulemaking requested the board to make certain reductions to the residency requirements for LPCs.2 In addition, Executive Directive 1 (2022) directed executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.3 Thus, although the board did not amend the regulation for LPCs directly in response to the petition, board regulatory committee conducted a review of the residency requirements for individuals seeking licensure as an LPC, LMFT, and LSATP, and elected to reduce residency requirements for all three professions in their governing regulations (i.e., 18VAC115-20, 18VAC115-50, and 18VAC115-60, respectively). The most substantive changes are summarized below; these changes would be implemented identically in all three chapters unless specified otherwise. The definitions of each chapter are amended to remove the definition of ancillary counseling services in 18VAC115-20 and 18VAC115-50, and ancillary services in 18VAC115-60, as these terms would be eliminated. Ancillary (counseling) services means activities such as case management, recordkeeping, referral, and coordination of services. The fees for each chapter are amended to add a $15 fee for inactive annual renewal of a resident license. This would be half the $30 fee currently required for the annual renewal of a resident license. Coursework requirements in 18VAC115-20-51, 18VAC115-50-55, and 18VAC115-60-70 are amended to remove a limitation that, only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours. The board considered this to be overly restrictive and unnecessary. Resident license and residency requirements (18VAC115-20-52, 18VAC115-50-60, and 18VAC115-60-80 currently require 3,400 hours of residency, including 2,000 hours of face-to-face client contact and 200 hours of supervision, to be completed within four years. The remaining 1,400 hours may consist of additional face-to-face hours or hours spent on ancillary (counseling) services. The board proposes two main changes: (i) requiring only the 2,000 hours of face-to-face client contact, with 200 hours of supervision, thereby removing the need for any hours of ancillary (counseling) services, and (ii) removing the four year time limit to complete these requirements and instead requiring that at least half the hours (1,000 hours of face-to-face client contact and 100 hours of supervision) be completed during the two years immediately preceding application for licensure. In 18VAC115-50, governing marriage and family therapy, the current requirement that half of the face-to-face client contact hours (1,000 of the 2,000 hours) be with couples or families or both would remain as is. Further, the board seeks to newly specify that at least 500 of those 1,000 hours with couples or families or both occur during the two years immediately preceding application for licensure. Other changes in these sections would remove specific lists of topics to be covered in the residency (18VAC115-20 and 18VAC115-60 only) and remove language that caps the number of residency hours that can be satisfied using excess hours from graduate internships or practicum. The Department of Health Professions (DHP) has clarified that all graduate internship or practicum hours that involve face-to-face client contact can count toward the overall 2,000-hour residency requirement. General examination requirements in 18VAC115-20-70, 18VAC115-50-70, and 18VAC115-60-90 are amended to remove a requirement that applicants must pass the prescribed examination within six years from the date of initial issuance of a resident license. Lastly, sections regarding the (annual) renewal of licensure are amended to remove a limitation that resident licenses may only be renewed five times, since residents may now switch to an inactive resident license and then switch back to an active resident license. DHP has clarified that the requirements for renewing an active resident license, including continuing education hours, would apply when a resident seeks to return from inactive to active status.

Estimated Benefits and Costs. The proposed amendments are broadly intended to reduce the residency requirements for individuals seeking licensure as LPCs, LMFTs, and LSATPs and to increase flexibility for residents by (i) extending the possible timeline to complete the residency requirements and pass the licensure examination and (ii) allowing residents to maintain an inactive license if they need to take an extended break. Thus, current and future residents seeking licensure in these professions would benefit the most from the proposed changes. DHP reports that the board has repeatedly received complaints and requests regarding the rigidity of the current requirements and that the proposed changes are not expected to increase any requirements or burden residents in these professions in any way.4 Board regulatory committee also considered current requirements in other states, as well as requirements for licensed practitioners under the Board of Psychology in Virginia to establish the proposed requirements.5 One benefit of the proposed changes would be to make the residency requirements more similar to those in other states. Reducing barriers to entry into these professions could increase the number of entrants via three possible channels: (i) a small one-time increase as current residents are able to complete the residency faster, (ii) a permanent increase due to lower attrition amongst residents who have to take a break in their residency and are unable to complete it within the current time limits, and (iii) an increase if more individuals enter these professions because they expect to complete the requirements and join the workforce sooner. Because the educational requirements and costs thereof pose a more direct barrier to entry, the relative magnitude of increased entry into these professions due to the second and third channels are not expected to be significant. Lastly, increased entry would theoretically be expected to increase competition amongst these professionals in Virginia. However, a 2023 survey of the Virginia LPC workforce shows that less than 1.0% of LPCs were involuntarily unemployed, which suggests a relatively robust demand at least for LPC services.6 Members of the public seeking counseling services and entities that seek to employ LPCs, LMFTs, and LSATPs would benefit to the extent that the proposed changes lead to a larger pool of licensed providers.

Businesses and Other Entities Affected. DHP reports that there were 3,429 residents in counseling, 191 residents in marriage and family therapy and 18 substance abuse treatment residents as of December 31, 2024.7 Current and future residents would benefit from the proposed amendments. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.8 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.9 Since the proposed changes do not create any new costs or reduce benefits, an adverse impact is not indicated.

Small Businesses10 Affected.11 The proposed amendments do not adversely affect small businesses.

Localities12 Affected.13 The proposed amendments would neither impact any locality in particular nor create new costs for local governments.

Projected Impact on Employment. The proposed amendments are unlikely to affect total employment. As mentioned previously, the number of residents and licensees in these professions would likely increase as a result of the reductions in the residency requirements. However, the magnitude of such an increase is likely to be modest relative to the current size of the workforce in these professions.

Effects on the Use and Value of Private Property. The proposed amendments are not expected to affect the value of private property. Real estate development costs would not be affected.

_____________________________

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=406.

3 See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

4 Some current residents who have already completed several hours of residency performing ancillary counseling services may find the proposed changes to be unfair; however, those are sunk costs.

5 See https://townhall.virginia.gov/L/GetFile.cfm?File=Meeting\25\38251\Agenda_DHP_38251_v1.pdf, page 7.

6 See https://www.dhp.virginia.gov/media/dhpweb/docs/hwdc/behsci/0701LPC2023.pdf, page 10.

7 See https://www.dhp.virginia.gov/about/stats/2025Q2/04CurrentLicenseCountQ2FY2025.pdf, page 2.

8 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.

9 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.

10 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."

11 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.

12 "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.

13 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 reduce requirements for residency prior to receiving a license in professional counseling, marriage and family therapy, and substance abuse treatment. Specifically, the amendments (i) allow for inactive resident licenses; (ii) reduce educational reporting requirements; (iii) reduce the hours requirements for residency; (iv) eliminate required areas of residency; (v) remove requirements to complete residency requirements within four years; (vi) remove time limits to complete required examinations; and (vii) eliminate the current five-year limit on renewal of a resident license, making the license renewable indefinitely.

18VAC115-20-10. Definitions.

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

"Board"

"Counseling"

"Professional counselor"

B. The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Ancillary counseling services" means activities such as case management, recordkeeping, referral, and coordination of services.

"Applicant" means any individual who has submitted an official application and paid the application fee for licensure as a professional counselor.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"Candidate for licensure" means a person who has satisfactorily completed all educational and experience requirements for licensure and has been deemed eligible by the board to sit for its examinations.

"Clinical counseling services" means activities such as assessment, diagnosis, treatment planning, and treatment implementation.

"Competency area" means an area in which a person possesses knowledge and skill and the ability to apply them in the clinical setting.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"CORE" means Council on Rehabilitation Education.

"Exempt setting" means an agency or institution in which licensure is not required to engage in the practice of counseling according to the conditions set forth in § 54.1-3501 of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical counseling services for a client.

"Group supervision" means the process of clinical supervision of no more than six persons in a group setting provided by a qualified supervisor.

"Internship" means a formal academic course from a regionally accredited college or university in which supervised, practical experience is obtained in a clinical setting in the application of counseling principles, methods, and techniques.

"Jurisdiction" means a state, territory, district, province, or country that has granted a professional certificate or license to practice a profession, use a professional title, or hold oneself out as a practitioner of that profession.

"Nonexempt setting" means a setting that does not meet the conditions of exemption from the requirements of licensure to engage in the practice of counseling as set forth in § 54.1-3501 of the Code of Virginia.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education responsible for accrediting senior postsecondary institutions.

"Residency" means a postgraduate, supervised, clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board to provide clinical services in professional counseling under supervision.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual or group consultation, guidance, and instruction that is specific to the clinical counseling services being performed with respect to the clinical skills and competencies of the person supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

18VAC115-20-20. Fees required by the board.

A. The board has established the following fees applicable to licensure as a professional counselor or a resident in counseling:

Initial licensure by examination: Application processing and initial licensure as a professional counselor

$175

Initial licensure by endorsement: Application processing and initial licensure as a professional counselor

$175

Application and initial licensure as a resident in counseling

$65

Pre-review of education only

$75

Duplicate license

$10

Verification of licensure to another jurisdiction

$30

Active annual license renewal for a professional counselor

$130

Inactive annual license renewal for a professional counselor

$65

Annual renewal for a resident in counseling

$30

Inactive annual renewal for a resident in counseling

$15

Late renewal for a professional counselor

$45

Late renewal for a resident in counseling

$10

Reinstatement of a lapsed license for a professional counselor

$200

Reinstatement following revocation or suspension

$600

Replacement of or additional wall certificate

$25

Returned check or dishonored credit or debit card

$50

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

18VAC115-20-51. Coursework requirements.

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate study in the following core coursework with a minimum of three semester hours or 4.0 quarter hours in each of subdivisions 1 through 12 of this subsection:

1. Professional counseling identity, function, and ethics;

2. Theories of counseling and psychotherapy;

3. Counseling and psychotherapy techniques;

4. Human growth and development;

5. Group counseling and psychotherapy theories and techniques;

6. Career counseling and development theories and techniques;

7. Appraisal, evaluation, and diagnostic procedures;

8. Abnormal behavior and psychopathology;

9. Multicultural counseling theories and techniques;

10. Research;

11. Diagnosis and treatment of addictive disorders;

12. Marriage and family systems theory; and

13. Supervised internship of at least 600 hours to include 240 hours of face-to-face client contact. Only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours.

B. If 60 graduate hours in counseling were completed prior to April 12, 2000, the board may accept those hours if they meet the regulations in effect at the time the 60 hours were completed.

18VAC115-20-52. Resident license and requirements for a residency requirements.

A. Resident license. Applicants for temporary licensure as a resident in counseling shall:

1. Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the clinical supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing clinical counseling services;

2. Have submitted an official transcript documenting a graduate degree that meets the requirements specified in 18VAC115-20-49 to include completion of the coursework and internship requirement specified in 18VAC115-20-51;

3. Pay the registration fee;

4. Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

5. Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Residency requirements.

1. The applicant for licensure as a professional counselor shall have completed a 3,400-hour supervised residency in the role of a professional counselor working with various populations, clinical problems, and theoretical approaches in the following areas: a. Assessment and diagnosis using psychotherapy techniques; b. Appraisal, evaluation, and diagnostic procedures; c. Treatment planning and implementation; d. Case management and recordkeeping; e. Professional counselor identity and function; and f. Professional ethics and standards of practice.

2. The residency shall include a minimum of 2,000 hours of face-to-face client contact providing clinical counseling services.

3. The residency shall include a minimum of 200 hours of in-person supervision between supervisor and resident in the consultation and review of clinical counseling services provided by the resident.

a. Supervision shall occur at a minimum of one hour and a maximum of four hours per 40 hours of work experience during the period of the residency.

b. For the purpose of meeting the 200-hour supervision requirement, in-person may include the use of secured technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident. Up to 20 hours of the supervision received during the supervised internship may be counted toward the 200 hours of in-person supervision if the supervision was provided by a licensed professional counselor.

3. c. No more than half of the 200 hours may be satisfied with group supervision. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

4. The resident will complete a minimum of 1,000 hours of face-to-face client contact and 100 hours of supervision within two years immediately preceding application to the board for licensure as a professional counselor.

5. Supervision that is not concurrent with a residency will not be accepted, nor will residency hours be accrued in the absence of approved supervision.

5. The residency shall include at least 2,000 hours of face-to-face client contact in providing clinical counseling services. The remaining hours may be spent in the performance of ancillary counseling services.

6. A graduate-level internship in excess of 600 hours, which was completed in a program that meets the requirements set forth in 18VAC115-20-49, may count for up to an additional 300 hours toward the requirements of a residency.

7. Supervised practicum and internship hours in a CACREP-accredited doctoral counseling program may be accepted for up to 900 hours of the residency requirement and up to 100 of the required hours of supervision provided the supervisor holds a current, unrestricted license as a professional counselor.

8. 6. The residency shall be completed in not less than 21 months or more than four years. Residents who began a residency before August 24, 2016, shall complete the residency by August 24, 2020. An individual who does not complete the residency after four years shall submit evidence to the board showing why the supervised experience should be allowed to continue.

7. A resident shall meet the renewal requirements of subsection C of 18VAC115-20-100 in order to maintain a license in current, active status.

9. 8. The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.

10. 9. Residents may not call themselves professional counselors, directly bill for services rendered, or in any way represent themselves as independent, autonomous practitioners or professional counselors. During the residency, residents shall use their names and the initials of their degree, and the title "Resident in Counseling" in all written communications. Clients shall be informed in writing that the resident does not have authority for independent practice and is under supervision and shall provide the supervisor's name, professional address, and phone telephone number.

11. 10. Residents shall not engage in practice under supervision in any areas for which they have not had appropriate education.

12. Residency 11. The board will accept residency hours approved by the licensing board in another United States jurisdiction that meet the requirements of this section shall be accepted.

C. Supervisory qualifications. A person who provides supervision for a resident in professional counseling shall:

1. Document two years of post-licensure clinical experience;

2. Have received professional training in supervision, consisting of three credit hours or 4.0 quarter hours in graduate-level coursework in supervision or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-20-106; and

3. Hold an active, unrestricted license as a professional counselor or a marriage and family therapist in the jurisdiction where the supervision is being provided. At least 100 hours of the supervision shall be rendered by a licensed professional counselor. Supervisors who are substance abuse treatment practitioners, school psychologists, clinical psychologists, clinical social workers, or psychiatrists and have been approved to provide supervision may continue to do so until August 24, 2017.

D. Supervisory responsibilities.

1. Supervision by any individual whose relationship to the resident compromises the objectivity of the supervisor is prohibited.

2. The supervisor of a resident shall assume full responsibility for the clinical activities of that resident specified within the supervisory contract for the duration of the residency.

3. The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period.

4. The supervisor shall report the total hours of residency and shall evaluate the applicant's competency in the six areas stated in subdivision B 1 of this section.

5. The supervisor shall provide supervision as defined in 18VAC115-20-10.

E. Applicants shall document successful completion of their residency on the Verification of Supervision Form at the time of application. Applicants must receive a satisfactory competency evaluation on each item on the evaluation sheet. Supervised experience obtained prior to April 12, 2000, may be accepted toward licensure if this supervised experience met the board's requirements that were in effect at the time the supervision was rendered.

18VAC115-20-70. General examination requirements; schedules; time limits.

A. Every applicant for initial licensure by examination by the board as a professional counselor shall pass a written examination as prescribed by the board. An applicant is required to have passed the prescribed examination within six years from the date of initial issuance of a resident license by the board.

B. Every applicant for licensure by endorsement shall have passed a licensure examination in the jurisdiction in which licensure was obtained.

C. The board shall establish a passing score on the written examination.

D. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a professional counselor.

18VAC115-20-100. Annual Licensure renewal of licensure.

A. Every licensed professional counselor licensee who intends to continue an active practice shall submit to the board on or before June 30 of each year:

1. A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and

2. The renewal fee prescribed in 18VAC115-20-20.

B. A licensed professional counselor licensee who wishes to place his a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-20-20. No person shall practice counseling in Virginia unless he the person holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in subsection C of 18VAC115-20-110.

C. For renewal of a resident license in counseling, the following shall apply:

1. A resident license shall expire annually in the month the resident license was initially issued and may be renewed up to five times by submission of the renewal form and payment of the fee prescribed in 18VAC115-20-20.

2. 1. On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing clinical counseling services.

3. 2. On the annual renewal, the resident in counseling shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-20-106.

D. Licensees shall notify the board of a change in the address of record or the public address, if different from the address of record within 60 days. Failure to receive a renewal notice from the board shall not relieve the license holder from the renewal requirement.

E. Practice with an expired license is prohibited and may constitute grounds for disciplinary action.

18VAC115-50-10. Definitions.

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

(i) "board, "Board"

(ii) "marriage and family therapy,"

(iii) "marriage "Marriage and family therapist," and

"Marriage and family therapy"

(iv) "practice "Practice of marriage and family therapy."

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Ancillary counseling services" means activities such as case management, recordkeeping, referral, and coordination of services.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"COAMFTE" means the Commission on Accreditation for Marriage and Family Therapy Education.

"Clinical marriage and family services" means activities such as assessment, diagnosis, and treatment planning and treatment implementation for couples and families.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical marriage and family services for a client.

"Internship" means a formal academic course from a regionally accredited university in which supervised practical experience is obtained in a clinical setting in the application of counseling principles, methods, and techniques.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education as responsible for accrediting senior post-secondary institutions and training programs.

"Residency" means a postgraduate, supervised clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board approval to provide clinical services in marriage and family therapy under supervision.

"Supervision" means an ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented, individual or group consultation, guidance, and instruction with respect to the clinical skills and competencies of the person or persons being supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

18VAC115-50-20. Fees.

A. The board has established fees for the following:

Application and initial licensure as a resident

$65

Pre-review of education only

$75

Initial licensure by examination: Processing and initial licensure as a marriage and family therapist

$175

Initial licensure by endorsement: Processing and initial licensure as a marriage and family therapist

$175

Active annual license renewal for a marriage and family therapist

$130

Inactive annual license renewal for a marriage and family therapist

$65

Annual renewal for a resident in marriage and family therapy

$30

Inactive annual renewal for a resident in marriage and family therapy

$15

Penalty for late renewal for a marriage and family therapist

$45

Late renewal for resident in marriage and family therapy

$10

Reinstatement of a lapsed license for a marriage and family therapist

$200

Verification of license to another jurisdiction

$30

Additional or replacement licenses

$10

Additional or replacement wall certificates

$25

Returned check or dishonored credit or debit card

$50

Reinstatement following revocation or suspension

$600

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

18VAC115-50-55. Coursework requirements.

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate coursework with a minimum of six semester hours or nine quarter hours completed in each of the core areas identified in subdivisions 1 and 2 of this subsection, and three semester hours or 4.0 quarter hours in each of the core areas identified in subdivisions 3 through 9 of this subsection:

1. Marriage and family studies (marital and family development; family systems theory);

2. Marriage and family therapy (systemic therapeutic interventions and application of major theoretical approaches);

3. Human growth and development across the lifespan;

4. Abnormal behaviors;

5. Diagnosis and treatment of addictive behaviors;

6. Multicultural counseling;

7. Professional identity and ethics;

8. Research (research methods; quantitative methods; statistics);

9. Assessment and treatment (appraisal, assessment and diagnostic procedures); and

10. Supervised internship of at least 600 hours to include 240 hours of direct client contact, of which 200 hours shall be with couples and families. Only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours.

B. If the applicant holds a current, unrestricted license as a professional counselor, clinical psychologist, or clinical social worker, the board may accept evidence of successful completion of 60 semester hours or 90 quarter hours of graduate study, including a minimum of six semester hours or nine quarter hours completed in marriage and family studies (marital and family development; family systems theory) and six semester hours or nine quarter hours completed in marriage and family therapy (systemic therapeutic interventions and application of major theoretical approaches).

18VAC115-50-60. Resident license and requirements for a residency requirements.

A. Resident license. Applicants for temporary licensure as a resident in marriage and family therapy shall:

1. Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing marriage and family services.

2. Have submitted an official transcript documenting a graduate degree as that meets the requirements specified in 18VAC115-50-50 to include completion of the coursework and internship requirement specified in 18VAC115-50-55;

3. Pay the registration fee;

4. Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

5. Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Residency requirements.

1. The applicant for licensure as a marriage and family therapist shall have completed no fewer than 3,400 hours of a supervised residency in the role of a marriage and family therapist, to include 200 hours of in-person supervision with the supervisor in the consultation and review of marriage and family services provided by the resident. For the purpose of meeting the 200 hours of supervision required for a residency, in-person may also include the use of technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident. At least one-half 100 of the 200 hours of supervision shall be rendered by a licensed marriage and family therapist.

a. Residents shall receive a minimum of one hour and a maximum of four hours of supervision for every 40 hours of supervised work experience.

b. No more than 100 hours of the supervision may be acquired through group supervision, with the group consisting of no more than six residents. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

c. Up to 20 hours of the supervision received during the supervised internship may be counted towards the 200 hours of in-person supervision if the supervision was provided by a licensed marriage and family therapist or a licensed professional counselor.

2. The residency shall include documentation of at least 2,000 hours of face-to-face client contact in clinical marriage and family services, of which 1,000 hours shall be face-to-face client contact with couples or families or both. The remaining hours may be spent in the performance of ancillary counseling services. For applicants who hold current, unrestricted licensure as a professional counselor, clinical psychologist, or clinical social worker, the remaining hours may be waived.

3. The residency shall consist of practice in the core areas set forth in 18VAC115-50-55.

4. The resident will complete a minimum of 1,000 hours of face-to-face client contact, of which 500 hours shall be face-to-face client contact with couples or family or both, and 100 hours of supervision within two years immediately preceding application to the board for licensure as a marriage and family therapist.

4. 5. The residency shall begin after the completion of a master's degree in marriage and family therapy or a related discipline as set forth in 18VAC115-50-50.

5. A graduate-level internship in excess of 600 hours, which was completed in a program that meets the requirements set forth in 18VAC115-50-50, may count for up to an additional 300 hours towards the requirements of a residency.

6. Supervised practicum and internship hours in a COAMFTE-accredited or a CACREP-accredited doctoral program in marriage and family therapy or counseling may be accepted for up to 900 hours of the residency requirement and up to 100 of the required hours of supervision provided the supervisor holds a current, unrestricted license as a marriage and family therapist or professional counselor.

7. 6. The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.

8. 7. Residents shall not call themselves marriage and family therapists, directly bill for services rendered, or in any way represent themselves as marriage and family therapists. During the residency, residents may use their names, the initials of their degree, and the title "Resident in Marriage and Family Therapy." Clients shall be informed in writing that the resident does not have authority for independent practice and is under supervision, along with the name, address, and telephone number of the resident's supervisor.

9. 8. Residents shall not engage in practice under supervision in any areas for which they do not have appropriate education.

10. 9. The residency shall be completed in not less than 21 months or more than four years. Residents who began a residency before August 24, 2016, shall complete the residency by August 24, 2020. An individual who does not complete the residency after four years shall submit evidence to the board showing why the supervised experience should be allowed to continue. A resident shall meet the renewal requirements of subsection C of 18VAC115-50-90 in order to maintain a resident license in current, active status.

11. Residency 10. The board will accept residency hours that are approved by the licensing board in another United States jurisdiction and that meet the requirements of this section shall be accepted.

C. Supervisory qualifications. A person who provides supervision for a resident in marriage and family therapy shall:

1. Hold an active, unrestricted license as a marriage and family therapist or professional counselor in the jurisdiction where the supervision is being provided;

2. Document two years post-licensure marriage and family therapy experience; and

3. Have received professional training in supervision, consisting of three credit hours or 4.0 quarter hours in graduate-level coursework in supervision or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-50-96. At least one-half of the 200 hours of supervision shall be rendered by a licensed marriage and family therapist. Supervisors who are clinical psychologists, clinical social workers, or psychiatrists and have been approved to provide supervision may continue to do so until August 24, 2017.

D. Supervisory responsibilities.

1. The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period. The supervisor shall report the total hours of residency and evaluate the applicant's competency to the board.

2. Supervision by an individual whose relationship to the resident is deemed by the board to compromise the objectivity of the supervisor is prohibited.

3. The supervisor shall provide supervision as defined in 18VAC115-50-10 and shall assume full responsibility for the clinical activities of residents as specified within the supervisory contract for the duration of the residency.

18VAC115-50-70. General examination requirements.

A. All applicants for initial licensure shall pass an examination, as prescribed by the board, with a passing score as determined by the board. The examination is waived for an applicant who holds a current and unrestricted license as a professional counselor issued by the board.

B. An applicant is required to pass the prescribed examination within six years from the date of initial issuance of a resident license by the board.

C. B. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a marriage and family therapist.

18VAC115-50-90. Annual Licensure renewal of license.

A. All licensed marriage and family therapists Each licensee who intend intends to continue an active practice shall submit to the board on or before June 30 of each year:

1. A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and

2. The renewal fee prescribed in 18VAC115-50-20.

B. A licensed marriage and family therapist licensee who wishes to place his a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-50-20. No person shall practice marriage and family therapy in Virginia unless he the person holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in 18VAC115-50-100 C.

C. For renewal of a resident license in marriage and family therapy, the following shall apply:

1. A resident license shall expire annually in the month the license was initially issued and may be renewed up to five times by submission of the renewal form and payment of the fee prescribed in 18VAC115-50-20.

2. 1. On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing marriage and family therapy.

3. On the annual renewal, residents in marriage and family therapy shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-50-96.

D. Licensees shall notify the board of a change in the address of record or the public address, if different from the address of record within 60 days. Failure to receive a renewal notice from the board shall not relieve the license holder from the renewal requirement.

E. After the renewal date, the license is expired; practice with an expired license is prohibited and may constitute grounds for disciplinary action.

18VAC115-60-10. Definitions.

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

"Board"

"Licensed substance abuse treatment practitioner"

"Substance abuse"

"Substance abuse treatment"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Ancillary services" means activities such as case management, recordkeeping, referral, and coordination of services.

"Applicant" means any individual who has submitted an official application and paid the application fee for licensure as a substance abuse treatment practitioner.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"Candidate for licensure" means a person who has satisfactorily completed all educational and experience requirements for licensure and has been deemed eligible by the board to sit for its examinations.

"Clinical substance abuse treatment services" means activities such as assessment, diagnosis, treatment planning, and treatment implementation.

"COAMFTE" means the Commission on Accreditation for Marriage and Family Therapy Education.

"Competency area" means an area in which a person possesses knowledge and skill and the ability to apply them in the clinical setting.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Exempt setting" means an agency or institution in which licensure is not required to engage in the practice of substance abuse treatment according to the conditions set forth in § 54.1-3501 of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical substance abuse treatment services for a client.

"Group supervision" means the process of clinical supervision of no more than six persons in a group setting provided by a qualified supervisor.

"Internship" means a formal academic course from a regionally accredited university in which supervised, practical experience is obtained in a clinical setting in the application of counseling principles, methods and techniques.

"Jurisdiction" means a state, territory, district, province, or country that has granted a professional certificate or license to practice a profession, use a professional title, or hold oneself out as a practitioner of that profession.

"Nonexempt setting" means a setting that does not meet the conditions of exemption from the requirements of licensure to engage in the practice of substance abuse treatment as set forth in § 54.1-3501 of the Code of Virginia.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education responsible for accrediting senior postsecondary institutions.

"Residency" means a postgraduate, supervised, clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board to provide clinical services in substance abuse treatment under supervision.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual or group consultation, guidance, and instruction with respect to the clinical skills and competencies of the person supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

18VAC115-60-20. Fees required by the board.

A. The board has established the following fees applicable to licensure as a substance abuse treatment practitioner or resident in substance abuse treatment:

Application and initial licensure as a resident in substance abuse treatment

$65

Pre-review of education only

$75

Initial licensure by examination: Processing and initial licensure as a substance abuse treatment practitioner

$175

Initial licensure by endorsement: Processing and initial licensure as a substance abuse treatment practitioner

$175

Active annual license renewal for a substance abuse treatment practitioner

$130

Inactive annual license renewal for a substance abuse treatment practitioner

$65

Annual renewal for a resident in substance abuse treatment

$30

Inactive annual renewal for resident in substance abuse treatment

$15

Duplicate license

$10

Verification of license to another jurisdiction

$30

Late renewal for a substance abuse treatment practitioner

$45

Late renewal for a resident in substance abuse treatment

$10

Reinstatement of a lapsed license of a substance abuse treatment practitioner

$200

Replacement of or additional wall certificate

$25

Returned check or dishonored credit or debit card

$50

Reinstatement following revocation or suspension

$600

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

18VAC115-60-70. Coursework requirements.

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate study.

B. The applicant shall have completed a general core curriculum containing a minimum of three semester hours or 4.0 quarter hours in each of the areas identified in this section:

1. Professional identity, function, and ethics;

2. Theories of counseling and psychotherapy;

3. Counseling and psychotherapy techniques;

4. Group counseling and psychotherapy, theories, and techniques;

5. Appraisal, evaluation, and diagnostic procedures;

6. Abnormal behavior and psychopathology;

7. Multicultural counseling, theories, and techniques;

8. Research; and

9. Marriage and family systems theory.

C. The applicant shall also have completed 12 graduate semester credit hours or 18 graduate quarter hours in the following substance abuse treatment competencies.

1. Assessment, appraisal, evaluation, and diagnosis specific to substance abuse;

2. Treatment planning models, client case management, interventions, and treatments to include relapse prevention, referral process, step models, and documentation process;

3. Understanding addictions: The biochemical, sociocultural, and psychological factors of substance use and abuse;

4. Addictions and special populations, including, but not limited to, adolescents, women, ethnic groups, and the elderly; and

5. Client and community education.

D. The applicant shall have completed a supervised internship of 600 hours to include 240 hours of direct client contact, of which 200 hours shall be in treating substance abuse-specific treatment problems. Only internship hours earned after completion of 30 graduate semester hours may be counted towards residency hours.

E. One course may satisfy study in more than one content area set forth in subsections B and C of this section.

F. If the applicant holds a current, unrestricted license as a professional counselor, clinical psychologist, or clinical social worker, the board may accept evidence of successful completion of 60 semester hours or 90 quarter hours of graduate study, including the hours specified in subsection C of this section.

18VAC115-60-80. Resident license and requirements for a residency requirements.

A. Licensure. Applicants for a temporary resident license in substance abuse treatment shall:

1. Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing substance abuse treatment services;

2. Have submitted an official transcript documenting a graduate degree that meets the requirements specified in 18VAC115-60-60 to include completion of the coursework and internship requirement specified in 18VAC115-60-70;

3. Pay the registration fee;

4. Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

5. Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Applicants who are beginning their residencies in exempt settings shall register supervision with the board to assure ensure acceptability at the time of application.

C. Residency requirements.

1. The applicant for licensure as a substance abuse treatment practitioner shall have completed no fewer than 3,400 hours in a supervised residency in substance abuse treatment with various populations, clinical problems, and theoretical approaches in the following areas: a. Clinical evaluation; b. Treatment planning, documentation, and implementation; c. Referral and service coordination; d. Individual and group counseling and case management; e. Client family and community education; and f. Professional and ethical responsibility.

2. The residency shall include at least 2,000 hours of face-to-face client contact in providing clinical substance abuse treatment services with individuals, families, or groups of individuals suffering from the effects of substance abuse or dependence.

3. The residency shall include a minimum of 200 hours of in-person supervision between supervisor and resident occurring at a minimum of one hour and a maximum of four hours per 40 hours of work experience during the period of the residency.

a. No more than half of these hours may be satisfied with group supervision.

b. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

c. Supervision that is not concurrent with a residency will not be accepted, nor will residency hours be accrued in the absence of approved supervision.

d. For the purpose of meeting the 200-hour supervision requirement, in-person supervision may include the use of technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident.

e. Up to 20 hours of the supervision received during the supervised internship may be counted towards the 200 hours of in-person supervision if the supervision was provided by a licensed professional counselor.

3. The residency shall include at least 2,000 hours of face-to-face client contact in providing clinical substance abuse treatment services with individuals, families, or groups of individuals suffering from the effects of substance abuse or dependence. The remaining hours may be spent in the performance of ancillary services.

4. A graduate level degree internship in excess of 600 hours, which is completed in a program that meets the requirements set forth in 18VAC115-60-70, may count for up to an additional 300 hours towards the requirements of a residency The resident will complete a minimum of 1,000 hours of face-to-face client contact and 100 hours of supervision within two years immediately preceding application to the board for licensure as a substance abuse treatment practitioner.

5. The residency shall be completed in not less than 21 months or more than four years. Residents who began a residency before August 24, 2016, shall complete the residency by August 24, 2020. An individual who does not complete the residency after four years shall submit evidence to the board showing why the supervised experience should be allowed to continue. A resident shall meet the renewal requirements of subsection C of 18VAC115-60-110 in order to maintain a license in current, active status.

6. The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.

7. Residents may not call themselves substance abuse treatment practitioners, directly bill for services rendered, or in any way represent themselves as independent, autonomous practitioners or substance abuse treatment practitioners. During the residency, residents shall use their names and the initials of their degree, and the title "Resident in Substance Abuse Treatment" in all written communications. Clients shall be informed in writing that the resident does not have authority for independent practice and is under supervision and shall provide the supervisor's name, professional address, and telephone number.

8. Residents shall not engage in practice under supervision in any areas for which they have not had appropriate education.

9. Residency The board will accept residency hours that are approved by the licensing board in another United States jurisdiction and that meet the requirements of this section shall be accepted.

D. Supervisory qualifications.

1. A person who provides supervision for a resident in substance abuse treatment shall hold an active, unrestricted license as a professional counselor or substance abuse treatment practitioner in the jurisdiction where the supervision is being provided. Supervisors who are marriage and family therapists, school psychologists, clinical psychologists, clinical social workers, clinical nurse specialists, or psychiatrists and have been approved to provide supervision may continue to do so until August 24, 2017.

2. All supervisors shall document two years post-licensure substance abuse treatment experience and at least 100 hours of didactic instruction in substance abuse treatment. Supervisors must document a three-credit-hour course in supervision, a 4.0-quarter-hour course in supervision, or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-60-116.

E. Supervisory responsibilities.

1. Supervision by any individual whose relationship to the resident compromises the objectivity of the supervisor is prohibited.

2. The supervisor of a resident shall assume full responsibility for the clinical activities of that resident specified within the supervisory contract for the duration of the residency.

3. The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period.

4. The supervisor shall report the total hours of residency and shall evaluate the applicant's competency in the six areas stated in subdivision C 1 of this section.

F. Documentation of supervision. Applicants shall document successful completion of their residency on the Verification of Supervision form at the time of application. Applicants must receive a satisfactory competency evaluation on each item on the evaluation sheet.

18VAC115-60-90. General examination requirements; time limits.

A. Every applicant for licensure as a substance abuse treatment practitioner by examination shall pass a written examination as prescribed by the board. Such applicant is required to pass the prescribed examination within six years from the date of initial issuance of a resident license by the board.

B. Every applicant for licensure as a substance abuse treatment practitioner by endorsement shall have passed a substance abuse examination deemed by the board to be substantially equivalent to the Virginia examination.

C. The examination is waived for an applicant who holds a current and unrestricted license as a professional counselor issued by the board.

D. The board shall establish a passing score on the written examination.

E. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a substance abuse treatment practitioner.

18VAC115-60-110. Renewal of licensure Licensure renewal.

A. Every substance abuse treatment practitioner licensee who intends to continue an active practice shall submit to the board on or before June 30 of each year:

1. A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and

2. The renewal fee prescribed in 18VAC115-60-20.

B. A substance abuse treatment practitioner licensee who wishes to place his a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-60-20. No person shall practice substance abuse treatment in Virginia unless he the person holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in subsection C of 18VAC115-60-120.

C. For renewal of a resident license in substance abuse treatment, the following shall apply:

1. A resident license shall expire annually in the month the resident license was initially issued and may be renewed up to five times by submission of the renewal form and payment of the fee prescribed in 18VAC115-60-20.

2. 1. On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing substance abuse treatment services.

3. 2. On the annual renewal, residents in substance abuse treatment shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-60-116.

D. Licensees shall notify the board of a change in the address of record or the public address, if different from the address of record within 60 days. Failure to receive a renewal notice from the board shall not relieve the license holder from the renewal requirement.

E. After the renewal date, the license is expired; practice with an expired license is prohibited and may constitute grounds for disciplinary action.

VA.R. Doc. No. R26-8176; Filed October 15, 2025

Guidance Documents
Vol. 42 Iss. 6 - November 03, 2025

PUBLIC COMMENT OPPORTUNITY

Pursuant to § 2.2-4002.1 of the Code of Virginia, a certified guidance document is subject to a 30-day public comment period after publication in the Virginia Register of Regulations and prior to the guidance document's effective date. During the public comment period, comments may be made through the Virginia Regulatory Town Hall website (http://www.townhall.virginia.gov) or sent to the agency contact. Under subsection C of § 2.2-4002.1, the effective date of the guidance document may be delayed for an additional period. The guidance document may also be withdrawn.

The following guidance documents have been submitted for publication by the listed agencies for a public comment period. Online users of this issue of the Virginia Register of Regulations may click on the name of a guidance document to access it. Guidance documents are also available on the Virginia Regulatory Town Hall (http://www.townhall.virginia.gov) or from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

BOARD OF ACCOUNTANCY

Title of Document: Enforcement Processes.

Public Comment Deadline: December 3, 2025.

Effective Date: December 4, 2025.

Agency Contact: Alessandra Gabriel, Information and Policy Advisor, Board of Accountancy, 9960 Mayland Drive, Suite 402, Henrico, VA 23233, telephone (804) 367-0728, or email alessandra.gabriel@boa.virginia.gov.

STATE AIR POLLUTION CONTROL BOARD

Title of Document: Sudden and Reasonably Unforeseeable Events in the Context of Planned Electric Outages.

Public Comment Deadline: December 3, 2025.

Effective Date: December 4, 2025.

Agency Contact: Tamera Thompson, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4502, or email tamera.thompson@deq.virginia.gov.

COMMON INTEREST COMMUNITY BOARD

Title of Document: Summary of Board Interpretations, Policies, and Guidance Documents.

Public Comment Deadline: December 3, 2025.

Effective Date: December 4, 2025.

Agency Contact: Joe Haughwout, Regulatory Affairs Manager, Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8566, or email joseph.haughwout@dpor.virginia.gov.

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Title of Document: Virginia Private Activity Bond Local Housing Authority Guidelines Update.

Public Comment Deadline: December 3, 2025.

Effective Date: December 4, 2025.

Agency Contact: Chase Sawyer, Policy and Legislative Services Manager, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 310-5872, or email chase.sawyer@dhcd.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Titles of Documents: Baby Care Provider Manual, Chapter 5.

Durable Medical Equipment, Prosthetics, Orthotics and Supplies Manual, Chapter 4.

Hospital Provider Manual, Chapter 7.

Pharmacy Manual, Chapter 4.

Residential Treatment Services Manual, Appendix A.

Residential Treatment Services Manual, Appendix D.

Residential Treatment Services Manual, Chapter 2.

Residential Treatment Services Manual, Chapter 4.

Residential Treatment Services Manual, Chapter 5.

Residential Treatment Services Manual, Chapter 8.

Public Comment Deadline: December 3, 2025.

Effective Date: December 4, 2025.

Agency Contact: Syreeta Stewart, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 298-3863, or email syreeta.stewart@dmas.virginia.gov.

BOARD OF NURSING

Title of Document: Interpretation of "Alternative Credentials" for Nursing Faculty.

Public Comment Deadline: December 3, 2025.

Effective Date: December 4, 2025.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, or email erin.barrett@dhp.virginia.gov.

The following guidance documents have been submitted for deletion and the listed agencies have opened up a 30-day public comment period. The listed agencies may have previously identified these documents as certified guidance documents, pursuant to § 2.2-4002.1 of the Code of Virginia. Online users of this issue of the Virginia Register of Regulations may click on the name of a guidance document to view the deleted document and comment. This information is also available on the Virginia Regulatory Town Hall (http://www.townhall.virginia.gov) or from the agency contact.

BOARD FOR BARBERS AND COSMETOLOGY

Titles of Documents: Assessment of a Student's Competence in Esthetics.

Guidance Regarding Interpretation of 18VAC41-20-30, License by Endorsement.

Cosmetology Examiners.

Cosmetology Instructors May Teach Nail or Wax Instructor Programs.

Endorsement Candidate from State Offering Only One Licensing Exam.

Esthetics - Cleaning Multi-Use Items that Cannot Be Immersed.

Public Comment Deadline: December 3, 2025.

Effective Date: December 4, 2025.

Agency Contact: Joe Haughwout, Regulatory Affairs Manager, Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8566, or email joseph.haughwout@dpor.virginia.gov.

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Titles of Documents: Additional Information on §§ 19.2-169.1 and 19.2-169.2 of the Code of Virginia.

Adult Outpatient Competency Restoration Manual for Community Service Boards (CSBs) and Behavioral Health Authorities (BHAs).

Certified Recovery Residences.

Not Guilty By Reason of Insanity - Reference Manual for CSBs and BHAs.

Public Comment Deadline: December 3, 2025.

Effective Date: December 5, 2025.

Agency Contact: Susan Puglisi, Regulatory Research Specialist, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, or email susan.puglisi@dbhds.virginia.gov.

* * *

Title of Document: Forensic Evaluation Oversight Manual.

Public Comment Deadline: December 3, 2025.

Effective Date: December 5, 2025.

Agency Contact: Mary Broz-Vaughan, Regulatory Affairs Director, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23219, telephone (804) 903-1390, or email mary.broz-vaughan@dbhds.virginia.gov.

COMMON INTEREST COMMUNITY BOARD

Titles of Documents: Applicability of the Common Interest Community Ombudsman Regulations on Solely Commercial Condominiums.

Definition of Employee in § 54.1-2347 A of the Code of Virginia.

Determining Value of Blanket Surety Bonds Filed by Developers in Lieu of Escrow Deposits.

Distribution of Time-Share Public Offering Statements and Purchaser Opportunity to Review Public Offering Statement Prior to Execution of a Contract.

Disclosure Form for Special Meeting to Extend Declarant Control Period.

Letters of Credit in Lieu of Bonds.

Required Documentation to Accompany Disclosure of Personal Adverse Financial History.

Public Comment Deadline: December 3, 2025.

Effective Date: December 4, 2025.

Agency Contact: Joe Haughwout, Regulatory Affairs Manager, Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8566, or email joseph.haughwout@dpor.virginia.gov

ERRATA
Vol. 42 Iss. 6 - November 03, 2025

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services.

Publication: 42:3 VA.R. 406-425; September 22, 2025.

Corrections to Final Regulation:

Page 406, Title of Regulation, after "repealing" remove "12VAC35-105-1030,"

Page 425, column 1, remove "12VAC35-105-1030. Opioid agonist medication renewal. (Repealed.)

Physician orders for opioid agonist medication shall be reevaluated and renewed at least every six months."

VA.R. Doc. No. R26-8150; Filed October 10, 2025, 1:58 p.m.