of Ethics Online Collection: None
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF HEALTH PROFESSIONS
BOARD OF PSYCHOLOGY
TITLE OF REGULATIONS: 18 VAC 125-20-10 et seq.
REGULATIONS GOVERNING THE PRACTICE OF PSYCHOLOGY
STATUTORY AUTHORITY: §54.1 of the Code of Virginia
Adopted July 9, 1996
Effective September 13, 1996
PART I
GENERAL PROVISIONS
18 VAC 125-20-10. Definitions.
The following words and terms, in addition to the words and terms
defined in § 54.1-3600 of the Code of Virginia, when used in these
regulations, shall have the following meanings, unless the context clearly
indicates otherwise:
"Applicant" means a person who submits a completed application for ensure with the appropriate fees.
"Board" means the Virginia Board of Psychology.
"Candidate for licensure" means a person who has satisfactorily completed the appropriate educational and experience requirements for licensure and has been deemed eligible by the board to sit for the required examinations.
"Demonstrable areas of competence" means those therapeutic and assessment methods and techniques, and populations served, for which one can document adequate graduate training, workshops, or appropriate supervised experience.
"Internship" means a supervised and planned practical experience obtained in an integrated training program in a setting included as an integral and required part of the applicant's program of study.
"Professional psychology program" means an integrated program of doctoral study designed to train professional psychologists to deliver services in psychology.
"Regional accrediting agency" means one of the six regional accrediting agencies recognized by the United States Secretary of Education established to accredit senior institutions of higher education.
"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual consultation, guidance and instruction with respect to the skills and competencies of the person supervised.
"Supervisor" means an individual who assumes full responsibility for the education and training activities of a person and provides the supervision required by such a person.
18 VAC 125-20-20. Classification of Licensees. (Repealed)
18 VAC 125-20-30. Fees required by the board.
A. The board has established fees for the following:
. Registration of residency (per residency request)....................................................$100
2. Application processing ..............................................................................................$150
3. Biennial renewal of license..........................................................................................$125
4. Late renewal.....................................................................................................................$10
5. Endorsement to another jurisdiction............................................................................$10
6. Additional or replacement license/wall certificate......................................................$15
7. Returned check................................................................................................................$15
8. Re-review fee ..................................................................................................................$25
B. Fees shall be paid by check or money order made payable to the Treasurer
of Virginia and forwarded to the board. All fees are non-refundable.
C. Examination fees shall be paid directly to the examination service according to its requirements.
PART 11
REQUIREMENTS FOR LICENSURE
18 VAC 125-20-40. General requirements.
A. No person shall practice psychology in the Commonwealth of Virginia
except as provided for in the Code of Virginia and these regulations.
B. Licensure of all applicants shall be by examination by this board.
C. A psychologist, clinical psychologist or a school psychologist who desires
to practice in other areas of psychology shall obtain a license from this board
for the additional area in which the licensee seeks to practice.
D. Every applicant for examination by the board shall:
1. Meet the education and experience requirements prescribed in 18 VAC 125-2050 or 18 VAC 125-20-60 of these regulations, whichever is applicable, for the particular license sought; and
2. Submit to the executive director of the board, not less than 90 days prior to the date of the written examination:
a. A completed application, on forms provided by the board;
b. Documentation of having fulfilled the experience requirements of 18 VAC 125-20-50 or 18 VAC 125-20-60 where applicable; and
c. The application processing fee prescribed by the board; and
3. Have the institution that awarded the graduate degree(s) submit directly to the executive director of the board, at least 90 days prior to the date of the written examinations, official transcripts documenting:
a. The graduate work completed; and
b. The degree(s) awarded.
18 VAC 125-20-50. Education and experience requirements: Graduates of American Institutions.
A graduate of an American higher education institution who applies for examination for licensure shall meet the requirements of subsection A., B. or C. of this section, whichever is applicable.
A. Applied Psychologist.
1. Program of Study. The applicant shall hold a doctorate in psychology from an institution accredited by a regional accrediting agency. Further, the applicant's program must conform to the following criteria for doctoral programs in psychology:
a. The program, wherever it may be administratively housed, shall be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.
b. The psychology program shall stand as a recognizable, coherent organizational entity within the institution.
c. There shall be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines.
d. The promam shall be an integrated, organized sequence of study.
e. There shall be an identifiable psychology faculty and a psychologist responsible for the program.
f. The program shall have an identifiable body of students who are matriculated in that program for a degree.
2. Education. The applicant's program shall have included at least one three semestercredit hour course in each of the following areas of study:
a. Statistics and research design;
b. Physiological psychology or sensation and perception;
c. Learning/cognition
d. Social psychology;
e. Study of the individual;
f. History and systems; and
g. Scientfic and professional ethics and standards.
3. Experience. No supervised experience is required for licensure as an Applied Psychologist.
B. Clinical Psychologist.
1. The applicant shall hold a doctorate from a professional psychology program in a regionally accredited university, which:
a. Was accredited by the American Psychological Association (APA) prior to the applicant's graduation from the program; or
b. Was accredited by the APA within four years after the applicant graduated from the program; or
c. If not APA accredited, was a program which met the criteria outlined in 18 VAC 125-20- 50.A. 1. Further, the program must have required successful completion by the applicant of all the following:
(1) At least one three semester-credit hour course in each of the areas of study prescribed in subsection A.2. of this section for an Applied Psychologist.
(2) At least one three semester-credit hour course in each of the following additional areas of study:
(a) Personality theory;
(b) Diagnostic interviewing and behavioral assessment;
(c) Psychometric, psychodiagnostic, and projective testing; (d) Psychopathology;
(e) Psychotherapy, both individual and group; and,
(f) Practicum: Supervision in assessment/diagnosis and psychotherapy; and
(3) A one-year, full-time internship approved by the American Psychological Association (APA) or consistent with the requirements for APA approval and approved by the applicant's doctoral program.
2. Experience. Applicants shall possess post-doctoral experience as defined in this subparagraph and shall inform the board, when they apply, how they propose to meet this experience requirement. This requirement may be met in one of two ways:
a. By waiver based on lengthy experience. Applicants possessing many years of relevant post- doctoral experience in another jurisdiction may obtain a waiver of residency requirements by demonstrating to the board that they have received the substantial equivalent of the supervised experience required in B.2.b. described below; or
b. Residency requirements. The applicant under this provision shall show documentation of the successful completion of a one-year, full-time post-doctoral residency, or its equivalent in part-time experience for a period not to exceed three years, consisting of supervised experience in the delivery of clinical services acceptable to the board; or, the applicant may request approval to begin a residency with the following conditions:
(1) Applicants shall apply for licensure and residency concurrently.
(2) Prior to initiating the proposed residency training, the applicant
shall:
(a) Register with the board;
(b) Pay the registration fee;
(c) Submit an agreement signed by the applicant and proposed Virginia licensed supervisor(s) stating the nature of the services to be rendered, the number of hours of supervision, and the nature of the supervision; and,
(d) Receive approval from the board to begin the residency training. (Applicants who do not apply before beginning residency training, cannot be guaranteed the residency will be approved.)
(3) Supervision shall be provided by a licensed applied psychologist, clinical psychologist, or school psychologist.
(4) The supervisor shall not provide supervision for activities beyond the supervisor's demonstrable areas of competence, nor for activities for which the applicant has not had appropriate education and training.
(5) There shall be a minimum of two hours of individual supervision per week. Group supervision of up to five residents may be substituted for one of the two hours per week on the basis that two hours of group supervision equals one hour of individual supervision, but in no case shall the resident receive less than one hour of individual supervision per week
(6) Residents may not call themselves applied psychologists, clinical psychologists, or school psychologists, solicit clients, bill for services, or in any way represent themselves as professional psychologists. During the residency period they- shall use their names, the initials of their degree, and the title, "Resident in Psychology."
(7) At the end of the residency training period, the supervisor(s) shall submit to the board, a written evaluation of the applicant's performance.
C. School psychologist.
1. Education. The applicant shall hold at least a master's degree in school psychology, with a minimum of at least 60 semester credit hours, from a college or university accredited by a regional accrediting agency. The program requirements must
a. Reflect a planned, integrated, and supervised program of graduate study as outlined for programs approved by the American Psychological Association (APA) or by the National Council for the Accreditation of Teacher Education (NCATE); and
b. Include an internship approved by the applicant's training program.
2. Experience. Applicants shall possess post-master's degree experience as defined in this section and shall inform the board when they apply as to how they propose to meet this experience requirement. This requirement may be met in one of two ways:
a. By waiver based on lengthy experience. Applicants possessing many years of relevant post- master's degree experience in another jurisdiction may obtain a waiver of residency requirements by demonstrating to the board that they have received the substantial equivalent of the supervised experience required in C.2.b. described below; or
b. By residency. The applicant shall show documentation of a previous full-time residency of at least one school year, or the equivalent in part-time experience or request approval to begin a current residency with the following conditions:
(1) Applicants shall apply for licensure and residency concurrently.
(2) Prior to initiating the proposed residency training, the applicant
shall:
(a) Register with the board;
(b) Pay the registration fee;
(c) Submit an agreement signed by the applicant and proposed Virginia
licensed supervisor(s) stating the nature of the services to be rendered,
the number of hours of supervision, and the nature of the supervision,
and
(d) Receive approval from the board to begin the residency training.
(Applicants who do not apply before beginning residency training, cannot
be guaranteed the residency will be approved.)
(3) Supervision shall be provided by a licensed school psychologist, licensed applied psychologist, or licensed clinical psychologist.
(4) The supervisor shall not provide supervision for activities beyond the supervisor's demonstrable areas of competence, nor for activities for which the applicant has not had appropriate education and training.
(5) There shall be a minimum of two hours of individual supervision per week. Group supervision of up to five residents may be substituted for one of the two hours per week on the basis that two hours of group supervision equals one hour of individual supervision, but in no case shall the resident receive less than one hour of individual supervision per week.
(6) Residents may not call themselves applied psychologists, clinical psychologists, or school psychologists, solicit clients, bill for services, or in any way represent themselves as professional psychologists. During the residency period they shall use their names, the initials of their degree, and the title, "Resident in School Psychology."
(7) At the end of the residency training period, the supervisor(s) shall submit to the board a written evaluation of the applicant's performance.
(8) The applicant shall not continue in residency status for more than three years.
D. Applicants for additional licenses. To obtain additional licenses, all requirements shall be met as prescribed by the board. Applicants shall complete a new application and submit new application fees. A complete new application process may be initiated at the board's discretion.
IS VAC 125-20-60. Graduates of foreign institutions.
A graduate of a foreign higher education institution
who applies for examination for licensure as a psychologist or
clinical psychologist shall:
1. Hold a doctorate in psychology;
2. Present documentation that the degree is from a planned,
integrated, and supervised program of graduate study that meets requirements
judged by the board to be equivalent with the requirements for approval
by the American Psychological Association (APA) and/or equivalent with
those requirements prescribed by the board and met by approved domestic
institutions;
3. Meet the course and practicum requirements
outlined in 18 VAC 125-20-50; and
4. Pay the application processing fee prescribed in 18 VAC 125-20-30 for
graduates of foreign institutions.
18 VAC 125-20-70. Out-of-state applicants with lengthy experience.
An applicant who is licensed in another state may practice in Virginia in accordance with the provisions of this section.
1. Until such time as the applicant receives a Virginia license, the applicant may practice only under the supervision of a Virginia licensee.
2. The supervised practice of the applicant shall be performed in accordance with all of the provisions prescribed in these regulations for a residency. After a Virginia license is granted, the applicant may terminate residency status and begin independent practice.
3. The applicant shall take the examination(s) deemed appropriate by the board within one year of board approval of application.
4. The applicant may not practice independently until the Virginia license is granted.
PART III
EXAMINATIONS
18 VAC 125-20-80. General examination requirements.
A. In order to be licensed, each candidate shall take and pass the examination(s) determined by the board to be required according to the candidate's individual qualifications under the general provisions of this section. The complete examination process consists of two components:
1 A nationally normed standardized examination in the practice of psychology;
2. The Board of Psychology written examination(s);
B. An applicant enrolled in an approved residency training program required in 18 VAC 125-20-50 who has met all requirements for licensure except completion of that program shall be eligible to take the national and state written examinations.
C. Waivers; modifications.
1. Diplornate applicant. The board may waive the written examination(s) except for the state jurisprudence examination, for an applicant who has been awarded a diploma by the American Board of Professional Psychology in either clinical, counseling, or school psychology.
2. Endorsement. The board may waive only the national written examination for an applicant licensed or certified in another jurisdiction by standards and procedures equivalent to those of the board and meeting the educational requirements set forth in these regulations. The state written examination(s) cannot be waived.
D. Notice.
1. At least 30 days prior to the date of examinations, the executive director will notify all candidates in writing of the time and place of examinations.
2. The candidate shall then submit the applicable fees.
3. If the candidate fails to appear for the examination without providing written notice at least two weeks before the examination, the examination fee shall be forfeited.
E. Deferrals by candidate: time limit.
A candidate licensed in another jurisdiction shall follow the requirements
in 18 VAC 125-20-50.
A candidate approved by the board to sit for an examination and who has
never been licensed in any jurisdiction shall take that examination within
two years of the date of the initial board approval. If the candidate
has not taken the examination by the end of the two-year period here
prescribed:
1. The initial board approval to sit for the examination shall
then become invalid; and
2. In order to be considered for the examination later, the applicant
shall file a complete new application with the board and pay the applicable
fee.
18 VAC 125-20-90. Written examinations.
A. The nationally normed standardized examination
in the practice of psychology.
1. This examination shall consists of multiple-choice questions that sample a broad range of psychology content areas.
2. A passing grade shall be a score that is determined by the board for all doctoral level examinees.
B. The Board of Psychology written examination.
1. These examination(s) may consist of essay or multiple choice questions or both related to:
a. The practice of psychology and
b. Virginia laws and board regulations governing the practice of psychology.
2. A passing score shall be determined by the board.
18 VAC 125-20-100. Reexamination.
Reexamination of candidates will be required
only on the examination(s) failed.
1. After paying the reexamination fee, a candidate may be reexamined
once within a 12 month period after the failed examination(s) without
filing a formal reapplication and without presenting evidence of additional
education and/or experience.
2. A candidate who fails any examination twice shall wait at least one
year between the second failure and the next re-examination. Such candidate
shall submit to the board:
a. An updated application;
b. Documentation of additional education and experience gained since
the last failure; and
c. New application and examination fee(s) as prescribed by the board.
PART IV
LICENSURE
18 VAC 125-20-110. Licensure. (Repealed)
PART V
LICENSURE RENEWAL; REINSTATEMENT
18 VAC 125-20-120. Biennial renewal of licensure.
Every license issued by the board shall expire on the last
day of the licensee's birth month of each even- numbered year.
1. Every licensee N%-,ho intends to continue to practice shall, on or
before the expiration date of the license, submit to the board:
a. A license renewal application on forms supplied by the board; and
b. The renewal fees prescribed in 18 VAC 125-20-30.
2. Failure of a licensee to receive a renewal notice and application
form(s) from the board shall not excuse the licensee from the renewal
requirement.
18 VAC 125-20-130. Late renewal; reinstatement.
A. A person whose license has expired may renew
it within two years after its expiration date by
paying the penalty fee prescribed in 18 VAC 125-20-30
and the license renewal fee for the biennium the
license was not renewed.
B. A person whose license has not been renewed for two years or more
and who wishes to resume practice shall:
1. Present evidence satisfactory to the board regarding continued competency
to perform the duties regulated by the board; and
2. Upon approval for reinstatement, pay the penalty fee and the license,
fee for the renewal period the license was not renewed, as prescribed
by the board and pay a rereview fee as prescribed in 18 VAC 125-20-30.
PART VI
ADVISORY COMMITTEES
18 VAC 125-20-140. Advisory and Examining Committees.
A. The board may establish examining and advisory committees to assist it in evaluating the professional qualifications of applicants and candidates for licensure and in other matters.
B. The board may establish an advisory committee to evaluate the mental and/or emotional competence of any licensee or candidate for licensure when such competence is at issue before the board.
C. The chair of all advisory and examining committees
shall be a member of the Board of Psychology or board designee
who will moderate the proceedings and report the results to the
full board.
PART VII
STANDARDS OF PRACTICE; UNPROFESSIONAL CONDUCT;
DISCIPLINARY ACTIONS; REINSTATEMENT
18 VAC 125-20-150. Standards of practice.
A. The protection of the public health, safety, and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all persons whose activities are regulated by the board.
B. Persons licensed by the board shall:
1. Provide only services and use only techniques for which they are qualified by training and experience.
2. When advertising services to the public, ensure that such advertising is neither fraudulent nor misleading.
3. Represent accurately their competency, education, training,
and experience.
4. Neither accept nor give commissions, rebates or other forms of remuneration for referral of clients for professional services.
5. Make advance financial arrangements that safeguard the best interests of and are clearly understood by their clients.
6. Refrain from undertaking any activity in which their personal problems are likely to lead to inadequate or harmful services.
7. Avoid dual relationships with clients that could impair professional judgment or compromise the clients well-being (to include but not limited to treatment of close friends, relatives, employees; sexual intimacies with clients; bartering services; romantic or sexualized relationships with any current supervisee).
8. Avoid any action that will violate or diminish the legal and civil rights of clients or of others who may be affected by the action.
9. Keep confidential their professional relationships with clients, including their records and reports, except when a client is a danger to self or others, or when the licensee is under a court order to disclose such information.
10. Terminate a professional psychological relationship when it is clear that services are not benefiting the client.
11. Ensure that the welfare of clients is not compromised in any experimentation or research involving those clients.
12. Report to the board known violations of
the laws and regulations governing the practice of psychology.
13. Represent oneself as a licensed psychologist
only when licensed by the board as a psychologist.
14. Not represent oneself as "board certified" without specifying the complete name of the specialty board.
15. Keep pertinent, confidential records for
at least seven years with adults and organizations and ten
years with minors after termination of services to any consumer.
18 VAC 125-20-160. Grounds for revocation, suspension, or denial of renewal of license.
A. In accordance -Mth §54.1-2400 of the Code of Virginia, the board may, after a hearing, revoke, suspend or decline to renew a license for just cause.
B. Action by the board to revoke, suspend or decline to renew a license shall be taken in accord with the following conduct:
1. Conviction of a felony or misdemeanor involving moral turpitude.
2. Procuring of a license by fraud or misrepresentation.
3. Misuse of drugs and/or alcohol to the extent that it interferes with professional functioning.
4. Negligence in professional conduct or violation of practice standards.
5. Performing functions outside areas of competency.
6. Mental, emotional, or physical incompetence to practice the profession.
7. Violating or aiding and abetting another to violate any provision of Chapter 36, Title 54. 1, of the Code of Virginia; any other statute applicable to the practice of the profession regulated; or any provision of these regulations.
C. Appeal of decision. An appeal may be made to the board for reinstatement upon good cause or as a result of substantial new evidence being obtained that would alter the determination reached in subsection B. of this section.
18 VAC 125-20-170. Reinstatement following disciplinary action.
A. Any person whose license has been suspended, revoked,
or not renewed by the board under the provisions of 18 VAC
125-20-160 may, two years subsequent to such board action,
submit a new application to the board for licensure.
B. The board in its discretion may, after a hearing, grant the reinstatement
sought in subsection A. of this section.
C. The applicant for such reinstatement, if approved, shall be licensed
upon payment of the appropriate fees applicable at the time of reinstatement,
as prescribed by the board.
