CODE OF VIRGINIA

EXCEPTIONS TO LICENSURE REQUIREMENTS (§ 54.1-2957.17)

A. The provisions of § 54.1-2957.16 shall not be construed as prohibiting any
professional licensed, certified, or registered by a health regulatory board
from acting within the scope of his practice.

B. The provisions of § 54.1-2957.16 shall not be construed as prohibiting or
restricting the applied behavior analysis activities of a student participating
in a defined course, internship, practicum, or program of study at a college or
university, provided such activities are supervised by a member of the faculty
of the college or university or by a licensed behavior analyst and such student
does not hold himself out as a licensed behavior analyst and is identified as a
“behavior analyst student,” “behavior analyst intern,”
or “behavior analyst trainee.”

C. The provisions of § 54.1-2957.16 shall not be construed as prohibiting or
restricting the activities of unlicensed individuals pursuing supervised
experiential training to meet eligibility requirements for certification by the
Behavior Analyst Certification Board or for state licensure, provided such
activities are supervised by a licensed behavior analyst who has been approved
by the Behavior Analyst Certification Board to provide supervision, the
individual does not hold himself out as a licensed behavior analyst, and no more
than five years have elapsed from the date on which the supervised experiential
training began.

D. The provisions of § 54.1-2957.16 shall not be construed as prohibiting or
restricting the activities of an individual employed by a school board or by a
school for students with disabilities licensed by the Board of Education from
providing behavior analysis when such behavior analysis is performed as part of
the regular duties of his office or position and he receives no compensation in
excess of the compensation he regularly receives for the performance of the
duties of his office or position. No person exempted from licensure pursuant to
this subsection shall hold himself out as a licensed behavior analyst or a
licensed assistant behavior analyst unless he holds a license as such issued by
the Board.

HISTORY: 2012, c. 3; 2014, c. 584.