5/20/2015 9:11 am
Date / Time filed with the Register of Regulations 		VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: Board of Psychology
Regulatory Coordinator: Elaine J. Yeatts

(804)367-4688

elaine.yeatts@dhp.virginia.gov
Agency Contact: Elaine J. Yeatts

Agency Regulatory Coordinator

(804)367-4688

elaine.yeatts@dhp.virginia.gov
Contact Address: Department of Health Professions

9960 Mayland Drive

Suite 300

Henrico, VA 23233
Chapter Affected:
18 vac 125 - 20: Regulations Governing the Practice of Psychology
Statutory Authority: State: Chapter 36 of Title 54.1

Federal:
Date Petition Received 01/19/2015
Petitioner Gentry Nalley
 Petitioner's Request
Amend section on Standards of Practice to require that a psychologist report to the Court and counsel recantations of abuse allegations by a minor.
 Agency Plan
In accordance with Virginia law, the petition has been filed with the Register of Regulations for publication on February 9, 2015 with a request for comment to be received until March 6, 2015.  The petition will also be posted for comment on the Virginia Regulatory Townhall at www.townhall.virginia.gov. At the next meeting after the comment period, which is scheduled for May 19, 2015, the Board will consider the petition and any comment received to decide whether or not to initiate the rule-making process.
Publication Date 02/09/2015  (comment period will also begin on this date)
Comment End Date 03/06/2015
 Agency Decision
Take no action
Agency Response Date 05/20/2015
 Agency Decision Text
After much discussion, the Board decided not to initiate rulemaking as requested.  Members acknowledged that recantations were a difficult issue and advised that further guidance and education might be useful in assisting licensees with handling such situations.  Since there are so many variables to be considered, the Board felt that current standards allow for flexibility for different situations but also provide sufficient grounds for disciplinary action should there be clear and convincing evidence that a violation of law or regulation has occurred.