January 6th, 2026

Erin Barrett

Director of Legislative and Regulatory Affairs

Virginia Department of Health Professions

Perimeter Center

9960 Maryland Drive, Suite 300

Henrico, VA 23233

RE: Comments on proposed occupational therapy regulations 18VAC85-80-72 and 18VAC85-80-80

Ms. Barrett:

On behalf of the Virginia Occupational Therapy Association (VOTA), I am writing to provide comments in support of the proposed changes to 18VAC85-80-72 and 18VAC85-80-80.

VOTA strongly supports the availability of reasonable options for occupational therapists (OTs) and occupational therapy assistants (OTAs) to reactivate or reinstate their license. There are multiple ways that OTs and OTAs can demonstrate their competency to practice while also ensuring adequate oversight. We believe the regulatory changes to 18VAC85-80-72 and 18VAC85-80-80 adopted by the Board strike this balance.

The current language of 18VAC85-80-72 and 18VAC85-80-80 create significant barriers to OTs and OTAs seeking to reactivate or reinstate their license. While VOTA holds the National Board for Certification in Occupational Therapy (NBCOT) in the highest esteem and believe passing the national exam is a crucial component of initial licensure, we do not agree that NBCOT certification or retaking the national exam should be the only pathways to licensure reactivation or reinstatement. Many of our members have expressed concern with the current lack of flexibility and specifically the NBCOT requirements. NBCOT certification is a barrier to reactivation and reinstatement for many OTs and OTAs due to the required additional fees and their personal values.

Further, the additional pathways for licensure reinstatement and reactivation adopted by the Advisory Board do not present any public health or safety issues. These pathways do not significantly differ in rigor when compared to the requirements for renewal of NBCOT certification. For this reason, we do not believe that NBCOT certification at the time of licensure reinstatement or reactivation is necessary or promotes public health or safety. In fact, NBCOT certification is not required for reactivation or reinstatement in most states.

In summation, we strongly support the proposed amendments to 18VAC85-80-72 and 18VAC85-80-80. These regulatory amendments provide reasonable options to OTs and OTAs for licensure reactivation and reinstatement, while also ensuring adequate public safety. Moreover, the amendments align with Governor Youngkin’s executive order regarding licensure and regulatory efficiency. 

Thank you for the opportunity to comment on the proposed changes and if it would be helpful, VOTA is available at a future meeting to discuss this matter further. Please contact me at president.vota@gmail.com if you have questions or need additional information about
VOTA’s position.

Sincerely,

Savanah Howe, MOT, OTR/L

President, Virginia Occupational Therapy Association