The Diagnostician Question · Virginia · 2026

The diagnostician question in Virginia

Who can give the autism diagnosis in Virginia, and what happens to your ownership if you bring that diagnostician in-house, with the operative statute quoted verbatim. This page carries what is specific to Virginia; the framework, the structure, and the 17-state comparison are in the diagnostician question hub.

Important · This is not legal advice

This page is general educational information about corporate-practice, professional-entity, and anti-kickback law as it affects applied behavior analysis practices in Virginia. It is not legal, tax, or business advice, it creates no attorney-client relationship, and it is not produced by an attorney. Confirm the verbatim text against the current official code and engage qualified healthcare-regulatory and tax counsel before acting.

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Virginia · classification
Clean in-house

An ordinary corporation may employ the diagnosing psychologist or physician and render the diagnosis through them, so ownership stays open. Only an implicit medicine doctrine that polices clinical control rather than ownership survives. Clean: ownership stays open.

Who may give the diagnosis in Virginia

The medical-necessity diagnosis is made by a licensed physician or a licensed psychologist. A BCBA may not diagnose ASD, so the diagnostician you would bring in-house is a psychologist or a physician, and both are professions the state may treat differently from behavior analysis.

How Virginia treats psychology and medicine ownership

Virginia lets an ordinary stock or nonstock corporation render professional services, and a separate provision lets such an entity render a licensed profession through the licensed individual (Va. Code § 54.1-111(F)). The healing arts, which include psychology and medicine, are professional services, and the professional forms are optional.

Verbatim, Va. Code § 13.1-542.1the professional services defined in subsection A of § 13.1-543 may be rendered in this Commonwealth by ... a corporation organized pursuant to the provisions of Chapter 9 (§ 13.1-601 et seq.) or Chapter 10 (§ 13.1-801 et seq.) of this title.
Verbatim, Va. Code § 13.1-543(A)Practitioners of the healing arts, licensed under the provisions of Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1.

What bringing the diagnostician in-house does

An ordinary corporation may employ the diagnosing psychologist or physician and render the diagnosis through them, so ownership stays open. Only an implicit medicine doctrine that polices clinical control rather than ownership survives. Clean: ownership stays open.

How to structure it in Virginia

Because the diagnostician can be employed inside an ordinary entity, the simplest structure is a bona fide W-2 employee inside your ABA entity, which also removes the cross-entity referral that would otherwise raise the federal Anti-Kickback Statute. The framework and the alternatives are set out in the diagnostician question hub.

Confirm current requirements directly

The corporate-practice, professional-entity, and anti-kickback rules summarized here are amended and reinterpreted, and verbatim text is a starting point rather than a conclusion. The official Virginia code, the applicable federal safe harbor, and qualified healthcare-regulatory and tax counsel are the authoritative sources.

Last updated July 2026. The diagnosis-authority and diagnostician-ownership question for ABA practices in Virginia, with the operative provision quoted verbatim from the official code. Statutes and safe harbors change and are interpreted by agencies and courts. Nothing here is legal, tax, or financial advice. Confirm against the official code and consult qualified counsel before structuring a diagnosis-and-treatment arrangement.