Vol. 35 Iss. 19 - May 13, 2019

Chapter 26
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing intends to consider amending 18VAC90-26, Regulations for Nurse Aide Education Programs. The purpose of the proposed action is to, as a result of periodic review of 18VAC90-26, adopt amendments to clarify and update approval of nurse aide education programs. Substantive changes being considered include (i) changing the timeframe for a program application to the board from 90 days to 180 days to allow adequate time for review of criteria and a site visit before the expected opening date; (ii) requiring all clinical sites be within 30 miles of the educational program or have board approval (current policy of the board); (iii) requiring the certificate of completion include specific information on the name of the program, the approval number from the board, and the signature of the primary instructor or program coordinator; (iv) requiring the primary instructor state that while onsite to instruct students, the instructor cannot assume other duties within the school, such as serving as the school nurse; (v) requiring a six-hour refresher course every three years for instructors to remain qualified to teach the nurse aide curriculum; (vi) changing the length of a program to 140 hours, with 20 hours specifically designated for skills acquisition; and (vii) adding provisions for advanced nurse aide education programs to 18VAC90-26 so that all regulations for nurse aide education are included in one chapter.

This Notice of Intended Regulatory Action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Public Comment Deadline: June 12, 2019.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4520, FAX (804) 527-4455, or email

VA.R. Doc. No. R19-5969; Filed April 22, 2019, 12:38 p.m.