PETITIONS FOR RULEMAKING
Vol. 29 Iss. 8 - December 17, 2012

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Agency Decision

Title of Regulation: 18VAC115-20. Regulations Governing the Practice of Professional Counseling.

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

Name of Petitioner: Sandra Gedney Anderson.

Nature of Petitioner's Request: That the board provide the names of persons who have earned their supervisory qualifications in order for residents to find a supervisor.

Agency Decision: Request denied.

Statement of Reason for Decision: While members concurred in the value of a listing of qualified supervisors, it was concluded that there was no authority in the statute to register supervisors or maintain a list of qualified persons. Such authorization would require introduction of legislation in the General Assembly and a change in the law. Therefore, the board is unable to accomplish the request through an amendment to its regulations.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R12-30, November 19, 2012, 4:07 p.m.

BOARD OF PHYSICAL THERAPY

Agency Decision

Title of Regulation: 18VAC112-20. Regulations Governing the Practice of Physical Therapy.

Statutory Authority: §§ 54.1-2400 and 54.1-3473 through 54.1-3483 of the Code of Virginia.

Name of Petitioner: Pamela A. Plasberg.

Nature of Petitioner's Request: Change the requirement for reevaluation of the patient from: Not less than one of 12 visits made to the patient during a 30-day period or not less than once every 30 days (current regulation) to: Not less than every 12 visits made to the patient during a three-month period or not less than every three months.

Agency Decision: Request denied.

Statement of Reason for Decision: Following consideration of the comment and a discussion of the petition request to amend regulations, the board decided it would not make any changes to the regulatory language regarding reevaluations of patients by physical therapists. While the members were appreciative of the scenario presented, they believe that involvement in patient care by the therapist should minimally remain at 30-day intervals for the protection of public health and safety.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R12-25; Filed November 19, 2012, 4:06 p.m.