PETITIONS FOR RULEMAKING
Vol. 30 Iss. 23 - July 14, 2014

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Initial Agency Notice

Title of Regulation: 18VAC90-30. Regulations Governing the Licensure of Nurse Practitioners.

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

Name of Petitioner: Carol Hartigan.

Nature of Petitioner's Request: To add the American Association of Critical-Care Nurses Certification Corporation to list of board-approved certification organizations for nurse practitioner licensure.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition to amend the listing of approved providers was posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov. It has also been filed with the Register of Regulations for publication on July 14, 2014. Comment on the petition from interested parties is requested until August 13, 2014. Following receipt of all comments on the petition, the request will be considered by the Board of Nursing at its meeting in October 2104 to decide whether to make any changes to the regulatory language.

Public Comment Deadline: August 13, 2014.

Agency Contact: Elaine 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. R14-35; Filed June 20, 2014, 4:24 p.m.

BOARD OF COUNSELING

Initial Agency Notice

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: Gerald Lawson.

Nature of Petitioner's Request: To require graduation from a clinically focused counselor preparation program accredited by CACREP or an approved affiliate of CACREP that includes a minimum of 60 semester credits (90 quarter hour credits) of curricular experiences and a practicum of at least 100 hours and an intership of at least 600 hours. Allow a grandfathering of programs that meet current requirements for seven years from the effective date of the regulations.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition will be filed with the Register of Regulations and published on July 14, 2014, with comment requested until August 13, 2014. It will also be posted on the Virginia Regulatory Townhall and available for electronic comment. At its first meeting following the close of comment, which is scheduled for September 19, 2014, the board will consider the request to amend regulations and all comment received in support or opposition.

Public Comment Deadline: August 13, 2014.

Agency Contact: Elaine 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. R14-36; Filed June 18, 2014, 3:49 p.m.

BOARD OF SOCIAL WORK

Agency Decision

Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.

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

Name of Petitioner: Rodney McMurray.

Nature of Petitioner's Request: To reduce the continuing education requirement for supervisors to refresher courses of three to five hours of training in supervision every five years.

Agency's Decision: Request denied.

Statement of Reason for Decision: At its meeting held on April 25, 2014, the board considered the petition and comment received and had a robust discussion on the issue. While there was some support for a review of the regulation, the board voted to deny the petition because members did not believe the requirement is excessively burdensome but did feel that it is necessary to ensure adequate supervision of applicants. Members noted that the requirement equates to 2.8 hours of continuing education per year, all of which may be counted towards the 30 hours of continuing education required for licensure renewal every two years. Additionally, the changes suggested by commenters did not appear to be significantly different from the current requirement. The board further discussed the possible need for better communication with supervisors about the requirement and the types of courses that may be beneficial.

Agency Contact: Elaine 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. R14-21, Filed June 20, 2014, 8:16 a.m.

BOARD OF SOCIAL WORK

Agency Decision

Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.

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

Name of Petitioner: Carol Gauzens.

Nature of Petitioner's Request: Amendment to 18VAC140-20-50, which requires at least 14 hours of continuing education within the five years preceding provision of supervision. Recommends an initial requirement and then two or three continuing education units per renewal for those wishing to be supervisors.

Agency's Decision: Request denied.

Statement of Reason for Decision: At its meeting held on April 25, 2014, the board considered the petition and comment received and had a robust discussion on the issue. While there was some support for a review of the regulation, the board voted to deny the petition because members did not believe the requirement is excessively burdensome but did feel that it is necessary to ensure adequate supervision of applicants. Members noted that the requirement equates to 2.8 hours of continuing education per year, all of which may be counted towards the 30 hours of continuing education required for licensure renewal every two years. Additionally, the changes suggested by commenters did not appear to be significantly different from the current requirement. The board further discussed the possible need for better communication with supervisors about the requirement and the types of courses that may be beneficial.

Agency Contact: Elaine 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. R14-13, Filed June 20, 2014, 8:16 a.m.