PETITIONS FOR RULEMAKING
Vol. 32 Iss. 4 - October 19, 2015

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF DENTISTRY

Agency Decision

Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice.

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

Name of Petitioner: Terry Dickinson.

Nature of Petitioner's Request: To amend regulations for unprofessional conduct to adopt, by reference, the Principles of Ethics and Code of Professional Conduct of the American Dental Association (ADA).

Agency's Decision: Request denied.

Statement of Reason for Decision: At its meeting on September 18, 2015, the board voted to deny the petition. The board reviewed comments on the petition, a crosswalk between the ADA Code and Virginia law and regulation, and the ADA Code itself. Members were reminded that the board relied heavily on the ADA Code in the 2010 development of amended regulations, so most of the standards in the ADA Code are addressed in current or proposed regulations. Additionally, some of the standards in the ADA Code, such as participation in professional societies, are not appropriate to establish as grounds for disciplinary action. While the board appreciates the aspirational language of the ADA Code, it must rely on more objective standards on which to base a finding of unprofessional conduct and discipline a licensee.

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. R15-35; Filed September 18, 2015, 2:11 p.m.