NOTICES OF INTENDED REGULATORY ACTION
Vol. 35 Iss. 19 - May 13, 2019

NOTICES OF INTENDED REGULATORY ACTION
Vol. 35 Iss. 19 - May 13, 2019

NOTICES OF INTENDED REGULATORY ACTION
Vol. 35 Iss. 19 - May 13, 2019

NOTICES OF INTENDED REGULATORY ACTION
Vol. 35 Iss. 19 - May 13, 2019

NOTICES OF INTENDED REGULATORY ACTION
Vol. 35 Iss. 19 - May 13, 2019

TITLE 8. EDUCATION
Licensure Regulations for School Personnel
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider amending 8VAC20-23, Licensure Regulations for School Personnel. The purpose of the proposed action is to establish a teaching license add-on endorsement to teach economics and personal finance. The add-on endorsement will expand the number of teachers who may teach the specific areas of economics and personal finance.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.

Public Comment Deadline: June 12, 2019.

Agency Contact: Patty Pitts, Assistant Superintendent for Teacher Education and Licensure, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 371-2522, or email patty.pitts@doe.virginia.gov.

VA.R. Doc. No. R19-5855; Filed April 22, 2019, 1:00 p.m.
TITLE 8. EDUCATION
Licensure Regulations for School Personnel
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider amending 8VAC20-23, Licensure Regulations for School Personnel. The purpose of the proposed action is to comport the regulation with the following chapters of the 2018 Acts of Assembly: (i) per Chapter 391, establish an endorsement in dual language instruction prekindergarten through grade six; (ii) per Chapter 711, establish an experiential route to licensure, issuing a one-year renewable license; and (iii) per Chapters 748 and 749, include an alternate route to licensure for elementary education prekindergarten through grade six and an alternate route to licensure for special education general curriculum kindergarten through grade 12.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 22.1-298.1 and 22.1-299 of the Code of Virginia.

Public Comment Deadline: June 12, 2019.

Agency Contact: Patty Pitts, Assistant Superintendent for Teacher Education and Licensure, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 371-2522, or email patty.pitts@doe.virginia.gov.

VA.R. Doc. No. R19-5889; Filed April 22, 2019, 1:00 p.m.
TITLE 12. HEALTH
Regulations for Licensure of Abortion Facilities
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health has WITHDRAWN the Notice of Intended Regulatory Action for 12VAC5-412, Regulations for Licensure of Abortion Facilities, which was published in 35:3 VA.R. 400 October 1, 2018. Amendments to 12VAC5-412 to effectuate the Order in Melendez v. Virginia State Board of Health (Case No. CL17-1164) were published in 35:17 VA.R. 2074-2080 April 15, 2019, and are effective May 15, 2019. Once those amendments become effective, a new notice will be initiated and published in the Virginia Register of Regulations to begin a 30-day public comment period.

Statutory Authority: §§ 32.1-12 and 32.1-127 of the Code of Virginia.

Agency Contact: Rebekah E. Allen, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2102, FAX (804) 527-4502, or email regulatorycomment@vdh.virginia.gov.

VA.R. Doc. No. R19-5664; Filed April 23, 2019, 11:04 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations for Nurse Aide Education Programs
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 jay.douglas@dhp.virginia.gov.

VA.R. Doc. No. R19-5969; Filed April 22, 2019, 12:38 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Physical Therapy
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 Physical Therapy intends to consider amending 18VAC112-20, Regulations Governing the Practice of Physical Therapy. The purpose of the proposed action is to (i) clarify provisions regarding supervision of students and trainees, (ii) facilitate renewal or return to practice for some physical therapists with inactive or lapsed licenses, (iii) coordinate rules for foreign-trained applicants with requirements of Federation of State Boards of Physical Therapy for approval to sit for the licensing examination, (iv) recognize physical therapy licensure in Canada as qualification for endorsement, and (v) expand the approval of entities that may offer or accredit continuing education.

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 54.1-3474 of the Code of Virginia.

Public Comment Deadline: June 12, 2019.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Physical Therapy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4674, FAX (804) 527-4413, or email ptboard@dhp.virginia.gov.

VA.R. Doc. No. R19-14; Filed April 22, 2019, 12:37 p.m.