TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Agency Decision
Title of Regulation: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Michael J. Schultz.
Nature of Petitioner's Request: The petitioner requests that the board amend its regulations to (i) prohibit physicians, podiatrists, and chiropractors from refusing to provide medical care to patients or prospective patients if those individuals or their accompanying representatives refuse to wear masks; (ii) prohibit physicians, podiatrists, and chiropractors from enforcing any requirements for patients, prospective patients, or patient representatives to wear masks to receive medical care, including when following policies of insurers or organizations or when following guidance issued by the Centers for Disease Control and Prevention, local health departments, or the Virginia Department of Health; (iii) prohibit physicians, podiatrists, and chiropractors from refusing to provide medical care to any patient or prospective patient based on the vaccination status of the patient or the patient's representative for any COVID-19 vaccine or for any vaccine under Emergency Use Authorization status; and (iv) prohibit physicians, podiatrists, and chiropractors from refusing to provide medical care to any patient or prospective patient who refuses to disclose whether they have received any vaccine, including any COVID-19 vaccine.
Agency Decision: Request denied.
Statement of Reason for Decision: The board considered the petition at its June 16, 2022, meeting, and decided it would take no action. Regulating the business decisions of practices, health systems, and hospitals is beyond the board's jurisdiction. The board has no authority over health system or hospital policy and will not categorically penalize practitioners for following directives of those organizations. Additionally, the board wishes to preserve physician autonomy, particularly the medical judgment of practitioners, in ways that are in the best interests of public health or individual patients.
Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, or email william.harp@dhp.virginia.gov.
VA.R. Doc. No. PFR22-28; Filed June 16, 2022, 12:05 p.m.
Agency Decision
Title of Regulation: 18VAC85-150. Regulations Governing the Practice of Behavior Analysis.
Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Name of Petitioner: Michael Moates.
Nature of Petitioner's Request: Remove the specific requirement for Behavior Analyst Certification Board certification and accept certification from an entity that is nationally accredited to certify practitioners of behavior analysis.
Agency Decision: Request granted.
Statement of Reason for Decision: At its meeting on June 16, 2022, the board voted to initiate a rulemaking to amend 18VAC85-150-60 to comply with the language in § 54.1-2957.16 B of the Code of Virginia.
Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, or email william.harp@dhp.virginia.gov.
VA.R. Doc. No. PFR22-21; Filed June 16, 2022, 11:51 a.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: Ethan Kaste.
Nature of Petitioner's Request: The petitioner requests that the board amend 18VAC115-20-52 B 10 to allow residents in counseling to use the title Licensed Professional Counselor – Resident (LPC-R).
Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on July 18, 2022. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov. The Board of Counseling will receive public comment from July 18, 2022, to August 17, 2022.
The board will consider the petition at the next scheduled meeting following the close of the comment period. Currently, the board's next scheduled meeting after the close of the comment period is September 16, 2022. The board will inform the petitioner of its decision following that meeting.
Public Comment Deadline: August 17, 2022.
Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR22-38; Filed June 26, 2022, 2:32 p.m.
BOARD OF PSYCHOLOGY
Agency Decision
Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Basharat Shah.
Nature of Petitioner's Request: Establish guidelines and qualifications for psychologists involved in custody and visitation cases and prohibit those who do not meet those qualifications from testifying in court.
Agency Decision: Request denied.
Statement of Reason for Decision: In accordance with Virginia law, the petition was filed with the Virginia Registrar of Regulations and published on March 14, 2022, with comment requested until April 13, 2022. The petition and all comments received in support or opposition were reviewed by the board at its meeting on June 28, 2022. The board decided to take no action based on lack of jurisdiction to dictate evidentiary matters that are within the purview of the state court system.
Agency Contact: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR22-22; Filed June 28, 2022, 12:55 p.m.