REGULATIONS
(29:1 VA.R. September 10, 2012)
TABLE
OF CONTENTS
Publication Schedule and Deadlines
Notices of Intended Regulatory Action
Regulations
1VAC20-50. Candidate Qualification (Notice of Effective Date)
1VAC20-60. Election Administration (Notice of Effective Date)
1VAC20-60. Election Administration (Final)
1VAC20-70. Absentee Voting (Final)
2VAC5-670. Rules and Regulations for Enforcement of the
Virginia Pesticide Law (Final)
2VAC20-11. Public Participation Guidelines (Final)
3VAC5-70. Other Provisions (Fast-Track)
9VAC20-90. Solid Waste Management Permit Action Fees and
Annual Fees (Forms)
9VAC25-31. Virginia Pollutant Discharge Elimination System
(VPDES) Permit Regulation (Forms)
12VAC5-31. Virginia Emergency Medical Services Regulations
(Final)
13VAC10-180. Rules and Regulations for Allocation of
Low-Income Housing Tax Credits (Proposed)
18VAC85-80. Regulations Governing the Licensure of
Occupational Therapists (Final)
18VAC140-20. Regulations Governing the Practice of Social
Work (Proposed)
22VAC40-41. Neighborhood Assistance Tax Credit Program (Final)
22VAC40-185. Standards for Licensed Child Day Centers (Final)
The Virginia Register OF
REGULATIONS is an official state publication issued every other week
throughout the year. Indexes are published quarterly, and are cumulative for
the year. The Virginia Register has
several functions. The new and amended sections of regulations, both as
proposed and as finally adopted, are required by law to be published in the Virginia Register. In addition, the Virginia Register is a source of other
information about state government, including petitions for rulemaking,
emergency regulations, executive orders issued by the Governor, and notices of
public hearings on regulations.
ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS
An
agency wishing to adopt, amend, or repeal regulations must first publish in the
Virginia Register a notice of
intended regulatory action; a basis, purpose, substance and issues statement;
an economic impact analysis prepared by the Department of Planning and Budget;
the agency’s response to the economic impact analysis; a summary; a notice
giving the public an opportunity to comment on the proposal; and the text of
the proposed regulation.
Following
publication of the proposal in the Virginia Register, the promulgating agency
receives public comments for a minimum of 60 days. The Governor reviews the
proposed regulation to determine if it is necessary to protect the public
health, safety and welfare, and if it is clearly written and easily
understandable. If the Governor chooses to comment on the proposed regulation,
his comments must be transmitted to the agency and the Registrar no later than
15 days following the completion of the 60-day public comment period. The
Governor’s comments, if any, will be published in the Virginia Register. Not less than 15 days following the completion
of the 60-day public comment period, the agency may adopt the proposed
regulation.
The
Joint Commission on Administrative Rules (JCAR) or the appropriate standing
committee of each house of the General Assembly may meet during the
promulgation or final adoption process and file an objection with the Registrar
and the promulgating agency. The objection will be published in the Virginia Register. Within 21 days after
receipt by the agency of a legislative objection, the agency shall file a
response with the Registrar, the objecting legislative body, and the Governor.
When
final action is taken, the agency again publishes the text of the regulation as
adopted, highlighting all changes made to the proposed regulation and
explaining any substantial changes made since publication of the proposal. A
30-day final adoption period begins upon final publication in the Virginia Register.
The
Governor may review the final regulation during this time and, if he objects,
forward his objection to the Registrar and the agency. In addition to or in
lieu of filing a formal objection, the Governor may suspend the effective date
of a portion or all of a regulation until the end of the next regular General
Assembly session by issuing a directive signed by a majority of the members of
the appropriate legislative body and the Governor. The Governor’s objection or
suspension of the regulation, or both, will be published in the Virginia Register. If the Governor finds
that changes made to the proposed regulation have substantial impact, he may
require the agency to provide an additional 30-day public comment period on the
changes. Notice of the additional public comment period required by the
Governor will be published in the Virginia
Register.
The
agency shall suspend the regulatory process for 30 days when it receives
requests from 25 or more individuals to solicit additional public comment,
unless the agency determines that the changes have minor or inconsequential
impact.
A
regulation becomes effective at the conclusion of the 30-day final adoption
period, or at any other later date specified by the promulgating agency, unless
(i) a legislative objection has been filed, in which
event the regulation, unless withdrawn, becomes effective on the date
specified, which shall be after the expiration of the 21-day objection period;
(ii) the Governor exercises his authority to require the agency to provide for
additional public comment, in which event the regulation, unless withdrawn,
becomes effective on the date specified, which shall be after the expiration of
the period for which the Governor has provided for additional public comment;
(iii) the Governor and the General Assembly exercise their authority to suspend
the effective date of a regulation until the end of the next regular
legislative session; or (iv) the agency suspends the regulatory process, in
which event the regulation, unless withdrawn, becomes effective on the date
specified, which shall be after the expiration of the 30-day public comment
period and no earlier than 15 days from publication of the readopted action.
A
regulatory action may be withdrawn by the promulgating agency at any time
before the regulation becomes final.
FAST-TRACK RULEMAKING PROCESS
Section
2.2-4012.1 of the Code of Virginia provides an exemption from certain
provisions of the Administrative Process Act for agency regulations deemed by
the Governor to be noncontroversial. To
use this process, Governor's concurrence is required and advance notice must be
provided to certain legislative committees.
Fast-track regulations will become effective on the date noted in the
regulatory action if no objections to using the process are filed in accordance
with § 2.2-4012.1.
EMERGENCY REGULATIONS
Pursuant
to § 2.2-4011
of the Code of Virginia, an agency, upon consultation with the Attorney General,
and at the discretion of the Governor, may adopt emergency regulations that are
necessitated by an emergency situation. An agency may also adopt an emergency
regulation when Virginia statutory law or the appropriation act or federal law
or federal regulation requires that a regulation be effective in 280 days or
less from its enactment. The emergency regulation becomes operative upon its
adoption and filing with the Registrar of Regulations, unless a later date is
specified. Emergency regulations are limited to no more than 12 months in
duration; however, may be extended for six months under certain circumstances
as provided for in § 2.2-4011 D. Emergency regulations are published as
soon as possible in the Register.
During
the time the emergency status is in effect, the agency may proceed with the
adoption of permanent regulations through the usual procedures. To begin
promulgating the replacement regulation, the agency must (i)
file the Notice of Intended Regulatory Action with the Registrar within 60 days
of the effective date of the emergency regulation and (ii) file the proposed
regulation with the Registrar within 180 days of the effective date of the
emergency regulation. If the agency chooses not to adopt the regulations, the
emergency status ends when the prescribed time limit expires.
STATEMENT
The
foregoing constitutes a generalized statement of the procedures to be followed.
For specific statutory language, it is suggested that Article 2 (§ 2.2-4006
et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined
carefully.
CITATION TO THE VIRGINIA
REGISTER
The Virginia Register is cited by volume,
issue, page number, and date. 28:2 VA.R.
47-141 September 26, 2011, refers to Volume 28, Issue 2, pages 47 through 141
of the Virginia Register issued on September
26, 2011.
The Virginia Register of Regulations is published pursuant to Article 6 (§ 2.2-4031 et
seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.
Members
of the Virginia Code Commission: John S. Edwards, Chairman; Gregory D. Habeeb;
James M. LeMunyon;
Ryan T. McDougle;
Robert L. Calhoun; E.M. Miller,
Jr.; Thomas M. Moncure, Jr.; Wesley G. Russell, Jr.; Charles
S. Sharp; Robert L. Tavenner; Christopher R. Nolen;
J. Jasen Eige or Jeffrey S.
Palmore.
Staff
of the Virginia Register: Jane D.
Chaffin, Registrar of Regulations; June T. Chandler, Assistant
Registrar; Rhonda Dyer, Publications
Assistant; Terri Edwards, Operations
Staff Assistant; Karen Perrine,
Staff Attorney.
September 2012 through August 2013
Volume: Issue |
Material Submitted By Noon* |
Will Be Published On |
29:1 |
August 22, 2012 |
September 10, 2012 |
29:2 |
September 5, 2012 |
September 24, 2012 |
29:3 |
September 19, 2012 |
October 8, 2012 |
29:4 |
October 3, 2012 |
October 22, 2012 |
29:5 |
October 17, 2012 |
November 5, 2012 |
29:6 |
October 31, 2012 |
November 19, 2012 |
29:7 |
November 13, 2012 (Tuesday) |
December 3, 2012 |
29:8 |
November 28, 2012 |
December 17, 2012 |
29:9 |
December 11, 2012 (Tuesday) |
December 31, 2012 |
29:10 |
December 26, 2012 |
January 14, 2013 |
29:11 |
January 9, 2013 |
January 28, 2013 |
29:12 |
January 23, 2013 |
February 11, 2013 |
29:13 |
February 6, 2013 |
February 25, 2013 |
29:14 |
February 20, 2013 |
March 11, 2013 |
29:150 |
March 6, 2013 |
March 25, 2013 |
29:16 |
March 20, 2013 |
April 8, 2013 |
29:17 |
April 3, 2013 |
April 22, 2013 |
29:18 |
April 17, 2013 |
May 6, 2013 |
29:19 |
May 1, 2013 |
May 20, 2013 |
29:20 |
May 15, 2013 |
June 3, 2013 |
29:21 |
May 29, 2013 |
June 17, 2013 |
29:22 |
June 12, 2013 |
July 1, 2013 |
29:23 |
June 26, 2013 |
July 15, 2013 |
29:24 |
July 10, 2013 |
July 29, 2013 |
29:25 |
July 24, 2013 |
August 12, 2013 |
29:26 |
August 7, 2013 |
August 26, 2013 |
*Filing
deadlines are Wednesdays unless otherwise specified.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF DENTISTRY
Initial Agency Notice
Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice.
Statutory Authority:
§ 54.1-2400 of the Code of Virginia.
Name of Petitioner: Tabitha
McGlaughlin.
Nature of Petitioner's Request: To amend
18VAC60-20-50, Requirements for continuing education, to include Ursus
Lifesavers and Aquatics as approved providers or BLS training.
Agency Plan for Disposition of Request: The petition
will be published on September 10, 2012, in the Virginia Register of
Regulations and also posted on the Virginia Regulatory Townhall at http://www.townhall.virginia.gov to receive
public comment until October 10, 2012. The request to amend regulations and any
comments for or against the petition will be considered by the board at its
meeting scheduled for December 7, 2012.
Public Comment Deadline: October 10,
2012.
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. R13-01, Filed August 10, 2012, 2:03 p.m.
BOARD OF MEDICINE
Initial Agency Notice
Title of Regulation: 18VAC85-20. Regulations Governing the Practice of
Medicine, Osteopathy, Podiatry, and Chiropractic.
Statutory Authority:
§ 54.1-2400 of the Code of Virginia.
Name of Petitioner: David
Weitzman, M.D.
Nature of Petitioner's Request: To amend
requirements for licensure for persons who have been duly licensed in another
state and have practiced a set number of years to gain unrestricted licensure
by reciprocity or other such pathways.
Agency Plan for Disposition of Request: In
accordance with Virginia law, the petition has been filed with the Virginia
Register of Regulations and will be published on September 10, 2012, and posted
on the Virginia Regulatory Townhall at http://www.townhall.virginia.gov. Comment on
the petition will be received until October 5, 2012. Following receipt of all
comments on the petition to amend regulations, the board will decide whether to
make any changes to the regulatory language. This matter will be on the board's
agenda for its meeting on October 25, 2012.
Public Comment Deadline: October 5,
2012.
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. R13-02, Filed August 21, 2012, 9:25 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
VIRGINIA SOIL AND WATER CONSERVATION
BOARD
Notice of Intended Regulatory Action
Notice is hereby given in
accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia
Soil and Water Conservation Board intends to consider amending 4VAC50-60, Stormwater Management Regulations, and promulgating 4VAC50-80,
Nutrient Trading Certification Regulations. The purpose of the proposed
action is to establish new Nutrient Trading Certification Regulations
(4VAC50-80) in accordance with the 2012 Nutrient Trading Act
(§ 10.1-603.15:1. et seq. of the Code of Virginia) that will govern the
certification of certain nutrient credits. The action may also require
revisions to the Stormwater Management Regulations
(4VAC50-60) related to nutrient credit use and additional off-site options for
construction activities pursuant to § 10.1-603.8:1 of the Code of
Virginia. Pursuant to § 10.1-603.15:2 B 9 of the Code of Virginia, the
action may also include but not be limited to language that addresses other
components of Article 1.1:1 (§ 10.1-603.15:1 et seq.) of Chapter 6 of
Title 10.1 of the Code of Virginia or Article 1.1 (§ 10.1-104.7 et seq.)
of Chapter 6 of Title 10.1 of the Code of Virginia (the Stormwater
Management Act) as deemed necessary. The action may also include the
development of necessary forms and may include documents incorporated by
reference.
The agency intends to hold a
public hearing on the proposed action after publication in the Virginia
Register.
Statutory Authority: §§ 10.1-603.2:1 and 10.1-603.4 of the Code of
Virginia.
Public Comment Deadline: October 10, 2012.
Agency Contact: David C. Dowling, Policy and Planning Director,
Department of Conservation and Recreation, 203 Governor Street, Suite 302,
Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email
david.dowling@dcr.virginia.gov.
VA.R. Doc. No. R13-3379; Filed August 21, 2012, 2:55 p.m.
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TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Notice of Intended Regulatory Action
Notice is hereby given in
accordance with § 2.2-4007.01 of the Code of Virginia that the State Water
Control Board intends to consider amending 9VAC25-151, Virginia Pollutant
Discharge Elimination System (VPDES) General Permit Regulation for Storm Water
Discharges Associated with Industrial Activity. The purpose of the proposed
action is to amend and reissue the VPDES general permit for storm water
discharges from industrial activity. The permit expires on June 30, 2014, and
needs to be reissued so that industrial facilities with point source discharges
to surface waters of storm water from regulated industrial activities can
continue to have general permit coverage.
The agency intends to hold a
public hearing on the proposed action after publication in the Virginia
Register.
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402
of the federal Clean Water Act; and 40 CFR Parts 122, 123, and 124.
Public Comment Deadline: October 10, 2012.
Agency Contact: Burton R. Tuxford,
Department of Environmental Quality, 629 East Main Street, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4086, FAX (804) 698-4032, TTY (804)
698-4021, or email burton.tuxford@deq.virginia.gov.
VA.R. Doc. No. R13-3382; Filed August 22, 2012, 6:11 a.m.
Notice of Intended Regulatory Action
Notice is hereby given in
accordance with § 2.2-4007.01 of the Code of Virginia that the State Water
Control Board intends to consider amending 9VAC25-190, Virginia Pollutant
Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic
Mineral Mining. The purpose of the proposed action is to amend and reissue
the VPDES general permit for wastewater discharges from nonmetallic mineral
mines. The permit expires on June 30, 2014, and needs to be reissued so that
nonmetallic mineral mines with point source discharges of wastewater to surface
waters can continue to have general permit coverage.
The agency intends to hold a
public hearing on the proposed action after publication in the Virginia
Register.
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402
of the federal Clean Water Act; and 40 CFR Parts 122, 123, and 124.
Public Comment Deadline: October 10, 2012.
Agency Contact: Elleanore M. Daub,
Department of Environmental Quality, 629 East Main Street, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4111, FAX (804) 698-4032, TTY (804)
698-4021, or email elleanore.daub@deq.virginia.gov.
VA.R. Doc. No. R13-3381; Filed August 22, 2012, 6:04 a.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHARMACY
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
Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the
Practice of Pharmacy. The purpose of the proposed action is to address a
petition for rulemaking requesting amendments to specify a limitation of
excessive hours of work without any breaks for pharmacists. The regulation is
necessary to prevent, to the extent possible, prescription errors due to
fatigue and lack of concentration by pharmacists in the important task of
assuring the accuracy and integrity of controlled substances. The action is the
result of a petition for rulemaking by a pharmacist and was strongly supported
in comment on the petition.
The agency intends to hold a
public hearing on the proposed action after publication in the Virginia
Register.
Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et
seq.) and 34 (§ 54.1-3400 et seq.) of Title 54 of the Code of Virginia.
Public Comment Deadline: October 10, 2012.
Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463,
telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.
VA.R. Doc. No. R12-19 (Project 3337); Filed August 8, 2012, 4:36 p.m.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
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 Social Services has WITHDRAWN the Notice of Intended Regulatory Action to
repeal 22VAC15-30, Standards for Licensed Child Day Centers and
promulgate 22VAC15-31, Standards for Licensed Child Day Centers, which
was published in 25:26 VA.R. 4468 August 31, 2009. Enactments 75 through 78 of
the 2012 Acts of Assembly abolished the Child Day-Care Council and transferred
its powers and duties to the State Board of Social Services effective July 1, 2012.
This regulatory action will be promulgated by the State Board of Social
Services under a new Notice of Intended Regulatory Action.
Agency Contact: Debra O'Neill, Children's Program Licensing
Consultant, Department of Social Services, Division of Licensing Programs, 801
East Main Street, Richmond, VA 23219, telephone (804) 726-7648, FAX (804)
726-7132, TTY (800) 828-1120, or email debra.oneill@dss.virginia.gov.
VA.R. Doc. No. R09-2086; Filed August 20, 2009, 9:51 a.m.
STATE BOARD OF ELECTIONS
Notice of Effective Date
Title of Regulation: 1VAC20-50. Candidate Qualification (amending
1VAC20-50-20).
Statutory Authority: § 24.2-103 of the Code of Virginia.
Effective Date: August 29, 2012.
On March 20, 2012, the Board of
Elections amended this regulation relating to material omissions from candidate
petitions. The final regulation was published July 16, 2012, Volume 28, Issue
23 of the Virginia Register (28:23 VA.R. 1700
July 16, 2012) with an effective date upon filing a notice of the United
States Attorney General's preclearance with the Registrar of Regulations. The
State Board of Elections hereby notices the United States Attorney General's
approval of this regulation via a letter dated August 21, 2012, from T.
Christian Herren, Jr., Chief, Voting Section, to
Joshua N. Lief, Esq., Senior Assistant Attorney
General, Office of Attorney General of Virginia. The effective date of this
regulation is August 29, 2012. Copies are available online at http://townhall.virginia.gov/L/ViewBoard.cfm?BoardID=151,
by calling toll-free 1-800-552-9745 or local (804) 864-8901, by sending a
written request to FOIA Coordinator, 1100 Bank St., Richmond, VA 23219, or by
email request to foia@sbe.virginia.gov.
Agency Contact: David Blackwood, Policy Analyst, State Board of
Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8930, or
email david.blackwood@sbe.virginia.gov.
VA.R. Doc. No. R12-3156; Filed August 29, 2012, 3:50 p.m.
Title of Regulation: 1VAC20-60. Election Administration (amending
1VAC20-60-20).
Statutory Authority: § 24.2-103 of the Code of Virginia.
Effective Date: August 29, 2012.
On March 20, 2012, the Board of
Elections amended this regulation relating to material omissions from
referendum petitions. The final regulation was published July 16, 2012, Volume
28, Issue 23 of the Virginia Register (28:23 VA.R. 1701
July 16, 2012) with an effective date upon filing a notice of the United
States Attorney General's preclearance with the Registrar of Regulations. The
State Board of Elections hereby notices the United States Attorney General's
approval of this regulation via a letter dated August 21, 2012, from T.
Christian Herren, Jr., Chief, Voting Section, to
Joshua N. Lief, Esq., Senior Assistant Attorney
General, Office of Attorney General of Virginia. The effective date of this
regulation is August 29, 2012. Copies are available online at http://townhall.virginia.gov/L/ViewBoard.cfm?BoardID=151,
by calling toll-free 1-800-552-9745 or local (804) 864-8901, by sending a
written request to FOIA Coordinator, 1100 Bank St., Richmond, VA 23219, or by
email request to foia@sbe.virginia.gov.
Agency Contact: David Blackwood, State Board of Elections, 1100 Bank
Street, Richmond, VA 23219, telephone (804) 864-8930, or email david.blackwood@sbe.virginia.gov.
VA.R. Doc. No. R12-3155; Filed August 29, 2012, 3:50 p.m.
REGISTRAR'S NOTICE: The State
Board of Elections is claiming an exemption from the Administrative Process Act
pursuant to § 2.2-4002 B 8 of the Code of Virginia, which exempts agency
action relating to the conduct of elections or eligibility to vote.
Title of Regulation: 1VAC20-60. Election Administration (adding
1VAC20-60-60).
Statutory Authority: § 24.2-103 of the Code of Virginia.
Effective Date: August 29, 2012.
Agency Contact: Myron McClees, Policy
Analyst, State Board of Elections, 1100 Bank Street, Richmond, VA 23219,
telephone (804) 864-8949, FAX (804) 786-0760, or email
myron.mcclees@sbe.virginia.gov.
Summary:
The amendment allows, but
does not require, a general registrar or electoral board member to contact a
provisional voter who failed to provide identification to remind the voter that
his vote will not count unless he provides a copy of the required
identification no later than noon on the Friday after election day.
1VAC20-60-60. Provisional
votes.
The electoral board or
general registrar may attempt to contact an individual who has voted a
provisional ballot when required by § 24.2-643 of the Code of Virginia and
remind the individual that he is permitted to provide a copy of a form of
identification as specified in subsection B of § 24.2-643 of the Code of
Virginia to arrive no later than noon on the Friday after election day.
However, there shall be no requirement that the electoral board or general
registrar contact such individual.
VA.R. Doc. No. R12-3246; Filed August 29, 2012, 12:58 p.m.
REGISTRAR'S NOTICE: The State
Board of Elections is claiming an exemption from the Administrative Process Act
pursuant to § 2.2-4002 B 8 of the Code of Virginia, which exempts agency
action relating to the conduct of elections or eligibility to vote.
Title of Regulation: 1VAC20-70. Absentee Voting (amending
1VAC20-70-10).
Statutory Authority: § 24.2-103 of the Code of Virginia.
Effective Date: August 24, 2012.
Agency Contact: Martha Brissette, Policy
Analyst, State Board of Elections, 1100 Bank St., Richmond, VA 23219, telephone
(800) 552-9745 ext: 8925, FAX (804) 786-0760, TTY
(800) 260-3466, or email martha.brissette@sbe.virginia.gov.
Summary:
The amendment removes
"temporary" from the definition of "Federal only ballot overseas
voter."
1VAC20-70-10. Definitions.
The following words and
terms when used in this chapter shall have the following meanings unless the
context clearly indicates otherwise
[ .: ]
"Application for an
absentee ballot" means an application for an absentee ballot submitted on
any form approved for that purpose according to federal and state laws. The
term includes a Virginia Absentee Ballot Application (SBE-701), a Virginia
Annual Absentee Ballot Application (SBE-703.1), and a Federal Post Card Application
(SF-76A). A Federal Write-In Absentee Ballot (SF-186A) is an absentee ballot
application only for the voted ballot being submitted and is not an application
for future elections.
"Envelope B" means
the envelope required by § 24.2-706 of the Code of Virginia which
identifies the voter.
"Temporary federal "Federal only ballot overseas voter"
means a United States citizen residing outside the United States indefinitely
who has not provided his last date of residence in Virginia. The date the
applicant has provided next to his affirmation will serve as his last date of
residence.
VA.R. Doc. No. R12-3286; Filed August 24, 2012, 4:04 p.m.
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BOARD OF AGRICULTURE AND CONSUMER
SERVICES
Final Regulation
REGISTRAR'S NOTICE:
Enactments 31 through 33 of Chapters 803 and 835 of the 2012 Acts of Assembly
abolished the Pesticide Control Board effective July 1, 2012, and transferred
regulations of the board to the Board of Agriculture and Consumer Services. The
following action transfers the Pesticide Control Board regulation numbered
2VAC20-20 to the Board of Agriculture and Consumer Services and renumbers the
regulation as 2VAC5-670.
This regulatory action is excluded from the Administrative Process Act
in accordance with § 2.2- 4006 A 4 a of the Code of Virginia, which
excludes regulations that are necessary to conform to changes in Virginia
statutory law where no agency discretion is involved. The Board of Agriculture
and Consumer Services will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration or revision.
Title of Regulation: 2VAC5-670. Rules and Regulations for Enforcement of
the Virginia Pesticide Law (adding
2VAC5-670-10 through 2VAC5-670-220).
Statutory Authority: § 3.2-3906 of the Code of Virginia.
Effective Date: October 10, 2012.
Agency Contact: Erin Williams, Policy and Planning Coordinator,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-6559 ext: 1308, FAX (804)
371-7479, TTY (800) 828-1120, or email erin.williams@vdacs.virginia.gov.
Summary:
Chapters 803 and 835 of the
2012 Acts of Assembly abolished the Pesticide Control Board and transferred its
duties and responsibilities to the Board of Agriculture and Consumer Services.
The legislation was a result of a recommendation of Governor McDonnell's
Commission on Government Reform and Restructuring. This regulatory action
amends the Pesticide Control Board regulations by renumbering the regulations
and placing them under the Virginia Department of Agriculture and Consumer
Services in the Virginia Administrative Code.
CHAPTER 20 670
RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PESTICIDE LAW
2VAC20-20-10. 2VAC5-670-10. Definitions.
The following words and terms
when used in this chapter shall have the following meanings unless the context
clearly indicates otherwise. Words used in singular form in this chapter
include the plural, and vise versa, as appropriate.
"Active ingredient"
means an ingredient which:
1. Is independently capable of:
a. Preventing, destroying,
repelling, or mitigating insects, fungi, rodents, weeds, nematodes, or other pests;
or
b. Altering through
physiological action the behavior of ornamental or crop plants or their
produce; or
c. Causing leaves or foliage to
drop from a plant; or
d. Artificially accelerating
the drying of plant tissue.
2. Is present in the product in
an amount sufficient to be effective; and
3. Is not antagonistic to the
activity of the principal active ingredients. The commissioner may require an
ingredient to be designated as an active ingredient if, in his opinion, it
sufficiently increases the effectiveness of the pesticide to warrant such
action.
"Commissioner" means
the Commissioner of the Department of Agriculture and Consumer Services.
"Herbicide" means
any substance or mixture of substances intended for preventing, destroying,
repelling, or mitigating any weed, including any algae or other aquatic weed.
"Law" means Chapter
39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia, known as the
Virginia Pesticide Control Act.
"Rodent" means any
animal of the order Rodentia including, but not
limited to, rats, mice, rabbits, gophers, prairie dogs, and squirrels.
2VAC20-20-20. 2VAC5-670-20.
Language to be used.
All statements, words, and
other information required by the law or by this chapter to appear on the label
or labeling of any pesticide shall be in the English language. However, in the
case of articles intended solely for distribution to points outside the United
States, the appropriate foreign language may be used.
2VAC20-20-30. 2VAC5-670-30. Label.
A. The name and address of the
manufacturer shall appear on the label. If the registrant's name appears on the
label and the registrant is not the manufacturer, or if the name of the person
for whom the pesticide was manufactured appears on the label, it must be qualified
by appropriate wording such as "Packed for . . .,"
"Distributed by.. .," or "Sold by...," to show that the
name is not that of the manufacturer.
B. The name, brand, or
trademark of the pesticide appearing on the label shall be that under which the
pesticide is registered.
C. The net content declaration
shall comply with the Weights and Measures Act of Virginia, Chapter 56
(§ 3.2-5600 et seq.) of Title 3.2 of the Code of Virginia and its
regulations.
D. Directions for use are
required for the protection of the public. The public includes not only users
of pesticides, but also those who handle them or may be affected by their use,
handling, or storage. Pesticides restricted by this chapter shall be registered
only for their permitted uses, and the label shall have a prominent statement
to the effect that the product is to be used only as directed. Directions for
use are considered necessary in the case of most retail containers, with the
following exceptions.
Directions may be omitted:
1. If the pesticide is to be
used by manufacturers in their regular manufacturing processes, provided that
the label clearly shows that the product is intended for use only in
manufacturing processes, and bears an ingredient statement giving the name and
percentage of each of the active ingredients.
2. If the pesticide is sold to
distributors for dilution or mixing with carriers to prepare pesticides for
sale to the public, provided that the label bears an ingredient statement
giving the name and percentage of each of the active ingredients; and the
pesticide is a well-known substance or mixture of substances; and there is
readily available general knowledge of the composition, methods of use, and
effectiveness of the product for pesticide purposes.
2VAC20-20-40. 2VAC5-670-40. Ingredient statement.
A. Location of ingredient
statement. The ingredient statement shall appear on that part of the label
displayed under customary conditions of purchase; except in cases where the
commissioner determines that, due to the size or form of the container, a
statement on that portion of the label is impractical, and permits the
statement to appear on another side or panel of the label. When so permitted,
the ingredient statement shall be in larger type and more prominent than would
otherwise be required. The ingredient statement shall run parallel with other
printed matter on the panel of the label on which it appears, and shall be on a
clear contrasting background.
B. Names of ingredients. The
well-known common name of the ingredient shall be given or, if the ingredient
has no common name, the correct chemical name. If there is no common name and
the chemical composition is unknown or complex, the commissioner may permit the
use of a new or coined name which he finds to be appropriate for the
information and protection of the user. If the use of a new or coined name is
permitted, the commissioner may prescribe the terms under which it may be used.
A trademark or trade name may not be used as the name of an ingredient, except
when it has become a common name.
C. Percentages of ingredients.
Percentages of ingredients shall be determined by weight, and the sum of the
percentages of the ingredients shall be 100. Sliding scale forms of ingredient
statements shall not be used.
D. Designation of ingredients.
Active ingredients and inert ingredients shall be so designated, and the term
"inert ingredient" shall appear in the same size type and be as
prominent as the term "active ingredient".
2VAC20-20-50. 2VAC5-670-50. Pesticides highly toxic to humans.
A. Pesticides which fall
within any of the following categories when tested on laboratory animals as
specified in subdivisions 1, 2, or 3 of this subsection are highly toxic to
humans or contain substances or quantities of substances highly toxic to humans
within the meaning of the law. Such pesticides shall be referred to as
pesticides highly toxic to humans. Upon application and after an opportunity
for a hearing, the commissioner may exempt any pesticide from these
requirements which is not highly toxic to humans:
1. Oral toxicity. A pesticide
which has single dose LD50 of 50 milligrams or less per kilogram of body
weight, when administered orally to both male and female rats which have been
fasted for a period of 24 hours (or to other rodent or nonrodent
species specified by the commissioner); or
2. Toxicity on inhalation. A
pesticide which has an LC50 of 2,000 micrograms or less of dust or mist per
liter of air or 200 parts per million or less by volume of a gas or vapor, when
administered by continuous inhalation for one hour to both male and female
rodent or nonrodent species specified by the
commissioner, if he finds that it is reasonably foreseeable that such
concentration will be encountered by humans; or
3. Toxicity by skin absorption.
A pesticide which has an LD50 of 200 milligrams or less per kilogram of body
weight, when administered by continuous contact for 24 hours with the bare skin
of rabbits (or other rodent or nonrodent species
specified by the commissioner).
B. Test on other species.
Tests on other specified rodent or nonrodent species
may be required by the commissioner whenever he finds that tests on other
species are necessary to determine whether a pesticide is highly toxic to
humans.
C. Terms LD50 and LC50. An
LD50 as used in connection with oral toxicity and skin absorption toxicity
tests is the dose, and LC50 as used in connection with inhalation tests is the
concentration, which is expected to cause death within 14 days in 50% of the
test animals so treated.
D. Toxicity based on human
experience. If the commissioner finds, after an opportunity for hearing, that
available data on human experience with any pesticide indicates a greater
toxicity than found in the tests on animals, the human data shall take
precedence; and if he finds that the protection of the public so requires, the
commissioner shall declare such a pesticide to be highly toxic to humans for
the purposes of this law and its regulations.
2VAC20-20-60. 2VAC5-670-60. Warning or caution statement.
A. Warning or caution
statements which are necessary and, adequate to prevent injury to humans,
useful vertebrate, and invertebrate animals, and useful vegetation, must appear
on the label in a place sufficiently prominent to warn the user. They shall
state clearly and in nontechnical language the particular hazard involved in
the use of the pesticide (e.g., ingestion, skin absorption, inhalation,
flammability, or explosion), and the precautions to be taken to avoid accident,
injury, or damage.
B. The label of every
pesticide shall bear warnings or cautions which are necessary for the
protection of the public, including the statement, "Keep out of reach of
children," and a signal word such as "DANGER,"
"WARNING," or "CAUTION," which the commissioner may
prescribe, on the front panel or that part of the label displayed under
customary conditions of purchase. However, the commissioner may permit
reasonable variations in the placement of that part of the required warnings
and cautions other than the statement "Keep out of reach of children"
and the required signal word, if in his opinion such variations would not be
injurious to the public. If a pesticide is marketed in channels of trade where
the likelihood of contact with children is extremely remote, or if the nature of
the product is such that it is likely to be used on infants or small children
without causing injury under any reasonably foreseeable conditions, the
commissioner may waive the requirements of the statement "Keep out of
reach of children." The commissioner may permit a statement such as
"Keep away from infants and small children" instead of the statement
"Keep out of reach of children," if he determines that such a
variation would not be injurious to the public.
C. The label of every
pesticide which is highly toxic to humans shall bear the words
"DANGER" and "POISON" in red on a contrasting background
next to the skull and crossbones, and an antidote statement including
directions to call a physician immediately, on the front panel or that part of
the label displayed under customary conditions of purchase. However, the
commissioner may permit reasonable variations in the placement of the antidote
statement if some reference such as "See antidote statement on back panel"
appears on the front panel near the word "POISON" and the skull and
crossbones.
D. Warning or caution
statements which comply with the requirements of the regulations for the
enforcement of the Federal Insecticide, Fungicide and Rodenticide Act shall be
considered in compliance with the requirements of this chapter.
2VAC20-20-70. 2VAC5-670-70. Registration.
A. Eligibility. Any
manufacturer, packer, seller, distributor, or shipper of a pesticide is
eligible as a registrant and may register the pesticide.
B. Procedure for registration.
Application for registration should be made on the form provided. Application
forms will be furnished upon request to the Virginia Department of Agriculture
and Consumer Services, Office of Pesticide Services, Post Office Box 1163,
Richmond, Virginia 23218. Application should be submitted as far in advance as
possible, before the time registration is desired to take effect.
C. Effective date of
registration. Registration of a pesticide shall become effective on the date
the certificate of registration is issued.
D. Responsibility of a
registrant. The registrant is responsible for the accuracy and completeness of
all information submitted in connection with his application for registration
of a pesticide.
E. Changes in labeling or
formula.
1. Changes in the labeling, or
formula of a registered pesticide, shall be submitted in advance to the Office
of Pesticide Management Services. The registrant shall describe
the exact changes desired and the proposed effective date; and upon request,
shall submit a description of tests which justify such changes.
2. After the effective date of
a change in labeling or formula, the product shall be marketed only under the
new label or formula, except that a reasonable time may be permitted by the
commissioner to dispose of properly labeled stocks of old products.
F. Claims shall conform to
registration. Claims made for a pesticide shall not differ in substance from
representations made in connection with registration, including representations
with respect to effectiveness, ingredients, directions for use, or pests
against which the product is recommended.
2VAC20-20-80. 2VAC5-670-80. Coloration and discoloration.
A. Unless exempted by 2VAC20-20-130
2VAC5-670-130 of this chapter, the white pesticides hereinafter named
shall be colored or discolored in compliance with this section. The hues,
values, and chromas specified are those contained in
the Munsell Book of Color, Munsell
Color Company, Baltimore, Maryland.
B. Coloring agent. The coloring
agent shall produce a uniformly colored product not subject to change in color
beyond the minimum requirements specified in this chapter during ordinary
conditions of marketing or storage. They must not cause the product to become
ineffective, or cause damage when used as directed.
C. Arsenicals and barium fluosilicate. Standard lead arsenate, basic lead arsenate,
calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite,
and barium fluosilicate shall be colored any hue
except the yellow-reds and yellows, having a value of not more than eight and a
chroma of not less than four, or shall be discolored
to a neutral lightness value not over seven.
D. Sodium fluoride and sodium fluosilicate. Sodium fluoride and sodium fluosilicate shall be colored blue or green having a value
of not more than eight and a chroma of not less than
four, or shall be discolored to a neutral lightness value not over seven.
E. Exceptions. The
commissioner, after the opportunity for a hearing, may permit other hues to be
used for any particular purpose, if the prescribed hues are not feasible for
the purpose, and if this action will not be injurious to the public.
2VAC20-20-90. 2VAC5-670-90. Misbranding; false or misleading
statements.
Among representations in the
labeling of a pesticide which render it misbranded are the following:
1. A false or misleading
statement concerning the composition of the product.
2. A false or misleading
statement concerning the effectiveness of the product as a pesticide or device.
3. A false or misleading
statement about the value of the product for purposes other than as a pesticide
or device.
4. A false or misleading
comparison with other pesticides or devices.
5. A false or misleading
representation as to the safety of the pesticide or of its ingredients,
including a statement such as "nonpoisonous," "noninjurious," or "nonhazardous," unless the
product is in fact safe from all conditions.
6. Any statement directly or
indirectly implying that the pesticide or device is recommended or endorsed by
any agency of this Commonwealth.
7. The name of a pesticide
which contains two or more active ingredients, if it suggests the name of one
or more but not all such ingredients, even though the names of the other
ingredients are stated elsewhere in the labeling.
8. A true statement used in a
way which would give a false or misleading impression to the purchaser.
2VAC20-20-100. 2VAC5-670-100. Enforcement.
A. Collection of samples.
Samples of pesticides and devices shall be collected by a designated agent. An
official representative sample shall be one which is taken by the commissioner
or his duly authorized agent. An unbroken original package shall be taken as
the official sample where the pesticide is packed in small bottles or small
packages. Where the pesticide is packed in large containers, the official
sample shall be a portion taken from one original package in a lot.
B. Examination of samples.
Methods of sample examination shall be those adopted and published by the
Association of Official Analytical Chemists, where applicable, and any other
methods necessary to determine if the product complies with the law.
C. Notice of apparent
violation.
1. If from an examination or
analysis, a pesticide or device appears to be in violation of the law, a
written notice shall be sent to the person against whom criminal proceedings
are contemplated, giving him an opportunity to offer a written explanation. The
notice shall state the manner in which the sample fails to meet the
requirements of the law and this chapter.
2. In addition to his reply to
the notice, any person may file, within 20 days of receipt of the notice, a
written request for an opportunity to present an oral defense.
3. No notice or hearing shall
be required prior to the seizure of any pesticide or device.
2VAC20-20-110. 2VAC5-670-110. Notice of judgment.
Publication of court judgments
in cases heard under the criminal or seizure provision of the law shall be in
the form of notices, circulars, or bulletins as directed by the commissioner.
2VAC20-20-120. 2VAC5-670-120. Products for experimental use.
A. Articles for which no
permit is required.
1. A substance or mixture of
substances being tested only to determine its value as a pesticide, or to
determine its toxicity or other properties, and is not considered a pesticide
within the meaning of § 3.2-3900 of the Code of Virginia.
2. A pesticide shipped or
delivered for experimental use by or under the supervision of any federal or
state agency authorized by law to conduct research in the field of economic
poisons shall not be subject to the provisions of the law and this chapter.
B. Articles for which permit
is required.
1. A pesticide shipped or delivered
for experimental use by other qualified persons shall be exempt from the
provisions of the law and of this chapter if a permit is obtained beforehand.
Permits may be either, specific or general. A specific permit will be issued to
cover a particular shipment on a specified date to a named person. A general
permit will be issued to cover more than one shipment over a period of time to
different persons.
2. If a pesticide is to be
tested for a use which is likely to leave residue on or in food or feed, a
permit for shipment or delivery will be issued only when:
a. The food or feed product
will only be used as food or feed for laboratory or experimental animals, or
b. Convincing evidence is
submitted by the applicant that the proposed use will not produce an amount of
residue which would be hazardous to humans or animals.
3. All applications for permits
covering shipments for experimental use shall include:
a. Name and address of the
shipper and places from which the shipment will be made.
b. Proposed date of shipment or
proposed shipping period, not to exceed one year.
c. A statement of the
composition of material to be covered by the permit which should apply to a
single material or group of closely allied formulations of the material.
d. A statement of the
approximate quantity to be shipped.
e. A statement of the nature of
the proposed experimental program, including the type of pests or organisms to
be experimented with, the crops or animals for which the pesticide is to be
used, the areas where the program will be conducted, and the results of
previous tests, where necessary, to justify the quantity requested.
f. The percentage of the total
quantity specified under subdivision 3 d of this subsection which will be
supplied without charge to the user.
g. A statement that the
pesticide is intended for experimental use only.
h. Proposed labeling, which
must bear:
(1) The prominent statement
"For experimental use only" on the container label and any
accompanying circular or other labeling,
(2) A warning or caution
statement which may be necessary and if complied with, adequate for the
protection of those who may handle or be exposed to the experimental substance,
(3) The name and address of the
applicant for the permit,
(4) The name or designation of
the substance, and
(5) If the pesticide is to be
sold, a statement of the names and percentages of the principal active
ingredients in the product.
If the shipper submits a copy
of the valid experimental permit and accepted labeling issued under the
provisions of the Federal Insecticide, Fungicide and Rodenticide Act, the
commissioner may exempt the shipper from submitting the data and information
specified in subdivisions 3 e through h of this subsection.
4. The commissioner may limit
the quantity of a pesticide covered by a permit if the available information on
effectiveness, toxicity, or other hazards is not sufficient to justify the
scope of the proposed experiment and he may impose other limitations in the
permit for the protection of the public.
C. Cancellation of permits.
Any permit for shipment for experimental use may be cancelled at any time for
any violation of its terms.
2VAC20-20-130. 2VAC5-670-130. Exemption.
Any pesticide specified in 2VAC20-20-80
2VAC5-670-80 of this chapter which is intended solely for use by a
textile manufacturer or commercial laundry, cleaner, or dyer as a mothproofing
agent, or used in the manufacture or processing or rubber, glue or leather
goods, which would not be suitable for such use if colored and which will not
come into the hands of the public except when incorporated into a fabric and
will not be present in these finished goods in sufficient quantities to cause
injury to any person, shall be exempt from the requirements of 2VAC20-20-80
2VAC5-670-80.
2VAC20-20-140. 2VAC5-670-140. Declaration of pests.
In addition to those pests
defined in Article 1 of the law, the commissioner hereby declares as pests the
following forms of plant and animal life and viruses:
1. Mammals, including but not
limited to dogs, cats, moles, bats, wild carnivores, armadillos, and deer;
2. Birds, including but not
limited to starlings, English sparrows, crows, and blackbirds;
3. Fishes, including but not
limited to the jawless fishes such as the sea lamprey, the cartilaginous fishes
such as the sharks, and the bony fishes such as the carp;
4. Amphibians and reptiles,
including but not limited to poisonous snakes;
5. Aquatic and terrestrial
invertebrates, including but not limited to slugs, snails, and crayfish;
6. Roots and other plant parts
growing where not wanted;
7. Viruses, other than those on
or in humans or animals.
2VAC20-20-150. 2VAC5-670-150. Handling and storage.
No person shall handle,
transport, store, display, or distribute pesticides in a manner which may
endanger humans and the environment, or food, feed, or any other products that
may be transported, stored, displayed, or distributed with the pesticides.
2VAC20-20-160. 2VAC5-670-160. Disposal.
No person shall dispose of,
discard, or store any pesticides or pesticide containers in a manner which may
cause injury to humans, vegetation, crops, livestock, wildlife, pollinating
insects, or pollute any water supply or waterway.
2VAC20-20-170. 2VAC5-670-170. Application and equipment.
A. No person shall apply,
dispense, or use any pesticide in or through any equipment or application
apparatus unless the equipment or apparatus is in sound mechanical condition
and capable of satisfactory operation. All pesticide application equipment
shall be properly equipped to dispense the proper amount of material. All
pesticide mixing, storage, or holding tanks, whether on application equipment
or not, shall be leakproof. All spray distribution
systems shall be leakproof, and any pumps which these
systems may have shall be capable of operating at sufficient pressure to assure
a uniform and adequate rate of discharge.
B. All pesticide application
equipment shall be equipped with cut-off valves and discharge orifices to
enable the operator to pass over nontarget areas
without contaminating them. All hoses, pumps, or other equipment used to fill
pesticide handling, storage, or application equipment shall be fitted with an
effective valve or device to prevent backflow into water supply systems,
streams, lakes, other sources of water, or other materials. However, these
backflow devices or valves are not required for separate water storage tanks
used to fill agricultural pesticide application equipment by gravity systems
when the fill spout, tube, or pipe is not allowed to contact or fall below the water
level of the application equipment being filled, and no other possible means of
establishing a backsiphon or backflow exists.
2VAC20-20-180. 2VAC5-670-180. Cancellation authority.
All pesticides which have been
cancelled or suspended by the United States Government are subject to
cancellation in Virginia. No registration shall be revoked or refused until the
registrant has been given an opportunity for a hearing by the commissioner. Any
appeal of cancellation at the federal level shall not affect cancellation
proceedings with this Commonwealth.
2VAC20-20-190. 2VAC5-670-190. Restricted pesticides.
Unless otherwise specified,
federally permitted uses of pesticides will be permitted in Virginia.
2VAC20-20-200. 2VAC5-670-200. Additional requirements for
highly hazardous pesticides.
When the commissioner has
evidence that the use of any highly hazardous pesticide will significantly
affect the quality of the environment or the health and safety of individual
users, nontarget species, or a geographic area, he
shall, with the approval of the board, control the distribution, sale and use
of the substance by employing one or more of the following regulatory
procedures:
1. Registration of sellers and
users;
2. Records and reports on
quantities sold and used;
3. Sales and use permits;
4. Certification of compliance
to approved label precautions; and
5. Approved supervision of use.
2VAC20-20-210. 2VAC5-670-210. Service container labeling.
Containers other than the
original registrant's or manufacturer's containers used for the temporary
storage or transportation of pesticide concentrates or end-use dilutions, shall
bear abbreviated labeling as elaborated below:
PESTICIDE CONCENTRATE
A. If the pesticide to be
temporarily stored or transported is a concentrate to be further diluted, the
container shall bear a securely attached label with the following information:
1. Product name (brand names
from product label);
2. EPA registration number
(from product label);
3. Name and percentage of
active ingredient(s) from the product label; and
4. Appropriate signal word;
i.e., Poison, Danger, Warning, Caution (from product label).
B. The above labeling is
required for concentrate service containers, regardless of container type,
size, or capacity.
PESTICIDE END-USE DILUTIONS OR
END-USE CONCENTRATES
A. If the pesticide to be
temporarily stored or transported is to be applied without further dilution,
the container shall bear a securely attached label with the following
information:
1. Product name (brand name
from product label) preceded by the word "Diluted" or "End-Use
Concentrate";
2. EPA registration number from
concentrate product label;
3. Name of active ingredient(s)
and percentage(s) of end-use dilution; and
4. Appropriate signal word: i.e.,
Poison, Danger, Warning, Caution (from product label).
B. Abbreviated labeling is not
required for the following:
1. End-use dilution containers
not exceeding three gallons liquid or three pounds dry capacity, when such
containers are used as application devices; i.e., hand-held sprayers, dusters,
puffers, etc.
2. Containers used by farm
supply dealers for the temporary storage or transportation of pesticide
concentrate or end-use dilutions, provided that sales invoices or delivery
tickets adequately identifying the pesticide(s) accompany each shipment or
delivery.
3. On farm concentrate or
end-use dilution containers or application equipment used for the temporary
storage or transportation of such pesticides for agricultural use.
4. Aircraft-mounted containers
used for temporary storage or transportation of concentrate or end-use dilution
pesticides, provided that aircraft logs or other documents adequately
identifying the pesticide(s) accompany the aircraft.
2VAC20-20-220. 2VAC5-670-220. Mixtures.
A. General sale. Regardless of
type container mixtures of pesticides with fertilizers or with other
pesticides, when offered for general sale to the public shall be registered
prior to sale, distribution, or use. In addition, any pesticide/fertilizer
mixture shall be registered or labeled as required by the Virginia Fertilizer
Law. All bulk containers shall bear the registered pesticide product label and
a copy of the label shall accompany each shipment or delivery.
B. Custom mixtures. Pesticides
may be mixed with fertilizers or with other pesticides without label
registration when the pesticide product is duly registered, and when such
mixtures are not prohibited by the registered pesticide label.
C. When these mixtures are
intended for the production of agricultural commodities, the person making the
mixtures shall provide the following written or printed information to the
applicator or customer:
1. Brand name(s) and EPA
registration no.(s) of pesticide product(s);
2. Percentage(s) by weight of
active ingredient(s);
3. Directions for application,
use, harvest limitations and cropping restrictions; and
4. Precautionary and warning
statements sufficient to ensure proper, safe use, and disposal of the mixture.
D. The registered pesticide
product label(s) will suffice. All such labeling shall be subject to approval
by the commissioner.
NOTICE: The following forms
used in administering the regulation were filed by the agency. The forms are
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name to access a form. The forms are
also available from the agency contact or may be viewed at the Office of the
Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
Virginia 23219.
FORMS (2VAC20-20) (2VAC5-670)
Application for Pesticide
Product Registration Form, VDACS-07208 (rev. 09/06)
Application
for New Pesticide Product Registration Form, VDACS 07208 (rev. 7/12).
VA.R. Doc. No. R13-3274; Filed August 20, 2012, 1:21 p.m.
REGISTRAR'S NOTICE:
Enactments 31 through 33 of Chapters 803 and 835 of the 2012 Acts of Assembly
abolished the Pesticide Control Board effective July 1, 2012, and transferred
regulations of the board to the Board of Agriculture and Consumer Services. The
following action transfers the Pesticide Control Board regulation numbered
2VAC20-30 to the Board of Agriculture and Consumer Services and renumbers the
regulation as 2VAC5-675.
This regulatory action is excluded from the Administrative Process Act
in accordance with § 2.2- 4006 A 4 a of the Code of Virginia, which
excludes regulations that are necessary to conform to changes in Virginia
statutory law where no agency discretion is involved. The Board of Agriculture
and Consumer Services will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration or revision.
Title
of Regulation: 2VAC5-675.
Regulations Governing Pesticide Fees Charged by the Department of Agriculture
and Consumer Services (adding
2VAC5-675-10 through 2VAC5-675-50).
Statutory Authority: § 3.2-3906 of the Code Virginia.
Effective Date: October 10, 2012.
Agency Contact: Erin Williams, Policy and Planning Coordinator,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-6559 ext: 1308, FAX (804)
786-7479, TTY (800) 828-1120, or email erin.williams@vdacs.virginia.gov.
Summary:
Chapters 803 and 835 of the
2012 Acts of Assembly abolished the Pesticide Control Board and transferred its
duties and responsibilities to the Board of Agriculture and Consumer Services.
This legislation was the result of a recommendation of Governor McDonnell's
Commission on Government Reform and Restructuring. This regulatory action
amends the Pesticide Control Board regulations by renumbering the regulations
and placing them under the Virginia Department of Agriculture and Consumer
Services in the Virginia Administrative Code.
CHAPTER
30 675
REGULATIONS GOVERNING PESTICIDE FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
Part I
Definitions
2VAC20-30-10. 2VAC5-675-10. Definitions.
The following words and terms
when used in this chapter shall have the following meanings unless the context
clearly indicates otherwise. All terms defined in Chapter 39 (§ 3.2-3900
et seq.) of Title 3.2 of the Code of Virginia are hereby incorporated by
reference in this chapter.
"Board" means the Pesticide
Control Board of Agriculture and Consumer Services.
"Brand" means any
word, name, symbol, device, or any combination thereof, which serves to
distinguish a pesticide product manufactured, distributed, sold, or offered for
sale by one person from that manufactured, distributed, sold, or offered for
sale by any other person.
"COB" means
close-of-business.
"Commissioner" means
the Commissioner of Agriculture and Consumer Services.
"Department" means
the Department of Agriculture and Consumer Services.
"Grade" means
formulation of a pesticide, except that the addition of pigments solely for
color shall not constitute a change in the formulation such as to constitute a
new grade requiring registration.
"Limited quantities"
means purchases, at cost, for resale, of less than $50,000 annually per outlet
of products containing nonrestricted use pesticide
active ingredients.
"Registered
technician" means an individual who renders services similar to those of a
certified commercial applicator, but who has not completed all the training or
time in service requirements to be eligible for examination for certification
as a commercial applicator, and is limited to application of general use
pesticides. However, if he applies restricted use pesticides he shall do so
only under the direct supervision of a certified commercial applicator.
Part II
Fees
2VAC20-30-20. 2VAC5-675-20. Pesticide product registration
fee; registration of new pesticide products; renewal of pesticide product
registration.
A. Every pesticide product
which is to be manufactured, distributed, sold, offered for sale, used or
offered for use within the Commonwealth shall be registered with the
commissioner. The fee for registering each brand shall be $160. If a brand has
more than one grade, each grade shall be registered, not the brand at the
registration fee then in effect. The registration for a new pesticide product
shall be effective upon receipt by the Department of Agriculture and Consumer
Services of the application form accompanied by the required registration fee.
B. All pesticide product
registrations shall expire on December 31 of each year unless canceled or
otherwise terminated for cause. A registration not canceled or otherwise
terminated for cause will be renewed upon receipt of the annual registration
fee as set forth in subsection A of this section accompanied by the application
renewal form. A registration that has been canceled or otherwise terminated for
cause prior to December 31 may be resubmitted as a new registration when the
conditions resulting in the cancellation or termination have been resolved. The
registration of each brand or grade shall be renewed with the commissioner
prior to December 31 of each year. If the registration is not renewed prior to
December 31 of each year, the commissioner shall assess a late fee of 20% that
shall be added to the registration fee. The late fee shall apply to all renewal
registrations submitted to the department any time during the 12-month period
following the expiration of the registration. Registrants who permit a
registration to lapse for more than one year shall thereafter register the
product as a new product. The applicant shall pay the total fee prior to the
issuance of the registration by the commissioner.
2VAC20-30-30. 2VAC5-675-30. Commercial applicator
certificate fee.
Any person applying for a
certificate as a commercial applicator shall pay to the department an initial
nonrefundable certificate fee of $70 and a biennial nonrefundable renewal fee
of $70 thereafter. All certificates shall expire at midnight on June 30 in the
second year after issuance unless suspended or revoked for cause. All
certificates not suspended or revoked for cause will be renewed upon receipt of
the biennial renewal fee. If the applicator does not file an application for
renewal of his certificate prior to COB June 30, the commissioner shall assess
a late filing fee of 20% that shall be added to the renewal fee. The applicant
shall pay the total fee prior to the commissioner's issuance of the renewal.
However, if the certificate is not renewed within 60 days following the
expiration of the certificate, then such certificate holder shall be required
to take another examination. The fee for this reexamination or for any
commercial applicator reexamination pursuant to subsection C of § 3.2-3930
of the Code of Virginia shall be $70 and shall be nonrefundable. Any person
applying to add a category or subcategory to his certificate shall pay to the
department a nonrefundable fee of $35. Federal, state, and local government
employees certified to use, or supervise the use of, pesticides in government
programs shall be exempt from any certification fees.
2VAC20-30-40. 2VAC5-675-40. Registered technician
certificate fee.
Any person applying for a
certificate as a registered technician shall pay to the department an initial
nonrefundable certificate fee of $30 and a biennial nonrefundable renewal fee
of $30 thereafter. All certificates shall expire at midnight on June 30 in the
second year after issuance unless suspended or revoked for cause. A certificate
not suspended or revoked for cause will be renewed upon receipt of the biennial
renewal fee. If the application for renewal of any certificate is not filed
prior to COB June 30, a late filing fee of 20% shall be assessed and added to
the renewal fee and shall be paid by the applicant before the renewal shall be
issued. If the certificate is not renewed within 60 days following the
expiration of the certificate, then such certificate holder shall be required
to take another examination. The fee for this reexamination pursuant to
subsection C of § 3.2-3930 of the Code of Virginia shall be $30 and shall
be nonrefundable. Federal, state and local government employees certified to
use pesticides in government programs shall be exempt from any certification
fees.
2VAC20-30-50. 2VAC5-675-50. Business license fee.
Any pesticide business that
distributes, stores, sells, recommends for use, mixes, or applies pesticides
shall pay a nonrefundable annual pesticide business licensing fee of $50 for
each location or outlet that he or it operates. All business licenses will
expire at midnight on March 3l of each year unless suspended or revoked for
cause. If a business license is not suspended or revoked for cause, it will be
renewed upon payment of the annual fee. If any person operating as a pesticide
business fails to apply for renewal of a pesticide business license by COB
March 31 the applicant, as a condition of renewal, shall pay a late license fee
of 20% of the licensing fee in addition to that fee. Merchants of limited
quantities of nonrestricted use pesticides including
grocery stores, convenience stores, drug stores, veterinarians and other
businesses who sell pesticides primarily for limited household use shall be
exempt from the business license requirement.
NOTICE: The following forms
used in administering the regulation were filed by the agency. The forms are
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name to access a form. The forms are
also available from the agency contact or may be viewed at the Office of the
Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
Virginia 23219.
FORMS (2VAC20-30) (2VAC5-675)
Application for Virginia
Pesticide Business License to sell, distribute, store, apply, or recommend
pesticides for use, VDACS—07209 (eff. 2/02).
Commercial Pesticide
Applicator Certification Application/Eligibility Requirements for Commercial Applicator
Certification, VDACS—07211 (eff. 11/01).
Commercial Pesticide
Applicator Request for Authorization to Take Pesticide Applicator
Examination/Commercial Pesticide Applicator Categories, VDACS—07218 (eff.
11/01).
Application for New
Pesticide Product Registration/Additional Information and Instructions,
VDACS—07208, (rev. 10/03 .
Application for Reciprocal
Pesticide Applicator Certificate/Commercial Pesticide Applicator Categories,
VDACS—07210 (eff. 07/00).
Pesticide Registered
Technician Application/General Training Requirements for Registered
Technicians, VDACS—07212 (eff. 11/01).
VA.R. Doc. No. R13-3273; Filed August 20, 2012, 3:13 p.m.
REGISTRAR'S NOTICE:
Enactments 31 through 33 of Chapters 803 and 835 of the 2012 Acts of Assembly
abolished the Pesticide Control Board effective July 1, 2012, and transferred
regulations of the board to the Board of Agriculture and Consumer Services. The
following action transfers the Pesticide Control Board regulation numbered
2VAC20-40 to the Board of Agriculture and Consumer Services and renumbers the
regulation as 2VAC5-680.
This regulatory action is excluded from the Administrative Process Act
in accordance with § 2.2- 4006 A 4 a of the Code of Virginia, which
excludes regulations that are necessary to conform to changes in Virginia
statutory law where no agency discretion is involved. The Board of Agriculture
and Consumer Services will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration or revision.
Title of Regulation: 2VAC5-680. Regulations Governing Licensing of
Pesticide Businesses Operating Under Authority of the Virginia Pesticide
Control Act (adding
2VAC5-680-10 through 2VAC5-680-110).
Statutory Authority: § 3.2-3906 of the Code of Virginia.
Effective Date: October 10, 2012.
Agency Contact: Erin Williams, Policy and Planning Coordinator,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-6559 ext: 1308, FAX (804)
371-7479, TTY (800) 828-1120, or email erin.williams@vdacs.virginia.gov.
Summary:
Chapters 803 and 835 of the
2012 Acts of Assembly abolished the Pesticide Control Board and transferred its
duties and responsibilities to the Board of Agriculture and Consumer Services.
The legislation was a result of a recommendation of Governor McDonnell's
Commission on Government Reform and Restructuring. This regulatory action
amends the Pesticide Control Board regulations by renumbering the regulations
and placing them under the Virginia Department of Agriculture and Consumer
Services in the Virginia Administrative Code.
CHAPTER 40 680
REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER
AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT
Part I
Definitions
2VAC20-40-10. 2VAC5-680-10. Definition of terms.
The following words and terms
when used in this chapter shall have the following meanings unless the context
clearly indicates otherwise. An asterisk following a definition denotes that
the definition has been taken from § 3.2-100 or Article 1 (§ 3.2-3900
et seq.) of Chapter 39 of Title 3.2 of the Code of Virginia.
"Board" means the Pesticide
Control Board of Agriculture and Consumer Services.*
"Bulk pesticide"
means any registered pesticide concentrate which is transported or held in an
individual container in undivided quantities of greater than 55 U.S. gallons
liquid measure or greater than 100 pounds net dry weight.
"Certification" or
"certified" means the recognition granted by the Pesticide Control
Board of Agriculture and Consumer Services to an applicator upon
satisfactory completion of board approved requirements.*
"Commercial
applicator" means any person who has completed the requirements for
certification as determined by the board to use or supervise the use of any
pesticide for any purpose or on any property other than as provided in the
definition of private applicator.*
"Commissioner" means
the Commissioner of Agriculture and Consumer Services.*
"Department" means
the Department of Agriculture and Consumer Services.*
"EPA" means the
United States Environmental Protection Agency.
"FIFRA" means the
Federal Insecticide, Fungicide, and Rodenticide Act as amended, and herein
incorporated by reference.
"Licensed" or
"licensee" means those businesses which, upon meeting the
requirements established by the Pesticide Control Board of
Agriculture and Consumer Services, are issued a license to engage in the
sale, storage, distribution, recommend the use, or application of pesticides in
Virginia in exchange for compensation.*
"Limited quantities"
means purchases, at cost, for resale, of less than $50,000 annually per outlet
of products containing nonrestricted use pesticide
active ingredients.
"Pest management
consultant" means any person, who may or may not apply pesticides himself,
who has obtained a business license in accordance with the requirements listed
below, and who is authorized by this chapter to provide technical advice,
supervision or aid, or recommendations for pesticide application commercially
in Virginia.
"Pesticide" means (i) any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any insects, rodents, fungi,
bacteria, weeds, or other forms of plant or animal life or viruses or bacteria,
except viruses on or in living man or other animals, which the commissioner
shall declare to be a pest, (ii) any substance or mixture of substances
intended for use as a plant regulator, defoliant, or desiccant, and (iii) any
substance which is intended to become an active ingredient in any substance
defined in clauses (i) and (ii) of this definition.*
"Pesticide business"
means any person engaged in the business of distributing, applying, or
recommending the use of a product; or storing, selling, or offering for sale
pesticides for distribution directly to the user. The term "pesticide
business" does not include (i) wood treaters not for hire; (ii) seed treaters
not for hire; (iii) operations that produce agricultural products unless the
owners or operators of such operations described in clauses (i), (ii), and (iii) of this definition are engaged in the
business of selling or offering for sale pesticides, or distributing pesticides
to persons outside of that agricultural producing operation in connection with
commercial transactions; or (iv) businesses exempted by regulations adopted by
the board.*
"Pesticide business
location" means any fixed location of a pesticide business with either a
telephone that is used to transact business or give advice, or where products,
supplies or business mail is delivered. Residences of service technicians who
are employed by a licensed pesticide business are exempt, if no business
solicitation is conducted from that location.
"Private applicator"
means an applicator who uses or supervises the use of any pesticide which is
classified for restricted use for purposes of producing any agricultural
commodity on property owned or rented by him or his employer or, if applied
without compensation other than trading of personal services between producers
of agricultural commodities, on the property of another person.*
"Restricted use
pesticide" or "pesticide classified for restricted use" means
any pesticide classified as restricted by the Administrator of the United
States Environmental Protection Agency.*
"Virginia Pesticide
Control Act" or "Act" means Chapter 39 (§ 3.2-3900 et seq.)
of Title 3.2 of the Code of Virginia.
Part II
Procedures for Obtaining a Business License
2VAC20-40-20. 2VAC5-680-20. General requirements for all
pesticide businesses; exemptions.
A. Any person or business
operating in Virginia, which, in exchange for compensation, sells, stores,
distributes, mixes, applies or recommends for use pesticides, shall obtain a
valid pesticide business license pursuant to this chapter. Each pesticide
business location shall be licensed.
B. Exempted from the
provisions of this chapter are the following:
1. Merchants of limited
quantities of nonrestricted use pesticides who sell
pesticides primarily intended for limited household use;
2. Federal, state and local
governmental agencies;
3. Certified applicators not
for hire; including those who use or supervise the use of pesticides as part of
their job duties only on property owned or leased by themselves or their
employer; and
4. Providers of janitorial,
cleaning or sanitizing services if the providers use no pesticides other than
sanitizers, disinfectants and germicides.
C. Application for a pesticide
business license is made by submitting to the department (i)
a completed application form and (ii) a check or money order in the amount of
the annual business license fee established by the board.
D. Each applicant for a
pesticide business license, or an employee designated by the applicant, shall
demonstrate to the commissioner his knowledge of (i)
pesticide laws and regulations; (ii) potential hazards of pesticides to man and
the environment; and (iii) safe distribution, use, and disposal of pesticides
by passing a written examination prior to his being issued a business license.
If the applicant is already certified as a commercial applicator, he shall be
exempt from the initial examination requirement.
E. All licensed pesticide
businesses shall maintain written records pertaining to their operations, as
required in this chapter.
F. All licensed pesticide
business locations or outlets which sell restricted use pesticides, or
distribute restricted use pesticides for purposes of selling, shall have a
certified commercial applicator present who shall bear immediate responsibility
for the correct and safe operation of the location or outlet. Each business
shall notify the department of the name of the commercial applicator assigned
to each location or outlet, and shall also notify the department within three
business days of any change in the applicator assignments during the license
period.
G. All licensed pesticide
businesses that store, repack and distribute bulk pesticides shall meet the
requirements established by the board for the storage, repackaging and
distribution of bulk pesticides.
H. All pesticide business
licenses shall expire at midnight on March 3l of each year. Licensees shall
renew their licenses annually by application to the department and payment of
the annual fee on or before close of business March 31. The department shall
charge a 20% penalty in addition to the regular fee for renewal applications
filed after March 31.
2VAC20-40-30. 2VAC5-680-30. Business licensing requirements
for commercial applicators.
Any person mixing or applying
any pesticide commercially in Virginia shall either (i)
obtain a valid pesticide business license pursuant to 2VAC20-40-20 2VAC5-680-20
A, or (ii) be employed by a currently licensed pesticide business. The business
license and fee shall not be considered a substitute for the commercial applicator
certification and fee. Possession of a business license does not authorize the
licensee to apply restricted use pesticides, nor does it allow a reduction of
the fee necessary for an applicator's certification.
2VAC20-40-40. 2VAC5-680-40. Business licensing requirements
for pest management consultants.
A. Any person or business
which recommends any pesticide for use commercially in Virginia shall obtain a
valid pesticide business license issued pursuant to 2VAC20-40-20 2VAC5-680-20
A. This provision shall exclude sales personnel of a licensed pesticide
business, company training, technical and sales representatives certified in
the demonstration pesticide applicator category, and governmental employees
while performing in an official capacity.
B. The specialty categories
for a pest management consultant shall conform to the commercial applicator
categories established pursuant to the Act. The pest management consultant
shall meet the requirements of the specific category or subcategory in which he
is making recommendations for pesticide use prior to being issued a business
license.
Part III
Recordkeeping
2VAC20-40-50. 2VAC5-680-50. General recordkeeping
requirements.
A. Records covered in this
chapter shall, upon written request, be made available for inspection by the
commissioner or his designee during normal business hours. Records not readily
available shall be submitted to the commissioner within 72 hours if so requested
in writing. Records may be submitted electronically in a manner specified by
VDACS, including, but not limited to, electronic mail or by completing any
forms provided online by VDACS.
B. Persons possessing records
covered in this part (2VAC20-40-50 2VAC5-680-50 et seq.) shall
fully comply with the requirements contained in the Federal Insecticide,
Fungicide, and Rodenticide Act (7 USC § 136 F) and regulations pursuant
thereto.
C. Pesticide businesses shall
maintain for a period of two years all records required by this chapter.
2VAC20-40-60. 2VAC5-680-60. Recordkeeping of restricted use
pesticide sales by pesticide businesses.
A. Pesticide businesses that
sell restricted use pesticides shall maintain a record of each restricted use
pesticide sold. Each sales record shall contain the following:
1. Name, address, certified
applicator number or business license number, and certificate or license
expiration date of the person to whom the restricted use pesticide was sold or
delivered;
2. Date of sale;
3. Brand or common product
name;
4. EPA registration number; and
5. Quantity of pesticide sold
or delivered.
B. The restricted use
pesticide sales recordkeeping requirement may be satisfied by invoices, if (i) such invoices are kept separate from the licensee's
other sales records, and (ii) the invoices contain the above information.
2VAC20-40-65. 2VAC5-680-65. Recordkeeping of pesticide
applications by licensed pesticide businesses.
Licensed pesticide businesses
shall maintain a record of each pesticide applied. This shall apply to both
general use and restricted use pesticides. Each record shall contain the:
1. Name, address, and telephone
number of customer and address or location, if different, of site of
application;
2. Name and certification number
(or certification number of the supervising certified applicator) of the person
making the application;
3. Day, month and year of
application;
4. Type of plants, crop,
animals, or sites treated and principal pests to be controlled;
5. Acreage, area, or number of
plants or animals treated;
6. Brand name or common product
name;
7. EPA registration number;
8. Amount of pesticide
concentrate and amount of diluent used, by weight or volume, in mixture
applied; and
9. Type of application
equipment used.
2VAC20-40-70. 2VAC5-680-70. Recordkeeping of pesticide
applications by pesticide businesses.
Pesticide businesses shall
maintain a record of each pesticide applied. This shall apply to both general
use and restricted use pesticides. Each record shall contain the:
1. Name, address, and telephone
number of customer and address or location, if different, of site of
application;
2. Name and certification
number (or certification number of the supervising certified applicator) of the
person making the application;
3. Day, month and year of
application;
4. Type of plants, crop,
animals, or sites treated and principal pests to be controlled;
5. Acreage, area, or number of
plants or animals treated;
6. Brand name or common product
name;
7. EPA registration number;
8. Amount of pesticide
concentrate and amount of diluent used, by weight or volume, in mixture
applied; and
9. Type of application
equipment used.
2VAC20-40-80. 2VAC5-680-80. Evidence of financial
responsibility required of a licensed pesticide business.
A. Prior to being issued a
pesticide business license, a business shall furnish evidence of financial
responsibility, consisting of a liability insurance policy from a person
authorized to do business in Virginia, or a certification thereof, protecting
persons who may suffer legal damages as a result of the use of any pesticide by
the applicant.
B. The liability insurance
policy shall meet the following conditions:
1. The certificate of insurance
shall include the name of the insurance company, policy number, insurance
amount, type of coverage afforded, any exclusions relating to damage arising
from the use of pesticides, and expiration date of the policy. The policy shall
cover liability arising out of the handling, storage, application, use or
misuse, or disposal of any pesticide; it shall also cover liability relating to
completed operations.
2. The policy shall be in an
amount specified in subsection C of this section.
3. The licensee shall forward a
current certificate of insurance to the board at each insurance renewal date.
C. The amount of financial
responsibility as provided for in this section shall be a minimum of $100,000
for property damage, and $100,000 for personal injury or death of one person;
and $300,000 per occurrence. The licensee shall maintain at least the minimum
coverage at all times during the license period, and shall notify the board at
least 10 days prior to any reduction at the request of the licensee or
cancellation of such financial responsibility by the insurer. If the deductible
of an applicant for a business license is greater than $1,000, evidence of
financial responsibility shall be furnished to the board to satisfy the
difference between the applicant's deductible and the $1,000 deductible. This
evidence may consist of a financial statement.
Part V
Revocation, Suspension or Denial of Business Licenses
2VAC20-40-90. 2VAC5-680-90. Revocation of a business
license.
In addition to the violative acts listed under § 3.2-3940 A of the Code
of Virginia, the following are grounds for revocation by the board of a
business license:
1. Failure to (i) submit records to the commissioner upon written request;
or (ii) to permit any person designated by the commissioner to have access to,
and to copy such records of business transactions as may be essential to
carrying out the purposes of the Act.
2. Operation of a pesticide
business location or outlet without a certified commercial applicator assigned
to the location or outlet as required by this chapter.
3. Interference with the
commissioner or his duly authorized agents in carrying out the duties imposed
by the Act.
4. Conduct by a licensee, as
determined during the course of a hearing, which has or might have resulted at
any time in substantial danger to, or in unreasonable adverse effects on, the
public health, safety, or the environment.
5. Failure of a licensee to
notify the department of any change in financial responsibility as specified in
2VAC20-40-80 2VAC5-680-80 C.
6. Multiple violations of the
Act or regulations pursuant thereto within a three-year period.
2VAC20-40-100. 2VAC5-680-100. Summary suspension by
commissioner.
A. The commissioner may
suspend the pesticide business license of any person, without a hearing,
simultaneously with the institution of proceedings for a hearing, if he finds
there is a substantial danger to the public health, safety, or the environment
that warrants this action. Situations that may warrant suspension include, but
are not limited to, the following:
1. Operating a pesticide
business or pesticide business outlet without a certified commercial applicator
on site as required by this chapter, when absence of the applicator presents a
substantial danger to the public health, safety, or the environment, as
determined by the commissioner.
2. Refusal by a pesticide
business, after receipt of a written request, to permit the commissioner or his
agent access to and to copy records of business transactions, when such refusal
presents a substantial danger to the public health, safety, or the environment,
as determined by the commissioner.
B. The commissioner shall
institute proceedings for a hearing pursuant to § 2.2-4020 of the Code of
Virginia simultaneously with any summary suspension. Subject to any provision
of procedure or chapter of the board for the processing of violations not
inconsistent with this chapter:
1. The hearing shall be held
within 60 days after the suspension; and
2. The hearing officer
conducting the hearing shall have the authority to consider and address all
matters relating to the summary suspension, including but not limited to the
withdrawing, sustaining, or modifying thereof.
The commissioner or a
conference officer appointed by the commissioner shall offer the person whose
license has been summarily suspended (hereinafter "the respondent")
an opportunity to appear in an informal conference, authorized by § 2.2-4019
of the Code of Virginia, to be held within three days after the summary
suspension. The informal conference may consider, subject to any provision of
the board for the processing of violations, all matters relating to the summary
suspension, including but not limited to the withdrawal, sustaining, or
modifying thereof. Nothing in this section authorizing consideration of matters
by an informal conference shall be construed to deny a respondent's right to a
hearing.
C. No person may operate a
pesticide business at any time when his license is suspended.
2VAC20-40-110. 2VAC5-680-110. Denial of license by the
commissioner.
A. The commissioner shall deny
a business license to any applicant who does not submit all the information
required on the license application form, or who does not fully comply with all
requirements for licensing set forth in this chapter.
B. The commissioner may, after
notice to a pesticide business applicant and after opportunity for hearing,
deny a pesticide business license to an applicant who has violated the
pesticide law or regulations of any state or competent authority so as to
evidence a disregard for proper and safe pesticide use; or if his license has
been denied, suspended, nullified, withdrawn, revoked, or otherwise terminated
by any state or other competent authority.
C. Any applicant for a
pesticide business license shall not engage in the activity for which he is
requesting a license until the commissioner shall have issued it.
NOTICE: The following forms
used in administering the regulation were filed by the agency. The forms are
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name to access a form. The forms are
also available from the agency contact or may be viewed at the Office of the
Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
Virginia 23219.
FORMS (2VAC20-40) (2VAC5-680)
Application for Virginia
Pesticide Business License, Form VDACS-07209 (rev. 11/05).
Certificate of Insurance,
Form VDACS-07214 (rev. 4/96).
Request to take the
Virginia Pesticide Business License Examination (rev. 8/06).
Application
for Virginia Pesticide Business License, Form VDACS-07209 (rev. 9/06).
Certificate
of Insurance, Form VDACS-07214 (rev. 4/96).
Request
to take the Virginia Pesticide Business License Examination (rev. 1/09).
VA.R. Doc. No. R13-3272; Filed August 20, 2012, 3:51 p.m.
REGISTRAR'S NOTICE:
Enactments 31 through 33 of Chapters 803 and 835 of the 2012 Acts of Assembly
abolished the Pesticide Control Board effective July 1, 2012, and transferred
regulations of the board to the Board of Agriculture and Consumer Services. The
following action transfers the Pesticide Control Board regulation numbered
2VAC20-51 to the Board Agriculture and Consumer Services and renumbers the
regulation as 2VAC5-685.
This regulatory action is excluded from the Administrative Process Act
in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which
excludes regulations that are necessary to conform to changes in Virginia
statutory law where no agency discretion is involved. The Board of Agriculture
and Consumer Services will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration or revision.
Title of Regulation: 2VAC5-685. Regulations Governing Pesticide Applicator
Certification Under Authority of Virginia Pesticide Control Act (adding
2VAC5-685-10 through 2VAC5-685-210).
Statutory Authority: § 3.2-3906 of the Code of Virginia.
Effective Date: October 10, 2012.
Agency Contact: Erin Williams, Policy and Planning Coordinator,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-6559 ext: 1308, FAX (804)
371-7479, TTY (800) 828-1120, or email erin.williams@vdacs.virginia.gov.
Summary:
Chapters 803 and 835 of the
2012 Acts of Assembly abolished the Pesticide Control Board and transferred its
duties and responsibilities to the Board of Agriculture and Consumer Services.
The legislation was a result of a recommendation of Governor McDonnell's
Commission on Government Reform and Restructuring. This regulatory action
amends the Pesticide Control Board regulations by renumbering the regulations
and placing them under the Virginia Department of Agriculture and Consumer
Services in the Virginia Administrative Code.
CHAPTER 51 685
REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF
VIRGINIA PESTICIDE CONTROL ACT
Part I
Definitions
2VAC20-51-10. 2VAC5-685-10. Definitions.
The following words and terms
when used in this chapter shall have the following meanings, unless the context
clearly indicates otherwise. An asterisk or double asterisk following a definition
indicates that the definition has been taken from the Virginia Pesticide
Control Act, Article 1 (§ 3.2-3900 et seq.) or Article 4 (§ 3.2-3935 et
seq.), respectively, of Chapter 39 of Title 3.2 of the Code of Virginia.
"Accident" means an
unexpected, undesirable event, involving the use or presence of a pesticide,
that adversely affects man or the environment.
"Act" means the
Virginia Pesticide Control Act (§ 3.2-3900 et seq. of the Code of
Virginia).
"Agricultural
commodity" means any plant or part thereof, or animal, or animal product,
produced by a person, including farmers, ranchers, vineyardists,
plant propagators, Christmas tree growers, aquaculturists,
floriculturists, orchardists, foresters, nurserymen, wood treaters
not for hire, or other comparable persons, primarily for sale, consumption,
propagation, or other use by man or animals.*
"Board" means the Pesticide
Control Board of Agriculture and Consumer Services.*
"Board-approved
training" means a course which includes, at a minimum, study and review of
all the material contained in an edition used in Virginia of (i) a basic pesticide applicator certification training core
manual and (ii) a certification training manual for each specific category
pertaining to the type of pesticide application to be done.
"Certificate" means
the document issued to a certified applicator or registered technician who has
completed all the requirements of Article 3 (§ 3.2-3929 et seq.) of
Chapter 39 of Title 3.2 of the Code of Virginia.
"Certification" or
"certified" means the recognition granted by the Pesticide Control
Board of Agriculture and Consumer Services to an applicator upon
satisfactory completion of board-approved requirements.*
"Chemigation"
means the application of any pesticide through an irrigation system.
"Commercial
applicator" means any applicator who has completed the requirements as
determined by the board, including appropriate training and time in service, to
apply for a certification, and who uses or supervises the use of any pesticide
for any purpose or on any property, other than as provided in the definition of
private applicator.*
"Commercial applicator
not for hire" means any commercial applicator who uses or supervises the
use of pesticides as part of his job duties only on property owned or leased by
him or his employer. It also applies to governmental employees who use or
supervise the use of pesticides, whether on property owned or leased by them or
their employers or not, in the performance of their official duties.
"Commissioner" means
the Commissioner of Agriculture and Consumer Services.*
"Competent person"
means a person having the demonstrated ability to perform the task to which he
is assigned.
"Department" means
the Department of Agriculture and Consumer Services.*
"Drift" means the
physical movement of pesticide through the air at the time of pesticide
application or soon thereafter from the target site to any nontarget
or off-target site. Pesticide drift will not include movement of pesticides to nontarget or off-target sites caused by erosion, migration,
volatility, or windblown soil particles that occurs after application unless
specifically addressed on the pesticide product label with respect to drift
control requirements.
"EPA" means the
United States Environmental Protection Agency.
"Fumigant" means any
substance which by itself or in combination with any other substance emits or
liberates a gas or gases, fumes or vapors that will destroy vermin, rodents,
insects, and other pests, and are usually lethal, poisonous, noxious, or
dangerous to human life.
"Fungicide" means
any substance or mixture of substances intended for preventing, destroying,
repelling, or mitigating any fungi or plant disease.*
"Herbicide" means
any substance or mixture of substances intended for preventing, destroying,
repelling or mitigating any weed.*
"Incident" means a
definite and separate occurrence or event, involving the use or presence of a
pesticide, that adversely affects man or the environment.
"Insecticide" means
any substance or mixture of substances intended for preventing, destroying,
repelling or mitigating any insects which may be present in any environment
whatsoever.*
"Knowledge" means
the possession and comprehension of pertinent facts, together with the ability
to use them in dealing with specific problems and situations within the
pesticide context.
"Label" means the
written, printed, or graphic matter on, or attached to, the pesticide or
device, or the immediate container thereof, and the outside container or
wrapper of the retail package, if any, of the pesticide or device.*
"Labeling" means all
labels and other written, printed, or graphic matter (i)
upon the pesticide or device or any of its containers or wrappers, (ii)
accompanying the pesticide or device at any time, or (iii) to which reference
is made on the label or in literature accompanying the pesticide or device,
except when accurate, nonmisleading reference is made
to current official publications of the agricultural experiment station, the
Virginia Polytechnic Institute and State University, the Department of
Agriculture and Consumer Services, the State Board of Health, or similar
federal institutions or other official agencies of the Commonwealth or other
states when such states are authorized by law to conduct research in the field
of pesticides.*
"Licensed" or
"licensee" means those businesses which, when meeting the
requirements established by the Pesticide Control Board of
Agriculture and Consumer Services, are issued a license to engage in the
sale, storage, distribution, recommend the use, or application of pesticides in
Virginia in exchange for compensation.*
"Marine antifoulant paint" means any compound, coating, paint
or treatment applied or used for the purpose of controlling freshwater or
marine fouling organisms on vessels.**
"Pesticide" means (i) any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any insects, rodents, fungi,
bacteria, weeds, or other forms of plant or animal life or viruses, except
viruses on or in living man or other animals, which the commissioner shall
declare to be a pest; (ii) any substance or mixture of substances intended for
use as a plant regulator, defoliant, or desiccant; and (iii) any substance
which is intended to become an active ingredient thereof.*
"Pesticide business"
means any person engaged in the business of: distributing, applying or
recommending the use of a product; or storing, selling, or offering for sale
pesticides directly to the user. The term "pesticide business" does
not include (i) wood treaters
not for hire; (ii) seed treaters not for hire; (iii)
operations which produce agricultural products unless the owners or operators
of such operations described in clauses (i), (ii),
and (iii) are engaged in the business of selling or offering for sale
pesticides, or distributing pesticides to persons outside of that agricultural
producing operation in connection with commercial transactions; or (iv)
businesses exempted by regulations adopted by the board.*
"Private applicator"
means an applicator who uses or supervises the use of any pesticide which is
classified for restricted use for purposes of producing any agricultural
commodity on property owned or rented by him or his employer or, if applied
without compensation other than trading of personal services between producers
of agricultural commodities, on the property of another person.*
"Registered
technician" means an individual who renders services similar to those of a
certified commercial applicator, but who has not completed all the training or
time in service requirements to be eligible for examination for certification
as a commercial applicator and is limited to application of general use
pesticides. However, if he applies restricted use pesticides he shall do so
only under the direct supervision of a certified commercial applicator.*
"Registered technician
not for hire" means any registered technician who uses or supervises the
use of pesticides as part of his job duties only on property owned or leased by
him or his employer. It also applies to governmental employees who use or
supervise the use of pesticides, whether on property owned or leased by them or
their employers or not, in the performance of their official duties.
"Repeat violation"
means another violation following the first violation of the same provision of
the Virginia Pesticide Control Act or the federal Insecticide, Fungicide, and
Rodenticide Act (7 USC § 136 et seq.), or regulations adopted pursuant
thereto, committed within a three-year period commencing with the date of
official notification of the first violation of the provision.
"Restricted entry
interval" means the time after the end of a pesticide application during
which entry into the treated area is restricted.
"Restricted use
pesticide" or "pesticide classified for restricted use" means
any pesticide classified for restricted use by the administrator of the EPA
under the provisions of 1947 (7 USC § 3(d)(1)(c)) of the federal
Insecticide, Fungicide, and Rodenticide Act (as amended).
"Rodenticide" means
any substance or mixture of substances intended for preventing, destroying,
repelling, or mitigating rodents or any other vertebrate animal which the
commissioner shall declare to be a pest.*
"Tributyltin
compounds" means any compound having three normal butyl groups attached to
a tin atom and with or without an anion such as chloride, fluoride, or oxide.**
"Under the direct
supervision of" means the act or process whereby the application of a
pesticide is made by a competent person acting under the instructions and
control of a certified applicator who is responsible for the actions of that
person.*
"Under the direct on-site
supervision of" means the act or process whereby the application of a
pesticide is made by a competent person acting under the instructions and
control of a certified applicator who is responsible for the actions of that
person and is physically present on the property upon which the pesticide is
being applied, and is in constant visual contact with the person applying the
pesticide.
"Use" means the
employment of a pesticide for the purposes of (i)
preventing, destroying, repelling, or mitigating any pest or (ii) regulating
plant growth, causing defoliation or desiccation of plants. The term
"use" shall include application or mixing, and shall include handling
or transfer of a pesticide after the manufacturer's original seal is broken.
The term "use" shall also include any act with respect to a
particular pesticide which is consistent with the label directions for that particular
pesticide.*
"Vessel" means every
description of watercraft, other than a seaplane, used or capable of being used
as a means of transportation on the water, whether self-propelled or otherwise,
and includes barges and tugs.**
2VAC20-51-20. 2VAC5-685-20. General requirements for
certification.
A. The following persons must
be certified as pesticide applicators:
1. Commercial applicators;
2. Registered technicians; and
3. Private applicators.
B. Commercial applicators not
for hire must be certified only when using any pesticide in the following areas
except as noted in subsection C of this section:
1. Areas open to the general
public at daycare facilities, educational institutions, health care facilities,
and convalescent facilities;
2. Areas where open food is
stored, processed, or sold; and
3. Recreational lands over five
acres in size.
C. Employees of local, state,
and federal governmental agencies who use or supervise the use of any pesticide
on any area in the performance of their official duties must be certified as
either commercial applicators not for hire or registered technicians, but they
are exempt from any certification fees.
D. All persons desiring
certification as pesticide applicators must:
1. Complete board-approved
training appropriate for the desired classification;
2. Submit a completed
application to the commissioner; and
3. Pass required
examination(s).
a. Applicants who do not pass
the examination on their first attempt are eligible to be reexamined for the
same category 10 days from the date of the first examination.
b. Applicants who fail on the
second or subsequent attempts must wait 30 days from the date of the last
examination before being reexamined in the same category.
c. Applicants requesting
reexamination must resubmit a completed application to the commissioner or his
duly authorized agent and pay the nonrefundable applicator certification fee as
determined by 2VAC20-30 2VAC5-675, Rules and Regulations
Governing the Pesticide Fees Charged by the Department of Agriculture and
Consumer Services Under the Virginia Pesticide Control Act.
E. Persons with a history of
repeat violations of federal or state pesticide laws or whose certification or
pesticide business license has been revoked within the two-year period
immediately prior to application are not eligible for certification. Such
persons may appear before the board to show why they should be granted
certification as outlined under provisions of § 3.2-3940 E of the Code of
Virginia.
F. Applicants for
certification cannot engage in the activity for which they are requesting
certification, unless participating in supervised direct on-site training,
until certification has been issued by the commissioner. Commercial applicators
may not apply pesticides in any category or subcategory activity until they
have passed the category-specific examination and obtained the appropriate
certification.
G. A commercial or private
applicator or registered technician may request a duplicate of the
certification card if the applicator's or technician's card has been lost,
stolen, mutilated or destroyed. The department shall issue a duplicate card to
the applicator or technician upon payment of the costs of duplication.
2VAC20-51-30. 2VAC5-685-30. Specific certification
requirements for commercial applicators.
A. In addition to the general
requirements listed in 2VAC20-51-20 2VAC5-685-20, applicants for
commercial applicator certification shall meet the following requirements:
1. Certification as a
registered technician, as well as employment as a registered technician for at
least a year; or
2. One year of education,
training, or experience in a pesticide related field which provides the
equivalent practical knowledge of proper pesticide use required of a registered
technician.
B. The application process for
commercial applicators is as follows:
1. The application must be in
writing to the commissioner; and
2. The application must
contain:
a. Name;
b. Principal business address
in the Commonwealth and elsewhere;
c. Qualifications and proposed
operations; and
d. Classification(s) desired.
Individuals seeking
certification as commercial applicators must pay a fee as determined by 2VAC20-30
2VAC5-675, Rules and Regulations Governing the Pesticide Fees Charged by
the Department of Agriculture and Consumer Services Under the Virginia
Pesticide Control Act.
C. Applicants shall, within 90
days after submitting the application and paying the fee, report to an
authorized testing location and take the required examinations.
D. Aerial pesticide
application applicants must meet the requirements of the Federal Aviation
Agency, the Department of Aviation of the Commonwealth, and any other
applicable federal or state laws or regulations to operate aerial equipment.
2VAC20-51-40. 2VAC5-685-40. Specific certification
requirements for private applicators.
A. Each applicant for a
private applicator's certificate shall apply to the commissioner and then
report to an authorized testing location within 90 days and take an examination
for each certification category, specified in 2VAC20-51-80 2VAC5-685-80,
applicable to his operation. The application shall contain the applicant's
name, address and classification desired for certification.
B. Persons who cannot read or
understand labels shall not be certified as private applicators unless they
demonstrate competence to apply restricted use pesticides on their own
properties. After consulting the appropriate Virginia Cooperative Extension
agent, a department pesticide investigator may recommend that the board grant a
waiver of the literacy requirement. Persons certified under this waiver shall
obtain certification in the categories of limited certificate or single product
certification as described in 2VAC20-51-80 2VAC5-685-80.
2VAC20-51-50. 2VAC5-685-50. Certification procedures for
registered technicians.
A. In addition to the general
requirements listed in 2VAC20-51-20 2VAC5-685-20, individuals
seeking certification as registered technicians must:
1. Receive on-the-job training
in the proper application of pesticides under the direct on-site supervision of
a certified commercial applicator for at least 20 hours during the six-month
period prior to applying for certification;
2. Complete at least 20 hours
of board-approved training;
3. Submit an application form
with the fee established by regulations of the Pesticide Control Board of
Agriculture and Consumer Services; and
4. Take the examination within
90 days after an individual is hired or transferred into a position where
duties and functions involve the commercial use of pesticides. Individuals not
passing the examination on the first attempt must reapply, following the
procedures outlined in 2VAC20-51-20 2VAC5-685-20 D 3, and retake
the examination within 30 days after the first attempt. Individuals failing to
take and pass the exam within 30 days of the initial exam may not apply
pesticides commercially, even under direct on-site supervision, until they pass
the examination.
B. Before registered
technicians begin working in any application category or subcategory that is different
from the category in which they received their original training, they shall
receive additional training from a commercial applicator in the following
aspects of pesticide application as it relates to the proposed category or
subcategory of work:
1. Pesticides to be used,
including reading and understanding the label;
2. Application equipment and
techniques;
3. Pests to be controlled;
4. Personal protective
equipment and clothing; and
5. Environmental concerns,
including storage and disposal of pesticides applied.
The commercial applicator
providing training to a registered technician shall be certified in the
category or subcategory for which he is providing the training and shall
provide proof to the department of such training on forms provided by the
department. Such forms must be received by the department within 10 calendar
days of the completion of such training.
2VAC20-51-60. 2VAC5-685-60. Persons exempt from
certification.
The following persons are
exempt from certification:
1. Persons conducting
laboratory research involving restricted use pesticides;
2. Doctors of medicine or
doctors of veterinary medicine applying pesticides as drugs or medication
during the course of their practice, or to control pests in corpses;
3. Persons who use or supervise
the use of nonrestricted use pesticides as part of
their duties only on properties owned or leased by their employers, except
those persons identified in 2VAC20-51-20 2VAC5-685-20 B;
4. Persons who provide
janitorial or cleaning services using nonrestricted
use sanitizers, disinfectants, and germicides;
5. Painters who apply
restricted use marine antifoulant paint under the
direct supervision of a commercial applicator. One commercial applicator shall
be present for every eight painters;
6. Forestry applicators
standing on the ground who apply general use herbicides for forest vegetation
control and tree thinning under the direct on-site supervision of a commercial
applicator. One commercial applicator shall be present for every eight forestry
applicators and be within voice contact of and no more than 200 feet from such
applicators;
7. Individuals engaged in the
training required for certification while under the direct on-site supervision
of a certified applicator;
8. Employees of local, state,
or federal governmental agencies who from time to time make incidental use of
ready-to-use pesticides that are properly registered in Virginia. For purposes
of this section, "incidental use" means the use of a pesticide on an
occasional, isolated, site-specific basis in order to avoid immediate personal
harm from stinging or biting insects. This exemption does not include regular,
routine, or maintenance applications of pesticides or any use of restricted-use
pesticides;
9. Individuals who apply
pesticides for the survey for gypsy moth under the authority of the department;
and
10. Individuals who apply
pesticides for the survey for cotton boll weevil under the authority of the
department.
Part III
Categories of Pesticide Applicator Certification
2VAC20-51-70. 2VAC5-685-70. Categories for commercial
applicator certification.
A. Commercial applicators must
be certified in one or more of the following commercial applicator categories
or subcategories:
1. Agricultural pest control.
a. Agricultural plant pest
control. This subcategory is for commercial applicators who will be using or
supervising the use of pesticides in production of agricultural crops, or on
grasslands, or noncrop agricultural lands.
b. Agricultural animal pest
control. This subcategory is for commercial applicators who will be using or
supervising the use of pesticides on agriculturally related animals.
c. Fumigation of soil and
agricultural products. This subcategory is for commercial applicators who will
be using or supervising the use of pesticides for soil fumigation in production
of an agricultural commodity and the application of pesticides for fumigation
of agricultural products. Certification in this subcategory requires concurrent
certification in the agricultural plant pest control category.
d. Chemigation.
This subcategory is for commercial applicators who will be using or supervising
the use of pesticides through an irrigation system. Certification in this
subcategory requires concurrent certification in the agricultural plant pest
control category.
2. Forest pest control. This
category is for commercial applicators who will be using or supervising the use
of pesticides in forests, forest nurseries, and seed orchards.
3. Ornamental and turf pest
control.
a. Ornamental pest control.
This subcategory is for commercial applicators who will be using or supervising
the use of pesticides in the maintenance and production of ornamental trees,
shrubs, and flowers in and out-of-doors.
b. Turf pest control. This
subcategory is for commercial applicators who will be using or supervising the
use of pesticides in the production and maintenance of turf, including, but not
limited to, turf in golf courses, residential lawns, parks, and cemeteries.
4. Seed treatment (excluding
fumigation). This category is for commercial applicators who will be using or
supervising the use of pesticides on seeds.
5. Aquatic pest control.
a. Aquatic pest control -
general. This subcategory is for commercial applicators who will be using or
supervising the use of pesticides in or on standing or running water, for the
express purpose of controlling pests. This excludes applicators engaged in
public health related activities included in subdivision 8 of this subsection,
public health pest control.
b. Marine antifoulant
paints. This subcategory is for commercial applicators who will be using or
supervising the use of marine antifoulant paints
containing tributyltin or other restricted use
pesticides.
6. Right-of-way pest control.
This category is for commercial applicators who will be using or supervising
the use of pesticides in the maintenance of public rights-of-way and in the
maintenance of fence lines, structural perimeters or other similar areas.
7. Industrial, institutional,
structural, and health-related pest control.
a. General pest control
(excluding fumigation). This subcategory is for commercial applicators who will
be using or supervising the use of pesticides to control household type pests, pests
that inhabit or infest structures, stored products, and residential food
preparation areas, and pests capable of infesting or contaminating foods and
foodstuffs at any stage of processing facilities.
b. Wood-destroying pest control
(excluding fumigation). This subcategory is for commercial applicators who will
be using or supervising the use of pesticides to control organisms that destroy
structures made of wood.
c. Fumigation. This subcategory
is for commercial applicators who will be using or supervising the use of
fumigant-type pesticides.
d. Vertebrate pest control
(excluding structural invaders). This subcategory is for commercial applicators
who will be using or supervising the use of pesticides to control vertebrate
pest animals.
e. Sewer root pest control.
This subcategory is for commercial applicators who use pesticides for sewer
line root control.
8. Public health pest control.
This category is for commercial applicators who will be using or supervising
the use of pesticides for the management and control of pests having medical
and public health significance.
9. Regulatory pest control.
This category is for federal, state, and local governmental employee
applicators who will be using or supervising the use of pesticides in the
control of regulated pests.
10. Demonstration and research
pest control. This category is for commercial applicators who will be
demonstrating the proper use and techniques of application of pesticides
(including classroom demonstration), or who will be supervising such demonstration.
It also includes applicators who will be conducting pesticide research on
greenhouse or field plots.
11. Aerial pesticide
application. This category is for commercial applicators who will be using or
supervising the use of any pesticide applied by fixed- or rotary-wing aircraft.
12. Wood preservation and wood
product treatment. This category is for commercial applicators who will be
using or supervising the use of pesticides at treating plants and sawmills for
preservative treatment of wood and wood products.
13. Miscellaneous. This
category is to be used to designate categories or subcategories of commercial
applicators using specific pesticides or uses for which the U.S. EPA may
mandate certification in order to allow for the pesticide or use.
B. A commercial applicator
certified in one category and seeking initial certification in one or more
additional categories shall meet the certification requirements of each of the
new categories in which he desires certification.
2VAC20-51-80. 2VAC5-685-80. Categories for private
applicator certification.
Private applicators who apply
or supervise the application of restricted use pesticides shall be certified in
one or more of the following categories:
1. Food, fiber, forestry
products, and commodity production. Includes private applicators who use or
supervise the use of restricted use pesticides: in the production of
agricultural crops, including fumigation and chemigation;
forestry products; on animals; in places where animals are confined; for the control
of vertebrate pests of agricultural crops and livestock animals; in the
production of agricultural commodities; and for the fumigation of agricultural
products.
2. Ornamental production.
Includes private applicators who use or supervise the use of restricted use
pesticides to control pests: in tree nurseries; shrub nurseries; ornamental
plant nurseries; flower nurseries; in greenhouses used for breeding and growing
ornamental plants; in irrigation systems; and in ornamental production using
fumigants.
3. Limited certificate--single
product/single use. Includes private applicator applicants who are seeking
authorization to apply a single restricted use pesticide for a single
identified purpose. This category is intended for limited use under special or
emergency circumstances as identified by the board on a case-by-case basis.
4. Single product
certification. Includes private applicator applicants who are seeking
authorization to apply a single identified restricted use product, or related
restricted use products with the same active ingredient and with a similar
formulation and use. This category is intended for limited use under special or
emergency circumstances as identified by the board.
Part IV
Knowledge Required for Certification of Pesticide Applicators
2VAC20-51-90. 2VAC5-685-90. Determination of general
knowledge and qualifications for private and commercial applicators and
registered technicians.
A. Applicants shall be tested
on their knowledge and qualifications concerning the use and handling of
pesticides. The examination will test the applicants' general knowledge
required for all categories, and the additional knowledge specifically required
for each category or subcategory in which an applicator desires to be
certified.
B. All applicants for
certification as private or commercial applicators or registered technicians
shall demonstrate practical knowledge of the principles and practices of pest
control and the safe use of pesticides, as contained in a basic pesticide
applicator certification training core manual. Testing will be based on
problems and situations in the following areas:
1. Federal and Commonwealth of
Virginia pesticide laws and regulations;
2. Understanding and
interpreting pesticide labels;
3. Handling of accidents and
incidents;
4. Proper methods of storing,
mixing/loading, transporting, handling, applying, and disposing of pesticides;
5. Safety and health, including
proper use of personal protective equipment;
6. Potential adverse effects
caused by the application of pesticides under various climatic or environmental
conditions, such as drift from the target area, pesticide run-off, ground water
and drinking water contamination, and hazard to endangered species; and
7. Recognizing common pests and
general pest biology.
2VAC20-51-100. 2VAC5-685-100. Specific knowledge required for
the categories of commercial applicators.
Applicants for commercial
applicator certification shall possess the skills and knowledge associated with
the chosen category(s) as they pertain to those items listed in 2VAC20-51-90
2VAC5-685-90 B 1 through 6, including recognizing category specific
pests and their biology as contained in the appropriate Virginia category
specific training manual(s).
2VAC20-51-110. 2VAC5-685-110. Specific knowledge required for
the categories of private applicators.
Applicants for private
applicator certification shall possess the skills and knowledge associated with
the chosen category(s) as they pertain to those items listed in 2VAC20-51-90
2VAC5-685-90 B 1 through 6, including recognizing category specific
pests and their biology as contained in a Virginia category specific
certification training manual(s).
2VAC20-51-120. 2VAC5-685-120. Specific knowledge required for
registered technicians.
In addition to the skills and
knowledge required in 2VAC20-51-90 2VAC5-685-90 B 1 through 6,
the applicant shall obtain the required amount of on-the-job training as
discussed in 2VAC20-51-50 2VAC5-685-50.
Part V
Renewal of Certification and Certificates
2VAC20-51-130. 2VAC5-685-130. Renewal of certification.
A. Any certified pesticide
applicator or registered technician who desires to renew his certification
shall do so biennially for the category or subcategory for which he is
certified. All applicators must first attend board-approved recertification
course(s) and submit proof of attendance at such courses, or be reexamined in
basic pesticide safety and the categories desired for recertification. In
addition to the above requirement, commercial applicators and registered technicians
shall also pay the biennial certificate fee and submit an application for
renewal before the commissioner will renew their certification.
B. Certified applicators may
accumulate up to four years of credit by attending board-approved recertification
courses.
C. Upon expiration of
certification, the applicator's certificate shall become invalid. Any pesticide
applicator or registered technician who desires to renew his certification, but
fails to do so within 60 days after its expiration, shall be reexamined.
2VAC20-51-140. 2VAC5-685-140. Reexamination.
Reexamination or special
examination will be required by the board of any commercial applicator or
registered technician under the following circumstances:
1. Certificate has been
suspended or revoked;
2. Significant technological
advances have occurred in the category or subcategory for which the applicator
or registered technician has been certified, requiring additional knowledge;
3. Additional standards
established by the EPA require reexamination;
4. Commercial applicator or
registered technician desires certification in an additional category; or
5. Regulations require
reexamination.
Part VI
Suspension and Revocation of Certificates
2VAC20-51-150. 2VAC5-685-150. Summary suspension by commissioner.
A. The commissioner may
summarily suspend the certificate of any person without a hearing if he finds
there is any substantial danger, or threat of substantial danger, to the public
health, safety, or environment which warrants the summary suspension. The
commissioner shall schedule a hearing for a date not exceeding five working
days after the date of the summary suspension.
B. No person whose certificate
has been suspended may engage in the activity for which he had been certified.
2VAC20-51-160. 2VAC5-685-160. Revocation of certificate by
the board.
A. The board may, after
opportunity for a hearing, deny, suspend, revoke or modify a certificate upon
any violation of any act set out in § 3.2-3940 B of the Code of Virginia.
B. If the board imposes a
civil penalty upon a person and such civil penalty is not paid within 60 days
thereof, the certificate of such person shall automatically be suspended until
payment in full is made. If the person appeals the board's order imposing the
civil penalty, then the person may forward the proposed amount of the civil
penalty to the commissioner's office for placement in an interest-bearing trust
account in the State Treasurer's office. Upon such an amount being held, the
suspension shall not be imposed or shall be lifted, as the case may be. This
provision relates only to a suspension caused by a failure to pay the civil
penalty and does not affect any suspension or revocation of a certificate for
any other reason.
Part VII
Reporting of Pesticide Accidents, Incidents, or Loss
2VAC20-51-170. 2VAC5-685-170. Reporting of pesticide
accidents and incidents.
A. Commercial or private
applicators or registered technicians shall report any pesticide accident or
incident in which they are involved that constitutes a threat to any person, to
public health or safety, or to the environment, as a result of the use or
presence of any pesticide. The accident or incident shall be reported whether
or not a restricted use pesticide is involved.
B. When the accident or
incident involves a discharge or spillage of a pesticide, the applicator shall
contact the department for guidance to determine whether the discharged or
spilled amount is a reportable quantity.
C. The applicator shall make
the initial notification to the department's Office of Pesticide Services by
telephone within a reasonable time, not to exceed 48 hours after the accident
or incident occurrence, should circumstances prevent immediate notification.
The applicator shall prepare and submit a written report of the accident or
incident to the Office of Pesticide Services within 10 working days after the
initial notification. The report shall include the following:
1. Name of individuals involved
in accident or incident;
2. Name of pesticide involved;
3. Quantity of pesticide
spilled, and containment procedures;
4. Time, date, and location of
accident or incident;
5. Mitigating actions taken;
and
6. Name (or description if
unnamed) and location of bodies of water nearby where contamination of such
bodies of water could reasonably be expected to occur due to natural or manmade
actions.
Part VIII
Reciprocal Agreement
2VAC20-51-180. 2VAC5-685-180. Issuance of a certificate on a
reciprocal basis.
A. A person who is certified
by another state or by a federal agency may make written application to the
commissioner, or his duly authorized agent, for issuance of a certificate on a
reciprocal basis without examination, in accordance with § 3.1-249.57
3.2-3934 of the Code of Virginia. Along with his written application, an
applicant shall either (i) present an original
certificate issued by the state of origin or issued by a federal agency or (ii)
request that the state of origin or federal agency send an attested copy of the
applicant's certification directly to the commissioner or his duly authorized
agent.
The applicant shall either
include a document granting power of attorney to a resident of Virginia to
receive process or provide proof that the applicant has appointed a registered
agent under the laws of the Commonwealth. Reciprocal certification shall not be
granted based on reciprocal certification issued in another state.
B. Any certificate issued on a
reciprocal basis may be suspended in the same manner and on the same grounds as
a Virginia certificate pursuant to the provisions of Chapter 14.1 (§
3.1-249.27 et seq.) of Title 3.1 39 (§ 3.2-3900 et seq.) of Title 3.2
of the Code of Virginia. A certificate issued on a reciprocal basis may also be
suspended if the nonresident's original certificate or federal certification is
suspended or revoked.
2VAC20-51-190. 2VAC5-685-190. Reciprocal recertification.
Reciprocal recertification
shall be granted to out-of-state applicators if they: (i)
maintain certification in their home state; (ii) provide proof of current certification
to the commissioner prior to the date of Virginia certification expiration;
(iii) are currently certified in a state that grants reciprocal recertification
to Virginia applicators in like categories; and (iv) have met all other
Virginia requirements for recertification.
Part IX
Recordkeeping
2VAC20-51-200. 2VAC5-685-200. General recordkeeping
requirements for commercial applicators not for hire and registered technicians
not for hire.
A. Commercial applicators not
for hire and registered technicians not for hire, being exempt from the
pesticide business license requirement of the board and the recordkeeping
requirements under this license, are required to maintain pesticide application
records as prescribed in this chapter. These records shall be maintained by the
commercial applicator not for hire and the registered technician not for hire
for a period of two years.
B. Records governed by this
regulation shall be made available for inspection by the commissioner, or his
duly authorized agent, during normal business hours upon written request.
Records not readily available shall be submitted to the commissioner within 72
hours, if so requested in writing.
C. Persons possessing records
governed by this part shall fully comply with the requirements contained in 7
USC § 136f and regulations adopted pursuant thereto.
2VAC20-51-210. 2VAC5-685-210. Specific recordkeeping
requirements for commercial applicators not for hire and registered technicians
not for hire.
Commercial applicators not for
hire and registered technicians not for hire shall maintain a record of each
pesticide applied, containing the following:
1. Name of property owner,
address or location, and, as applicable, phone number of the site of
application;
2. Name and certification number
(or certification number of the supervising certified applicator) of the person
making the application;
3. Day, month, and year of
application;
4. Type of plants, crops,
animals, or sites treated and principal pests to be controlled;
5. Acreage, area, or number of
plants or animals treated;
6. Brand name or common product
name of pesticide used;
7. EPA registration number;
8. Amounts of pesticide
concentrate and amount of diluent used, by weight or volume, in mixture
applied; and
9. Type of application equipment
used.
NOTICE: The following forms
used in administering the regulation were filed by the agency. The forms are
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name to access a form. The forms are
also available from the agency contact or may be viewed at the Office of the
Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
Virginia 23219.
FORMS (2VAC20-51) (2VAC5-685)
Record of Required
Additional Registered Technician Training (eff. 12/08).
Commercial Pesticide
Applicator Certification Application - A, Form VDACS-07211 (eff. 11/01).
Pesticide Registered
Technician Application Form VDACS-07212 (eff. 11/01).
Private Pesticide
Applicator Request for Authorization to Take Pesticide Applicator Examination
at Department of Motor Vehicles Customer Service Center (eff. 12/98).
Application for Reciprocal
Pesticide Applicator Certificate, Form VDACS-07210 (eff. 7/00).
Power of Attorney (not dated).
Commercial Pesticide Applicator
Request for Authorization to Take Pesticide Applicator Examination - B, Form
VDACS-07218 (eff. 11/01).
Commercial
Pesticide Applicator Certification Application - A, Form VDACS-07211 (rev.
07/12).
Commercial
Pesticide Applicator Certification Exam bubble answer sheet, 2003.
Private
Pesticide Applicator Certification Exam bubble answer sheet, 2003.
Virginia Registered Technician
Certification Examination Answer Sheet (eff. 2/98).
Not-For-Hire Virginia
Registered Technician Certification Examination Answer Sheet (eff. 2/98)
Power
of Attorney (not dated).
Proof
of Additional Category Specific Training for Registered Technicians (eff.
3/12).
Application
for Reciprocal Pesticide Applicator Certificate, Form VDACS-07210 (eff. 5/09).
Pesticide
Registered Technician Application Form VDACS-07212 (eff. 1/09).
VA.R. Doc. No. R13-3276; Filed August 20, 2012, 3:52 p.m.
Final Regulation
REGISTRAR'S NOTICE:
Enactments 31 through 33 of Chapters 803 and 835 of the 2012 Acts of Assembly
abolished the Pesticide Control Board and transferred the regulations of the
board to the Department of Agriculture and Consumer Services.
This regulatory action is excluded from the Administrative Process Act
in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which
excludes regulations that are necessary to conform to changes in Virginia statutory
law where no agency discretion is involved. The Department of Agriculture and
Consumer Services will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration or revision.
Title of Regulation: 2VAC20-11. Public Participation Guidelines (repealing
2VAC20-11-10 through 2VAC20-11-110).
Statutory Authority: §§ 2.2-4007.02 and 3.2-3906 of the Code of
Virginia.
Effective Date: October 10, 2012.
Agency Contact: Erin Williams, Policy and Planning Coordinator,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-1308, FAX (804) 371-7479, TTY (800) 828-1120, or
email erin.williams@vdacs.virginia.gov.
Summary:
Chapters 803 and 835 of the
2012 Acts of Assembly abolished the Pesticide Control Board and transferred its
duties to the Board of Agriculture and Consumer Services. This action repeals
20VAC20-11, which contains the board's public participation guidelines.
VA.R. Doc. No. R13-3336; Filed August 20, 2012, 1:19 p.m.
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ALCOHOLIC BEVERAGE CONTROL BOARD
Fast-Track Regulation
Title of Regulation: 3VAC5-70. Other Provisions (adding
3VAC5-70-240).
Statutory Authority: §§ 4.1-103, 4.1-111, and 4.1-227 of the Code of
Virginia.
Public Hearing Information: No public hearings are scheduled.
Public Comment Deadline: October 10, 2012.
Effective Date: November 4, 2012.
Agency Contact: W. Curtis Coleburn III,
Chief Operating Officer, Department of Alcoholic Beverage Control, 2901
Hermitage Road, Richmond, VA 23220, telephone (804) 213-4409, FAX (804)
213-4411, TTY (804) 213-4687, or email curtis.coleburn@abc.virginia.gov.
Basis: Section 4.1-209.1 F of the Code of Virginia provides
that "the Board shall develop regulations pursuant to which fulfillment
warehouses may apply for approval to provide storage, packaging, and shipping
services to holders of licenses issued pursuant to this section. Such
regulations shall include provisions that require (i)
the fulfillment warehouse to demonstrate that it is appropriately licensed for
the services to be provided by the state in which its place of business is
located, (ii) the Board-approved fulfillment warehouse to maintain such records
and to submit to the Board such information as the Board may prescribe, and
(iii) the fulfillment warehouse and each wine or beer shipper licensed under this
section to whom services are provided to enter into a contract designating the
fulfillment warehouse as the agent of the shipper for purposes of complying
with the provisions of this section."
Section 4.1-209.1 G of the Code
of Virginia provides that "the Board shall develop regulations pursuant to
which marketing portals may apply for approval to provide marketing services to
holders of licenses issued pursuant to this section. Such regulations shall
include provisions that require (i) the marketing
portal to demonstrate that it is appropriately organized as an agricultural
cooperative association and licensed for the services to be provided by the
state in which its place of business is located, (ii) the Board-approved
marketing portal to maintain such records and to submit to the Board such
information as the Board may prescribe, and (iii) the marketing portal and each
wine or beer shipper licensed under this section to whom services are provided
to enter into a contract designating the marketing portal as the agent of the
shipper for purposes of complying with the provisions of this section."
Purpose: Since 2003, Virginia has allowed the direct shipment
of limited quantities of wine and beer to consumers in the Commonwealth by
licensed shippers. These shippers have indicated a desire to use third-party
service providers to facilitate such sales and shipments to consumers.
"Marketing portals" are third-party companies that solicit and accept
orders for alcoholic beverages and accept and process payment for such orders.
For example, a marketing portal might be a website that allows consumers to
place orders for wine. The website operator forwards the order and payment to
the winery, which ships the product to the consumer under its shipper's
license. "Fulfillment warehouses" are third-party facilities that
provide logistic services to producers. They warehouse the winery's product and
provide picking, packing, and shipping services at the winery's direction.
Amendments to §§ 4.1-209 and 4.1-209.1 of the Code of Virginia adopted by the
2010 General Assembly make such arrangements legal in Virginia and require this
regulatory action. This regulation, coupled with the existing regulation of
direct shippers, is necessary to protect the health, safety, and welfare of
citizens, to ensure that only licensed shippers are shipping approved products
on which the appropriate taxes have been paid.
Rationale for Using
Fast-Track Process: This rulemaking
is expected to be noncontroversial. It tracks the requirements of the statute,
with minimal recordkeeping requirements. The provisions of the proposed
regulation impose no more burden than the minimum required by the enabling
legislation.
Substance: This action creates a new section providing the
procedure for a marketing portal or fulfillment warehouse to apply for approval
to provide services to a Virginia-licensed wine or beer shipper. An applicant
for approval would be required to establish that it met the minimum statutory
requirements. Approved fulfillment warehouses, which ship wine or beer on
behalf of a licensed shipper, would be required to maintain records of shipping
transactions.
Issues: There are no disadvantages to the public or the
Commonwealth. The primary advantage to the public and to the agency is an
orderly marketplace in which the legally drinking public is able to obtain the
products it desires with reasonable certainty that products are genuine and
that appropriate taxes have been paid.
Department of Planning and
Budget's Economic Impact Analysis:
Summary of the Proposed
Amendments to Regulation. Chapters 317 and 561 of the 2010 Acts of Assembly
create fulfillment warehouse licenses which are licenses that authorize
agricultural cooperative associations operating in the Commonwealth to solicit
and receive orders, and pack or ship wine or beer. In addition, the bill
permits the formation of marketing portals which would allow authorized
agricultural cooperative associations to solicit and receive orders for wine or
beer from individuals located in Virginia through the use of the internet. The
marketing portals would function on behalf of wine or beer shipper licensees.
Pursuant to Chapters 317 and 561
of the 2010 Acts of Assembly the Alcoholic Beverage Control Board (Board)
proposes to add a new section to these regulations, 3VAC5-70-240, providing the
application process for marketing portals or fulfillment warehouses as defined
in § 4.1-209.1 of the Code of Virginia to seek approval to provide
services to holders of wine or beer shippers license. The new section will
require marketing portals to demonstrate that they are appropriately organized
as an agricultural cooperative. It will require both marketing portals and
fulfillment warehouses to demonstrate that they are licensed by the state in
which they are located to provide the intended services. Both will be required
to enter into a written contract with the wine or beer shipper to which
services are to be rendered, designating the marketing portal or fulfillment
warehouse as the agent of the shipper for the purposes of complying with
applicable regulations and statutes. Approved fulfillment warehouses will be
required to maintain certain shipment records.
Result of Analysis. The benefits
likely exceed the costs for all proposed changes.
Estimated Economic Impact. Since
2003, Virginia has allowed the direct shipment of limited quantities of wine
and beer to consumers in the Commonwealth by licensed shippers. These shippers
have indicated a desire to use third-party service providers to facilitate such
sales and shipments to consumers. "Marketing portals" are third-party
companies which solicit and accept orders for alcoholic beverages and accept
and process payment for such orders. For example, a marketing portal might be a
website that allows consumers to place orders for wine. The website operator
forwards the order and payment to the winery, which ships the product to the
consumer under its shipper's license. "Fulfillment warehouses" are
third-party facilities that provide logistic services to producers. They
warehouse the winery's product, and provide picking, packing, and shipping
services at the winery's direction. Amendments to §§ 4.1-209 and 4.1-209.1
of the Code of Virginia adopted by the 2010 General Assembly make such
arrangements legal in Virginia, and require the board's proposed regulatory
action. This regulation, coupled with the existing regulation of direct
shippers, is necessary to protect the health, safety, and welfare of citizens,
to ensure that only licensed shippers are shipping approved products on which
the appropriate taxes have been paid.
The Department of Alcoholic
Beverage Control (Department) is not aware of any current marketing portals in
Virginia. Since prior to July 1, 2010 such activities have been illegal, and
the Department has not been approached by any agricultural cooperative; though
the Department has heard that Virginia wineries are considering setting up a
cooperative, which might attempt to offer both marketing and warehouse
services. The marketing portal would have to show proof of its status as an
agricultural coop, since that status is statutorily required to qualify to
conduct such business in Virginia, and the warehouse would have to maintain
records of shipments (the marketing portal would not, since it never touches
the wine). The other requirements would be the same. The use of fulfillment
warehouses may allow manufacturers and retailers to reduce expenses by sharing
logistical services. The use of marketing portals could increase sales for
direct shippers of wine and beer.
Businesses and Entities
Affected. The Department anticipates that Virginia wineries will likely set up
a cooperative, which might attempt to offer both marketing and warehouse
services. The Department is not currently aware of any other entities which are
likely to seek fulfillment warehouse licenses.
Localities Particularly
Affected. The proposed amendments could affect all localities, but may
particularly affect localities with wineries.
Projected Impact on Employment.
The proposal amendments are unlikely to significantly affect employment.
Effects on the Use and Value of
Private Property. The use of fulfillment warehouses may allow manufacturers and
retailers to reduce expenses by sharing logistical services. The use of
marketing portals could increase sales for direct shippers of wine and beer.
Small Businesses: Costs and
Other Effects. The proposed amendments will not increase costs for small
businesses.
Small Businesses: Alternative
Method that Minimizes Adverse Impact. The proposed amendments do not adversely
affect small businesses.
Real Estate Development Costs.
The proposed amendments are unlikely to significantly affect real estate
development costs.
Legal Mandate. The Department of
Planning and Budget (DPB) has analyzed the economic impact of this proposed
regulation in accordance with § 2.2-4007.04 of the Administrative Process
Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such
economic impact analyses include, but need not be limited to, the projected
number of businesses or other entities to whom the regulation would apply, the
identity of any localities and types of businesses or other entities
particularly affected, the projected number of persons and employment positions
to be affected, the projected costs to affected businesses or entities to
implement or comply with the regulation, and the impact on the use and value of
private property. Further, if the proposed regulation has adverse effect on
small businesses, § 2.2-4007.04 requires that such economic impact
analyses include (i) an identification and estimate
of the number of small businesses subject to the regulation; (ii) the projected
reporting, recordkeeping, and other administrative costs required for small
businesses to comply with the regulation, including the type of professional
skills necessary for preparing required reports and other documents; (iii) a
statement of the probable effect of the regulation on affected small
businesses; and (iv) a description of any less intrusive or less costly
alternative methods of achieving the purpose of the regulation. The analysis
presented above represents DPB's best estimate of these economic impacts.
Agency's Response to Economic
Impact Analysis: The Alcoholic
Beverage Control Board concurs with the economic impact analysis of the
Department of Planning and Budget.
Summary:
This action promulgates a
new section, 3VAC5-70-240, providing the application process for marketing
portals or fulfillment warehouses, as defined in § 4.1-209.1 of the Code of Virginia, to seek
approval to provide services to holders of wine or beer shippers licenses. The
new section requires marketing portals to demonstrate that they are
appropriately organized as an agricultural cooperative. Both marketing portals
and fulfillment warehouses are required to demonstrate that they are licensed
by the state in which they are located to provide the intended services. Both
are required to enter into a written contract with the wine or beer shipper to
which services are to be rendered, designating the marketing portal or
fulfillment warehouse as the agent of the shipper for the purposes of complying
with applicable regulations and statutes. Approved fulfillment warehouses will
be required to maintain certain shipment records.
3VAC5-70-240. Marketing
portal and fulfillment warehouse approval process.
A. Any holder of a wine or
beer shipper's license wishing to use the services of a marketing portal or
fulfillment warehouse, as defined in § 4.1-209.1 of the Code of Virginia,
must use an approved marketing portal or fulfillment warehouse. Marketing
portals or fulfillment warehouses licensed to perform such services by the
state in which they are located may apply for approval to provide such services
to holders of Virginia wine or beer shipper's licenses by letter to the
Supervisor, Tax Management Section, Virginia Department of Alcoholic Beverage
Control, requesting such approval. Each applicant shall submit as attachments
copies of all licenses issued by the state in which its place of business is
located that authorize the provision of the services to be provided. A
marketing portal shall submit as attachments copies of documents showing that
it is properly organized as an agricultural cooperative in the state where it
is located. The board may refuse, suspend, or revoke approval if it shall have
reasonable cause to believe that a marketing portal or fulfillment warehouse is
not licensed to provide such services by its home state, that it has failed to
comply with the regulations of the board, or that a cause exists with respect
to the marketing portal or fulfillment warehouse that would authorize the board
to refuse, suspend, or revoke a license pursuant to § 4.1-100 et seq. of
Title 4.1 of the Code of Virginia. Before refusing, suspending, or revoking
such approval, the board shall follow the same administrative procedures
accorded an applicant or licensee under § 4.1-100 et seq. of Title 4.1 of
the Code of Virginia and regulations of the board.
B. Any approved marketing
portal or fulfillment warehouse shall, prior to performing services for a wine
or beer shipper's licensee, enter into a written contract. The contract must
designate the marketing portal or fulfillment warehouse as the agent of the
shipper for the purposes of complying with the provisions of this regulation
and §§ 4.1-209 and 4.1-209.1 of the Code of Virginia. A copy of each such
contract shall be submitted by the marketing portal or fulfillment warehouse to
the Supervisor, Tax Management Section, Virginia Department of Alcoholic
Beverage Control, prior to the commencement of services.
C. Approved fulfillment
warehouses shall maintain for two years complete and accurate records of all
shipments made on behalf of Virginia wine or beer shippers, including for each
shipment:
1. Number of containers
shipped;
2. Volume of each container
shipped;
3. Brand of each container
shipped; and
4. Names and addresses of
recipients.
The records required by
this subsection shall be made available for inspection and copying by any
member of the board or its special agents upon request.
VA.R. Doc. No. R13-2493; Filed August 21, 2012, 2:02 p.m.
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VIRGINIA WASTE MANAGEMENT BOARD
Forms
Title of Regulation: 9VAC20-90. Solid Waste Management Permit Action Fees
and Annual Fees.
Contact Information: Melissa Porterfield, Department of Environmental
Quality, 629 East Main Street, Richmond, VA 23219, email melissa.porterfield@deq.virginia.gov.
NOTICE: Forms used in
administering the following regulation have been filed by the Department of
Environmental Quality. The forms are not being published; however, online users
of this issue of the Virginia Register of Regulations may click on the name of
the new or amended form to access it. The forms are also available from the
agency contact or may be viewed at the Office of the Registrar of Regulations,
General Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (9VAC20-90)
Solid Waste Information and
Assessment Program - Reporting Table, DEQ Form 50-25 (rev. 12/11).
Instructions for Completing
Form DEQ 50-25 (rev. 12/11).
Solid Waste
Annual Permit Fee Quarter Payment Form PF001 (rev. 7/11).
Solid
Waste Annual Fee Quarter Payment Form PF001 (rev. 8/12).
VA.R. Doc. No. R13-3362; Filed August 20, 2012, 11:48 a.m.
Forms
Title of Regulation: 9VAC25-31. Virginia Pollutant Discharge Elimination
System (VPDES) Permit Regulation.
Contact Information: Debra A. Miller, Policy Planning Specialist,
Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219,
telephone (804) 698-4209, FAX (804) 698-4346, or email
debra.miller@deq.virginia.gov.
NOTICE: Forms used in
administering the following regulation have been filed by the State Water
Control Board. The forms are not being published; however, online users of this
issue of the Virginia Register of Regulations may click on the name of the new
or amended form to access it. The forms are also available from the agency
contact or may be viewed at the Office of the Registrar of Regulations, General
Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (9VAC25-31)
VPDES Sewage Sludge Permit
Application Form (rev. 2000).
VPDES
Sewage Sludge Permit Application for Permit Reissuance (eff. 8/12).
Instructions for VPDES Sewage
Sludge Permit Application Form (rev. 2000).
Application Form 1 - General
Information, Consolidated Permits Program, EPA Form 3510-1 (rev. 8/90).
Virginia State Water Control
Board Fish Farm Questionnaire (rev. 4/11).
Local Government Ordinance
Form (eff. 2000).
Local Government Certification
Form for New Municipal Solid Waste Landfill Permits (eff. 2006).
VA.R. Doc. No. R13-3378; Filed August 21, 2012, 12:10 p.m.
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STATE BOARD OF HEALTH
Final Regulation
Title of Regulation: 12VAC5-31. Virginia Emergency Medical Services
Regulations (amending
12VAC5-31-10, 12VAC5-31-20, 12VAC5-31-50, 12VAC5-31-60, 12VAC5-31-80,
12VAC5-31-90, 12VAC5-31-100, 12VAC5-31-120, 12VAC5-31-160, 12VAC5-31-170,
12VAC5-31-180, 12VAC5-31-200 through 12VAC5-31-240, 12VAC5-31-290,
12VAC5-31-330, 12VAC5-31-370 through 12VAC5-31-400, 12VAC5-31-420,
12VAC5-31-430, 12VAC5-31-460, 12VAC5-31-480, 12VAC5-31-500 through
12VAC5-31-540, 12VAC5-31-560, 12VAC5-31-570, 12VAC5-31-590, 12VAC5-31-650,
12VAC5-31-700, 12VAC5-31-710, 12VAC5-31-750, 12VAC5-31-760, 12VAC5-31-770,
12VAC5-31-790, 12VAC5-31-800 through 12VAC5-31-830, 12VAC5-31-860 through 12VAC5-31-910,
12VAC5-31-950, 12VAC5-31-960, 12VAC5-31-1010, 12VAC5-31-1030, 12VAC5-31-1040,
12VAC5-31-1140, 12VAC5-31-1210, 12VAC5-31-1250, 12VAC5-31-1260, 12VAC5-31-1270,
12VAC5-31-1810 through 12VAC5-31-1860, 12VAC5-31-1880, 12VAC5-31-1890,
12VAC5-31-1950, 12VAC5-31-2330, 12VAC5-31-2570, 12VAC5-31-2740; adding
12VAC5-31-610, 12VAC5-31-875, 12VAC5-31-885, 12VAC5-31-940, 12VAC5-31-970,
12VAC5-31-1050, 12VAC5-31-1165, 12VAC5-31-1305 through 12VAC5-31-1615;
repealing 12VAC5-31-840, 12VAC5-31-1060, 12VAC5-31-1280, 12VAC5-31-1290,
12VAC5-31-1300, 12VAC5-31-1310 through 12VAC5-31-1710).
Statutory Authority: § 32.1-111.4 of the Code of Virginia.
Effective Date: October 10, 2012.
Agency Contact: Michael Berg, Regulatory and Compliance Manager,
Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804)
864-7615, or email michael.berg@vdh.virginia.gov.
Summary:
The provision of emergency
medical services (EMS) is a dynamic process that continually changes due to
advances in science, technology, legislation, federal mandates, evidence-based
practices, and other factors. The proposed revisions incorporate changes in
terminology, testing practices, enforcement, agency responsibilities,
certification levels, reporting requirements, and training and EMS physician
requirements. Additional proposed changes include adding civil penalties to the
enforcement provisions, allowing localities to develop their own emergency
response agency standards, requiring a National Crime Information Center
background check on affiliated EMS personnel, increasing the required supply
count of triage tags, and removing the prohibition on firearms, weapons, and
explosives.
Changes from the proposed
stage to the final stage of the regulation (i)
incorporate changes in terminology to align with the National Scope of Practice
terminology, the Code of Virginia, and new national levels of certification;
(ii) combine two distinct instructional levels into one standard educational
instructional level; (iv) add the ability to determine if an agency applicant
is a benefit or has a direct impact on the delivery of EMS, and (iv) remove
duplicative language.
Summary of Public Comments
and Agency's Response: A summary of
comments made by the public and the agency's response may be obtained from the
promulgating agency or viewed at the office of the Registrar of Regulations.
Part I
General Provisions
Article 1
Definitions
12VAC5-31-10. Definitions.
The following words and terms
when used in this chapter shall have the following meanings unless the context
clearly indicates otherwise.
"Abandonment" means
the termination of a health care provider-patient relationship without
assurance that an equal or higher level of care meeting the assessed needs of
the patient's condition is present and available.
"Accreditation"
means approval granted to an entity by the Office of Emergency Medical Services
(EMS) after the institution has met specific requirements enabling the
institution to conduct basic or advanced life support training and education programs.
There are four levels of accreditation: interim, provisional, full, and
probationary.
"Accreditation
cycle" means the term or cycle at the conclusion of which accreditation
expires unless a full self-study is performed. Accreditation cycles are
typically quinquennial (five-year) but these terms
may be shorter, triennial (three-year) or biennial (two-year), if the Office of
EMS deems it necessary.
"Accreditation
date" means the date of the accreditation decision that is awarded to an
entity following its full site visit and review.
"Accreditation
decision" means the conclusion reached about an entity status after
evaluation of the results of the onsite survey, recommendations of the site
review team, and any other relevant information such as documentation of compliance
with standards, documentation of plans to correct deficiencies, or evidence of
recent improvements.
"Accreditation
denied" means an accreditation decision that results when an entity has
been denied accreditation. This accreditation decision becomes effective only
when all available appeal procedures have been exhausted.
"Acute" means a
medical condition having a rapid onset and a short duration.
"Acute care
hospital" means any hospital that provides emergency medical services on a
24-hour basis.
"Administrative Process
Act" or "APA" means Chapter 40 (§ 2.2-4000 et seq.) of
Title 2.2 of the Code of Virginia.
"Advanced life
support" or "ALS" means the application provision of
care by EMS personnel of invasive and noninvasive medical procedures or
the administration of medications that is authorized by the Office of Emergency
Medical Services, or both who are certified as an Emergency Medical
Technician (EMT) - Enhanced, Advanced EMT, [ EMT-Intermediate
Intermediate, ] or [ EMT-Paramedic
Paramedic ] or equivalent as approved by the Board of Health.
Advanced life support in
the air medical environment is a mission generally defined as the transport of
a patient who receives care during a transport that includes an invasive
medical procedure or the administration of medications, including IV infusions,
in addition to any noninvasive care that is authorized by the Office of EMS.
"Advanced life support
certification course" means a training program that allows a student to
become eligible for a new ALS certification level. Programs must meet the
educational requirements established by the Office of EMS as defined by the
respective advanced life support curriculum. Initial certification courses
include:
1. Emergency Medical
Technician-Enhanced;
2. Advanced EMT;
3. Advanced EMT to [ EMT Paramedic Intermediate ]
Bridge;
2. 4. EMT-Enhanced to [ EMT-Intermediate
Intermediate ] Bridge;
3. 5. [ Emergency Medical
Technician-Intermediate Intermediate ];
4. 6. [ EMT-Intermediate Intermediate ]
to [ EMT-Paramedic Paramedic ] Bridge;
5. 7. [ Emergency Medical
Technician-Paramedic Paramedic ];
6. 8. Registered Nurse to [ EMT-Paramedic
Paramedic ] Bridge; and
7. 9. Other programs approved by the Office of
EMS.
"Advanced life support
(ALS) coordinator" means a person who has met the criteria established by
the Office of EMS to assume responsibility for conducting ALS training
programs.
"Advanced life support
transport" means the transportation of a patient who is receiving ALS
level care.
"Affiliated" means a
person who is employed by or a member of an EMS agency.
"Air medical
specialist" means a person trained in the concept of flight physiology and
the effects of flight on patients through documented completion of a program
approved by the Office of EMS. This training must include but is not limited to
aerodynamics, weather, communications, safety around aircraft/ambulances, scene
safety, landing zone operations, flight physiology, equipment/aircraft
familiarization, basic flight navigation, flight documentation, and survival
training specific to service area.
"Ambulance" means
(as defined by § 32.1-111.1 of the Code of Virginia) any vehicle, vessel or
craft that holds a valid permit issued by the Office of EMS and that is
specially constructed, equipped, maintained and operated, and intended to be
used for emergency medical care and the transportation of patients who are
sick, injured, wounded, or otherwise incapacitated or helpless. The word
"ambulance" may not appear on any vehicle, vessel or aircraft that
does not hold a valid EMS vehicle permit.
"Approved locking
device" means a mechanism that prevents removal or opening of a medication
drug kit by means other than securing the medication drug
kit by the handle only.
"Assistant director"
means the Assistant Director of the Office of Emergency Medical Services.
"Attendant-in-charge"
or "AIC" means the certified or licensed person who is qualified and
designated to be primarily responsible for the provision of emergency medical
care.
"Attendant" means a
certified or licensed person qualified to assist in the provision of emergency
medical care.
"Basic life support"
or "BLS" means the application provision of care by EMS
personnel of invasive and noninvasive medical procedures or administration
of medications that is authorized by the Office of EMS who are certified
as First Responder, Emergency Medical Responder (EMR), or Emergency Medical
Technician or equivalent as approved by the Board of Health.
Basic life support in the
air medical environment means a mission generally defined as the transport of a
patient who receives care during a transport that is commensurate with the
scope of practice of an EMT. In the Commonwealth of Virginia care that is
provided in the air medical environment must be assumed at a minimum by a
Virginia certified [ EMT-Paramedic
Paramedic ] who is a part of the regular air medical crew. (fixed
wing excluded)
"BLS certification
course" means a training program that allows a student to become eligible
for a new BLS certification level. Programs must meet the educational
requirements established by the Office of EMS as defined by the respective
basic life support curriculum. Initial certification courses include:
1. EMS First Responder;
2. EMS First Responder Bridge
to EMT;
3. Emergency Medical
Responder;
4. Emergency Medical
Responder Bridge to EMT;
3. 5. Emergency Medical Technician; and
4. 6. Other programs approved by the Office of
EMS.
"Board" or
"state board" means the State Board of Health.
"Bypass" means to
transport a patient past a commonly used medical care facility to another
hospital for accessing a more readily available or appropriate level of medical
care.
[ "Candidate"
means any person who is enrolled in or is taking a course leading toward initial
certification. ]
"Candidate
status" means the status awarded to a program that has made application to
the Office of EMS for accreditation but that is not yet accredited.
"CDC" means the
United States Centers for Disease Control and Prevention.
"Certification"
means a credential issued by the Office of EMS for a specified period of time
to a person who has successfully completed an approved training program.
"Certification
candidate" means a person seeking EMS certification from the Office of
EMS.
"Certification
candidate status" means any candidate or provider who becomes eligible for
certification testing but who has not yet taken the certification test using
that eligibility.
"Certification
examiner" means an individual designated by the Office of EMS to
administer a state certification examination.
"Certification
transfer" means the issuance of certification through reciprocity, legal
recognition, challenge or equivalency based on prior training, certification or
licensure.
"Chief executive officer"
means the person authorized or designated by the agency or service as the
highest in administrative rank or authority.
"Chief operations
officer" means the person authorized or designated by the agency or
service as the highest operational officer.
"Commercial mobile radio
service" or "CMRS" as defined in §§ 3 (27) and 332 (d) of
the Federal Telecommunications Act of 1996, 47 USC § 151 et seq., and the
Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 107 USC § 312.
It includes the term "wireless" and service provided by any wireless
real time two-way voice communication device, including radio-telephone
communications used in cellular telephone service or personal communications
service (e.g., cellular telephone, 800/900 MHz Specialized Mobile Radio,
Personal Communications Service, etc.).
"Commissioner" means
the State Health Commissioner, the commissioner's duly authorized
representative, or in the event of the commissioner's absence or a vacancy in
the office of State Health Commissioner, the Acting Commissioner or Deputy
Commissioner.
"Continuing
education" or "CE" means an instructional program that enhances
a particular area of knowledge or skills beyond compulsory or required initial
training.
"Course" means a
basic or advanced life support training program leading to certification or
award of continuing education credit hours.
[ "Course
coordinator" means the person identified on the course approval request as
the coordinator who is responsible with the physician course director for all
aspects of the program including but not limited to assuring adherence to the
rules and regulations, office polices, and any contract components. ]
"Critical care"
or "CC" in the air medical environment is a mission defined as an interfacility transport of a critically ill or injured
patient whose condition warrants care commensurate with the scope of practice
of a physician or registered nurse.
"Critical criteria"
means an identified essential element of a state practical certification
examination that must be properly performed to successfully pass the station.
"Defibrillation"
means the discharge of an electrical current through a patient's heart for the
purpose of restoring a perfusing cardiac rhythm. For
the purpose of these regulations, defibrillation includes cardioversion.
"Defibrillator --
automated external" or "AED" means an automatic or
semi-automatic device, or both, capable of rhythm analysis and defibrillation
after electronically detecting the presence of ventricular fibrillation and
ventricular tachycardia, approved by the United States Food and Drug
Administration.
"Defibrillator --
combination unit" means a single device designed to incorporate all of the
required capabilities of both an Automated External Defibrillator and a Manual
Defibrillator.
"Defibrillator --
manual" means a monitor/defibrillator that has no capability for rhythm
analysis and will charge and deliver a shock only at the command of the
operator. For the purpose of compliance with these regulations, a manual
defibrillator must be capable of synchronized cardioversion
and noninvasive external pacing. A manual defibrillator must be approved by the
United States Food and Drug Administration.
"Designated infection
control officer" means a liaison between the medical facility treating the
source patient and the exposed employee. This person has been formally trained
for this position and is knowledgeable in proper post exposure medical follow
up procedures and current regulations and laws governing disease transmission.
"Designated emergency
response agency" means an EMS agency recognized by an ordinance or a
resolution of the governing body of any county, city or town as an integral
part of the official public safety program of the county, city or town with a
responsibility for providing emergency medical response.
"Director" means the
Director of the Office of Emergency Medical Services.
"Diversion" means a
change in the normal or established pattern of patient transport at the
direction of a medical care facility.
"Emergency medical
services" or "EMS" means the services used in responding to an
individual's perceived needs for immediate medical care in order to prevent
loss of life or aggravation of physiological or psychological illness or injury
including any or all of the services that could be described as first response,
basic life support, advanced life support, neonatal life support,
communications, training and medical control.
"EMS Advisory Board"
means the Emergency Medical Services Advisory Board as appointed by the
Governor.
"EMS education
coordinator" means any EMS provider, registered nurse, physician
assistant, doctor of osteopathic medicine, or doctor of medicine who possesses
Virginia certification as an EMS education coordinator. Such certification does
not confer authorization to practice EMS.
"Emergency medical
services agency" or "EMS agency" means a person licensed by the
Office of EMS to engage in the business, service, or regular activity, whether
or not for profit, of transporting or rendering immediate medical care to
persons who are sick, injured, or otherwise incapacitated.
"EMS agency status
report" means a report submitted on forms specified by the Office of EMS
that documents the operational capabilities of an EMS agency including data on
personnel, vehicles and other related resources.
"Emergency medical
services communications plan" or "EMS communications plan" means
the state plan for the coordination of electronic telecommunications by EMS
agencies as approved by the Office of EMS.
"Emergency medical
services personnel" or "EMS personnel" means a person,
affiliated with an EMS agency, responsible for the provision of emergency medical
services including any or all persons who could be described as an attendant,
attendant-in-charge, operator or operational medical director.
"Emergency medical
services physician" or "EMS physician" means a physician who
holds current endorsement from the Office of EMS and may serve as an EMS agency
operational medical director or training program physician course director.
"Emergency medical
services provider" or "EMS provider" means a person who holds a
valid certification issued by the Office of EMS.
"Emergency medical
services system" or "EMS system" means a system that provides
for the arrangement of personnel, facilities, equipment, and other system
components for the effective and coordinated delivery of emergency medical services
in an appropriate geographical area that may be local, regional, state or
national.
"Emergency medical
services vehicle" or "EMS vehicle" means any vehicle, vessel,
aircraft, or ambulance that holds a valid emergency medical services vehicle
permit issued by the Office of EMS that is equipped, maintained or operated to
provide emergency medical care or transportation of patients who are sick,
injured, wounded, or otherwise incapacitated or helpless.
"Emergency medical
services vehicle permit" means an authorization issued by the Office of
EMS for any vehicle, vessel or aircraft meeting the standards and criteria
established by regulation for emergency medical services vehicles.
"Emergency medical
technician instructor" means an EMS provider who holds a valid certification
issued by the Office of EMS to announce and coordinate BLS programs.
"Emergency operations
plan" means the Commonwealth of Virginia Emergency Operations Plan.
"Emergency vehicle
operator's course" or "EVOC" means an approved course of
instruction for EMS vehicle operators that includes safe driving skills,
knowledge of the state motor vehicle code affecting emergency vehicles, and
driving skills necessary for operation of emergency vehicles during response to
an incident or transport of a patient to a health care facility. This course
must include classroom and driving range skill instruction. An approved
course of instruction includes the course objectives as identified within the
U.S. Department of Transportation Emergency Vehicle Operator curriculum or as
approved by OEMS.
"Exam series" means
a sequence of opportunities to complete a certification examination with any
allowed retest.
"FAA" means the U.S.
Federal Aviation Administration.
[ "FAR"
means Federal Aviation Regulations. ]
"FCC" means the U.S.
Federal Communications Commission.
"Financial Assistance
Review Committee" or "FARC" means the committee appointed by the
EMS Advisory Board to administer the Rescue Squad Assistance Fund.
"Full
accreditation" means an accreditation decision awarded to an entity that
demonstrates satisfactory compliance with applicable Virginia standards in all
performance areas.
"Fund" means the
Virginia Rescue Squad Assistance Fund.
"Grant
administrator" means the Office of EMS personnel directly responsible for
administration of the Rescue Squad Assistance Fund program.
"Institutional self study" means a document whereby training programs
seeking accreditation answer questions about their program for the purpose of
determining their level of preparation to conduct initial EMS training
programs.
"Instructor" means
the teacher for a specific class or lesson of an EMS training program.
"Instructor aide"
means providers certified at or above the level of instruction.
"Interfacility
transport" in the air medical environment means as a mission for whom an
admitted patient (or patients) was transported from a hospital or care giving
facility (clinic, nursing home, etc) to a receiving
facility or airport.
"Interim
accreditation" means an accreditation decision that results when a
previously unaccredited EMS entity has been granted approval to operate one
training program, for a period not to exceed 120 days, during which its
application is being considered and before a provisional or full accreditation
is issued, providing the following conditions are satisfied: (i) a complete application for accreditation is received by
the Office of EMS and (ii) a complete institutional self
study is submitted to the Office of EMS. Students attending a program
with interim accreditation will not be eligible to sit for state testing until
the entity achieves official notification of accreditation at the provisional
or full level.
"Invasive
procedure" means a medical procedure that involves entry into the living
body, as by incision or by insertion of an instrument.
"License" means an
authorization issued by the Office of EMS to provide emergency medical services
in the state as an EMS agency.
"Local EMS resource"
means a person recognized by the Office of EMS to perform specified functions
for a designated geographic area. This person may be designated to perform one
or more of the functions otherwise provided by regional EMS councils.
"Local EMS response
plan" means a written document that details the primary service area
[ , the unit mobilization interval ] and responding interval
standards as approved by the local government, and the
operational medical director and the Office of EMS.
"Local governing
body" or "governing body" means members of the governing body of
a city, county, or town in the Commonwealth who are elected to that position or
their designee.
"Major medical
emergency" means an emergency that cannot be managed through the use of
locally available emergency medical resources and that requires implementation
of special procedures to ensure the best outcome for the greatest number of
patients as determined by the EMS provider in charge or incident commander on
the scene. This event includes local emergencies declared by the locality's
government and states of emergency declared by the Governor.
[ "Medic"
means an EMS provider certified at the level of ] EMT-Cardiac
[ Advanced EMT, EMT-Intermediate or EMT-Paramedic. ]
"Medical care
facility" means (as defined by § 32.1-123 § 32.1-102.1
of the Code of Virginia) any institution, place, building or agency, whether
licensed or required to be licensed by the board or the [ State ]
Mental Health, Mental Retardation and Substance Abuse Services [ Board
Department ] of Behavioral Health and Developmental Services,
whether operated for profit or nonprofit and whether privately owned or
privately operated or owned or operated by a local governmental unit, by or in
which health services are furnished, conducted, operated or offered for the
prevention, diagnosis or treatment of human disease, pain, injury, deformity or
physical condition, whether medical or surgical.
"Medical
community" means the physicians and allied healthcare specialists located
and available within a definable geographic area.
"Medical control"
means the direction and advice provided through a communications device
(on-line) to on-site and in-transit EMS personnel from a designated medical
care facility staffed by appropriate personnel and operating under physician
supervision.
"Medical direction"
means the direction and supervision of EMS personnel by the Operational Medical
Director of the EMS agency with which he is affiliated.
"Medical emergency"
means the sudden onset of a medical condition that manifests itself by symptoms
of sufficient severity, including severe pain, that the absence of immediate
medical attention could reasonably be expected by a prudent layperson who
possesses an average knowledge of health and medicine to result in (i) serious jeopardy to the mental or physical health of the
individual, (ii) danger of serious impairment of the individual's bodily
functions, (iii) serious dysfunction of any of the individual's bodily organs,
or (iv) in the case of a pregnant woman, serious jeopardy to the health of the
fetus.
"Medical
practitioner" means a physician, dentist, podiatrist, licensed nurse
practitioner, licensed physician's assistant, or other person licensed,
registered or otherwise permitted to distribute, dispense, prescribe and
administer, or conduct research with respect to, a controlled substance in the
course of professional practice or research in this Commonwealth.
"Medical
protocol" means preestablished written physician
authorized procedures or guidelines for medical care of a specified clinical
situation based on patient presentation.
"Mutual aid
agreement" means a written document specifying a formal understanding to
lend aid to an EMS agency.
"Neonatal life
support" means a sophisticated and specialized level of out-of-hospital
and interfacility emergency and stabilizing care that
includes basic and advanced life support functions for the newborn or infant
patient.
"Neonatal" or
"neonate" means, for the purpose of interfacility
transportation, any infant who is deemed a newborn within a hospital, has not
been discharged since the birthing process, and is currently receiving medical
care under a physician.
"Nonprofit" means
without the intention of financial gain, advantage, or benefit as defined by
federal tax law.
"OSHA" means the
U.S. Occupational Safety and Health Administration or Virginia Occupational
Safety and Health, the state agency designated to perform its functions in
Virginia.
"Office of EMS"
means the Office of Emergency Medical Services within the Virginia Department
of Health.
"Operational medical
director" or "OMD" means an EMS physician, currently licensed to
practice medicine or osteopathic medicine in the Commonwealth, who is formally
recognized and responsible for providing medical direction, oversight and
quality improvement to an EMS agency and personnel.
"Operator" means a
person qualified and designated to drive or pilot a specified class of
permitted EMS vehicle.
"Patient" means a
person who needs immediate medical attention or transport, or both, whose
physical or mental condition is such that he is in danger of loss of life or
health impairment, or who may be incapacitated or helpless as a result of physical
or mental condition or a person who requires medical attention during transport
from one medical care facility to another.
"Person" means (as
defined in the Code of Virginia) any person, firm, partnership, association,
corporation, company, or group of individuals acting together for a common
purpose or organization of any kind, including any government agency other than
an agency of the United States government.
"Physician" means an
individual who holds a valid, unrestricted license to practice medicine or osteopathy
in the Commonwealth.
"Physician
assistant" means an individual who holds a valid, unrestricted license to
practice as a Physician Assistant in the Commonwealth.
"Physician course
director" or "PCD" means an EMS physician who is responsible for
the clinical aspects of emergency medical care training programs, including the
clinical and field actions of enrolled students.
"Prehospital
patient care report" or "PPCR" means a document used to
summarize the facts and events of an EMS incident and includes, but is not
limited to, the type of medical emergency or nature of the call, the response
time, the treatment provided and other minimum data items as prescribed by the
board. "PPCR" includes any supplements, addenda, or other related attachments
that document patient information or care provided.
Prehospital patient data report" or "PPDR" means a
document designed to be optically scanned that may be used to report to the
Office of EMS, the minimum patient care data items as prescribed by the board.
"Prehospital
scene" means, in the air medical environment, the direct response to the
scene of incident or injury, such as a roadway, etc.
[ "Prescriber"
means a practitioner who is authorized pursuant to §§ 54.1-3303 and 54.1-3408
of the Code of Virginia to issue a prescription. ]
"Primary retest
status" means any candidate or provider who failed his primary
certification attempt. Primary retest status expires 90 days after the primary
test date.
"Primary service
area" means the specific geographic area designated or prescribed by a
locality (county, city or town) in which an EMS agency provides prehospital emergency medical care or transportation. This
designated or prescribed geographic area served must include all locations for
which the EMS agency is principally dispatched (i.e., first due response
agency).
"Private Mobile Radio
Service" or "PMRS" as defined in § 20.3 of the Federal
Communications Commission's Rules, 47 CFR 20.3. (For purposes of this
definition, PMRS includes "industrial" and "public safety"
radio services authorized under Part 90 of the Federal Communications
Commission's Rules, 47 CFR 90.1 et seq., with the exception of certain
for-profit commercial paging services and 800/900 MHz Specialized Mobile Radio
Services that are interconnected to the public switched telephone network and
are therefore classified as CMRS.)
"Probationary
status" means the Office of EMS will place an institution on publicly
disclosed probation when it has not completed a timely, thorough, and credible
root cause analysis and action plan of any sentinel event occurring there. When
the entity completes an acceptable root cause analysis and develops an
acceptable action plan, the Office of EMS will remove the probation designation
from the entity's accreditation status.
"Program site
accreditation" means the verification that a training program has
demonstrated the ability to meet criteria established by the Office of EMS to
conduct basic or advanced life support certification courses.
"Provisional
accreditation" means an accreditation decision that results when a
previously unaccredited entity has demonstrated satisfactory compliance with a
subset of standards during a preliminary on-site evaluation. This decision
remains in effect for a period not to exceed 365 days, until one of the other
official accreditation decision categories is assigned based upon an a
follow-up site visit against all applicable standards.
"Public safety answering
point" or "PSAP" means a facility equipped and staffed on a
24-hour basis to receive requests for emergency medical assistance for one or
more EMS agencies.
"Quality management
program" or "QM" means the continuous study of and improvement
of an EMS agency or system including the collection of data, the identification
of deficiencies through continuous evaluation, the education of personnel and
the establishment of goals, policies and programs that improve patient outcomes
in EMS systems.
"Reaccreditation
date" means the date of the reaccreditation decision that is awarded to an
entity following a full site visit and review.
"Recertification"
means the process used by certified EMS personnel to maintain their training
certifications.
"Reentry" means the
process by which EMS personnel may regain a training certification that has
lapsed within the last two years.
"Reentry status"
means any candidate or provider whose certification has lapsed within the last
two years.
"Regional EMS
council" means an organization designated by the board that is authorized
to receive and disburse public funds in compliance with established performance
standards and whose function is to plan, develop, maintain, expand and improve
an efficient and effective regional emergency medical services system within a
designated geographical area pursuant to § 32.1-111.11 of the Code of Virginia.
"Regional trauma triage
plan" means a formal written plan developed by a regional EMS council or
local EMS resource and approved by the commissioner that incorporates the
region's geographic variations, trauma care capabilities and resources for the
triage of trauma patients pursuant to § 32.1-111.3 of the Code of
Virginia.
"Registered nurse"
means an individual who holds a valid, unrestricted license to practice as a
registered nurse in the Commonwealth a person who is licensed or holds a
multistate privilege under the provisions of Chapter 30 (§ 54.1-3000 et
seq.) of Title 54.1 of the Code of Virginia to practice professional nursing.
"Regulated medical
device" means equipment or other items that may only be purchased or
possessed upon the approval of a physician and that the manufacture or sale of
which is regulated by the U.S. Food and Drug Administration (FDA).
"Regulated waste"
means liquid or semi-liquid blood or other potentially infectious materials;
contaminated items that would release blood or other potentially infectious
materials in a liquid or semi-liquid state if compressed; items that are caked
with dried blood or potentially infectious materials and are capable of
releasing these materials during handling; items dripping with liquid product;
contaminated sharps; pathological and microbiological waste containing blood or
other potentially infectious materials.
"Regulations" means
(as defined in the Code of Virginia) any statement of general application,
having the force of law, affecting the rights or conduct of any person,
promulgated by an authorized board or agency.
"Rescue" means a
service that may include the search for lost persons, gaining access to persons
trapped, extrication of persons from potentially dangerous situations and the
rendering of other assistance to such persons.
"Rescue vehicle"
means a vehicle, vessel or aircraft that is maintained and operated to assist
with the location and removal of victims from a hazardous or life-threatening
situation to areas of safety or treatment.
"Responding interval
time" means the elapsed time in minutes between the "dispatch"
time and the "arrive scene" time (i.e., when the wheels of the EMS
vehicle stop) time a call for emergency medical services is received by
the PSAP until the appropriate emergency medical response unit arrives on the
scene.
"Responding interval
time standard" means a time standard in minutes for the
responding interval, established by the EMS agency, the locality and OMD,
in which the EMS agency will comply with 90% or greater reliability.
"Response obligation to
locality" means a requirement of a designated emergency response agency to
lend aid to all other designated emergency response agencies within the
locality or localities in which the EMS agency is based.
"Revocation" means
the permanent removal of an EMS agency license, vehicle permit, training
certification, ALS coordinator endorsement, EMS education coordinator,
EMS physician endorsement or any other designation issued by the Office of EMS.
"Safety apparel"
means personal protective safety clothing that is intended to provide
conspicuity during both daytime and nighttime usage and that meets the
Performance Class 2 or 3 requirements of the ANSI/ISEA 107–2010 publication
entitled "American National Standard for High-Visibility Safety Apparel
and Headwear."
"Secondary
certification status" means any candidate or provider who is no longer in
primary retest status.
"Secondary retest
status" means any candidate or provider who failed their secondary
certification attempt. Secondary retest status expires 90 days after the
secondary test date.
"Sentinel event"
means any significant occurrence, action, or change in the operational status
of the entity from the time when it either applied for candidate status or was
accredited. The change in status can be based on but not limited to one or all
of the events indicated below:
Entering into an agreement
of sale of an accredited entity or an accreditation candidate.
Entering into an agreement
to purchase or otherwise directly or indirectly acquire an accredited entity or
accreditation candidate.
Financial impairment of an
accredited entity or candidate for accreditation, which affects its operational
performance or entity control.
Insolvency or bankruptcy
filing.
Change in ownership or
control greater than 25%.
Disruption of service to
student body.
Discontinuance of classes or
business operations.
Failure to report a change
in program personnel, location, change in training level or Committee on
Accreditation of Educational Programs for the Emergency Medical Services Professions
(CoAEMSP) accreditation status.
Failure to meet minimum
examination scores as established by the Office of EMS.
Loss of CoAEMSP
or [ CAAHEEP
Commission on Accreditation of Allied Health Education Programs (CAAHEP) ]
accreditation.
Company fine or fines of
greater than $100,000 for regulatory violation, marketing or advertising
practices, antitrust, or tax disputes.
"Special conditions"
means a notation placed upon an EMS agency or registration, variance or
exemption documents that modifies or restricts specific requirements of these
regulations.
"Specialized air medical
training" means a course of instruction and continuing education in the
concept of flight physiology and the effects of flight on patients that has
been approved by the Office of EMS. This training must include but is not
limited to aerodynamics, weather, communications, safety around
aircraft/ambulances, scene safety, landing zone operations, flight physiology,
equipment/aircraft familiarization, basic flight navigation, flight documentation,
and survival training specific to service area.
"Specialty care
mission" in the air medical environment means the transport of a patient
requiring specialty patient care by one or more medical professionals who are
added to the regularly scheduled medical transport team.
"Specialty care
provider" in the air medical environment means a provider of specialized
medical care, to include but not limited to neonatal, pediatric, and perinatal.
"Standard of care"
means the established approach to the provision of basic and advanced medical
care that is considered appropriate, prudent and in the best interests of
patients within a geographic area as derived by consensus among the physicians
responsible for the delivery and oversight of that care. The standard of care
is dynamic with changes reflective of knowledge gained by research and
practice.
"Standard operating
procedure" or "SOP" means preestablished
written agency authorized procedures and guidelines for activities performed by
affiliated EMS agency.
"Supplemented
transport" means an interfacility transport for
which the sending physician has determined that the medically necessary care
and equipment needs of a critically injured or ill patient is beyond the scope
of practice of the available EMS personnel of the EMS agency.
"Suspension" means
the temporary removal of an EMS agency license, vehicle permit, training
certification, ALS coordinator endorsement, EMS education coordinator,
EMS physician endorsement or any other designation issued by the Office of EMS.
"Test site
coordinator" means an individual designated by the Office of EMS to
coordinate the logistics of a state certification examination site.
"Training
officer" means an individual who is responsible for the maintenance and completion
of agency personnel training records and who acts as a liaison between the
agency, the operational medical director, and a participant in the agency and
regional quality assurance process.
"Trauma center"
means a specialized hospital facility distinguished by the immediate
availability of specialized surgeons, physician specialists, anesthesiologists,
nurses, and resuscitation and life support equipment on a 24-hour basis to care
for severely injured patients or those at risk for severe injury. In Virginia,
trauma centers are designated by the Virginia Department of Health as Level I,
II or III.
"Trauma center
designation" means the formal recognition by the board of a hospital as a
provider of specialized services to meet the needs of the severely injured
patient. This usually involves a contractual relationship based on adherence to
standards.
"Triage" means the
process of sorting patients to establish treatment and transportation
priorities according to severity of injury and medical need.
"Unit mobilization
interval" means the elapsed time (in minutes) between the
"dispatched" time of the EMS agency and the "responding"
time (the wheels of the EMS vehicle start moving).
"Unit mobilization
interval standard" means a time standard (in minutes) for the unit
mobilization interval, established by a designated emergency response agency,
the locality and OMD, in which the EMS agency will comply.
"USDOT" means the
United States Department of Transportation.
"Vehicle operating
weight" means the combined weight of the vehicle, vessel or craft, a full
complement of fuel, and all required and optional equipment and supplies.
"Virginia Statewide
Trauma Registry" or "Trauma Registry" means a collection of data
on patients who receive hospital care for certain types of injuries. The
collection and analysis of such data is primarily intended to evaluate the
quality of trauma care and outcomes in individual institutions and trauma
systems. The secondary purpose is to provide useful information for the surveillance
of injury morbidity and mortality.
"Wheelchair"
means a chair with wheels specifically designed and approved for the vehicular
transportation of a person in an upright, seated (Fowler's) position.
Article 2
Purpose and Applicability
12VAC5-31-20. Responsibility for
regulations; application of regulations.
A. These regulations shall be
administered by the following:
1. State Board of Health. The
Board of Health has the responsibility to promulgate, amend, and repeal, as
appropriate, regulations for the provision of emergency medical services per
Article 2.1 (§ 32.1-111.1 et seq.) of Chapter 4 of Title 32.1 of the Code
of Virginia.
2. State Health Commissioner.
The commissioner, as executive officer of the board, will administer these
regulations per § 32.1-16 of the Code of Virginia.
3. The Virginia Office of EMS.
The director, assistant director and specified staff positions will have
designee privileges for the purpose of enforcing these regulations.
4. Emergency Medical Services
Advisory Board. The EMS Advisory Board has the responsibility to review and
advise the board regarding EMS policies and programs.
B. These regulations have
general application throughout Virginia to include:
1. No person may establish,
operate, maintain, advertise or represent themselves, any service or any
organization as an EMS agency or as EMS personnel without a valid license or
certification, or in violation of the terms of a valid license or certification
issued by the Office of EMS.
2. A person providing EMS to a
patient received within Virginia [ and whether treated and
released or ] transported to a location within Virginia must comply
with these regulations unless exempted in these regulations.
12VAC5-31-50. Variances.
A. The Office of EMS commissioner
is authorized to grant variances for any part or all of these regulations in
accordance with the procedures set forth herein. A variance permits temporary
specified exceptions to these regulations. An applicant, licensee, or permit or
certificate holder may file a written request for a variance with the Office of
EMS on specified forms. If the applicant, licensee, or permit or certificate
holder is an EMS agency, the following additional requirements apply:
1. The written variance request
shall be submitted for review and recommendations to the governing body or
chief administrative officer of the jurisdiction in which the principal office
of the EMS agency is located prior to submission to the Office of EMS.
2. An EMS agency operating in
multiple jurisdictions will be required to notify all other jurisdictions in
writing of conditions of approved variance requests.
3. Issuance of a variance does
not obligate other jurisdictions to allow the conditions of such variance if
they conflict with local ordinances or regulations.
4. Both the written request and
the recommendation of the governing body or chief administrative officer shall
be submitted together to the Office of EMS.
B. If the applicant for a
variance is an affiliated provider who is certified or a candidate for
certification, the following requirements shall apply:
1. The written variance request
shall be submitted for review and recommendations to the operational medical
director and the head of the agency with which the provider is affiliated.
2. Both the written request and
the recommendation of the operational medical director and the agency head
shall be submitted to the Office of EMS.
C. Those providers who are not
affiliated with an EMS agency shall submit their variance request to the
commissioner for consideration. The commissioner may request additional
case-specific endorsements or supporting documentation as part of the
application.
12VAC5-31-60. Issuance of a
variance.
A request for a variance may
be approved and issued by the Office of EMS commissioner provided
all of the following conditions are met:
1. The information contained in
the request is complete and correct;
2. The agency, service, vehicle
or person concerned is licensed, permitted or certified by the Office of EMS;
3. The Office of EMS commissioner
determines the need for such a variance is genuine, and extenuating
circumstances exist;
4. The Office of EMS commissioner
determines that issuance of such a variance would be in the public interest and
would not present any risk to, or threaten or endanger the public health,
safety or welfare;
5. If the request is made by an
EMS agency, the Office of EMS commissioner will consider the
recommendation of the governing body or chief administrative officer provided
all of the above conditions are met;
6. If the request is made by an
affiliated provider who is certified or a candidate for certification, the
Office of EMS will consider the recommendation of the operational medical
director and the agency head for which the provider is affiliated; and
7. The person making the
request will be notified in writing of the approval and issuance within 30 days
of receipt of the request unless the request is awaiting approval or
disapproval of a license or certificate. In such case, notice will be given
within 30 days of the issuance of the license or certificate.
12VAC5-31-80. Conditions of
variance.
A variance shall be issued and
remain valid with the following conditions:
1. A variance will be valid for
a period not to exceed one year unless and until terminated by the Office of
EMS commissioner; and
2. A variance is neither
transferable nor renewable under any circumstances.
12VAC5-31-90. Termination of
variance.
A. The Office of EMS commissioner
may terminate a variance at any time based upon any of the following:
1. Violations of any of the
conditions of the variance;
2. Falsification of any
information;
3. Suspension or revocation of
the license, permit or certificate affected; or
4. A determination by the
Office of EMS to the commissioner that continuation of the variance
would present a risk to or threaten or endanger the public health, safety or
welfare.
B. The Office of EMS commissioner
will notify the license, permit or certificate holder of the termination by
certified mail to his last known address.
C. Termination of a variance
will take effect immediately upon receipt of notification unless otherwise
specified.
12VAC5-31-100. Denial of a
variance.
A request for a variance will
be denied by the Office of EMS commissioner if any of the
conditions of 12VAC5-31-60 fail to be met.
12VAC5-31-120. Public notice of
request for exemption.
Upon receipt of a request for
an exemption, the Office of EMS will cause notice of such request to be published
in a newspaper of general circulation in the area wherein the person making the
request resides and in other major newspapers of general circulation in major
regions of the Commonwealth. The cost of such public notice will be borne by
the person making the request posted on the Office of EMS section of the
Virginia Department of Health's website.
12VAC5-31-160. Conditions of
exemption.
A. An exemption remains valid
for an indefinite period of time unless and until terminated by the board or
the Office of EMS commissioner, or unless an expiration date is
specified.
B. An exemption is neither
transferable nor renewable.
12VAC5-31-170. Termination of exemption.
A. The Office of EMS commissioner
may terminate an exemption at any time based upon any of the following:
1. Violation of any of the
conditions of the exemption;
2. Suspension or revocation of
any licenses, permits or certificates involved; or
3. A determination by the Office
of EMS commissioner that continuation of the exemption would present
risk to, or threaten or endanger the public health, safety or welfare.
B. The Office of EMS commissioner
will notify the person to whom the exemption was issued of the termination by
certified mail to his last known address.
C. Termination of an exemption
takes effect immediately upon receipt of notification unless otherwise
specified.
12VAC5-31-180. Denial of an
exemption.
A request for an exemption
will be denied by the Office of EMS commissioner if any of the
conditions of these regulations fail to be met.
Article 4
Enforcement Procedures
12VAC5-31-200. Right to
enforcement.
A. The Office of EMS may use
the enforcement procedures provided in this article when dealing with any
deficiency or violation of these regulations or any action or procedure that
varies from the intent of these regulations.
B. The Office of EMS may
determine that a deficiency or violation of these regulations or any action or
procedure that varies from the intent of these regulations occurred.
C. The enforcement procedures
provided in this article are not mutually exclusive. The Office of EMS may
invoke as many procedures as the situation may require.
D. The commissioner empowers
the Office of EMS to enforce the provisions of these regulations.
E. An agency and all places
of operation shall be subject to inspection by the Office of EMS for compliance
with these regulations. The inspection may include any or all of the following:
1. All fixed places of
operations, including all offices, stations, repair shops, or training
facilities.
2. All applicable records
maintained by the agency.
3. All EMS vehicles and
required equipment used by the agency.
12VAC5-31-210. Enforcement
actions.
An enforcement action must be
delivered to the affected person and must specify information concerning the
violations, the actions required to correct the violations and the specific
date by which correction must be made as follows:
1. Warning: a verbal
notification of an action or situation potentially in violation of these
regulations.
2. Citation: a written
notification for violations of these regulations.
3. Suspension: a written
notification of the deactivation and removal of authorization issued under a
license, permit, certification, endorsement or designation.
4. Civil penalty: The
commissioner or designee may impose a civil penalty on an agency or entity that
fails or refuses compliance with these regulations. Civil penalties may be
assessed up to $1,000 per offense. Violations shall be single, different
occurrence for each calendar day the violation occurs and remains uncorrected.
4. 5. Action of the commissioner: the
commissioner may command a person operating in violation of these regulations
or state law pursuant to the commissioner's authority under § 32.1-27 of
the Code of Virginia and the Administrative Process Act to halt such operation
or to comply with applicable law or regulation. A separate and distinct offense
will be deemed to have been committed on each day during which any prohibited
act continues after written notice to the offender.
5. 6. Criminal enforcement: the commissioner may
elect to enforce any part of these regulations or any provision of Title 32.1 of
the Code of Virginia by seeking to have criminal sanctions imposed. The
violation of any of the provisions of these regulations constitutes a
misdemeanor. A separate and distinct offense will be deemed to have been
committed on each day during which any prohibited act continues after written
notice by the commissioner to the offender.
12VAC5-31-220. Suspension of a
license, permit, certificate, endorsement or designation.
A. The Office of EMS commissioner
may suspend an EMS license, permit, certificate, endorsement or designation
without a hearing, pending an investigation or revocation procedure.
1. Reasonable cause for
suspension must exist before such action is taken by the Office of EMS commissioner.
The decision must be based upon a review of evidence available to the Office
of EMS commissioner.
2. The Office of EMS commissioner
may suspend an agency or service license, vehicle permit, personnel
certificate, endorsement or designation for failure to adhere to the standards
set forth in these regulations.
3. An EMS agency license or
registration may be suspended if the agency, service or any of its vehicles or
personnel are found to be operating in a manner that presents a risk to, or
threatens, or endangers the public health, safety or welfare.
4. An EMS vehicle permit may be
suspended if the vehicle is found to be operated or maintained in a manner that
presents a risk to, threatens, or endangers the public health, safety or
welfare, or if the EMS agency license has been suspended.
5. EMS personnel may be
suspended if found to be operating or performing in a manner that presents a
risk to, or threatens, or endangers the public health, safety or welfare.
6. An EMS training
certification may be suspended if the certificate holder is found to be
operating or performing in a manner that presents a risk to, or threatens, or
endangers the public health, safety or welfare.
B. Suspension of an EMS agency
license shall result in the simultaneous and concurrent suspension of the
vehicle permits.
C. The Office of EMS commissioner
will notify the licensee, or permit or certificate holder of the suspension in
person or by certified mail to his last known address.
D. A suspension takes effect
immediately upon receipt of notification unless otherwise specified. A suspension
remains in effect until the Office of EMS commissioner further
acts upon the license, permit, certificate, endorsement or designation or until
the order is overturned on appeal as specified in the Administrative Process
Act.
E. The licensee, or permit or
certificate holder shall abide by any notice of suspension and shall return all
suspended licenses, permits and certificates to the Office of EMS within 10
days of receipt of notification.
F. The Office of EMS may
invoke any procedure set forth in this part to enforce the suspension.
12VAC5-31-230. Revocation of a
license, permit or certificate.
A. The Office of EMS commissioner
may revoke an EMS license, permit, certificate, endorsement, or
designation after a hearing or waiver thereof.
1. Reasonable cause for
revocation must exist before such action by the Office of EMS commissioner.
2. The Office of EMS commissioner
may revoke an EMS agency license, EMS vehicle permit, vehicle permit,
certification, endorsement or designation for failure to adhere to the
standards set forth in these regulations.
3. The Office of EMS commissioner
may revoke an EMS agency license, an EMS vehicle permit, or EMS personnel
certificate for violation of a correction order or for engaging in or aiding,
abetting, causing, or permitting any act prohibited by these regulations.
4. The Office of EMS commissioner
may revoke an EMS training certificate for failure to adhere to the standards
as set forth in these regulations and the "Training Program
Administration Manual" in effect for the level of instruction concerned,
or for lack of competence at such level as evidenced by lack of basic knowledge
or skill, or for incompetent or unwarranted acts inconsistent with the
standards in effect for the level of certification concerned.
5. The Office of EMS commissioner
may revoke an EMS agency license for violation of federal or state laws
resulting in a civil monetary penalty.
B. Revocation of an EMS agency
license shall result in the simultaneous and concurrent revocation of vehicle
permits.
C. The Office of EMS commissioner
will notify the holder of a license, certification, endorsement or designation
of the intent to revoke by signed receipt in person or certified mail to
his last known address.
D. The holder of a license,
certification, endorsement or designation will have the right to a hearing.
1. If the holder of a license,
certification, endorsement or designation desires to exercise his right to a
hearing, he must notify the Office of EMS in writing of his intent within 10
days of receipt of notification. In such cases, a hearing must be conducted and
a decision rendered in accordance with the Administrative Process Act.
2. Should the holder of a
license, certification, endorsement or designation fail to file such notice, he
will be deemed to have waived the right to a hearing. In such case, the Office
of EMS commissioner may revoke the license or certificate.
E. A revocation takes effect
immediately upon receipt of notification unless otherwise specified. A
revocation order is permanent unless and until overturned on appeal.
F. The holder of a license,
certification, endorsement or designation shall abide by any notice of
revocation and shall return all revoked licenses, permits and certificates to
the Office of EMS within 10 days of receipt of the notification of revocation.
G. The Office of EMS may
invoke any procedures set forth in this part to enforce the revocation.
12VAC5-31-240. Correction order.
A. The Office of EMS may order
the holder of a license, certification, endorsement or designation to correct a
deficiency, cease any violations or comply with these regulations by issuing a
written correction order as follows:
1. Correction orders may be
issued in conjunction with any other enforcement action in response to
individual violations or patterns of violations.
2. The Office of EMS will
determine that a deficiency or violation exists before issuance of any
correction order.
B. The Office of EMS will send
a correction order to the licensee or permit or certificate holder by a
signed receipt in person or certified mail to his last known address.
Notification will include, but not be limited to, a description of the
deficiency or violation to be corrected, and the period within which the
deficiency or situation must be corrected, which shall not be less than 30 days
from receipt of such order, unless an emergency has been declared by the Office
of EMS.
C. A correction order takes
effect upon receipt and remains in effect until the deficiency is corrected or
until the license, permit, certificate, endorsement or designation is
suspended, revoked, or allowed to expire or until the order is overturned or
reversed.
D. Should the licensee or
permit, certificate, endorsement or designation holder be unable to comply with
the correction order by the prescribed date, he may submit a request for
modification of the correction order with the Office of EMS. The Office of EMS
will approve or disapprove the request for modification of the correction order
within 10 days of receipt.
E. The licensee or permit,
certificate, endorsement or designation holder shall correct the deficiency or
situation within the period stated in the order.
1. The Office of EMS will
determine whether the correction is made by the prescribed date.
2. Should the licensee or
permit, certificate, endorsement or designation holder fail to make the
correction within the time period cited in the order, the Office of EMS may
invoke any of the other enforcement procedures set forth in this part.
12VAC5-31-290. Exclusions from
these regulations.
A. Any person or privately
owned vehicle not engaged in the business, service, or regular activity of
providing medical care or transportation of persons who are sick, injured,
wounded, or otherwise disabled.
B. Any person or vehicle
rendering emergency medical services or medical transportation in the case of a
major medical emergency when the EMS agencies, vehicles and personnel based in
or near the location of such major emergency are insufficient to render
services required.
C. EMS agencies, vehicles or
personnel based outside of Virginia, except that any agency, vehicle or person
responding from outside Virginia to an emergency within Virginia and providing
emergency medical services to a patient within Virginia, whether or not the
service includes transportation, shall comply with the provisions of these
regulations.
D. An agency of the United
States government providing emergency medical services in Virginia and any EMS
vehicles operated by the agency.
E. Any vehicle owned by an
EMS agency vehicle used exclusively for the provision of rescue
services.
F. Any medical facility, but
only with respect to the provision of emergency medical services within the
facility.
G. Personnel employed by, or
associated with, a medical facility who provides emergency medical services
within the medical facility, but only with respect to the services provided
therein.
H. Wheelchair interfacility transport services and wheelchair interfacility transport service vehicles that are engaged,
whether or not for profit, in the business, service, or regular activity of and
exclusively used for transporting wheelchair bound passengers between medical
facilities in the Commonwealth when no ancillary medical care or oversight is
necessary. However, such services and vehicles shall comply with Department of
Medical Assistance Services regulations regarding the transportation of
Medicaid recipients to covered services.
[ 12VAC5-31-330. Compliance
with regulations.
A. A person shall comply with
these regulations. The Office of EMS will publish the Virginia EMS
Compliance Manual, a document that describes and provides guidance to EMS
agencies, vehicles and personnel on how to comply with these regulations.
B. An EMS agency, including
its EMS vehicles and EMS personnel, shall comply with these regulations, the
applicable regulations of other state agencies, the Code of Virginia,
and the United States Code. ]
12VAC5-31-370. Designated
emergency response agency.
An EMS agency that responds to
medical emergencies for its primary service area shall be a designated
emergency response agency. A designated emergency response agency shall
provide services within its primary service area as defined by the local EMS
response plan.
12VAC5-31-380. EMS agency
availability.
A. An EMS agency shall provide service within its
primary service area on a 24-hour continuous basis as defined by the
local EMS response plan.
B. Licensed EMS agencies
that meet the criteria stated in 12VAC5-31-370 but that operate under special
conditions, i.e., time of year, etc., must also meet the criteria outlined in
12VAC5-31-430 A 2 and C 4.
12VAC5-31-390. Destination/trauma
triage Destination to specialty care hospitals.
An EMS agency shall participate
in the regional Trauma Triage Plan follow specialty care hospital triage
plans [ for trauma, stroke, and others as recognized by OEMS ]
established in accordance with § 32.1-111.3 of the Code of Virginia.
[ EMS agencies' OMD approved patient care protocols shall have a
triage component consistent with Code of Virginia mandated state specialty care
hospital triage plans. ]
12VAC5-31-400.
Nondiscrimination.
An EMS agency may shall
not discriminate due to a patient's race, gender, creed, color, national origin,
location, medical condition or any other reason.
[ 12VAC5-31-420.
Application for EMS agency license.
A. An applicant for EMS agency
licensure shall file a written application specified by the Office of EMS.
B. The Office of EMS may use
whatever means of investigation necessary to verify any or all information
contained in the application.
C. An ordinance or resolution
from the governing body of each locality where the agency maintains an office,
stations an EMS vehicle for response within a locality or is a Designated
Emergency Response Agency as required by § 15.2-955 of the Code of
Virginia confirming approval. This ordinance or resolution must specify the
geographic boundaries of the agency's primary service area within the locality.
D. The Office of EMS will
determine whether an applicant or licensee is qualified for licensure based
upon the following:
1. An applicant or licensee
must meet the personnel requirements of these regulations.
2. If the applicant is a
company or corporation, as defined in § 12.1-1 of the Code of Virginia, it must
clearly disclose the identity of its owners, officers and directors.
3. An applicant or licensee
must provide information on any previous record of performance in the provision
of emergency medical service or any other related licensure, registration,
certification or endorsement within or outside Virginia.
4. The applicant must submit
a written agreement with the local governing body that states the applicant
agency will assist in mutual aid requests from the local government if EMS
personnel, vehicles, equipment, and other resources are available.
E. An applicant agency and all
places of operation shall be subject to inspection by the Office of EMS for
compliance with these regulations. The inspection may include any or all of the
following:
1. All fixed places of
operations, including all offices, stations, repair shops or training
facilities.
2. All applicable records
maintained by the applicant agency.
3. All EMS vehicles and
required equipment used by the applicant agency. ]
12VAC5-31-430. Issuance of an
EMS agency license.
A. An EMS agency license may
be issued by the Office of EMS provided the following conditions are met:
1. All information contained in
the application is complete and correct; and
2. The applicant is determined
by the Office of EMS to be eligible for licensure in accordance with these
regulations.
[ 3. The applicant is
determined by the Office of EMS to provide emergency medical services to the
citizens of the Commonwealth in accordance with this chapter. ]
B. The issuance of a license
hereunder may not be construed to authorize any agency to operate any emergency
medical services vehicle without a franchise or permit in any county or
municipality which has enacted an ordinance pursuant to § 32.1-111.14 of
the Code of Virginia making it unlawful to do so.
C. An EMS agency license may
include the following information:
1. The name and address of the
EMS agency;
2. The expiration date of the
license;
3. The types of services for
which the EMS agency is licensed; and
4. Any special conditions that
may apply.
D. An EMS agency license will
be issued and remain valid with the following conditions:
1. An EMS agency license is
valid for a period of no longer than two years from the last day of the month
of issuance unless and until revoked or suspended by the Office of EMS commissioner.
2. An EMS agency license is not
transferable.
3. An EMS agency license issued
by the Office of EMS remains the property of the Office of EMS and may not be
altered or destroyed.
[ 12VAC5-31-460. Denial of
an EMS agency license.
A. An application for a new EMS agency license or
renewal of an EMS agency license may be denied by the Office of EMS if the
applicant or agency does not comply with these regulations.
B. An application for a new
agency license or renewal of an EMS agency license shall not be issued by the
Office of EMS to any firm, corporation, agency, organization, or association
that does not intend to provide emergency medical services as part of its
operation to the citizens of the Commonwealth. ]
12VAC5-31-480. Termination of
EMS agency licensure.
A. An EMS agency terminating
service shall surrender the EMS agency license to the Office of EMS.
B. An EMS agency terminating
service shall submit written notice to the Office of EMS at least 90 days in
advance. Written notice of intent to terminate service must verify the
following:
1. Notification of the
applicable OMDs, regional EMS councils or local EMS resource agencies, PSAPs
and governing bodies of each locality served.
2. Termination of all existing
contracts for EMS services, Mutual Aid Agreements, or both.
3. Advertised notice of its
intent to discontinue service has been published in a newspaper of general
circulation in its service area and to be posted on the Office of EMS
section of the Virginia Department of Health's website.
C. Within 30 days following
the termination of service, the EMS agency shall provide written verification
to the Office of EMS of the following:
1. The return of its EMS agency
license and all associated vehicle permits to the Office of EMS.
2. The removal of all signage
or insignia that advertise the availability of EMS to include but not be
limited to facility and roadway signs, vehicle markings and uniform items.
3. The return of all medication
drug kits that are part of a local or regional medication drug
kit exchange program or provision for the proper disposition of medications
drugs maintained under a Board of Pharmacy controlled substance
registration.
4. The maintenance and secure
storage of required agency records and prehospital
patient care reports (PPCRs) for a minimum of five six
years from the date of termination of service.
12VAC5-31-500. Place of
operations.
A. An EMS agency shall
maintain a fixed physical location. Any change in the address of this
location requires the primary business location and any satellite
location require notification to the Office of EMS before relocation of the
office space.
B. Adequate, clean and
enclosed storage space for linens, equipment and supplies shall be provided at
each place of operation.
C. The following sanitation
measures are required at each place of operation in accordance with
standards established by the Centers for Disease Control and Prevention (CDC)
established by the CDC and the Virginia occupational safety and health laws
(Title 40.1-1 40.1 of the Code of Virginia):
1. All areas used for storage
of equipment and supplies shall be kept neat, clean, and sanitary.
2. All soiled supplies and used
disposable items shall be stored or disposed of in plastic bags, covered
containers or compartments provided for this purpose. Regulated waste shall be
stored in a red or orange bag or container clearly marked with a biohazard
label.
12VAC5-31-510. Equipment and
supplies.
A. An EMS agency shall hold
the permit to an EMS vehicle or have a written agreement for the access to and
use of an EMS vehicle. An EMS agency that does not use an EMS vehicle shall
maintain the required equipment and supplies for a nontransport
response vehicle.
B. Adequate stocks of supplies
and linens shall be maintained as required for the classes of vehicles in
service at each place of operations. An EMS agency shall maintain a supply of
at least 75 25 triage tags of a design approved by the Office of
EMS on each permitted EMS vehicle. These tags must be maintained in a
location readily accessible by all agency personnel.
12VAC5-31-520. Storage and
security of medications drugs and related supplies.
A. An area used for storage of
medications drugs and administration devices and a medication
drug kit used on an EMS vehicle shall comply with requirements
established by the Virginia Board of Pharmacy and the applicable drug
manufacturer's recommendations for climate-controlled storage.
B. Medications Drugs
and medication drug kits shall be maintained within their
expiration date at all times.
C. Medications Drugs
and medication drug kits shall be removed from vehicles and
stored in a properly maintained and locked secure area when the vehicle is not
in use unless the ambient temperature of the vehicle's interior medication
drug storage compartment is maintained within the climate requirements
specified in this section.
D. An EMS agency shall notify
the Office of EMS in writing of any diversion of (i.e., loss or theft) or
tampering with any controlled substances, medication drug
delivery devices, or other regulated medical devices from an agency
facility or vehicle. Notification shall be made within 15 days of the discovery
of the occurrence.
E. An EMS agency shall protect
EMS vehicle contents from climate extremes.
12VAC5-31-530. Preparation and
maintenance of records and reports.
An EMS agency is responsible
for the preparation and maintenance of records that shall be available for
inspection by the Office of EMS as follows:
1. Records and reports shall at
all times be stored in a manner to ensure reasonable safety from water and
fire damage and from unauthorized disclosure to persons other than those authorized
by law.
2. EMS agency records shall be
prepared and securely maintained at the principal place of operations or a
secured storage facility for a period of not less than five years.
12VAC5-31-540. Personnel
records.
A. An EMS agency shall have a
current personnel record for each individual affiliated with the EMS agency.
Each file shall contain documentation of certification (copy of EMS
certification, healthcare provider license or EVOC, or both), training and
qualifications for the positions held.
B. An EMS agency shall have a
record for each individual affiliated with the EMS agency documenting the
results of a criminal history background check conducted through the Central
Criminal Records Exchange operated by and the National Crime
Information Center via the Virginia State Police, a driving record
transcript from the individual's state Department of Motor Vehicles office, and
any documents required by the Code of Virginia, no more than 60 days prior
to the individual's affiliation with the EMS agency.
12VAC5-31-560. Patient care
records.
A. An original prehospital patient care report (PPCR) PPCR
shall specifically identify by name the personnel who meet the staffing
requirements of the EMS vehicle.
B. The PPCR shall include the
name and identification number of all EMS Personnel on the EMS vehicle and the
signature of the attendant-in-charge.
C. The required minimum data
set shall be submitted on a schedule established by the Office of EMS as
authorized in § 32.1-116.1 of the Code of Virginia. This requirement for
data collection and submission shall not apply to patient care rendered during
local emergencies declared by the locality's government and states of emergency
declared by the Governor. During such an incident, an approved triage tag shall
be used to document patient care provided unless a standard patient care report
is completed.
12VAC5-31-570. EMS Agency Status
Report.
A. An EMS agency must submit
an "EMS Agency Status Report" to the Office of EMS within 30 days of
a request or change in status of the following:
1. Chief executive officer.
2. Chief of operations.
3. 2. Training officer.
4. 3. Designated infection control officer.
5. Other information as
required.
B. The EMS agency shall
provide the leadership position held, to include title, term of office, mailing
address, home and work telephone numbers and, other available
electronic addresses for each individual, and other information as required.
12VAC5-31-590. Operational
Medical Director requirement.
A. An EMS agency shall have a
minimum of one operational medical director (OMD) who is a licensed physician
holding endorsement as an EMS physician from the Office of EMS.
An EMS agency shall enter into
a written agreement with an EMS physician to serve as OMD with the EMS agency.
This agreement shall at a minimum specify the following responsibilities and
authority:
1. This agreement must describe
the process or procedure by which the OMD or EMS agency may discontinue the
agreement with prior notification of the parties involved in accordance with
these regulations pursuant to 12VAC5-31-1910.
2. This agreement must identify
the specific responsibilities of each EMS physician if an EMS agency has
multiple OMDs.
3. This agreement must specify
that EMS agency personnel may only provide emergency medical care and
participate in associated training programs while acting under with
the authority authorization of the operational medical director's
license director and within the scope of the EMS agency license in
accordance with these regulations.
4. This agreement must provide
for EMS agency personnel to have direct access to the agency OMD in
regards to discussion of issues relating to provision of patient care, application
of patient care protocols or operation of EMS equipment used by the EMS agency.
5. This agreement must ensure
that the adequate indemnification exists or insurance coverage exists
for:
a. Medical malpractice; and
b. Civil liability claims.
B. EMS agency and OMD conflict
resolution.
1. In the event of an unresolved conflict between an EMS
agency and its OMD, the issues involved shall be brought before the regional
EMS council or local EMS resource's medical direction committee (or approved
equivalent) for review and resolution.
2. When an EMS agency determines that the OMD presents
an immediate significant risk to the public safety or health of citizens, the
EMS agency shall attempt to resolve the issues in question. If an immediate
risk remains unresolved, the EMS agency shall contact the Office of EMS for
assistance.
C. Change of operational
medical director.
1. An EMS agency choosing to
secure the services of another OMD shall provide a minimum of 30 days advance
written notice of intent to the current OMD and the Office of EMS.
2. An OMD choosing to resign
shall provide the EMS agency and the Office of EMS with a minimum of 30 days
written notice of such intent.
3. When extenuating
circumstances require an immediate change of an EMS agency's OMD (e.g., death,
critical illness, etc.), the Office of EMS shall be notified by the OMD within
one business day so that a qualified replacement may be approved. In the event
that the OMD is not capable of making this notification, the EMS agency shall
be responsible for compliance with this requirement. Under these extenuating
circumstances, the Office of EMS will make a determination whether the EMS
agency will be allowed to continue its operations pending the approval of a
permanent or temporary replacement OMD.
4. When temporary circumstances
require a short-term change of an EMS agency's OMD for a period not expected to
exceed one year (e.g., military commitment, unexpected clinical conflict,
etc.), the Office of EMS shall be notified by the OMD within 15 days so that a
qualified replacement may be approved.
5. The Office of EMS may delay
implementation of a change in an EMS agency's OMD pending the completion of any
investigation of an unresolved conflict or possible violation of these
regulations or the Code of Virginia.
12VAC5-31-610. Designated
emergency response agency standards.
A. A designated emergency
response agency shall develop or participate in a written local EMS response
plan that addresses the following items:
1. The designated emergency
response agency shall develop and maintain, in coordination with their
locality, a written plan to provide 24-hour coverage of the agency's primary
service area with the available personnel to achieve the approved responding
interval standard.
2. A designated emergency
response agency shall conform to the local responding interval, or in the
absence of a local standard the EMS agency shall develop a standard in
conjunction with OMD and local government in the best interests of the patient
and the community. The EMS agency shall use the response time standard to
establish a time frame the EMS agency complies with on a 90% basis within its
primary service area (i.e., a time frame in which the EMS agency can arrive at
the scene of a medical emergency in 90% or greater of all calls).
a. If the designated
emergency response agency finds it is unable to respond within the established
unit mobilization interval standard, the call shall be referred to the closest
available mutual aid EMS agency.
b. If the designated emergency
response agency finds it is able to respond to the patient location sooner than
the mutual aid EMS agency, the EMS agency shall notify the PSAP of its
availability to respond.
c. If the designated
emergency response agency is unable to respond (e.g., lack of operational
response vehicle or available personnel), the EMS agency shall notify the PSAP.
d. If a designated emergency
response agency determines in advance that it will be unable to respond for
emergency service for a specified period of time, it shall notify its PSAP.
B. A designated emergency
response agency shall have available for review a copy of the local EMS
response plan that shall include the established EMS Responding Interval
standards.
C. A designated emergency
response agency shall document its compliance with the established EMS response
capability, unit mobilization interval, and responding interval standards.
D. A designated emergency
response agency shall document an annual review of exceptions to established
EMS response capability and time interval standards. The results of this review
shall be provided to the agency's operational medical director and local
governing body.
[ 12VAC5-31-650. Temporary
EMS vehicle permit.
A. A temporary EMS vehicle
permit may be issued for a permanent replacement or additional EMS vehicle
pending inspection. A temporary EMS vehicle permit will not be issued for a
vehicle requesting a "reserved" permit.
B. An EMS agency shall file
written application for a temporary permit on forms specified by the Office of
EMS. Submission of this application requires the EMS agency to attest that the
vehicle complies with these regulations.
C. The Office of EMS may
verify any or all information contained in the application before issuance.
D. The procedure for issuance
of a temporary EMS vehicle permit is as follows:
1. An EMS agency requesting a
temporary permit shall submit a completed application for an EMS vehicle permit
attesting that the vehicle complies with these regulations.
2. The Office of EMS may inspect
an EMS vehicle issued a temporary permit at any time for compliance with these
regulations and issuance of an EMS vehicle permit.
E. A temporary EMS vehicle
permit may include but not be limited to the following information:
1. The name and address of the
EMS agency.
2. The expiration date of the
EMS vehicle permit.
3. The classification and type
of the EMS vehicle.
4. The motor vehicle license
plate number of the vehicle.
5. Any special conditions that
may apply.
F. A temporary EMS vehicle
permit will be issued and remain valid with the following conditions:
1. A temporary EMS vehicle
permit is valid for 60 180 days from the end of the month issued.
2. A temporary EMS vehicle
permit is not transferable.
3. A temporary EMS vehicle
permit is not renewable.
4. A temporary EMS vehicle
permit shall be affixed on the vehicle to be readily visible and in a location
and manner specified by the Office of EMS. An EMS vehicle may not be operated
without a properly displayed permit. ]
Article 3
Emergency Medical Services Vehicle Classifications and Requirements
12VAC5-31-700. EMS vehicle
safety.
An EMS vehicle shall be
maintained in good repair and safe operating condition and shall meet the same
motor vehicle, vessel or aircraft safety requirements as apply to all vehicles,
vessels or craft in Virginia:
1. Virginia motor vehicle
safety inspection, FAA Airworthiness Permit or Coast Guard Safety Inspection or
approved equivalent must be current.
2. Exterior surfaces of the
vehicle including windows, mirrors, warning devices and lights shall be kept
clean of dirt and debris.
3. Ground vehicle operating
weight shall be no more than the manufacturer's gross vehicle weight (GVW)
minus 700 pounds (316 kg).
4. Emergency operating
privileges including the use of audible and visible emergency warning devices
shall be exercised in compliance with the Code of Virginia and local motor
vehicle ordinances.
5. Smoking [ Tobacco
The ] use [ of any and all tobacco products ] is prohibited
in [ an ] EMS transport [ vehicle vehicles ] at all times.
6. Possession of a firearm,
weapon, or explosive or incendiary device on any EMS vehicle is prohibited,
except:
a. A sworn law-enforcement
officer authorized to carry a concealed weapon pursuant to § 18.2-308 of the
Code of Virginia.
b. Any rescue line gun or
other rescue device powered by an explosive charge carried on a nontransport response vehicle.
12VAC5-31-710. EMS vehicle
occupant safety.
A. An occupant shall use
mechanical restraints as required by the Code of Virginia. Stretcher
patients shall be secured on the stretcher utilizing a minimum of three straps
unless contraindicated by patient condition.
B. Equipment and supplies in
the patient compartment shall be stored within a closed and latched compartment
or fixed securely in place while not in use.
C. While the vehicle is in
motion, equipment and supplies at or above the level of the patient's head while
supine on the primary ambulance stretcher shall be secured in place to prevent
movement.
12VAC5-31-750. EMS vehicle
warning lights and devices.
An EMS vehicle shall have
emergency warning lights and audible devices as approved by the Superintendent
of Virginia State Police, Virginia Department of Game and Inland Fisheries or
the Federal Aviation Administration (FAA) as applicable.
1. A Ground ground EMS vehicle shall have flashing or blinking
lights installed to provide adequate visible warning from all four sides.
2. A Ground ground EMS vehicle shall have flashing or blinking
red or red and white lights installed on or above the front bumper and below
the bottom of the windshield.
3. An A ground
EMS vehicle shall have an audible warning device installed to project sound
forward from the front of the EMS vehicle.
12VAC5-31-760. EMS vehicle
communications.
A. An EMS vehicle shall have
fixed communications equipment that provides direct two-way voice
communications capabilities between the EMS vehicle, other EMS vehicles of the
same agency, and either the agency's base of operations (dispatch point) or a
governmental public safety answering point (PSAP). This communication
capability must be available within the agency's primary service area or
within a 25-mile radius of its base of operations, whichever is greater.
Service may be provided by private mobile radio service (PMRS) or by commercial
mobile radio service (CMRS), but shall have direct and immediate communications
via push-to-talk technology.
B. An ambulance transporting
outside its primary service area shall have fixed or portable communications
equipment that provides two-way voice communications capabilities between the
EMS vehicle and either the agency's base of operations (dispatch point) or a
governmental public safety answering point (PSAP) PSAP during the
period of transport. Service may be provided by private mobile radio service
(PMRS) or by commercial mobile radio service (CMRS). When operating outside the
agency's primary service area or a 25-mile radius of its base of
operations of routine responsibility or in areas where CMRS is not
available, the requirement for direct and immediate communications via
push-to-talk technology does not apply. This requirement does not apply in
areas where CMRS is not available. If an agency is licensed as a DERA,
it is required to have direct and immediate communications via push-to-talk
technology for either the agency's base of operations, dispatch point, or PSAP
for which the EMS agency vehicle is used for emergency response to the public
in the jurisdiction where a memorandum of understanding or memorandum of
agreement is in place or is contractually obligated to provide emergency
response.
C. An ambulance or an advanced
life support-equipped, nontransport response vehicle
shall have communications equipment that provides two-way voice communications
capabilities between the EMS vehicle's attendant-in-charge and the receiving
medical facilities to which it regularly transports or a designated central
medical control on one or more of the following frequencies:
155.340 MHz (statewide HEAR);
155.400 MHz (Tidewater HEAR);
155.280 MHZ (Inter-Hospital
HEAR);
462.950/467.950 (MED 9 or CALL
1);
462.975/467.975 (MED 10 or CALL
2);
462.950-463.19375/467.950-468.19375
(UHF MED CHANNELS 1-103) 1-10); and
220 MHz, 700MHz, 800MHz, or
900MHz frequency and designated talkgroup or channel
identified as part of an agency, jurisdictional, or regional communications
plan for ambulance to hospital communications.
1. Patient care communications
with medical facilities may not be conducted on the same frequencies or talkgroups as those used for dispatch and on-scene
operations.
2. Before establishing direct
push-to-talk communications with the receiving medical facility or central
medical control, EMS vehicles may be required to dial an access code. Radios in
ambulances or advanced life support-equipped, nontransport
response vehicles must be programmed or equipped with encoding equipment
necessary to activate tone-coded squelched radios at medical facilities to
which they transport on a regular basis.
3. Nothing herein prohibits the
use of CMRS for primary or secondary communications with medical facilities,
provided that the requirements of this section are met.
D. Mutual aid
interoperability. An EMS vehicle must have fixed communications
equipment that provides direct two-way voice communications capabilities
between the EMS vehicle and EMS vehicles of other EMS agencies within the
jurisdiction and those EMS agencies with which it has mutual aid agreements.
Service may be provided by private mobile radio service (PMRS) or by commercial
mobile radio service (CMRS), but requires direct and immediate communications
via push-to-talk technology. This requirement may be met by interoperability on
a common radio frequency or talkgroup, or by fixed or
interactive cross-patching under supervision of an agency dispatch center or
governmental PSAP. The means of communications interoperability must be
identified in any mutual aid agreements required by these regulations and
must comply with the Virginia Interoperability Plan as defined by the
Governor's Office of Commonwealth Preparedness.
E. Air ambulance
interoperability. A nontransport EMS vehicle or
ground ambulance must have fixed communications equipment that provides
direct two-way voice communications capabilities between the EMS vehicle and
air ambulances designated to serve its primary response area by the State
Medevac Plan. An air ambulance must have fixed communications equipment that
provides direct two-way voice communications capabilities between the air
ambulance, other EMS vehicles in its primary response area, and public safety
vehicles or personnel at landing zones on frequencies adopted in accordance
with this section. Radio communications must be direct and immediate via
push-to-talk technology. This requirement may be met by interoperability on a
common radio frequency or talkgroup, or by fixed or
interactive cross-patching under supervision of an agency dispatch center or
governmental PSAP. The frequencies used for this purpose will be those set
forth by an agreement among air ambulance providers and EMS agencies for a
specific jurisdiction or region, and must be identified in agency,
jurisdictional, or regional protocols for access and use of air ambulances. Any
nontransport EMS vehicle or ground ambulance not
participating in such an agreement must be capable of operating on VHF
frequency 155.205 MHz (carrier squelch), which is designated as the Statewide
EMS Mutual Aid Frequency. An air ambulance must be capable of operating on VHF
frequency 155.205 MHz (carrier squelch) in addition to any other frequencies
adopted for jurisdictional or regional interoperability.
F. FCC licensure. An EMS
agency shall maintain appropriate FCC radio licensure for all radio equipment
operated by the EMS agency. If the FCC radio license for any radio frequency
utilized is held by another person, the EMS agency shall have written
documentation on file of their assigned authority to operate on such
frequencies.
G. In-vehicle communications.
An ambulance shall have a means of voice communications (opening, intercom, or
radio) between the patient compartment and operator's compartment.
[ 12VAC5-31-770. Ground EMS
vehicle markings.
A. The vehicle body of a nontransport response vehicle, a ground ambulance or a
neonatal ambulance must be marked with a reflective horizontal band permanently
affixed to the sides and rear of the vehicle body. This horizontal reflective
band must be of a material approved for exterior use, a minimum of four inches
continuous in height.
B. The Star of Life emblem
may appear on an EMS vehicle that conforms to the appropriate U.S. Department
of Transportation specifications for the type and class of vehicle concerned.
If used on any ground ambulance or neonatal ambulance, the emblem (14-inch size
minimum) must appear on both sides of the EMS vehicle.
C. B. The following must appear in permanently
affixed lettering that is a minimum of three inches in height and of a color
that contrasts with the surrounding vehicle background. Lettering must comply
with the restrictions and specifications listed in these regulations.
1. Nontransport
response vehicle. The name of the EMS agency that the vehicle is permitted to
shall appear on both sides of the vehicle body in reflective lettering.
Exception: A designated
emergency response agency must have the approval of the Office of EMS for a
vehicle to display an alternate name.
2. Ground ambulance:
a. The name of the EMS agency
that the vehicle is permitted to must appear on both sides of the vehicle body
in reflective lettering.
Exception: A designated
emergency response agency must have the approval of the Office of EMS for a
vehicle to display an alternate name.
b. The word
"AMBULANCE" in reverse on the vehicle hood or bug deflector.
c. The word
"AMBULANCE" on or above rear doors.
3. Neonatal Ambulance:
a. The name of the EMS agency
to which the vehicle is permitted must appear on both sides of the vehicle body
in reflective lettering.
b. "NEONATAL CARE
UNIT" or other similar designation, approved by the Office of EMS, must
appear on both sides of the vehicle body.
12VAC5-31-790. EMS vehicle
letter restrictions and specifications.
A. The following specifications
apply to an EMS vehicle: the EMS agency name must appear in lettering larger
than any optional lettering on an EMS vehicle, other than
"Ambulance," the unit identification number or any lettering on the
roof. Optional lettering, logos or emblems may not appear on an EMS vehicle in
a manner that interferes with the public's ability to readily identify the EMS
agency to which the EMS vehicle is permitted.
1. Additional lettering, logos
or emblems must not advertise or imply a specified patient care level (i.e.,
Advanced Life Support Unit) unless the EMS vehicle is so equipped at all times.
2. The terms
"Paramedic" or "Paramedical" may only be used when the EMS
vehicle is both equipped and staffed by a state certified EMT-Paramedic Paramedic
at all times.
B. A nontransport
response vehicle with a primary purpose as a fire apparatus or law-enforcement
vehicle is not required to comply with the specifications for vehicle marking
and lettering, provided the vehicle is appropriately marked and lettered to
identify it as an authorized emergency vehicle.
C. An unmarked vehicle
operated by an EMS agency is not eligible for issuance of an EMS vehicle permit
except a vehicle used and operated by law-enforcement personnel. ]
12VAC5-31-800. Nontransport response vehicle specifications.
A. A vehicle maintained and
operated for response to the location of a medical emergency to provide
immediate medical care at the basic or advanced life support level (excluding
patient transport) shall be permitted as a nontransport
response vehicle unless specifically authorized under Part VI
(12VAC5-31-2100 et seq.) of this chapter.
A nontransport
response vehicle may not be used for the transportation of patients except in
the case of a major medical emergency. In such an event, the circumstances of
the call shall be documented.
B. A nontransport
response vehicle must be constructed to provide sufficient space for safe
storage of required equipment and supplies specified in these regulations.
A nontransport
response vehicle used for the delivery of advanced life support must have a
locking storage compartment or approved locking bracket for the security of medications
drugs and medication drug kits. When not in use, medications
drugs and medication drug kits must be kept locked in the
required storage compartment or approved bracket at all times. The EMS agency
shall maintain medications drugs and medication drug
kits as specified in these regulations.
1. Sedan/zone car must have an
approved locking device attached within the passenger compartment or trunk,
inaccessible by the public.
2. Utility vehicle/van must
have an approved locking device attached within the vehicle interior,
inaccessible by the public.
3. Rescue vehicle/fire
apparatus must have an approved locking device attached within the vehicle
interior or a locked compartment, inaccessible by the public.
C. A nontransport
response vehicle must have a motor vehicle safety inspection performed
following completion of conversion and before applying for an EMS vehicle
permit.
12VAC5-31-810. Ground ambulance
specifications.
A. A vehicle maintained and
operated for response to the location of a medical emergency to provide
immediate medical care at the basic or advanced life support level and for the
transportation of patients shall be permitted as a ground ambulance.
B. A ground ambulance must be
commercially constructed and certified to comply with the current federal
specification for the Star of Life ambulance (U.S. General Services
Administration KKK-A-1822 standards) as of the date of vehicle construction,
with exceptions as specified in these regulations.
C. A ground ambulance must be
constructed to provide sufficient space for the safe storage of all required
equipment and supplies. 1. A ground ambulance must have a locking
interior storage compartment or approved locking bracket used for the secure
storage of medications drugs and medication drug
kits that is accessible from within the patient compartment. Medications
Drugs and medication drug kits must be kept in a locked
storage compartment or approved bracket at all times when not in use. The EMS
agency must maintain medications drugs and medication drug
kits as specified in these regulations.
2. Required equipment and
supplies specified in these regulations, excluding those in 12VAC5-31-860 I, J
and K, must be available for access and use from inside the patient
compartment.
12VAC5-31-820. Advanced Life
Support Equipment Package life support equipment package.
A. An EMS agency licensed to
operate nontransport response vehicles or ground
ambulances with ALS personnel shall maintain a minimum of one vehicle equipped
with an ALS equipment package of the highest category licensed. ALS equipment
packages consist of the following categories:
1. ALS – EMT-enhanced equipment
package; and
2. ALS – EMT-intermediate/EMT-paramedic
[ Advanced EMT/EMT-Intermediate/EMT-Paramedic
Advanced-EMT/Intermediate/Paramedic ] equipment package.
B. ALS equipment packages
shall consist of the equipment and supplies as specified in these regulations.
12VAC5-31-830. Neonatal
ambulance specifications.
A. A vehicle maintained and
operated exclusively for the transport of neonatal patients between medical
facilities shall be permitted as a neonatal ambulance. A neonatal ambulance
shall not be used for response to out-of-hospital medical emergencies.
B. A neonatal ambulance must
be commercially constructed and certified to comply with the current U.S.
General Services Administration KKK-A-1822 standards as of the date of vehicle
construction.
C. A neonatal ambulance must
be constructed to provide sufficient space for safe storage of required
equipment and supplies specified in these regulations.
1. A neonatal ambulance must be
equipped to transport two incubators using manufacturer-approved vehicle
mounting devices.
2. A neonatal ambulance must
have an installed auxiliary power unit that is capable of supplying a minimum
of 1.5 Kw of 110VACelectric power. The auxiliary power unit must operate
independent of the vehicle with starter and power controls located in the
patient compartment.
3. A neonatal ambulance must
have a locking interior storage compartment or approved locking bracket used
for the secure storage of medications drugs and medication
drug kits that is accessible from within the patient compartment. Medications
Drugs and medication drug kits must be kept in a locked
storage compartment or approved bracket at all times when not in use. The EMS
agency must maintain medications drugs and medication drug
kits as specified in these regulations.
4. Required equipment and
supplies specified in these regulations must be available for access and use
from inside the patient compartment.
12VAC5-31-840. Air ambulance
specifications. (Repealed.)
A. An aircraft maintained
and operated for response to the location of a medical emergency to provide
immediate medical care at the basic or advanced life support level and for the
transportation of patients shall be permitted as an air ambulance.
B. An air ambulance must be
commercially constructed and certified to comply with the current U.S. Federal
Aviation Administration standards as of the date of aircraft construction. An
air ambulance must be constructed to provide sufficient space for safe storage
of required equipment and supplies specified in these regulations.
C. Required equipment and
supplies specified in these regulations, excluding those in 12VAC5-31-860 I and
J, must be available for access and use from inside the patient compartment. A
rotary wing air ambulance must be equipped with a 180-degree controllable
searchlight of at least 400,000 candle power.
12VAC5-31-860. Required vehicle
equipment.
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A.
A nontransport vehicle shall carry the following:
1. Basic life support
equipment.
a. Automated external
defibrillator (AED) with two sets of patient pads. This may be a combination
device that also has manual defibrillation capability (1).
b. Pocket mask or disposable
airway barrier device with one-way valve (2).
c. Oropharyngeal
airways set of six, nonmetallic in infant, child, and adult sizes ranging from
43mm to 100mm (sizes 0-5) (1 each).
d. Nasopharyngeal airways
set of four, varied sizes, with water soluble lubricant (1).
e. Self-inflating
bag-valve-mask resuscitation with oxygen reservoir in adult size with
transparent mask in adult and child sizes (1).
f.
Self-inflating bag-valve-mask resuscitation with oxygen reservoir in infant
size with transparent masks in infant size (1).
2. Oxygen apparatus.
a. Portable oxygen unit
containing a quantity of oxygen sufficient to supply the patient at the
approximate flow rate for the period of time it is anticipated oxygen will be
needed but not less [ that
than ] 10 liters per minute for 15 minutes. The unit must be
capable of being manually controlled and have an appropriate flowmeter (1).
b. High concentration oxygen
masks, 80% or higher delivery, in child and adult sizes. These masks must be
made of single use soft see-through plastic or rubber (2 each).
c. Oxygen nasal cannula in
child and adult sizes. This cannula must be made of single use soft see-through
plastic or rubber (2 each).
3.
Suction apparatus.
a. Battery powered portable
suction apparatus. A manually powered device does not meet this requirement
(1).
b. Suction catheters that
are sterile, individually wrapped, disposable, and made of rubber or plastic in
sizes as follows: Rigid tonsil tip, FR18, FR14, FR8 and FR6 (2 each).
4. Patient assessment equipment.
a. Stethoscope in adult size
(1).
b. Stethoscope in pediatric
size (1).
c. Sphygmomanometer in
child, adult, and large adult sizes (1 each).
d. Vinyl triage tape rolls
of red, black, green, and yellow (1 each).
e. 25 OEMS approved triage
tags.
f. Penlight (1).
g. Medical protocols (1).
5. Dressing and supplies.
a. First aid kit of durable
construction and suitably equipped. The contents of this kit may be used to
satisfy these supply requirements completely or in part (1).
b. Trauma dressings, a minimum
of 8" x 10" - 5/8 ply when folded, sterile and individually wrapped
(4).
c. 4" x 4" gauze
pads, sterile and individually wrapped (24).
d. Occlusive dressings,
sterile 3" x 8" or larger (4).
e. Roller or conforming
gauze of assorted widths (12).
f. Cloth triangular
bandages, 36" x 36" x 51", triangle unfolded (10).
g. Medical adhesive tape,
rolls of 1" and 2" (4).
h. Trauma scissors (1).
i. Emesis basin containers or equivalents (2).
j. Sterile normal saline for
irrigation, 1000 ml containers (or equivalent volume in other container sizes)
(1).
k. Oral glucose (1).
6. Obstetrical kit [ (1) (one) ]. It
must contain the following:
a. Pairs of sterile surgical
gloves (2).
b. Scissors or other cutting
instrument (1).
c. Umbilical cord ties
(10" long) or disposable cord clamps (4).
d. Sanitary pads (1).
e. Cloth or disposable hand
towels (2).
f. Soft-tipped bulb syringe
(1).
7. Personal protection
equipment.
a. Waterless antiseptic hand
wash (1).
b. Exam gloves, nonsterile, pairs in sizes small though extra
large (5 each).
c. Disposable gowns or
coveralls, each in assorted sizes if not one size fits all style (2).
d. Face shield or eyewear
(2).
e. Infectious waste trash
bags (2).
8. Linen and bedding.
a. Towels, cloth (2).
b. Blankets (2).
9. Splints and immobilization
devices.
Rigid cervical collars in
sizes small adult, medium adult, large adult, and pediatric (2 each). If
adjustable type collars are used, then a minimum of three are sufficient.
10. Safety equipment.
a. "D" cell [ battery ] or larger flashlight
(1).
b. Five-pound Class ABC or
equivalent fire extinguisher securely mounted in the vehicle in a quick release
bracket (1).
c. Safety apparel (2).
d. Sharps container (1).
11. Tools and hazard warning
devices.
a. Adjustable wrench,
10" (1).
b. Screwdriver, regular #1
size blade (1).
c. Screwdriver, Phillips #1
size blade (1).
d. Spring loaded center
punch (1).
e. Hazard warning devices
such as a reflective cone, triangle, or approved equivalent (3 each).
f. Current USDOT approved
Emergency Response Guidebook (1).
B. A ground ambulance shall
carry the following:
1. Basic life support
equipment.
a. Automated external
defibrillator (AED) with two sets of patient pads. This may be a combination
device that also has manual defibrillation capability (1).
b. Pocket mask or disposable
airway barrier device with one-way valve (2).
c. Oropharyngeal
airways set of six, nonmetallic in infant, child, and adult sizes ranging from
43mm to 100mm (sizes 0-5) (1 each).
d. Nasopharyngeal airways
set of four, varied sizes, with water soluble lubricant (1).
e. Self-inflating
bag-valve-mask resuscitation with oxygen reservoir in adult size with
transparent mask in adult and child sizes (1 each).
f. Self-inflating
bag-valve-mask resuscitation with oxygen reservoir in infant size with
transparent masks in infant size (1).
2.
Oxygen apparatus.
a. Portable oxygen unit
containing a quantity of oxygen sufficient to supply the patient at the
approximate flow rate for the period of time it is anticipated oxygen will be
needed but not less [ that than ]
10 liters per minute for 15 minutes. The unit must be capable of being
manually controlled and have an appropriate flowmeter
(1).
b. Installed oxygen system
containing a sufficient quantity of oxygen to supply two patient flowmeters at the appropriate flow rate for the period of
time it is anticipated oxygen will be needed but not less [ that than ] 10
liters per minute for 30 minutes. This unit must be capable of being manually
controlled, have two flowmeters, and have an
attachment available for a single-use humidification device (1).
c. High concentration oxygen
masks, 80% or higher delivery, in child and adult sizes. These masks must be
made of single use soft see-through plastic or rubber (4 each).
d. Oxygen nasal cannula in
child and adult sizes. This cannula must be made of single use soft see-through
plastic or rubber (4 each).
3. Suction apparatus.
a. Battery powered portable
suction apparatus. A manually powered device does not meet this requirement
(1).
b. Installed suction
apparatus capable of providing a minimum of 20 minutes of continuous operation
(1).
c. Suction catheters that
are sterile, individually wrapped, disposable, and made of rubber or plastic in
sizes as follows: Rigid tonsil tip, FR18, FR14, FR8 and FR6 (2 each).
4. Patient assessment
equipment.
a. Stethoscope in adult size
(2).
b. Stethoscope in pediatric
size (1).
c. Sphygmomanometer in
child, adult, and large adult sizes (1 each).
d. Vinyl triage tape rolls
of red, black, green, and yellow (1 each).
e. 25 OEMS approved triage
tags.
f. Penlight (1).
g. Medical protocols (1).
5. Dressing and supplies.
a. First aid kit of durable
construction and suitably equipped. The contents of this kit may be used to
satisfy these supply requirements completely or in part (1).
b. Trauma dressings, a
minimum of 8" x 10" - 5/8 ply when folded, sterile and individually
wrapped [ (4) (four) ].
c. 4" x 4" gauze
pads, sterile and individually wrapped (24).
d. Occlusive dressings,
sterile 3" x 8" or larger (4).
e. Roller or conforming
gauze of assorted widths (12).
f. Cloth triangular
bandages, 36" x 36" x 51", triangle unfolded (10).
g. Medical adhesive tape,
rolls of 1" and 2" (4).
h. Trauma scissors (1).
i. Alcohol preps (12).
j. Emesis basin containers
or equivalents (2).
k. Sterile normal saline for
irrigation, 1000 ml containers (or equivalent volume in other container sizes)
(4).
l. Oral glucose (2).
6. Obstetrical kit (2). It
must contain the following:
a. Pairs of sterile surgical
gloves (2).
b. Scissors or other cutting
instrument (1).
c. Umbilical cord ties
(10" long) or disposable cord clamps (4).
d. Sanitary pads (1).
e. Cloth or disposable hand
towels (2).
f. Soft-tipped bulb syringe
(1).
7. Personal protection
equipment.
a. Waterless antiseptic hand
wash (1).
b. Exam gloves, nonsterile, pairs in sizes small though extra
large (10 each).
c. Disposable gowns or
coveralls, each in assorted sizes if not one size fits all style (4).
d. Face shield or eyewear
(4).
e. Infectious waste trash
bags (4).
8. Linen and bedding.
a. Towels, cloth (2).
b. Pillows (2).
c. Pillow cases (2).
d. Sheets (4).
e. Blankets (2).
f. Male urinal (1).
g. Bedpan with toilet paper
(1).
9. Splints and
immobilization devices.
a. Rigid cervical collars in
sizes small adult, medium adult, large adult, and pediatric [ (2 (3 ] each). If
adjustable type collars are used, then a minimum of three are sufficient.
b. Traction splint with
ankle hitch and stand in adult and pediatric size (1 each) or an equivalent
traction splint device capable of adult and pediatric application.
c. Padded board splints or
equivalent for splinting fractures of the upper extremities (2).
d. Padded board splints or
equivalent for splinting fractures of the lower extremities (2).
e. Long spine boards
16" x 72" minimum size with at least four appropriate restraint
straps, cravats, or equivalent restraint devices for each spine board (2).
f. Short spine board
16" x 34" minimum size or equivalent spinal immobilization devices
(1).
g. Pediatric immobilization
device (1).
h. Cervical immobilization
devices (i.e., set of foam blocks, towels or other approved materials) (2).
10. Safety equipment.
a. Wheeled ambulance cot
with a minimum 350 lb. capacity, three restraint straps, and the
manufacturer-approved vehicle mounting device (1).
b. "D" cell [ battery ] or larger flashlight
(2).
c. Five-pound Class ABC or
equivalent fire extinguisher securely mounted in the vehicle in a quick release
bracket. One must be accessible to the patient compartment (2).
d. Safety apparel (2).
e. Sharps container, mounted
or commercially secured (1).
f. "No Smoking"
sign located in the patient compartment (1).
11. Tools and hazard warning
devices.
a. Adjustable wrench,
10" (1).
b. Screwdriver, regular #1
size blade (1).
c. Screwdriver, Phillips #1
size blade (1).
d. Spring loaded center
punch (1).
e. Hazard warning device
(i.e., reflective cone, triangle, or approved equivalent) (3 total).
f. Current USDOT approved
Emergency Response Guidebook (1).
C. A neonatal ambulance
shall carry the following:
1. Basic life support
equipment.
a. Pocket mask or disposable
airway barrier device with one-way valve (2).
b. Oropharyngeal
airways set of six, nonmetallic in infant, child, and adult sizes ranging from
43mm to 100mm (sizes 0-5) (2 each).
c. Nasopharyngeal airways
set of four, varied sizes, with water soluble lubricant (1).
d. Self-inflating
bag-valve-mask resuscitation with oxygen reservoir in adult size with
transparent mask in adult size (1).
e. Self-inflating
bag-valve-mask resuscitation with oxygen reservoir in child size with
transparent masks in child size (1).
f. Self-inflating
bag-valve-mask resuscitation with oxygen reservoir in infant size with
transparent masks in infant size (1).
2. Oxygen apparatus.
a. Portable oxygen unit
containing a quantity of oxygen sufficient to supply the patient at the
approximate flow rate for the period of time it is anticipated oxygen will be
needed but not less [ that
than ] 10 liters per minute for 15 minutes. The unit must be
capable of being manually controlled and have an appropriate flowmeter (1).
b. Installed oxygen system
containing a sufficient quantity of oxygen to supply two patient flowmeters at the appropriate flow rate for the period of
time it is anticipated oxygen will be needed but not less [ that than ] 10
liters per minute for 30 minutes. This unit must be capable of being manually
controlled, have two flowmeters, and have an
attachment available for a single-use humidification device (1).
c. High concentration oxygen
masks, 80% or higher delivery, in child and adult sizes. These masks must be
made of single use soft see-through plastic or rubber (4 each).
d. Oxygen nasal cannula in
child and adult sizes. This cannula must be made of single use soft see-through
plastic or rubber (4 each).
3. Suction apparatus.
a. Battery-powered portable
suction apparatus. A manually powered device does not meet this requirement
(1).
b. Installed suction
apparatus capable of providing a minimum of 20 minutes of continuous operation
(1).
c. Suction catheters that
are sterile, individually wrapped, disposable, and made of rubber or plastic in
sizes as follows: Rigid tonsil tip, FR18, FR14, FR8 and FR6 (2 each).
4. Patient assessment
equipment.
a. Stethoscope in adult size
(1).
b. Stethoscope in pediatric
size (1).
c. Stethoscopes in infant
and neonate sizes (2 each).
d. Sphygmomanometer in
child, adult, and large adult sizes (1 each).
e. Sphygmomanometer in
infant size (2).
5. Dressing and supplies.
a. First aid kit of durable
construction and suitably equipped. The contents of this kit may be used to
satisfy these supply requirements completely or in part (1).
b. Trauma dressings, a
minimum of 8" x 10" - 5/8 ply when folded, sterile and individually
wrapped (4).
c. 4" x 4" gauze
pads, sterile and individually wrapped (24).
d. Occlusive dressings,
sterile 3" x 8" or larger (4).
e. Roller or conforming
gauze of assorted widths (12).
f. Medical adhesive tape,
rolls of 1" and 2" (4).
g. Trauma scissors (1).
h. Alcohol preps (12).
i. Emesis basin containers or equivalents (2).
j. Sterile normal saline for
irrigation, 1000 ml containers (or equivalent volume in other container sizes)
(4).
6. Obstetrical kit (2). It
must contain the following:
a. Pairs of sterile surgical
gloves (2).
b. Scissors or other cutting
instrument (1).
c. Umbilical cord ties
(10" long) or disposable cord clamps (4).
d. Sanitary pads (1).
e. Cloth or disposable hand
towels (2).
f. Soft-tipped bulb syringe
(1).
7. Personal protection
equipment.
a. Waterless antiseptic hand
wash (1).
b. Exam gloves, nonsterile, pairs in sizes small though extra
large (10 each).
c. Disposable gowns or
coveralls, each in assorted sizes if not one size fits all style (4).
d. Face shield or eyewear
(4).
e. Infectious waste trash
bags (4).
8. Linen and bedding.
a. Towels, cloth (2).
b. Sheets (4).
c. Blankets (2).
9. Splints and
immobilization devices.
a. Rigid cervical collars in
sizes small adult, medium adult, large adult, and pediatric (2 each). If
adjustable type collars are used, then a minimum of three are sufficient.
b. Pediatric immobilization
device (1).
10. Safety equipment.
a. "D" cell [ battery ] or larger flashlight
(2).
b. Five-pound Class ABC or
equivalent fire extinguisher securely mounted in the vehicle in a quick release
bracket. One must be accessible to the patient compartment (2).
c. Safety apparel (2).
d. Sharps container, mounted
or commercially secured (1).
e. "No Smoking"
sign located in the patient compartment (1).
11. Tools and hazard warning
devices.
a. Adjustable wrench,
10" (1).
b. Screwdriver, regular #1
size blade (1).
c. Screwdriver, Phillips #1
size blade (1).
d. Spring loaded center
punch (1).
e. Hazard warning devices
(reflective cone, triangle or approved equivalent) (3 each).
f. Current USDOT approved
Emergency Response Guidebook (1).
D. Advanced life support
equipment package.
1. [ EMT-enhanced EMT-Enhanced ] package.
a. Drug kit with all
controlled drugs authorized for use by the EMS agency's EMT-Enhanced personnel
and other appropriately certified advanced level personnel. The drug kit may
contain additional drugs if the kit is a standardized box utilized by multiple
EMS agencies operating under a joint drug exchange program (1).
b. Assorted intravenous,
intramuscular, subcutaneous, and other drug delivery devices and supplies as
specified by the agency OMD (1).
2. [ Advanced EMT/EMT-Intermediate/Paramedic
Advanced-EMT/Intermediate/Paramedic ] package.
a. Electrocardiogram (ECG)
monitor and manual defibrillator capable of synchronized cardioversion
and noninvasive external pacing with capability for monitoring and
defibrillating adult and pediatric patients (1).
b. ECG monitoring electrodes
in adult and pediatric sizes as required by device used. (2 [ set sets ] each).
c. Defibrillation and pacing
electrodes in adult and pediatric sizes as required by device used (2 [ set sets ] each).
d. Drug kit with all
controlled drugs authorized for use by the EMS agency's Advanced EMT, [ EMT-Intermediate Intermediate ],
[ EMT-Paramedic Paramedic ] and other
authorized licensed personnel. The drug kit may contain additional drugs if the
kit is a standardized box utilized by multiple EMS agencies operating under a
joint drug exchange program (1).
e. Assorted intravenous,
intramuscular, subcutaneous, and other drug delivery devices and supplies as
specified by the agency OMD (1).
f. Pediatric assessment
guides.
3. Neonatal ambulance.
a. ECG monitor and manual
defibrillator capable of synchronized cardioversion
and noninvasive external pacing with capability for monitoring and
defibrillating adult and pediatric patients (1).
b. ECG monitoring electrodes
in infant size as required by device used (2 sets).
c. Defibrillation and pacing
electrodes in adult and pediatric sizes as required by device used (2 [ set sets ] each).
d. Drug kit with all
controlled drugs authorized for use by the EMS agency's Advanced EMT, [ EMT-Intermediate Intermediate ],
[ EMT-Paramedic Paramedic ] and other
authorized licensed personnel. The drug kit may contain additional drugs if the
kit is a standardized box utilized by multiple EMS agencies operating under a
joint drug exchange program (1).
e. Assorted intravenous,
intramuscular, subcutaneous, and other drug delivery devices and supplies as
specified by the agency OMD (1).
4. Advanced airway equipment
(EMT-Enhanced, Advanced EMT, [ EMT-Intermediate/Paramedic
Intermediate/Paramedic ] package).
a. Secondary airway device
(e.g., combitube type or supra-glottic
devices) or laryngeal mask airway (LMA)
[ (1) (one) ].
b. Intubation kit to include
all of the following items as indicated:
(1) Laryngoscope handle with
two sets of batteries, adult and pediatric blades in sizes 0-4 (1 set each).
(2) Magill forceps in adult
and pediatric sizes (1 each).
(3) Single use disposable
endotracheal tubes in sizes 8.0, 7.0, 6.0, 5.0, 4.0, 3.0, and 2.5m or
equivalent sizes (2 each).
(4) Rigid adult stylettes (2).
(5) 10 cc disposable
syringes (2).
(6) 5 ml of water soluble
surgical lubricant (1).
(7) Secondary confirmation
device such as esophageal detection devices, colorimetric evaluation devices,
or equivalent (2).
5. Advanced airway neonatal
equipment. Intubation kit to include all of the following items as indicated:
a. Laryngoscope handle with
two sets of batteries, blades in sizes 0-1 (1 set each).
b. Single-use disposable
endotracheal tubes in sizes 4.0, 3.0, and 2.5mm or equivalent sizes (2 each).
c. 10 cc disposable syringes
(2).
d. 5 ml of water soluble
surgical lubricant (1).
e. Secondary confirmation
device such as esophageal detection devices, colorimetric evaluation devices,
or equivalent (2).
Article 4
Air Medical Regulations, Rotor and Fixed Wing Operations
12VAC5-31-870 to
12VAC5-31-890. [Reserved] Application for agency licensure.
A. General provisions. Air
medial public service agencies will meet or exceed Federal Aviation Regulations,
14 CFR Part 91, and commercial operators will meet or exceed 14 CFR Part
135.
B. Interruption of service
(rotor wing only). The air medical service shall notify the Office of EMS of
temporary discontinuation of service from any base expected to last 24 hours or
greater.
12VAC5-31-875. Operations and
safety.
Operational policies must
be present to address the following areas pursuant to medical flight personnel:
1. Hearing protection.
2. Protective clothing and
dress codes relative to:
a. Mission type; and
b. Infection control.
3. Flight status during
pregnancy.
4. Flight status during
acute illness.
5. Flight status while
taking medications.
12VAC5-31-880. [Reserved]
Air medical service personnel classifications.
Air medical service
personnel classifications are as follows:
1. Air medical crew
(rotary).
a. A pilot-in-command in
accordance with current [ FAA
Federal Aviation Administration (FAA) ] requirements.
b. An attendant-in-charge
shall be an air medical specialist who must be one of the following:
(1) [ A physician Physician ];
(2) [ A registered Registered ] nurse or physician assistant
[ , ] licensed for a minimum of two years with specialized
air medical training and possessing the equivalent [ skills of
an Emergency Medical Technician-Paramedic training as identified in
12VAC5-31-885 ];
(3) [ An Emergency Medical
Technician-Paramedic Paramedic ], certified for a
minimum of two years with specialized air medical training; or
(4) [ Any other Other ]
health care personnel with equivalent training or experience as approved by
the Office of EMS.
c. An attendant shall [ be at a minimum a certified
EMT-Paramedic have specialized air training as identified in
12VAC5-31-885 ].
2. Air medical crew (fixed
wing).
a. A pilot-in-command in accordance
with current FAA requirements.
b. An attendant-in-charge
shall be an air medical specialist who shall be one of the following:
(1) A physician;
(2) A registered nurse or
physician assistant licensed for a minimum of two years with specialized air
medical training;
(3) An [ Emergency Medical Technician
emergency medical technician ] certified for a minimum of two years
with specialized air medical training; or
(4) Any other health care
personnel with equivalent training or experience as approved by the Office of
EMS.
c. An attendant shall be [ an Emergency Medical
Technician-Paramedic a Paramedic ] or an equivalent
approved by the Office of EMS.
3. Specialty care mission
providers.
a. The agency shall have in
place policies that identify the crew composition for each specialty mission
type that it is willing to perform and are consistent with industry standards.
These policies shall be approved by the agency OMD and have a method of
continuously monitoring adherence to those policies.
b. The specialty care team
must minimally consist of a physician, registered nurse or other [ specialist specialists ]
as the primary caregiver whose expertise must be consistent with the needs
of the patient, per the agency's policy required in subdivision 3 a of this section.
c. All specialty care team
members must have received an orientation to the air medical service [ which that ] includes
(i) in-flight treatment protocols, (ii) general
aircraft safety and emergency procedures, (iii) operational policies,
[ and ] (iv) infection control, [ and
(v) ] altitude physiology [ , and emergency
procedures ] annually.
d. Specialty care mission
personnel must be accompanied by at least one regularly scheduled air medical
staff member of the air medical service.
4. Staffing for specific
mission types.
a. Prehospital
scene responses - consists of the pilot-in-command, attendant-in-charge who
shall be [ an
EMT-Paramedic a Paramedic ] and an attendant.
b. Inter-facility
transports.
(1) ALS - consists of the
pilot-in-command, attendant-in-charge, and an attendant.
(2) For fixed wing, the
attendant may be a BLS provider.
(3) Critical care - consists
of the pilot-in-command, attendant-in-charge, and an attendant. A member of the
medical crew shall be a physician, physician assistant, or a registered nurse.
12VAC5-31-885. Training.
A. The air medical agency
shall have a planned and structured program in which all medical transport
personnel must participate. Competency and currency must be ensured and
documented through relevant continuing education programs or certification
programs listed in this section. Training and continuing education programs
will be guided by each air medical transport service's mission statement and
medical direction. Measurable objectives shall be developed and documented for
each experience.
B. Pilot initial training
requirements. In addition to FAA requirements pilots must have the following:
1. Orientation to the
hospital or health care system associated with the air medical service.
2. Orientation to infection
control, medical systems installed on the aircraft, and patient loading and
unloading procedures.
3. Orientation to the EMS
and public service agencies unique to the specific coverage area (fixed wing
excluded).
C. Registered nurse
training requirements.
1. Valid unrestricted
license to practice nursing in Virginia.
2. Cardio-Pulmonary
Resuscitation (CPR) - documented evidence of current CPR certification
according to the American Heart Association (AHA) standards or equivalent as
approved by OEMS.
3. Advanced Cardiac Life
Support (ACLS) - documented evidence of current ACLS according to the AHA or
equivalent as approved by OEMS.
4. Pediatric Advanced Life
Support (PALS) - documented evidence of current PALS or equivalent education.
5. Neonatal Resuscitation
Program (NRP) - documented evidence of current NRP according to the AHA or
American Academy of Pediatrics (AAP) or equivalent education within one year of
hire. (fixed wing, mission specific).
6. [ EMT-B EMT ] or
equivalent education within six months of hire (fixed wing excluded).
D. Paramedic training
requirements.
1. Valid Virginia Paramedic
certification.
2. CPR - documented evidence
of current CPR certification according to the AHA standards or equivalent as
approved by OEMS.
3. ACLS - documented
evidence of current ACLS certification according to the AHA or equivalent as
approved by OEMS.
4. PALS - documented
evidence of current PALS or equivalent education.
5. NRP - documented evidence
of current NRP according to the AHA or AAP or equivalent education. (fixed
wing, mission specific).
E. Minimum initial training
for air medical crew members.
1. Didactic component of
initial education - shall be specific for the mission statement and scope of
care of the medical transport service. Measurable objectives shall be developed
and documented for each experience by the program.
Minimum training for all air
medical crew members, including the OMD, shall include:
a. Altitude physiology and
stressors of flight.
b. Air medical resource
management.
c. Aviation - aircraft
orientation, safety, in-flight procedures, and general aircraft safety
including depressurization procedures for fixed wing.
d. Cardiology.
e. Disaster and triage.
f. EMS radio communications.
g. Hazardous materials
recognition and response.
h. External pacemakers,
automatic implantable cardiac defibrillator (AICD), and central lines.
i. High risk obstetric emergencies (bleeding, medical,
trauma).
j. Infection control.
k. Mechanical ventilation
and respiratory physiology for adult, pediatric, and neonatal patients as it
relates to the mission statement and scope of care of the medical transport
service specific to the equipment.
l. Metabolic or endocrine
emergencies.
m. Multi-trauma (adult
trauma and burns).
n. Neuro.
o. Pediatric medical
emergencies.
p. Pediatric trauma.
q. Pharmacology (specialty
application).
r. Quality management -
didactic education that supports the medical transport services mission
statement and scope of care of the medical transport service.
s. Respiratory emergencies.
t. Scene management, rescue
and extrication.
u. Survival training.
v. Toxicology.
2. Additional training for
critical care air medical crew members, including paramedics, RNs, MDs, and the
air medical services OMD shall include within their mission profile:
a. Hemodynamic monitoring.
b. Intra-aortic balloon
pump.
c. Pulmonary and arterial
catheters.
d. Ventricular assist
devices.
e. Extracorporeal membrane
oxygenation (ECMO).
3. Clinical component of
initial education. Clinical experiences shall include the following points
(experiences shall be specific to the mission statement and scope of care of
the medical transport service). Measurable objectives shall be developed and
documented for each experience listed below reflecting hands-on experience
versus observation only (fixed wing excluded).
a. Advanced airway
management.
b. Basic care for
pediatrics, neonatal and obstetrics.
c. Critical care.
d. Emergency care.
e. Invasive procedures on
mannequin equivalent for practicing invasive procedures.
f. Pediatric critical care.
g. Prehospital
care.
4. Annual continuing
education requirements. Continuing education or staff development programs
shall include reviews or updates for all air medical crew members and the
agency OMD on the following areas:
a. Aviation safety issues.
b. Altitude physiology.
c. Air medical resource
management.
d. Hazardous materials
recognition and response.
e. Invasive procedures labs.
f. Management of emergency
or critical care adults, pediatric, and neonatal patients (medical and trauma).
g. Survival training.
12VAC5-31-890. [ Reserved ]
Equipment.
A. Aircraft equipment.
1. General aircraft
inspection requirements.
a. Current FAA documented
compliance.
b. Current EMS permit
posted.
c. Interior and supplies
clean and sanitary.
d. Exterior clean.
e. Equipment in good working
order.
f. Current USDOT Emergency
Response Book.
2. Aircraft warning devices.
180 degree controllable
searchlight 400,000 candle power (fixed wing excluded).
3. Design and dimensions.
a. All interior edges and
corners padded.
b. Surfaces easily cleaned
and nonstainable.
c. Security restraints for
stretcher to aircraft.
d. Climate controlled
environment for operator and patient care compartments.
e. The service's mission and
ability to transport two or more patients shall not compromise the airway or
stabilization or the ability to perform emergency procedures on any on-board
patient.
4. Aircraft markings.
a. Lettering is minimum
three inches in height.
b. Name of agency aircraft
is permitted on both sides, three inches in height, contrasting color.
5. Aircraft communications.
a. The aircraft shall be
equipped with a functioning emergency locator transmitter (ELT).
b. Attendant-in-charge to
medical control (fixed wing excluded).
c. Patient compartment to
pilot.
d. The pilot must be able to
control and override radio transmissions from the cockpit in the event of an
emergency situation.
e. The flight crew must be
able to communicate internally.
f. Cellular phones may not
be used to satisfy these requirements.
6. Aircraft safety
equipment.
a. Head strike envelope -
Helmets shall be worn by all routine flight crews and scheduled specialty
teams.
b. Seatbelts for all
occupants.
c. Flashlight.
d. Fire extinguisher mounted
in a quick release bracket or other FAA approved fire suppression system.
e. All items secured to
prevent movement while the air ambulance is in motion.
f. "No Smoking"
sign posted.
g. The aircraft shall be
equipped with survival gear specific to the coverage area and the number of
occupants.
h. Survival kit to include
signaling capabilities and shelter.
i. Safety apparel. (3 minimum)
j. All items shall be
capable of being secured.
B. Medical equipment. Any
in-service air ambulance shall be configured in such a way that the medical
transport personnel can provide patient care consistent with the mission
statement and scope of care of the medical transport service.
1. General patient care
equipment.
a. A minimum of one
stretcher shall be provided that can be carried to the patient and properly
secured to the aircraft [ as
defined in FAR 27.785 ].
(1) The stretcher shall be
age appropriate and full length in the supine position.
(2) The stretcher shall be
sturdy and rigid enough that it can support cardiopulmonary resuscitation. If a
backboard or equivalent device is required to achieve this, such device will be
readily available. (1)
(3) The head of the
stretcher shall be capable of being elevated for patient care and comfort.
b. Biohazard container for
contaminated sharp objects (ALS), secured or mounted. (1)
c. Waterless antiseptic hand
wash. (1)
d. Exam gloves, nonsterile, pairs in sizes small through extra large (small, medium, large, and extra
large), if not one size fits all. (5)
e. Face shield or eyewear.
(2)
f. Infectious waste trash
bags. (2)
g. Linen: towels, blankets,
and sheets. (2 each)
2. Basic life support air
ambulance equipment requirements.
a. Roller or conforming
gauze of assorted widths. (12)
b. Medical adhesive tape,
rolls of 1" and 2". (4)
c. Trauma scissors. (1)
d. Trauma dressings, minimum
of 8" x 10"-5/8 ply, sterile, individually wrapped. (2)
e. Sterile 4" x 4"
gauze pads, individually wrapped. (10)
f. Occlusive dressings,
sterile 3" x 8" or larger. (2)
g. Oropharyngeal
airways, one of each sizes 0-5 wrapped or in closed container. (1 set)
h. Nasopharyngeal airways
set of four, varied sizes, with water soluble lubricant. (1 set)
i. Bag valve mask with oxygen attachment, adult size,
with transparent mask. (1)
j. Bag valve mask with
oxygen attachment, child size, with transparent mask. (1)
k. BVM infant mask. (1)
l. Pocket mask. (1)
m. Portable O2
unit containing a quantity of oxygen sufficient to supply the patient at the
appropriate flow rate for the period of time it is anticipated oxygen will be
needed but not less than 10 liters per minute for 15 minutes. The unit must be
manually controlled and have an approved flow meter.
n. Installed oxygen system
containing a sufficient quantity of oxygen to supply two patient flowmeters at the approximate flow rate for the period of
time it is anticipated oxygen will be needed, but not less than 10 liters per
minute for 30 minutes. This unit must be capable of being manually controlled,
have two flowmeters, and have an attachment available
for a single use humidification device.
o. O2 high
concentrate mask and cannula, child and adult. (2 each)
[ p. Pocket mask.
(1)
q. p. ] Installed
suction apparatus capable of providing a minimum of 20 minutes of continuous
operation. (1)
[ r. q. ]
Battery powered portable suction apparatus. A manually powered device does
not meet this requirement. (1)
[ s. r. ]
Suction catheters, wrapped, rigid tonsil tip, FR18, FR14, FR8 and FR6. (2
each)
[ t. s. ]
Stethoscope, adult, and pediatric sizes. (1 each)
[ u. t. ]
BP cuff, pediatric, adult, and large adult. (1 each)
[ v. u. ]
Obstetrics kit containing sterile surgical gloves (2 pair), scissors or
other cutting instrument (1), umbilical cord ties (10" long) or disposable
cord clamps (4), sanitary pad (1), cloth or disposable hand towels (2), and
soft tip bulb syringe (1).
[ w. v. ]
Emesis basin or equivalent container. (2)
[ x. w. ]
Removable stretcher or spine board with a minimum of 3 restraint straps and
manufacturer approved aircraft mounting device. (1)
[ x. Removable
stretcher or spine board with a minimum of 3 restraint straps and manufacturer
approved aircraft mounting device. (1)
y. x. ] Rigid
cervical collars in small adult, medium adult, large adult, and pediatric sizes
(1 each). If adjustable adult collars are utilized, a minimum of three.
[ z. y. ]
Cervical immobilization device. (1)
[ aa.
z. ] Pediatric immobilization device. (1)
[ bb. aa. ] Immobilization
devices for upper and lower extremities. (1 each)
[ cc. bb. ]
First aid kit of durable construction and suitably equipped. The contents of
this kit may be used to satisfy these supply requirements completely or in part.
(1)
3. Advanced life support air
ambulance equipment requirements.
a. A drug kit with
controlled medications authorized by the agency's OMD for use by paramedic
personnel. (1)
b. Lockable storage for drug
kit and supplies.
c. All drugs shall be in date.
d. Intubation kit with two
sets of batteries, adult and pediatric blades and handles (sizes 0-4) (1 set),
Magill forceps in adult and pediatric sizes (1 each), disposable tubes in sizes
8.0, 7.0, 6.0, 5.0, 4.0, 3.0, 2.5, or equivalent (2 each), rigid adult stylettes (2 each), 10cc disposable syringe (2), and 5ml of
water soluble lubricant (1).
e. There shall be an
approved secondary airway device as prescribed by the agency's OMD. (1)
f. Assorted IV, IM,
subcutaneous, and other drug and IV fluid administration delivery devices and
supplies as specified by agency's OMD.
g. IV infusion pump. (1)
h. Defibrillator, cardioversion and external pacing capable. (1)
i. EKG monitor. (1)
j. Monitor electrodes, with
adult and pediatric defibrillation pads. (2 each)
k. Adult and pediatric
external pacing pads. (2 each)
l. Noninvasive blood
pressure monitoring device capable of adult and pediatric use. (1)
m. Continuous end tidal CO2
monitoring device. (1)
n. Pulse oximetry
monitoring device. (1)
4. Critical care package air
ambulance equipment requirements. Items listed are in addition to the air
ambulance ALS package.
a. Invasive pressure
monitoring equipment. (1)
b. Internal pacemaker and
pulse generator immediately available. (1)
c. Ventilator as appropriate
for mission.
d. IV infusion pumps. (2)
Article 4 5
EMS Personnel Requirements and Standard of Conduct
12VAC5-31-900. General
requirements.
EMS personnel shall meet and
maintain compliance with the following general requirements:
1. Be a minimum of 16 years of
age. (An EMS agency may have associated personnel who are less than 16 years of
age. This person is not allowed to participate in any EMS response, or any
training program or other activity that may involve exposure to a
communicable disease, hazardous chemical or other risk of serious injury.)
2. Be clean and neat in
appearance;
3. Be proficient in reading,
writing and speaking the English language in order to clearly communicate with
a patient, family or bystander to determine a chief complaint, nature of
illness, mechanism of injury and/or assess signs and symptoms.
4. Have no physical or mental
impairment that would render him unable to perform all practical skills
required for that level of training. Physical and mental performance skills
include the ability of the individual to function and communicate independently
to perform appropriate patient care, physical assessments and treatments
without the need for an assistant.
5. Provide to the Office of
EMS within 15 days, any change in contact information to include mailing
address, electronic notification such as email, or telephone number.
12VAC5-31-910. Criminal or
enforcement history.
EMS personnel shall meet
and maintain compliance with the following general requirements A. General denial. Application for or
certification of individuals convicted of certain crimes present an
unreasonable risk to public health and safety. Thus, applications for
certification by individuals convicted of the following crimes will be denied
in all cases:
1. Has never been convicted
or found guilty of any crime Felonies involving sexual misconduct
where the lack of affirmative victim's failure to affirmatively
consent by the victim is an element of the crime, such as forcible rape.
2. Has never been convicted
of a felony Felonies involving the sexual or physical abuse
of children, the elderly or the infirm, such as sexual misconduct with a child,
making or distributing child pornography or using a child in a sexual display,
incest involving a child, or assault on an elderly or infirm person.
3. Has never been convicted
or found guilty of any Any crime (including
abuse, neglect, theft from, or financial exploitation) of a person entrusted to
his care or protection in which the victim is a an
out-of-hospital patient or is a patient or resident of a health
care healthcare facility including abuse of, neglect of, theft
from, or financial exploitation of a person entrusted to the care or protection
of the applicant.
4. Serious crimes of
violence against persons such as assault or battery with a dangerous weapon,
aggravated assault and battery, murder or attempted murder, manslaughter except
involuntary manslaughter, kidnapping, robbery of any degree, or arson.
5. Has been subject to a
permanent revocation of license or certification by another state EMS office or
other recognized state or national healthcare provider licensing or certifying
body.
B. Presumptive denial.
Application for or current certification by individuals in the following
categories will be denied except in extraordinary circumstances, and then will
be granted only if the applicant or provider establishes by clear and
convincing evidence that certification will not jeopardize public health and
safety.
1. Application for
certification by individuals who have been convicted of any crime and who are
currently incarcerated, on work release, on probation, or on parole.
2. Application for or
certification by individuals convicted of crimes in the following categories
unless at least five years have passed since the conviction or five years have
passed since release from custodial confinement whichever occurs later:
a. Crimes involving
controlled substances or synthetics, including unlawful possession or
distribution or intent to distribute unlawfully Schedule I through V drugs as
defined by the Virginia Drug Control Act (§ 54.1-3400 seq. of the Code of
Virginia).
b. Serious crimes against
property, such as grand larceny, burglary, embezzlement, or insurance fraud.
c. Any other crime involving
sexual misconduct.
4. Has never been convicted
or found guilty of any crime involving the use, possession, or distribution of
illegal drugs except that the person is eligible for affiliation five years
after the date of final release if no additional crimes of this type have been
committed during that time.
5. Has never been convicted
or found guilty of any other act that is a felony except that the felon is
eligible for affiliation five years after the date of final release if no
additional felonies have been committed during that time.
6. 3. Is not currently under any
disciplinary or enforcement action from another state EMS office or other
recognized state or national healthcare provider licensing or certifying body.
Personnel subject to these disciplinary or enforcement actions may be eligible
for certification provided there have been no further disciplinary or
enforcement actions for five years prior to application for certification in
Virginia.
7. Has never been subject to
a permanent revocation of license or certification by another state EMS office
or other recognized state or national healthcare provider licensing or
certifying body.
B. C. Permitted vehicle operations. Agencies are
responsible for the monitoring of compliance with all driving criteria set
forth in these regulations.
1. Personnel operating OEMS
permitted vehicles shall posses a valid operator's or
driver's license from his state of residence.
2. Personnel operating OEMS
permitted vehicles shall not have been convicted on any charge [ that is a felony ] as
described in subsections A and B of this section.
3. Personnel who as the
proximate result of having operated an OEMS permitted vehicle are (i) convicted of driving under the influence of alcohol or
drugs or (ii) sentenced or assigned to any alcohol safety action program or any
driver alcohol rehabilitation program pursuant to the Code of Virginia shall be
prohibited from operating any OEMS permitted vehicle. Personnel or agencies
shall be required to report these situations to OEMS.
4. Agencies shall develop
and maintain policies that address driver eligibility, record review, and
vehicle operation. Such policies must minimally address:
a. Driving education or
training required for personnel to include information on the agency's policy
content;
b. Safe operation of
vehicles;
c. Agency driving record
review procedures;
d. Requirement for immediate
agency notification by personnel regarding any convictions, regardless of the
state where an infraction occurred or changes to his operator's or driver's license.
The immediate agency notification shall be defined as no more than 10 calendar
days following the conviction date; and
e. Identification of
internal mechanisms regarding agency level actions for driver penalties (i.e.,
probation or suspension of driving privileges).
EMS personnel may not act
as an operator of an EMS vehicle if he has been convicted upon a charge of
driving under the influence of alcohol or drugs, convicted of a felony or
assigned to any alcohol safety action program or driver alcohol rehabilitation
program pursuant to § 18.2-271.1 of the Code of Virginia, hit and run, or
operating on a suspended or revoked license within the past five years. A
person having any of these convictions in Virginia or another state may be
eligible for reinstatement as an operator after five years and after successful
completion of an approved emergency vehicle operator's course (EVOC) within the
year prior to reinstatement.
C. D. All references to criminal acts or
convictions under this section refer to substantially similar laws or
regulations of any other state or the United States. Convictions include prior
adult convictions, juvenile convictions and adjudications of delinquency based
on an offense that would have been, at the time of conviction, a felony
conviction if committed by an adult within or outside Virginia.
E. Agencies shall submit a
report regarding items in this section to OEMS upon request.
12VAC5-31-940. Drugs and
substance abuse.
A. EMS personnel may not be
under the influence of any drugs or intoxicating substances that impairs [ his their ] ability
to provide patient care or operate a motor vehicle while on duty or when
responding or assisting in the care of a patient.
B. The EMS agency shall
have a drug and substance abuse policy which includes a process for testing for
drugs or intoxicating substances.
12VAC5-31-950. Disclosure of
patient information.
EMS personnel may not share or
disclose medical information concerning the names, treatments, conditions or
medical history of patients treated. This information must be maintained as
confidential, except:
1. To provide a copy of the prehospital patient care report completed by the
attendant-in-charge to the receiving facility for each patient treated or
transported;
2. To provide a copy of the prehospital patient care report completed by the
attendant-in-charge for each patient treated to the agency that responds and
transports the patients. The prehospital patient care
report copy may shall be released to the transporting agency upon
request after the patient transport to complete the transporting agency's
records of all care provided to the patients transported;
3. To provide for the
continuing medical care of the patient;
4. To the extent necessary and
authorized by the patient or his representative in order to collect insurance
payments due;
5. To provide continuing
medical education of EMS personnel who provide the care or assistance when
patient identifiers have been removed; or
6. To assist investigations
conducted by the board, department or Office of EMS.
12VAC5-31-960. Misrepresentation
of qualifications.
EMS personnel may shall
not misrepresent themselves as authorized to perform a level of care for which
they are not currently qualified, licensed or certified. This requirement does
not prohibit the performance of patient care by students currently enrolled in
a training program when properly supervised as required by these regulations.
12VAC5-31-970. Interference
or obstruction of investigation.
Any EMS agency, personnel,
or entity who attempts knowingly or willfully to interfere or obstruct an
Office of EMS investigation may be subject to enforcement action.
12VAC5-31-1010. Misappropriation
or theft of medications drugs.
EMS personnel may not possess,
remove, use or administer any controlled substances, medication drug
delivery devices or other regulated medical devices from any EMS agency, EMS
vehicle, health care facility, academic institution or other location without
proper authorization.
12VAC5-31-1030. Sexual harassment.
EMS personnel may not engage
in sexual harassment of patients or coworkers. Sexual harassment
includes making unwelcome sexual advances, requesting sexual favors, and
engaging in other verbal or physical conduct of a sexual nature as a condition of:
1. The provision or denial of
emergency medical care to a patient;
2. The provision or denial of
employment or course advancement;
3. The provision or denial of
promotions to a coworker;
4. For the purpose or effect of
creating an intimidating, hostile, or offensive environment for the patient or
student or unreasonably interfering with a patient's ability to recover; or
5. For the purpose or effect of
creating an intimidating, hostile or offensive classroom or working
environment or unreasonably interfering with a coworker's or student's
ability to perform his work.
12VAC5-31-1040. Operational
medical director authorization to practice.
A. EMS personnel as defined in § 54.1-3408 of
the Code of Virginia may only provide emergency medical care while acting
under the authority of the operational medical director for the EMS agency for
which they are affiliated and within the scope of the EMS agency license. Privileges
to practice must be on the agency's official stationery or indicated in the
agency records which are signed and dated by the OMD.
B. Agencies shall establish
a written policy that identifies the selection, response criteria, utilization,
and approval process for (i) EMS personnel to carry
and administer an epinephrine auto injector or medically accepted equivalent
for emergency cases of anaphylactic shock, and (ii) the possession and
administration of oxygen carried on personally owned vehicles (POV). The policy
shall also include:
1. Annual approval and
authorization by EMS agency and OMD.
2. Drug storage criteria to
include:
a. Compliance with all
applicable temperature requirements specified by the Virginia Board of
Pharmacy.
b. Requirements that
describe how the cylinder or device is to be secured in a manner to prevent any
free movement within the occupant or storage compartment of the vehicle.
c. Evidence of approval by
personal vehicle insurance carrier must be on file with EMS agency for all EMS
personnel authorized to carry oxygen on personally owned vehicles.
3. The personal vehicle
utilized to carry oxygen may be subject to inspection by the Office of EMS.
12VAC5-31-1050. Scope of
practice.
EMS personnel shall only
perform those procedures, [ treatments
skills ], or techniques for which he is currently licensed or
certified, provided that he is acting in accordance with local medical
[ treatment ] protocols and medical direction provided by
the OMD of the [ licensed ] EMS agency with which he is
affiliated and [ within the scope of the EMS agency licenses ]
as authorized in the Emergency Medical Services Procedures and Medications
Schedule as approved by [ OEMS the board ].
12VAC5-31-1060. Transport
without required personnel. (Repealed.)
An EMS provider may provide
care in the event that the required EMS personnel do not respond to a call to
fully staff the ambulance that has responded to the scene. The circumstances of
the call must be documented in writing. Based on circumstances and
documentation, the EMS agency or the EMS provider may be subject to enforcement
action.
12VAC5-31-1140. Provision of
patient care documentation.
A. EMS personnel and EMS
agencies shall provide the receiving medical facility or transporting EMS
agency with a copy of the prehospital patient care
report for each patient treated [ , either with the patient or at
the time of patient transfer. Should EMS personnel be unable to provide the
full prehospital patient care report at the time of
patient transfer, EMS personnel shall provide an abbreviated documented report
with the critical EMS findings and actions at the time of patient transfer and
the full prehospital patient care report shall be
provided to the accepting facility ] within [ 24 12 ]
hours.
B. The signature of the
[ medical practitioner, prescriber, as defined in § 54.1-3401
of the Code of Virginia, ] who assumes responsibility for the patient
shall be included on the prehospital patient care
report for an incident when a medication drug is administered, or
self-administration is assisted (excluding oxygen), or an invasive procedure is
performed [ , except when standing orders from the OMD allows the
administration of the drug or procedure ]. The medical
practitioner's signature shall document that the physician has been notified of
the medications administered and procedures performed by the EMS personnel.
[ EMS personnel shall not infer that the ] medical practitioner's
[ prescriber's signature denotes approval, authorization or
verification of compliance with protocol, standing orders or medical control
orders. ] [ The provider shall document on the PPCR indicating
that the drug given was under the OMD's preapproved protocols for the agency.
This includes instances where the patient is not transported or transported by
another agency.
C. EMS personnel shall
contact medical control (on-line) for approval of drug administration or
procedures that are not included in their standing orders as authorized by the
agency's OMD. Such events shall require the signature of the authorized
practitioner as identified by the Virginia Board of Pharmacy (licensed
physician, nurse practitioner, or physician assistant). ]
The receiving [ medical
practitioner prescriber ] signature requirement above does not
apply to medications drugs that are maintained by EMS personnel
during transport of patients between healthcare facilities, provided adequate
documentation of ongoing medications drugs are transferred with
the patient by the sending facility.
If [ a patient is not
transported to the hospital or if ] the attending [ medical
practitioner prescriber ] at the hospital refuses to sign the prehospital patient care report, this prehospital patient care report the PPCR shall
be signed by the agency's operational medical director within seven days of the
[ administration event ] and a signed copy delivered to
the hospital pharmacy that was responsible for any medication drug
kit exchange.
12VAC5-31-1165. EMS agency
mutual aid response.
An EMS agency providing
resources, certified personnel, permitted vehicles, or equipment as a result of
an Emergency Management Assistance Compact (EMAC), Federal Emergency Management
Agency (FEMA), or any other out-of-state mutual aid request shall notify OEMS
upon commitment of requested resources. Notification by direct verbal
communication shall be made to the local OEMS program representative.
12VAC5-31-1210. Nontransport response vehicle staffing.
At a minimum, one person may
satisfy both of the following requirements:
1. An operator shall at a
minimum possess a valid motor vehicle operator's permit issued by Virginia or
another state and have successfully completed an approved emergency vehicle
operator's course (EVOC) training course or an equivalent.
2. Attendant-in-charge shall be
currently certified as an EMS first responder, emergency medical responder,
or emergency medical technician or an equivalent approved by the Office of EMS.
12VAC5-31-1250. Advanced life
support vehicle transport.
Advanced life support
transport requirements:
1. A ground ambulance equipped
with an ALS equipment package. An ALS equipment package may be transferred to a
ground ambulance not otherwise equipped to provide the needed level of ALS
patient care from another appropriately equipped EMS vehicle. This transfer
must include all items required for the type of ALS equipment package that the
attendant-in-charge is authorized to use.
2. The attendant-in-charge must
be certified as an advanced life support level provider or an equivalent
approved by the Office of EMS.
3. An attendant must be
certified as an emergency medical technician or an equivalent approved by the
Office of EMS in addition to the attendant-in-charge. The attendant must not
serve as the attendant-in-charge. An operator may serve as the attendant if
certified as an emergency medical technician or an equivalent approved by the
Office of EMS.
4. An ALS provider may
provide care in the event that the required EMS personnel do not respond to a
call to fully staff the ambulance that has responded to the scene. The
extenuating circumstances of the call must be documented in writing. Based on
extenuating circumstances and documentation, the EMS agency or the EMS provider
may be subject to enforcement action.
12VAC5-31-1260. Supplemented
transport requirements.
A. Supplemented transports
require the following:
1. An ambulance equipped with
an ALS intermediate/paramedic equipment package;
2. A determination by the
sending physician that the patient's medically necessary care exceeds the scope
of practice of available personnel certified at an advanced life support level
or an equivalent approved by the Office of EMS; or
3. A determination by the
sending physician that the specific equipment needed to care for the patient
exceeds that required for a ground ambulance equipped with an ALS Advanced
EMT/intermediate/paramedic equipment package.
B. An attendant-in-charge who
must be a physician, registered nurse or physician assistant who is trained and
experienced in the care and the equipment needed for the patient being
transported.
C. An attendant who must be
certified as an emergency medical technician or an equivalent approved by the
Office of EMS in addition to the attendant-in-charge. The attendant must be a
third person who is not the Operator.
D. An EMS agency requested to
perform a supplemented transport, is responsible for the following:
1. Obtaining a written
statement from the sending physician detailing the specific nature of the
patient's medical condition and the medical equipment necessary for the transport.
The written statement may be in the form of transport orders documented in the
patient's medical record.
2. Verifying that the
individual acting as attendant-in-charge for the transport is experienced in
the patient care required and the operation of all equipment to be used for the
patient to be transported.
An EMS agency requested to
perform a supplemented transport shall refuse to perform the transport if
compliance with the requirements of this section cannot be satisfied. Refusal
to provide the transport must be documented by the EMS agency.
12VAC5-31-1270. Neonatal
transport requirements.
A. [ Neonatal
transports require a neonatal ambulance. ] If a ground ambulance is
utilized to perform an interfacility neonatal
transport, the vehicle must be equipped with the additional items listed in
12VAC5-31-860 C, D L and M 3, and D 5 and staffed in
compliance with this section.
B. A minimum of three persons
is required:
1. An operator who at a minimum
possesses a valid motor vehicle operator's permit issued by Virginia or another
state, and who has successfully completed an approved emergency vehicle
operator's course (EVOC) training course or an equivalent approved by the
Office of EMS.
2. An attendant-in-charge who
must be one of the following:
a. Physician;
b. Registered nurse or physician's
physician assistant, licensed for a minimum of two years, with
specialized neonatal transport training; or
c. Other health care personnel
with equivalent training or experience as approved by the Office of EMS.
3. An attendant. The operator,
attendant-in-charge or attendant must be certified as an emergency medical
technician or an equivalent approved by the Office of EMS.
12VAC5-31-1280. Air ambulance
transport requirements. (Repealed.)
An air ambulance transport
requires a minimum of three persons, the aircraft flight crew and two air
medical personnel.
1. Rotary Wing Air
Ambulance.
a. A pilot in command shall
meet all the requirements of the Federal Aviation Administration, including
possession of a valid commercial pilot's certificate for rotor craft and must
have a minimum of 1,000 hours in category, of which a minimum of 200 hours must
be nighttime.
b. An attendant-in-charge
shall be an air medical specialist who must be one of the following:
(1) Physician;
(2) Registered nurse or
physician's assistant, licensed for a minimum of two years with specialized air
medical training and possessing the equivalent skills of an emergency medical
technician—paramedic;
(3) Emergency medical
technician - paramedic, certified for a minimum of two years with specialized
air medical training; or
(4) Other health care
personnel with equivalent training or experience as approved by the Office of
EMS.
c. An attendant who shall be
an emergency medical technician or an equivalent approved by the Office of EMS.
d. The attendant-in-charge
and the attendant shall not be members of the required flight crew.
2. Fixed Wing Air Ambulance.
a. A pilot in command shall
meet all the requirements of the Federal Aviation Administration Regulations
Part 135.
b. An attendant-in-charge
who at a minimum shall be an air medical specialist who shall be one of the
following:
(1) A physician;
(2) A registered nurse or
physician's assistant, licensed for a minimum of two years with specialized air
medical training and possessing the equivalent skills of an emergency medical
technician—paramedic;
(3) An emergency medical
technician - paramedic, certified for a minimum of two years with specialized
air medical training; or
(4) Any other health care
personnel with equivalent training or experience as approved by the Office of
EMS.
c. An attendant shall be an
emergency medical technician or an equivalent approved by the Office of EMS.
d. The attendant-in-charge
and the attendant shall not be members of the required flight crew.
12VAC5-31-1290. Exemptions.
(Repealed.)
A. On January 1, 2003, an
EMS vehicle must meet the requirements for vehicle construction and required
markings in effect at the time the EMS vehicle was permitted. This exception
does not apply to the medication kit storage requirements or if the EMS vehicle
permit is surrendered or expires.
B. An EMS vehicle permitted
before January 1, 2003, is exempted as follows:
1. From 12VAC5-31-860 A (AED
requirement) and 12VAC5-31-860 L (ECG monitor/manual defibrillator with
synchronized cardioversion and non-invasive pacing
requirement) until January 1, 2004.
2. From 12VAC5-31-760 (EMS
vehicle communications requirement) until January 1, 2004. The communications
requirements of 12VAC5-30-200 B e shall remain in
effect until January 1, 2004.
C. On January 1, 2003, an
EMS vehicle may be reclassified as follows:
1. An immediate response
vehicle (Class A) becomes a nontransport response
vehicle.
2. A basic life support
vehicle (Class B) or an advanced life support vehicle (Class C) becomes a
ground ambulance.
3. A specialized life
support transport unit (Class D) becomes a ground ambulance unless the EMS
agency applies for an EMS vehicle permit as a neonatal ambulance.
4. A life support vehicle
for air transportation (Class F) becomes an air ambulance.
D. Existing forms,
licenses, certificates, and other materials may be used by the Office of EMS or
modified as considered necessary by the Office of EMS until existing stocks are
depleted.
E. Current specialized air
medical training programs as approved by the Office of EMS comply with these
regulations.
F. A designated emergency
response agency shall comply with 12VAC5-31-620 (staffing capability) by
January 1, 2004.
Part III
EMS Education and Certification
12VAC5-31-1300. Applicability.
(Repealed.)
This part applies to
initial, refresher or bridge certification courses and EMS continuing education
(CE) programs.
Part III
EMS Education and Certification
Article 1
Certification Levels
12VAC5-31-1305. EMS First
Responder (FR).
[ This section will
expire on September 10, 2016. ]
The certification is issued
for a period of four years from the end of the month of issuance.
12VAC5-31-1307. Emergency
Medical Responder (EMR).
The certification is issued
for a period of four years from the end of the month of issuance.
12VAC5-31-1310. BLS
certification programs. (Repealed.)
A. BLS certification
programs authorized for issuance of certification in Virginia are:
1. EMS First Responder;
2. EMS First Responder
Bridge to EMT; and
3. Emergency Medical
Technician (EMT).
B. A course coordinator for
a BLS certification program must be an EMT instructor.
C. A course coordinator for
a BLS certification program must use the following curriculum:
1. The Virginia standard
curriculum for the EMS first responder for an EMS First Responder certification
program.
2. The U.S. Department of
Transportation National Standard Curriculum for the EMT-Basic for an EMS First
Responder Bridge certification program or an EMT certification program.
12VAC5-31-1315. Emergency
Medical Technician (EMT).
The certification is issued
for a period of four years from the end of the month of issuance.
12VAC5-31-1320. ALS
certification programs. (Repealed.)
A. ALS certification
programs authorized for issuance of certification in Virginia are:
1. EMT-Enhanced;
2. EMT-Enhanced to EMT
Intermediate Bridge;
3. EMT-Intermediate;
4. EMT-Intermediate to
EMT-Paramedic Bridge;
5. Registered Nurse to
Paramedic Bridge; and
6. EMT-Paramedic.
B. Transitional ALS
certification programs that are authorized for issuance of certification in
Virginia for six years from January 1, 2003, are:
1. EMT-Shock Trauma to
EMT-Enhanced.
2. EMT-Cardiac to
EMT-Intermediate.
a. After recertifying once
at his current certification level, an EMS provider with EMT-Shock Trauma or
EMT-Cardiac certification shall complete the designated "transition"
program to certify at the corresponding replacement certification level listed
in this subsection.
b. An EMS provider in an
initial or bridge EMT-Shock Trauma or EMT-Cardiac certification program who
completes the program and attains certification shall complete the designated
"transition" program to certify at the corresponding replacement certification
level listed in this subsection.
c. An EMS provider with
EMT-Shock Trauma or EMT-Cardiac certification shall complete the requirements
for the designated "transition" certification level by January 1,
2009.
C. A course coordinator for
an ALS certification program shall be an ALS coordinator who is certified or
licensed at or above the certification level of the course to be announced.
D. A course coordinator for
an ALS certification program shall use the following curriculum:
1. The Virginia Standard Curriculum
for the EMT-Enhanced or an equivalent approved by the Office of EMS for an
EMT-Enhanced certification program.
2. The U.S. Department of
Transportation National Standard Curriculum for the EMT-Intermediate or a
bridge certification program approved by the Office of EMS for an EMT Enhanced
to EMT-Intermediate Bridge or an EMT-Intermediate certification program.
3. The U.S. Department of
Transportation National Standard Curriculum for the EMT-Paramedic or a bridge
certification program approved by the Office of EMS for an EMT-Intermediate to
EMT-Paramedic Bridge, a Registered Nurse to EMT-Paramedic Bridge or
EMT-Paramedic certification program.
12VAC5-31-1325. Emergency
Medical Technician-Enhanced (EMT-E).
[ This section will
expire on September 10, 2015. ]
A. The certification is
issued for a period of three years from the end of the month of issuance.
B. An EMS provider who
possesses a valid EMT-E certification is simultaneously issued an EMT
certification for an additional two years after his EMT-E expiration.
12VAC5-31-1330. EMT
Instructor certification program. (Repealed.)
The EMS Instructor
certification program authorized for issuance of certification in Virginia is
EMT-Instructor.
12VAC5-31-1335. [ Emergency Medical Technician-Intermediate
(EMT-I) Intermediate ].
A. The certification is
issued for a period of three years from the end of the month of issuance.
B. An EMS provider who
possesses a valid [ EMT-I
Intermediate ] certification is simultaneously issued an EMT
certification for an additional two years after his [ EMT-I
Intermediate ] expiration.
12VAC5-31-1337. Advanced
Emergency Medical Technician (AEMT).
A. The certification is
issued for a period of three years from the end of the month of issuance,
B. An EMS provider who
possesses a valid EMT certification is simultaneously issued an EMT
certification for an additional two years after his EMT Advanced expiration.
12VAC5-31-1340. Program site
accreditation. (Repealed.)
A. Program site
accreditation. Training programs that lead to eligibility for initial
certification at the EMT-Intermediate and EMT-Paramedic level shall hold a
valid "Program Site Accreditation" issued by the Office of EMS.
("Program Site Accreditation" is not required when conducting
continuing education programs for recertification purposes.)
B. All certification
programs seeking accreditation in Virginia must comply with these regulations
and the standards for an Accredited Educational Program for the Emergency
Medical Technician-Paramedic established by the Committee on Accreditation of
Educational Programs for the Emergency Medical Services Professions (CoAEMSP) as initially adopted in 1978, and revised in 1989
and 1999, by the American Academy of Pediatrics, American College of
Cardiology, American College of Emergency Physicians, American College of
Surgeons, American Society of Anesthesiologists, Commission on Accreditation of
Allied Health Education Programs, National Association of Emergency Medical
Technicians, and National Registry of Emergency Medical Technicians.
C. The CoAEMSP
standards are adopted by reference with the following provisions:
1. In any instance where the
CoAEMSP standards conflict with these regulations,
these regulations will prevail.
2. The CoAEMSP
standards, as adopted by reference, will apply equally to all training programs
required to hold accreditation by these regulations with these exclusions:
a. The following are
optional components of the Virginia Paramedic Accreditation Standards:
(1) Section 1: General
Requirements, A. Sponsorship, 1. Institutional Accreditation.
(2) Section 1: General
Requirements, A. Sponsorship, 2. Institutional Authority.
(3) Section 1: General
Requirements, A. Sponsorship, 4. Eligible Sponsors.
(4) Section 1: General
Requirements, A. Sponsorship, 6. Institutional Commitment.
(5) Section 1: General
Requirements, B. Resources, 1 Personnel, a. Administrative Personnel, (1)
Program Director/Direction, (c) Qualifications or Equivalents, 1).
(6) Section 1: General
Requirements, B. Resources, 1 Personnel, c. Support Staff.
(7) Section 1: General
Requirements, B. Resources, 1 Personnel, d. Professional Development.
(8) Section 1: General
Requirements, D. Operation Policies, 1. Fair Practices, j.
b. The following are
optional components of the Virginia Intermediate Accreditation Standards:
(1) Section 1: General
Requirements, A. Sponsorship, 1. Institutional Accreditation.
(2) Section 1: General
Requirements, A. Sponsorship, 2. Institutional Authority.
(3) Section 1: General
Requirements, A. Sponsorship, 4. Eligible Sponsors.
(4) Section 1: General
Requirements, A. Sponsorship, 6. Institutional Commitment.
(5) Section 1: General
Requirements, B. Resources, 1 Personnel, a. Administrative Personnel, (1)
Program Director/Direction, (c) Qualifications or Equivalents, 1).
(6) Section 1: General
Requirements, B. Resources, 1 Personnel, c. Support Staff.
(7) Section 1: General
Requirements, B. Resources, 1 Personnel, d. Professional Development.
(8) Section 1: General
Requirements, D. Operation Policies, 1. Fair Practices, j.
c. Training programs that
hold current "Program Site Accreditation" to conduct EMT-Paramedic
programs may also conduct EMT-Intermediate programs.
3. The program director for
an EMT-Intermediate program is not required to hold a bachelor's degree as
specified in subsection B 1 a (1) (c) 1) of the CoAEMSP
standards.
4. The medical director required
by subsection B 1 a (2) of the CoAEMSP standards
shall also meet the requirements for a physician course director (PCD) as
required by these regulations.
5. The guidelines
accompanying the CoAEMSP standards and printed in
that document in italics typeface provide examples intended to assist in
interpreting the CoAEMSP standards. These guidelines
are not regulations as defined by the Code of Virginia.
12VAC5-31-1345. [ Emergency Medical Technician-Paramedic
(EMT-P) Paramedic ].
A. The certification is
issued for a period of three years from the end of the month of issuance.
B. An EMS provider who
possesses a valid [ EMT-P
Paramedic ] certification is simultaneously issued an EMT
certification for an additional two years after his [ EMT-P
Paramedic ] expiration.
12VAC5-31-1350. Training site
accreditation process. (Repealed.)
A. The accreditation
process will begin upon the receipt by the Office of EMS of a written request
for accreditation.
B. The Office of EMS will
forward the request to a site reviewer who will conduct the accreditation
analysis. Independent site reviewers utilized by the Office of EMS shall be
persons who are not affiliated with the applicant training program or another
similar program located in the same geographical region.
C. The applicable regional
EMS council or local EMS resource shall submit to the site reviewer an
evaluation indicating its position toward the applicant program's accreditation
request.
D. The Office of EMS will
determine the suitability of the training site for program site accreditation
upon review of the accreditation analysis submitted to the Office of EMS by the
site reviewer. The Office of EMS may either accept or deny the application for
accreditation.
1. If the accreditation
analysis determines that the training program is in full compliance with the
requirements for accreditation, the Office of EMS will issue full accreditation
for a period of five years.
2. The Office of EMS will
issue conditional accreditation for a period of less than five years if the
accreditation analysis identifies deficiencies that are determined to be of
concern but do not justify prohibiting the program from starting and completing
an initial training program. Before starting any additional certification
courses, the program site must receive full accreditation by correcting the
identified deficiencies.
3. The Office of EMS will
deny an application for accreditation if the accreditation analysis identifies
deficiencies that are determined to be sufficient to prohibit the program from
starting an initial training program.
12VAC5-31-1355. Emergency
Medical Technician instructor.
[ This section will
expire on September 10, 2014. ]
A. The certification is
valid for a period of two years from the end of the month of issuance.
B. An EMS provider who
possesses a valid instructor certification is simultaneously issued an EMT
certification valid for an additional two years after his instructor
expiration.
12VAC5-31-1360. Renewal of
program site accreditation. (Repealed.)
A. A training program site
shall apply for renewal not less than 90 days before expiration of its current
accreditation period. Reaccredidation will require
review by a site reviewer of the program's performance and a recommendation to
the Office of EMS for approval. However, programs conducting training courses
leading to certification at the EMT-Paramedic level may be renewed only through
compliance with the requirements of 12VAC5-31-1390. Renewal of a "Program
Site Accreditation" will be valid for an additional five-year period.
B. If the site reviewer
does not recommend renewal of a program site's accreditation, the Office of EMS
will review all supporting documentation and make a determination of
suitability for "Program Site Accreditation" renewal.
12VAC5-31-1365. Advanced Life
Support coordinator.
The certification is valid
for a period of two years from the end of the month of issuance.
12VAC5-31-1370. Appeal of
site accreditation application results. (Repealed.)
Appeals by a program
concerning the denial of initial or renewal accreditation, or the issuance of
conditional accreditation by the Office of EMS will be reviewed by a committee
of the State EMS Advisory Board and follow the Administrative Process Act.
12VAC5-31-1375. EMS education
coordinator.
The certification is valid
for a period of [ two
three ] years from the end of the month of issuance.
12VAC5-31-1380. Program site
accreditation administration. (Repealed.)
A. State accreditation will
be administered through the process established in the "Training Program
Administration Manual" for the certification levels of the training
programs conducted by the program site.
B. Any program that has
achieved accreditation issued by the Committee on Accreditation of Educational
Programs for the Emergency Medical Services Professions (CoAEMSP)
or an equivalent organization approved by the Office of EMS will be considered
in compliance with this Section. State "Program Site Accreditation"
will be issued for a period concurrent with that issued by the CoAEMSP or other approved organization up to a maximum of
five years.
1. As a condition for
equivalent accreditation, a representative from the Office of EMS must be
included with each visit by the CoAEMSP or any other
approved accreditation organization.
2. The program must notify
the Office of EMS immediately upon receiving the dates for any visits and
include:
a. Dates;
b. Times; and
c. The schedule of events.
3. Accreditation issued by CoAEMSP or other organization approved by the Office of EMS
must remain current during any certification training program that requires
accreditation by the Office of EMS. Revocation, removal or expiration of
accreditation issued by CoAEMSP or other another
organization approved by the Office of EMS will invalidate the corresponding
state accreditation of the training program.
C. Each program must meet
all other requirements as outlined in these regulations and the state-approved
curriculum and course guide.
Article 2
Certification Process and Practice
12VAC5-31-1385. Certification
periods.
An EMS certification is
valid for the prescribed period as defined in Article 1 of this part for each
level of certification unless suspended or revoked by the commissioner.
12VAC5-31-1387. Virginia EMS
certification is required to practice.
In order to function as an
EMS provider in the Commonwealth of Virginia, providers must hold a valid
certification as issued by the commissioner and as defined in 12VAC5-31-1040.
12VAC5-31-1389. Initial
course certification.
A. Candidates must
successfully complete an approved Virginia certification course to be eligible
for the certification examination.
B. Candidates must then
successfully complete the certification examination to receive Virginia
certification at the level for which the course is approved.
12VAC5-31-1390. Program site
accreditation of EMT-Paramedic programs. (Repealed.)
A. A training program that
leads to eligibility for certification at the EMT-Paramedic level must be an
accredited program before the course begins.
B. Initial accreditation
can be issued by the Office of EMS pursuant to 12VAC5-31-1340 or by acceptance
of accreditation issued by the Committee on Accreditation of Educational
Programs for the Emergency Medical Services Professions (CoAEMSP)
or another approved equivalent accreditation organization.
C. Following an initial
five-year state accreditation period, renewal of accreditation at the
EMT-Paramedic level will be issued only upon verification of accreditation
issued by the CoAEMSP or another approved equivalent
accreditation organization per 12VAC5-31-1380.
12VAC5-31-1391. Certification
through reciprocity.
A person holding valid EMS
certification from another state or a recognized EMS certifying body with which
Virginia has a formal written agreement of reciprocity or possessing a National
Registry certification at the [ intermediate
EMR, EMT, Advanced EMT, Intermediate ] 99 or [ paramedic
Paramedic ] level shall apply to the
commissioner for reciprocity upon demonstration of Virginia residency, Virginia
EMS agency affiliation, or a recognized need for Virginia EMS certification
[ and demonstrate as defined by the Office of EMS eligibility for
certification at the level sought in Virginia from the state in which the same
level training program was held. ]
12VAC5-31-1393. Certification
through legal recognition.
A person holding valid EMS
certification from another state or a recognized EMS certifying body who does
not meet the criteria in 12VAC5-31-1391 shall apply to the commissioner for
legal recognition upon demonstration of Virginia residency, Virginia EMS agency
affiliation, or a recognized need for Virginia EMS certification. Legal
recognition may be issued for a period of one year or the duration of his
current certification, whichever is shorter. Legal recognition is not available
for any Virginia certification level if the Board of Health has determined that
no equivalent exists at the level requested.
12VAC5-31-1395. EMT
certification challenge.
A practical nurse,
registered nurse to include those recognized through the Nurse Licensure
Compact (§ 54.1-3030 et seq. of the Code of Virginia), physician
assistant, dentist, or chiropractor who holds a current license to practice in
Virginia; military corpsman with current credentials; and third or fourth year
medical students shall apply to the commissioner for authorization to challenge
at the EMT level. Upon completing the requirements for the EMT recertification and
receiving notification of testing eligibility the candidate must complete the
written and practical examination. Examination waivers are not allowed.
12VAC5-31-1400. Course
approval request. (Repealed.)
A. A course coordinator
shall submit to the Office of EMS a complete course approval request form 30
days before the beginning date of a certification or continuing education
course that includes the following:
1. The signature of the
course coordinator.
2. The signature of the
physician course director if requesting a BLS or ALS certification program or
"Required (Category 1)" CE hours.
B. The course coordinator
shall use the course number assigned by the Office of EMS to identify the
certification or CE program.
C. The course coordinator
shall only use those CE topic and subtopic numbers assigned for the specific
course approved by the Office of EMS when submitting a CE record/scancard.
D. In addition, training
programs leading to certification at an initial or higher certification level
shall also comply with the requirements for "Program Site
Accreditation" listed in 12VAC5-31-1340 through 12VAC5-31-1390, if an
accreditation process for the involved certification level has been adopted by the
Office of EMS.
12VAC5-31-1401. General
recertification requirements.
A. An EMS provider must
complete the requirements for recertification and the Office of EMS must
receive the required documentation within the issued certification period to
maintain a current certification.
B. An EMS provider
requesting recertification must complete the continuing education (CE) hour
requirements for the level to be recertified.
C. An EMS provider
requesting recertification must pass the written state certification
examination.
1. An EMS provider
affiliated with an EMS agency may be granted an exam waiver from the state
written certification examination by the OMD of the EMS agency, provided:
a. The EMS provider meets
the recertification requirements including those established by the OMD; and
b. The EMS provider must
submit a completed Virginia EMS Certification Application with the exam waiver
approval signed by the EMS agency OMD, which must be received by the Office of
EMS within 30 days following the expiration of his certification.
(1) If the Virginia EMS
Certification Application form is received by the Office of EMS after the EMS
provider's certification expiration date, the EMS provider may not practice at
the expired certification level until a valid certification is received from
the Office of EMS.
(2) If the Virginia EMS
Certification Application form is received by the Office of EMS more than 30
days after the EMS provider's certification expiration date, his certification
will be in reentry and he will be required to test pursuant to 12VAC5-31-1407.
2. An EMS provider under
legal recognition pursuant to 12VAC5-31-1393 must pass a written and practical
EMS certification examination and is not eligible for examination waiver.
12VAC5-31-1403. EMS provider
recertification required.
A. Recertification of EMS
credentials requires each individual to complete continuing education
requirements as approved by the Board of Health and fulfill the recertification
process before the expiration date of an applicable certification or reentry
period.
B. The Board of Health will
determine the continuing education hour
[ and topic category ] requirements for each certification
level.
C. Evidence of completion
of the continuing education requirements must be received by the Office of EMS prior
to the certification expiration.
12VAC5-31-1405. Documentation
of continuing education (CE).
A. Continuing education
credit is only awarded to courses announced to the Office of EMS in a format as
approved by the Office of EMS prior to the course being conducted and other
programs approved by the Office of EMS for award of CE.
B. Award of credit for
attendance in a CE program shall be submitted in a format approved by the
Office of EMS.
12VAC5-31-1407.
Recertification through reentry.
A. Individuals whose
certification has expired may regain certification through completion of the
reentry program within two years of the specific certification's expiration
date. To reenter the person must fulfill the requirements as applicable in this
chapter including all required testing within the two-year reentry period.
B. Individuals failing to
complete the reentry process by the end of the two-year period following
certification expiration will be required to complete an initial training
program for the level lost.
Article 3
Educational Programs and Management
12VAC5-31-1409. Course
curriculum.
A. Course coordinators (EMT
instructor, ALS coordinator, or EMS education coordinator) shall utilize
curricula or educational standards authorized and approved by the Office of EMS
when conducting EMS education programs.
B. CE topics must be
submitted for review and approval in a format as approved by the Office of EMS.
12VAC5-31-1410. Physician
course director involvement. (Repealed.)
A course coordinator must
inform the physician course director of the program schedule, progress of
individual student performance, student or instructor complaints and the status
of other program activities.
12VAC5-31-1411. BLS
certification programs.
BLS certification programs
authorized for issuance of certification in Virginia are:
1. EMS First Responder.
2. EMS First Responder
Bridge to EMT.
3. Emergency Medical
Responder (EMR).
4. Emergency Medical
Responder Bridge to EMT.
5. Emergency Medical
Technician (EMT).
12VAC5-31-1413. Advanced life
support certification programs.
ALS certification programs
authorized for issuance of certification in Virginia are:
1. EMT-Enhanced.
2. EMT -Enhanced Bridge to
Intermediate.
3. Advanced EMT.
4. Advanced EMT Bridge to [ Paramedic Intermediate ].
5. [ EMT-Intermediate Intermediate ].
6. [ EMT-Intermediate Intermediate ]
Bridge to Paramedic.
7. [ EMT-Paramedic Paramedic ].
[ 8. RN Bridge to
Paramedic. ]
12VAC5-31-1415. Nationally
recognized continuing education programs.
A. In order for a provider
to receive continuing education in Virginia for [ a national an auxillary ] program, the national parent
organization must be recognized by the Board of Health.
B. The instructor approved
by the national parent organization referenced in subsection A of this section
may award Category 1 continuing education credit for providers successfully
completing an approved course. The instructor is not required to be an EMT
instructor, ALS coordinator, or an EMS education coordinator in order to submit
for course approval.
12VAC5-31-1417. Approved
courses in cardio-pulmonary resuscitation.
A. Recognized programs for
certification in cardiopulmonary resuscitation (CPR) for the purposes of
testing for all certification levels are based upon programs approved by the Board
of Health.
B. Completion of an
approved course that tests the following skills is required:
1. One and two rescuer CPR -
adult, child, infant resuscitation.
2. Complete airway
obstruction - unconscious victim - adult, child, infant.
3. Complete airway
obstruction - conscious victim - adult, child, infant.
4. Automated external
defibrillation.
12VAC5-31-1419. Continuing
education programs.
The programs must utilize
the approved format for the corresponding level of certification as designed by
the Office of EMS:
1. Category 1 (required) are
topic areas that are required as part of the recertification criteria.
2. Category 2 (approved) are
topic areas that support EMS activities.
3. Category 3 are topic
areas that are delivered through a multimedia format as approved by the Board
of Health.
12VAC5-31-1420. Course
coordinator and instructor accountability. (Repealed.)
A. A course coordinator or
instructor who violates these regulations is subject to enforcement action by
the Office of EMS. The Office of EMS may suspend the instruction of an ongoing
course or withhold issuance of certification until an investigation is
concluded.
B. A course coordinator or
instructor found to be in violation of these regulations following an
investigation may be subject to the following:
1. Termination of the
certification program.
2. Invalidation of
certificates or CE hours issued to students.
3. Suspension or revocation
of any or all certifications of the course coordinator.
4. Suspension or revocation
of any or all certifications of an instructor.
12VAC5-31-1421. Teaching
materials and approved texts.
A. EMT instructor, ALS
coordinator, or an EMS education coordinator shall use teaching materials and
textbooks that reflect current EMS practices.
B. All textbooks and
primary teaching materials utilized in a program shall be reviewed and receive
written approval prior to the start of the program by the physician course
director (PCD) or OMD and shall be maintained with other course records in
accordance with the Virginia Public Records Act (Chapter 7 (§ 42.1-76 et seq.)
of Title 42.1 of the Code of Virginia).
12VAC5-31-1423. Course
announcement requirements.
A. BLS certification
courses and continuing education programs that award Category 1 (required) continuing
education credits shall be announced by an EMT instructor or EMS education
coordinator. An EMT instructor or EMS education coordinator shall be present in
the classroom at all times except:
1. In courses offered by the
Office of EMS accredited programs, or
2. In BLS continuing
education programs.
B. ALS certification
courses and continuing education programs that award Category 1 (required)
continuing education credits shall be announced by an ALS coordinator or EMS
education coordinator.
12VAC5-31-1425. EMT
instructor, ALS coordinator, or EMS education coordinator responsibilities as
employee or contractor.
A. An EMT instructor, ALS
coordinator [ , ] or
EMS education coordinator conducting [ a ] training
[ program programs ] as an employee or contractor
for any other person as defined in § 1-230 of the Code of Virginia, whether or
not for profit, shall retain responsibility for compliance with the Office of
EMS regulations.
B. Any other person as
defined in § 1-230 of the Code of Virginia who operates an organization
for the purpose of providing an EMS training program that employs or contracts
with an EMT instructor, ALS coordinator, or EMS education coordinator to
conduct a training program may not vary from or direct the EMT instructor, ALS
coordinator, or EMS education coordinator to vary from compliance with Office
of EMS regulations.
12VAC5-31-1427. Course
approval request submission.
A. An EMT instructor, ALS
coordinator, or EMS education coordinator shall submit a course approval
request in a format approved by the Board of Health prior to the beginning date
of a certification or continuing education course.
1. Any approved course requesting
funding through the EMS training fund requires that the course approval request
and funding contract must be post marked or received [ , and date and time stamped, ] by
the Office of EMS no less than 45 days prior to the begin date for the course.
2. Courses shall not start
prior to receiving course number and topic or topics from the Office of EMS.
B. The EMT instructor, ALS
coordinator, or EMS education coordinator shall use only those topic numbers
assigned for the course as approved by the Office of EMS.
12VAC5-31-1429. Course
approval request changes.
The course coordinator
shall immediately notify the Office of EMS in writing of any changes in the
information submitted on the Course Approval Request form.
12VAC5-31-1430. Certification
examination. (Repealed.)
A Test Site Coordinator
shall comply with the requirements for certification examinations. The Office
of EMS will publish the "Virginia EMS Certification Examination
Manual," a document that describes and provides guidance to a test site coordinator
on how to comply with these regulations.
12VAC5-31-1431. Student
course enrollment.
[ For courses leading
to certification at a new or higher level, the ] EMT instructor,
ALS coordinator [ , ] or EMS education coordinator
[ for courses leading to certification at a new or higher level ]
shall have each student complete a "Virginia EMS Training Program
Enrollment" form at the first meeting of the course.
[ 1. ] These
forms must be reviewed by the EMT instructor, ALS coordinator, or EMS education
coordinator and submitted to the Office of EMS no later than five business days
following the first meeting of the course.
[ 2. ] Any
student who starts the program at a later date shall complete an enrollment
form the first date of attendance providing 15% or more of the entire course
has not been completed.
12VAC5-31-1433. Instructor
participation records.
The EMT instructor, ALS
coordinator, or EMS education coordinator shall maintain [ records of attendance the
following information: instructor/provider level, subject taught, ] and
participation of each certified EMT instructor, ALS course coordinator, EMS
education coordinator [ , ] or other individual who
instructs in the program.
12VAC5-31-1435. Student
records for certification courses.
A. The EMT instructor, ALS
coordinator, or EMS education coordinator shall maintain records of class
dates, topics instructed, attendance and performance for all students attending
a certification course.
B. Student records shall be
maintained in accordance with the Virginia Public Records Act (Chapter 7
(§ 42.1-76 et seq.) of Title 42.1 of the Code of Virginia) from the end
date of the program and shall include but not be limited to:
1. Signed student
acknowledgment forms collected upon completion of review of the appropriate BLS
or ALS enrollment requirements.
2. Student signed class [ roster rosters ].
3. Scores on all course
quizzes, exams, and other didactic knowledge or practical skill evaluations.
4. Skill proficiency records [ on the applicable form in a
format as approved by the Office of EMS ]:
a. For BLS programs, BLS
individual age and clinical and skill performance verification information in a
format as approved by the Office of EMS.
b. For ALS coordinator or
EMS education coordinator programs, on forms or documents as approved by the
ALS coordinator, EMS education coordinator, or an accredited program.
5. All hospital or field
internship activities including dates, locations, competencies performed,
student evaluations, preceptor name and certification level as applicable.
6. All corrective or
disciplinary actions taken during the training program to include dates,
findings supporting the need for corrective or disciplinary action, and all
applicable details of steps taken to determine the degree and nature of the
actions taken.
7. Copy of the course
student disposition report (CSDR).
8. All other records
requested to be maintained by the PCD or OMD for the program.
9. Any other records or
reports as required by the Office of EMS.
12VAC5-31-1437. Continuing
education record submission.
The course coordinator
shall submit the CE records in a format approved by the Office of EMS within 15
days of the student's attendance.
12VAC5-31-1439. Verification
of student course completion.
Verification of student
eligibility on the [ CSDR
Course Student Disposition Record ] by the EMT instructor, ALS
coordinator, or EMS education coordinator for certification testing requires
that each student successfully complete a certification program [ and
meet that meets ] the competency and performance
requirements contained within the applicable course [ curriculum
requirements ] and all other guidelines and procedures for the
course and state certification testing eligibility.
12VAC5-31-1440. Certification
course enrollment. (Repealed.)
A. For all courses leading
to certification at a new or higher level, the course coordinator shall have
each student complete a "Virginia EMS Training Program Enrollment"
form. These forms shall be reviewed by the course coordinator and submitted to
the Office of EMS no later than 15 days following instruction of the third
lesson of the training program and no later than 15 days prior to the course's
end date. (Earlier submission is allowed and encouraged.)
B. Only students listed as
enrolled in the designated training program will be allowed to test for
certification using the assigned course number for the specified training
program.
All students attending a
certification course for recertification must submit the necessary CE
record/scan form for award of CE credits and issuance of a
"Recertification Eligibility Notice" from the Office of EMS.
12VAC5-31-1441.
Communications with PCD or OMD.
A. The EMT instructor, ALS
coordinator, or EMS education coordinator shall inform the PCD or OMD of the
progress of the training program to include:
1. Any program schedule
changes.
2. Individual student
performances.
3. Any student or instructor
complaints.
4. The general progress of
program activities.
B. The EMT instructor, ALS
coordinator, or EMS education coordinator will assist the PCD or OMD with
fulfillment of their course duties as required by Office of EMS regulations.
12VAC5-31-1443. Alternative
course presentation format.
EMS certification courses
utilizing an approved alternative course presentation format using two-way
video interactive technology shall comply with the following:
1. Use electronic media as
real time two-way audio and video transmissions.
2. The EMT instructor, ALS
coordinator, or EMS education coordinator must indicate in writing the desire
to use such media which shall accompany the Course Approval Request form.
3. Any other requirements
established by [ , but not
limited to, ] the Office of EMS and, if applicable, the Virginia
Community College System (VCCS) and the Virginia Department of Education.
4. [ A For sites using one-way
video and two-way audio, a ] proctor who is certified at or above
the level of the program shall be present at each remote site during the entire
broadcast for all didactic portions of the program.
5. Any lab activities at the
remote site shall have direct on-site supervision by a course [ coordinator certified faculty
member ] at or above the level of instruction. If the [ instructor
faculty member ] acts as the remote site proctor, he assumes the
responsibility of the class roster.
6. In cases where the remote
site proctor is absent or when the remote site electronics are not fully
operational (transmit and receive audio or video) the students do not receive
credit for attending and the session shall be rescheduled.
7. All course tests for the
program whether at the origin or remote site must comply with subdivision 4 of
this section.
8. The course coordinator
must maintain records of student participation in the approved alternative
presentation format and submit continuing education records for each involved
student for programs used for continuing education purposes.
9. Noncompliance with these
regulations shall result in removal of Office of EMS approval and students
shall lose eligibility for certification testing at the level of program
certification.
10. The Guidelines for Videobroadcasting of EMS Educational Programs document must
be signed by the EMT instructor, ALS coordinator, or EMS education coordinator
and PCD or OMD and accompany any request for electronic transmission of a
program with the Course Approval Request form.
11. Letter of agreement from
the remote site or sites confirming and agreeing to the guidelines.
12VAC5-31-1445. Course
scheduling.
Courses schedules shall
reflect the minimum hours for the course of instruction of all required lessons
of the [ program
program's ] curriculum prior to the course end date as approved by
the Office of EMS.
12VAC5-31-1447. Maximum BLS
or ALS course enrollment.
A. Initial and bridge
certification course size shall be limited to a maximum of 30 enrolled
students.
1. Additional students
seeking continuing education credit may be admitted as reasonably allowed by
facility size and instructional staff availability.
2. The group size for
practical or lab skill sessions shall not exceed six students per instructor
aide (6:1 ratio).
B. Office of EMS accredited
institutions or organizations may exceed the maximum of 30 enrolled students,
with [ demonstrated ]
resources to meet class size. The group size for practical or lab skill
sessions shall not exceed six students per instructor aide (6:1 ratio).
12VAC5-31-1449. Lesson
instructors.
A. In addition to the lead
instructor for each lesson, arrangements must be made to provide for instructor
aides to assist in all practical skill sessions. Instructor aides shall
be providers certified at or above the level of instruction.
B. Course coordinators who
are certified EMTs may be used for instruction of basic skill stations in
advanced life support programs. Basic skills are those procedures not requiring
invasive activities or use of ALS equipment.
12VAC5-31-1450. BLS student
enrollment requirements. (Repealed.)
The enrolled student,
certification candidate or EMS provider must comply with the following:
1. Be proficient in reading,
writing and speaking the English language in order to clearly communicate with
a patient, family or bystander to determine a chief complaint, nature of
illness, mechanism of injury or to assess signs and symptoms.
2. Be a minimum of 16 years
of age at the beginning date of the certification program. If less than 18
years of age, he shall provide the course coordinator with a completed parental
permission form with the signature of a parent or guardian verifying approval
for enrollment in the course.
3. Have no physical or
mental impairment that would render him unable to perform all practical skills
required for that level of certification including the ability to function and
communicate independently and perform appropriate patient care, physical
assessments and treatments without the need for an assistant.
4. Hold current
certification in an approved course in cardio-pulmonary resuscitation (CPR) at
the beginning date of the certification program. This certification shall also
be current at the time of state testing.
5. May not have been
convicted or found guilty of any crime, offense or regulatory violation, or
participated in any other prohibited conduct identified in these regulations.
6. If in a bridge
certification program, he shall hold current Virginia certification at the EMS
first responder level.
7. Meet other requirements
for course enrollment as set by the regional EMS council or local EMS resource,
the PCD or the course coordinator, approved by the Office of EMS.
12VAC5-31-1451. Course
monitoring.
All programs and courses
approved for issuance of certification or award of continuing education shall
allow unannounced monitoring by the Office of EMS. Failure to comply with such
course monitoring may result in the following disciplinary actions to include,
but not be limited to:
1. Revocation of the
training program's course approval.
2. Suspension or revocation
of the training program's authority to award continuing education credits.
3. Revocation of the
enrolled student's eligibility for certification testing.
4. Suspension or revocation
of the EMS instructor [ or
course, ALS-coordinator, or EMS educational coordinator ].
12VAC5-31-1453. EMT
instructor, ALS coordinator, [ and ]
EMS educational coordinator responsibilities for initial student testing.
A. An EMT instructor or EMS
education coordinator for BLS programs shall ensure the following for
documentation of eligibility for certification testing:
1. Submit a completed Course
Student Disposition Report (CSDR) in a manner as prescribed by the Office of
EMS.
2. Maintain with the course
materials the completed individual parental permission form for students
between 16 and 18 years of age on the beginning date of the course.
3. Maintain with the course
materials the original copy of the completed and signed Basic Life Support
Individual Age, Clinical and Skill Performance Verification Record [ form and provide a copy to the student ].
B. An ALS coordinator or
EMS education coordinator coordinating ALS programs shall [ provide submit ] the
[ following documentation of eligibility for certification testing:
1. Completion of the Course Student Disposition (CSDR) CSDR for
certification testing eligibility ].
[ 2. A copy of the
student’s EMT-Enhanced competency verification summary to the Office of EMS
test examiner. ]
Article 4
Certification Testing
12VAC5-31-1454. Admission to
certification test.
A. The person desiring to
take the certification examination must present the following:
1. The Virginia
certification eligibility letter.
2. Current government issued
photo identification.
3. If a retest, the latest
testing results.
B. The person desiring to
take the certification examination must be registered for the test site.
12VAC5-31-1455. [ Initial certification Certification ] testing requirements.
A. An Office of EMS written
and practical examination process is required by the following:
1. Any candidate who
completes an initial program at the following levels:
a. [ First Responder First
Responder/EMR ].
b. Emergency Medical
Technician.
c. Emergency Medical
Technician-Enhanced.
d. Advanced EMT.
e. [ Emergency Medical
Technician-Intermediate 99 Intermediate ] provided
National Registry no longer tests at this level.
[ f. Emergency
Medical Technician-Paramedic provided National Registry no longer tests at this
level. ]
2. Any candidate who is
challenging the certification level.
3. Any certified EMS
provider who received his current certification through legal recognition.
4. Any candidate who is in
reentry for First Responder or Emergency Medical Technician.
B. An Office of EMS written
examination only is required for the following:
1. Any provider who
recertifies prior to his certification expiration except those who received [ their his ] current
certification through legal recognition.
2. Any candidate who is in
reentry for EMT-Enhanced, Advanced EMT,
[ EMT-Intermediate Intermediate ] and
[ EMT-Paramedic Paramedic ].
12VAC5-31-1457. General
description of certification examination.
A. Office of EMS
certification examinations are required by all providers unless otherwise
described in these regulations.
B. Primary certification
testing is the first attempt at the certification examination process.
1. This process includes
both the written and practical examination for providers seeking a new or
higher level of certification.
2. Primary testing must
begin [ : a. Within
within ] 180 days of the course end date
[ ; or. ]
[ b. Within the
enrollment expiration date for students attending an Office of EMS accredited
program. ]
C. Primary retest requires
the candidate to retest that portion of the primary test failed within 90 days
of the primary test attempt.
D. Secondary certification
testing (written and practical) occurs when a candidate fails the primary
attempt and either fails the primary retest or does not retest within 90 days
of the primary examination attempt. Secondary certification testing requires
the candidate to submit as described in these regulations CE that satisfies the
recertification requirements for the level of EMS certification sought.
E. Secondary retest
requires the candidate to retest that portion of the secondary test failed
within 90 days of the secondary test attempt.
F. Successful completion of
the certification examination process must be completed [ : 1. Within within ] 365 days of the primary test attempt
[ ; or. ]
[ 2. Prior to the
enrollment expiration date for students attending an Office of EMS accredited
program. ]
G. The certification
examination process requires that certification testing be conducted and
proctored [ in a manner
approved ] by the Office of EMS.
12VAC5-31-1459. Certification
eligibility.
Certification eligibility
will be demonstrated by the possession of a valid eligibility letter from the
Office of EMS by the candidate.
12VAC5-31-1460. ALS student
enrollment requirements. (Repealed.)
An enrolled student in an
ALS certification program (EMT-Enhanced, EMT-Intermediate or EMT-Paramedic)
must comply with the following:
1. Be proficient in reading,
writing and speaking the English language in order to clearly communicate with
a patient, family or bystander to determine a chief complaint, nature of
illness, mechanism of injury or to assess signs and symptoms.
2. Be a minimum of 18 years
of age at the beginning date of the certification program.
3. Hold current
certification as an EMT or higher EMS certification level.
4. Hold, at a minimum, a
high school or general equivalency diploma.
5. Have no physical or mental
impairment that would render him unable to perform all practical skills
required for that level of training. Physical performance skills must include
the ability of the student to function and communicate independently, to
perform appropriate patient care, physical assessments and treatments without
the need for an assistant.
6. Not have been convicted
or found guilty of any crime, offense or regulatory violation, or participated
in any other prohibited conduct identified in these regulations.
7. Meet requirements for
course enrollment as set by the regional EMS council or local EMS resource, the
PCD or the course coordinator, approved by the Office of EMS.
8. If in an ALS bridge
certification program between certification levels, have completed the eligibility
requirements for certification at the prerequisite lower ALS level at the
beginning date of the ALS bridge certification program. He shall also become
certified at the lower ALS certification level before certification testing for
the higher level of the ALS bridge certification program.
12VAC5-31-1461. Prohibition
of oral examinations.
A certification candidate
may not use another person or any electronic or mechanical means to translate [ written ] certification
examination material into an audible [ or, ]
tactile [ , or visual ] format.
12VAC5-31-1463. Candidates
requirements for state recertification.
A. This section shall apply
to individuals requesting state recertification who hold current certification
at or below the level requested to be recertified (excluding those who gained
their current certification through legal recognition).
B. Students requesting
recertification must demonstrate eligibility as evidenced by completion of the
continuing education requirements for the corresponding recertification program
for the level to be recertified. Evidence of completion for the continuing
education requirements shall be received by the Office of EMS in an approved
method prior to certification expiration for the provider to be classified in current
provider status.
12VAC5-31-1465.
Recertification examination requirement.
A. Individuals who are
eligible to recertify and hold current certifications are required to
successfully complete the state written examination process based upon the
following:
1. All individuals who are
not affiliated with a licensed EMS agency must take the state written
examination to recertify.
2. Individuals affiliated
with a licensed EMS agency may be granted an exam waiver from the state written
recertification examination by the operational medical director (OMD) of the
EMS agency, provided:
a. A completed Virginia EMS
Certification Application signed by the OMD and the individual is submitted to
the Office of EMS documenting the exam waiver or a format approved by the
Office of EMS.
b. A Virginia EMS
Certification Application form submitted as an exam waiver must be received by
the Office of EMS no later than 30 days following the expiration of the
individual's certification at the level being waived.
(1) Virginia EMS
Certification Application forms received by the Office of EMS during the 30
days after the individual's certification expiration date will be considered
valid for recertification purposes. However, during this period following
expiration, the individual may not practice at the expired certification level.
(2) Virginia EMS
Certification Application forms received by the Office of EMS more than 30 days
after the individual's certification expiration date will be considered as
invalid and the individual will be deemed in reentry status and required
to test to regain current certification.
B. Candidates in current
provider status required or choosing to take the state recertification
examination must demonstrate eligibility as evidenced by presentation of a valid
recertification eligibility notice letter from the Office of EMS.
12VAC5-31-1467. Basic and
advanced life support written examinations.
A. All state written
examinations shall be conducted by the Office of EMS.
B. The Office of EMS
standard for successful completion is defined as a minimum score of:
1. 70% on all basic life
support certification examinations.
2. 80% on all EMT instructor [ and EMS education coordinator ] certification
examinations.
3. 85% on all EMT instructor [ and EMS education coordinator ] pretest
examinations.
4. 80% on all advanced life
support certification examinations.
12VAC5-31-1469. Basic and
advanced life support practical certification examinations.
A. Practical examinations
shall be conducted by the Office of EMS or as approved for accredited training
programs.
B. Candidates taking a
practical examination conducted by the Office of EMS shall demonstrate
proficiency on all practical stations required for the program level being
tested. Grades of unsatisfactory will constitute failure of that station,
requiring a retest.
C. Candidates failing any
practical station examination conducted by the Office of EMS will have an
opportunity to retest the station or stations failed.
D. If a primary retest is
failed, the candidate examination conducted by the Office of EMS must complete
the secondary retest requirements.
12VAC5-31-1470. Course
coordinator responsibility for certification candidate eligibility. (Repealed.)
A course coordinator shall
provide the successful certification candidate the following documentation of
eligibility for testing:
1. A "Virginia EMS
Certification Application" with required signature attesting to the
eligibility for certification testing.
a. If a BLS certification
program, the course coordinator shall by his signature attest to the
eligibility of the certification candidate for certification testing.
b. If an ALS certification
program, the physician course director shall by his signature attest to the
eligibility of the certification candidate for certification testing.
2. If a certification
candidate is less than 18 years of age on the beginning date of the program,
the parental permission form that was completed and signed at the beginning of
the program.
3. A completed individual
skill performance, clinical training or field internship record, or a
combination of these, as applicable for the EMS certification program.
12VAC5-31-1471. Examination
retest.
A. Candidates failing to
achieve a minimum passing score on any state administered written or practical
examinations must retest within 90 days from the original exam date.
B. BLS and EMT Enhanced
candidates failing one or more stations of the practical but passing the
written examination are not required to repeat a successful written examination
of a testing series. Likewise, a candidate failing the written examination
would not be required to repeat a successful practical examination of a testing
series.
C. If any retest is failed
or a retest is not taken within the allowed 90-day retest period, the candidate
will be considered to have failed the initial testing series and must complete
secondary eligibility before secondary certification testing may be attempted.
D. Secondary certification
testing eligibility requires:
1. Satisfaction of all
requirements as set forth in the minimum continuing education requirements for
the corresponding recertification CE program for the level being tested.
a. This training may not
include any course or program completed before the initial series of testing.
b. This training may include
those CE hours completed after the initial certification examination has been
attempted.
c. This training must be
submitted on CE cards or a format as approved by the Office of EMS.
2. Receipt of written
notification from the Office of EMS of eligibility for secondary certification
testing.
E. Upon notification of
eligibility to test from the Office of EMS, a candidate who has previously
failed a written or practical retest will be allowed one additional series of
testing.
1. Candidates attempting a
second series of testing are required to successfully complete both the written
and practical examinations regardless of the results of the previous testing
attempts.
2. This requirement for
successful completion of both the written and practical examinations will apply
equally to initial, recertification, and reentry candidates who have failed a
previous series of testing.
3. All appropriate sections
of these regulations will apply to the second series of testing.
F. Failure of any retest
during the second series of testing will require the candidate to complete an
entire initial basic training program or applicable bridge course before any
additional testing may be attempted at this certification level.
G. The requirements of this
section including initial and secondary certification testing series must be
completed within 365 days from the date of the initial certification test
attempt (i.e., first test date) or prior to the enrollment expiration date for
students attending an OEMS accredited program. Failure to complete this process
within this prescribed period will require the candidate to repeat an entire
initial basic training program or applicable bridge course before any
additional testing may be attempted at this certification level.
H. Future testing of
candidates required to complete an entire initial basic training program under
subsections F or G of this section will be processed in the same manner as any
candidate completing a similar course for the first time.
12VAC5-31-1473. Candidate
evidence of eligibility for retesting.
Candidates requesting to
retest a failed written or practical exam or exams must demonstrate eligibility
as evidenced by presentation of the letter of retest eligibility from the
Office of EMS and the latest test results.
12VAC5-31-1475. Candidate
evidence of eligibility for secondary testing.
Candidates requesting
testing a second series of exams after failure of an initial testing series must
demonstrate eligibility as evidenced by valid secondary eligibility notice from
the Office of EMS.
12VAC5-31-1477. Examination
security and review.
A. All Virginia
examinations are the property of the Office of EMS. Individuals taking an
examination may not copy or make recordings or reproduce in any other manner
any material from the examination. Failure to return the examination will
subject the individual to disqualification for certification.
B. Giving or obtaining
information or aid prior to, during, or following any exam as evidenced by
direct observation of the state examination administrator or administrators or
subsequent analysis of examination results or engaging in other prohibited
acts, may be sufficient cause to terminate candidate participation, to
invalidate the results of a candidate's examination, to take enforcement action
against other involved persons, or to take other appropriate action even if
there is no evidence of improper conduct by the candidate. In these
cases, the Office of EMS reserves the right to delay processing of examination
results until a thorough and complete investigation may be conducted.
1. Unauthorized giving or
obtaining information will include but not be limited to:
a. Giving unauthorized
access to secure test questions.
b. Copying or reproducing
all or any portion of any secure test booklet.
c. Divulging the contents of
any portion of a secure test.
d. Altering candidate's
responses in any way.
e. Making available any
answer keys.
f. Providing a false
certification on any test security form required by the Office of EMS.
g. Retaining a copy of
secure test questions.
h. Falsely taking any
examination, or part thereof, on behalf of another individual.
i. Participating in, directing, aiding, or assisting in
any of the acts prohibited by this section.
2. For the purposes of this
section the term "secure test" means any item, question, or test that
has not been made publicly available by the Office of EMS.
3. Nothing in this section
may be construed to prohibit or restrict the reasonable and necessary actions
of the Office of EMS in test development or selection, test form construction,
standard setting, test scoring and reporting, or any other related activities
that in the judgment of the Office of EMS are necessary and appropriate.
C. Under no circumstances
will written examinations and practical scenarios be provided to EMT
instructor, ALS coordinator, EMS education coordinator, PCD or OMD, or
candidates for their review at any time.
12VAC5-31-1480. Eligibility
for certification examination. (Repealed.)
A. A certification
candidate shall take the initial EMS certification examination within 180 days
of the end date of the EMS certification program by presenting the following at
a state certification examination:
1. A completed
"Virginia EMS Certification Application" form signed by the course
coordinator for BLS programs or the physician course director for ALS programs.
2. A parental permission
form if the certification candidate was less than 18 years of age on the
beginning date of a BLS program.
3. A completed individual
skill performance, clinical training or field internship record, or a
combination of these, as applicable for the EMS certification program.
4. For BLS certification
courses, a current CPR card or a valid copy of the course roster from a CPR
course approved by the Office of EMS unless an individual skill performance
record verifies this information.
5. Positive identification
in the form of a government issued picture identification card.
B. A certification
candidate in recertification, reentry, equivalency challenge or legal
recognition status shall present the following at a state certification
examination:
1. A "Recertification
Eligibility Notice" or test authorization letter from the Office of EMS.
2. Positive identification
in the form of a government-issued picture identification card.
12VAC5-31-1490. Recertification
Eligibility Notice. (Repealed.)
A. An EMS provider who has
satisfied the CE hours specified for his certification level may be issued a
"Recertification Eligibility Notice."
B. A "Recertification
Eligibility Notice" remains valid until the expiration of the current
certification period or the two-year "reentry" period for the level
indicated unless the requirements for recertification are changed by the Office
of EMS.
12VAC5-31-1500. Eligibility
for EMT-Instructor certification program. (Repealed.)
A. An EMS provider must
comply with the following in order to be eligible to take the EMT Instructor
written examination:
1. Be a minimum of 21 years
of age.
2. Hold current
certification as an EMT or higher EMS certification level, and have been
certified as an EMT for a minimum of two years.
3. Be a high school graduate
or equivalent.
4. Have completed any other
prerequisite training required by the Office of EMS.
5. Obtain a minimum score of
85% on a written pretest examination.
a. Instructor pretest
results are valid for a period of two years from the date of the written
examination.
b. An EMS provider failing a
written pretest examination is not eligible to repeat the examination for a
period of 90 days from the date of the examination.
B. An EMT instructor
candidate shall demonstrate competency during a formal practical pretest
examination. An EMT instructor candidate shall provide the Office of EMS the
following to be eligible for the practical examination:
1. An EMT instructor
candidate affiliated with an EMS agency shall be recommended by the EMS
physician serving as the agency's OMD.
2. An EMT instructor
candidate who is not affiliated with an EMS agency shall provide both a
recommendation from an EMS physician and a statement from his employer or
perspective employer attesting to the need for instructor certification to meet
the EMS training needs of the organization.
C. An EMT instructor candidate
shall receive an invitation from the Office of EMS to attend an instructor
institute.
1. An EMT instructor
candidate shall successfully complete an EMT-instructor institute conducted by
the Office of EMS. Attendance of some portions of the EMT-instructor institute
may be waived for qualified candidates who present documentation of completion
of equivalent programs in adult education approved by the Office of EMS.
2. An EMT instructor
candidate shall demonstrate application of the knowledge and skills required of
an Instructor during a teaching presentation made at the Instructor Institute.
a. An EMT instructor
candidate who performs to an acceptable level may be certified.
b. An EMT instructor
candidate who performs at an unacceptable level will be deemed to have failed
the instructor institute. The candidate will be required to repeat the entire
EMT Instructor certification process to apply for EMT-instructor certification.
c. An EMT instructor
candidate who performs at a marginal level may be granted "Conditional
Instructor Status."
Article 5
BLS Programs
12VAC5-31-1501. BLS
certification course attendance.
A. Students must [ be present for complete ]
a minimum of 85% of the [ entire didactic and lab
aspects of the ] course.
B. Students must complete
all healthcare facility competency and field internship requirements for the
program.
C. Students must
successfully demonstrate competency to perform all required skills as specified
by the Office of EMS for the level of the training program attended. Use of
training manikin practice may not substitute for performance of skills
involving actual patients in a clinical setting except as allowed by the Office
of EMS.
12VAC5-31-1503. BLS course
student requirements.
The enrolled student,
certification candidate, or EMS provider must comply with the following:
1. Be proficient in reading,
writing and speaking the English language in order to clearly communicate with
a patient, family, or bystander to determine a chief complaint, nature of
illness or, mechanism of injury; assess signs and symptoms; and interpret
protocols.
2. Be a minimum of 16 years
of age at the beginning date of the certification program. If less than 18
years of age, the student must provide the EMT instructor or the EMS
educational coordinator with a completed parental permission form as approved
by the Office of EMS with the signature of a parent or guardian supporting
enrollment in the course.
3. Have no physical or
mental impairment that would render the student or provider unable to perform
all practical skills required for that level of certification including the
ability to function and communicate independently and perform patient care,
physical assessments, and treatments.
4. Hold current
certification in an approved course in cardio-pulmonary resuscitation (CPR) at
the beginning date of the certification program. This certification must also
be current at the time of state testing.
5. If in a bridge
certification program, the student must hold current Virginia certification at
the EMS First Responder level through completion of the certification
examination process.
12VAC5-31-1505. EMS First
Responder certification program.
The EMS First Responder
curriculum will be the current version of the Virginia Standard Curriculum or Virginia
education standards for the EMS First Responder as approved by the Office of
EMS and will consist of a minimum number of hours of didactic training.
12VAC5-31-1507. First
Responder bridge to EMT.
The Virginia EMS First
Responder Bridge curriculum will be based upon the National Standard Curriculum
for the EMT and the bridge program curriculum approved by the Office of
EMS.
12VAC5-31-1509. EMS First
Responder bridge length.
The Virginia EMS First
Responder Bridge will consist of a minimum number of hours of didactic training
and competency.
12VAC5-31-1510. EMS
certification written examination. (Repealed.)
A certification candidate
shall pass the written certification examination with a minimum score of:
1. 70% on a BLS
certification examination.
2. 80% on an ALS
certification examination.
3. 85% on an EMT-Instructor
pretest examination.
4. 80% on an EMT-Instructor
recertification examination.
12VAC5-31-1511. First
Responder bridge to EMT certification examinations.
Candidates completing the Virginia
EMS First Responder Bridge program must complete the current EMT written and
practical examinations administered by the Office of EMS.
12VAC5-31-1513. Emergency
Medical Technician (EMT) certification.
The EMT curriculum will be
based upon the current version of the National Standard Curriculum for the EMT
or Virginia education standards and any additions, deletions, or other
modifications as approved by the Office of EMS and will consist of a minimum
number of hours of didactic training and competency.
12VAC5-31-1515. Emergency
Medical Technician (EMT) certification examination.
Candidates completing the
EMT training program must successfully complete the Office of EMS approved EMT
written and practical examinations.
12VAC5-31-1520. EMS
certification practical examination. (Repealed.)
A. A certification
candidate shall pass all practical stations required for the certification
level being tested.
B. A grade of
UNSATISFACTORY on a critical criteria within a practical station will result in
failure of that station.
C. A grade of
UNSATISFACTORY on a practical station that uses numeric scoring will include
failure to obtain the minimum required points.
Article 6
ALS Programs
12VAC5-31-1521. ALS course
student requirements.
An enrolled student in an
ALS certification program shall comply with the following:
1. Be proficient in reading,
writing and speaking the English language in order to clearly communicate with
a patient, family or bystander to determine a chief complaint, nature of
illness, mechanism of injury, to assess signs and symptoms, and interpret
protocols.
2. Be a minimum of 18 years
of age at the beginning date of the certification program.
3. Certification as an EMT
or higher EMS certification level.
4. Posses
a high school or general equivalency diploma.
5. Have no physical or
mental impairment that would render the student or provider unable to perform
all practical skill required for that level of certification including the
ability to function and communicate independently and perform appropriate
patient care, physical assessments, and treatments.
6. If in a bridge
certification program, the student shall be eligible for certification at the
prerequisite lower ALS level at the beginning date of the bridge program and
shall have obtained certification at the bridge program's prerequisite
certification level before certification testing for the bridge level.
12VAC5-31-1523. EMT-Enhanced
certification.
A. The EMT-Enhanced
curriculum will be the current Virginia Standard Curriculum for the
EMT-Enhanced as approved by the Office of EMS.
B. Certification for the
EMT-Enhanced course will be awarded upon successful completion of written and
practical examinations administered by the Office of EMS.
C. EMT-Enhanced certification
practical testing will follow practical testing guidelines as approved by the
Office of EMS.
12VAC5-31-1524. Advanced EMT
certification.
A. The Advanced EMT
curriculum will be the current Virginia Standard Curriculum for the Advanced
EMT or Virginia education standards as approved by the Office of EMS.
B. Certification for the
Advanced EMT course will be awarded upon successful completion of written and
practical examinations administered by the Office of EMS.
C. Advanced EMT
certification practical testing will follow practical testing guidelines as
approved by the Office of EMS.
12VAC5-31-1525. [ EMT-Intermediate Intermediate ]
certification.
A. The [ EMT-Intermediate Intermediate ]
curriculum will be the U.S. Department of Transportation National Standard
Curriculum for the [ Intermediate EMT-Intermediate ]
99 or a bridge program curriculum or Virginia education standards as
amended and approved by the Office of EMS.
B. Certification for the [ EMT-Intermediate Intermediate ]
course will be awarded through reciprocity upon successful completion of
written and practical examinations created and administered by the National
Registry of Emergency Medical Technicians.
C. When the National
Registry of Emergency Medical Technicians no longer tests EMT-Intermediate 99,
the Board of Health will assume testing responsibilities for this level.
12VAC5-31-1527. [ EMT-Paramedic Paramedic ]
certification.
A. The [ EMT-Paramedic Paramedic ]
curriculum will be the National Standard Curriculum for the [ EMT-Paramedic
or Paramedic ] or a bridge program [ curriculum ]
approved by the Office of EMS.
B. Certification for the [ EMT-Paramedic Paramedic ]
course will be awarded through reciprocity upon successful completion of
written and practical examinations created and administered by the National
Registry of Emergency Medical Technicians.
12VAC5-31-1529. Advanced life
support bridge courses.
A. Bridge courses are
designed to allow a candidate to advance from a lower level of ALS
certification to a higher level of ALS certification or for a Virginia licensed
registered nurse [ (RN) ]
to bridge to the [ EMT-Paramedic Paramedic ]
certification level:
1. EMT-Enhanced to [ EMT-Intermediate Intermediate ]
Bridge.
2. [ EMT-Intermediate Intermediate ]
to [ EMT-Paramedic Paramedic ] Bridge.
3. RN to [ EMT-Paramedic Paramedic ]
Bridge.
B. All bridge programs
shall use the [ minimum ]
training curriculum approved by the Office of EMS for the certification
level of the program.
12VAC5-31-1530. Certification
examination retest. (Repealed.)
A. A certification
candidate may have up to two series of state certification examinations before
being required to repeat an entire BLS or ALS certification program.
B. A certification
candidate failing the written or practical certification examination of an exam
series shall retest within 90 days from the date of the original examination.
C. A certification
candidate failing a practical examination but passing the written examination
of an exam series shall only repeat the practical examination of an exam
series. A certification candidate failing the written examination but passing
the practical examination shall only repeat the written examination for the
exam series.
D. A certification
candidate who has failed the retest of the initial examination series or has
not taken the retest within the 90 day series retest period, shall satisfy the
following before an additional certification test may be attempted:
1. Completion of the
recertification CE hour requirements for the level to be tested.
2. Receipt of a "Second
Certification Testing Eligibility Notice" from the Office of EMS.
E. A certification
candidate who has received a "Second Certification Testing Eligibility
Notice" must pass both the written and practical certification examinations
for the certification level.
F. A certification
candidate who fails a retest during the second certification examination series
must complete an initial certification program or applicable bridge course in
order to be eligible for further certification examination.
G. A certification
candidate shall complete all certification examination series within 12 months
from the date of the first certification examination attempt. This 12-month
maximum testing period may shorten the time available for retesting specified
in subsection B of this section.
12VAC5-31-1531. Registered
nurse to [ EMT-Paramedic
Paramedic ] bridge prerequisites.
RN to [ EMT-Paramedic Paramedic ]
students must be able to document compliance with the following
prerequisites:
1. The candidate must be
currently licensed as an RN in Virginia or as recognized through the Nursing
Compact Agreement as approved by the Virginia Board of Nursing.
2. The candidate must
currently hold certification as a Virginia EMT or higher certification.
3. The candidate must be
currently participating as an EMS field provider or actively working as an RN.
12VAC5-31-1533. Registered [ Nurse nurse ] to [ EMT-Paramedic
Paramedic ] bridge program completion requirements.
A. The RN to [ EMT-Paramedic Paramedic ]
bridge curriculum shall be the National Standard Curriculum for the
[ EMT-Paramedic Paramedic ] or a bridge
program derived from this curriculum approved by the Office of EMS.
B. The student will receive
formal instruction in all the objectives listed in the [ EMT-Paramedic Paramedic ]
curriculum as recognized by the Office of EMS either through an accredited
[ EMT-Paramedic Paramedic ] course or through
a nursing education program as recognized by the Virginia Board of Nursing.
C. Certification for the RN
to [ EMT-Paramedic
Paramedic ] bridge course will be awarded through reciprocity upon
successful completion of written and practical examinations created and
administered by the National Registry of Emergency Medical Technicians.
12VAC5-31-1535. NREMT
Paramedic endorsements.
A. Physician assistants
(PA) or nurse practitioners (NP) may receive Virginia endorsement to sit for
the National Registry of EMT's Paramedic written and practical examinations
after providing verification of successful completion of the following
criteria:
1. The PA or NP shall be
currently Virginia certified as an EMT-Basic or may be allowed, with written
permission from the Office of EMS, to complete the 36 hour EMT-Basic continuing
education (CE) hours and successfully complete the EMT-Basic written and
practical certification examination.
2. The PA or the NP shall
receive endorsement from an EMS physician who verifies the candidate satisfies
the paramedic competencies by completing a form as prescribed by the Office of
EMS.
3. Team leader skills shall
be completed and verified on a form as prescribed by the Office of EMS.
B. Third and fourth year
medical students, and Virginia licensed dentists or chiropractors may receive
Virginia endorsement to sit for the National Registry of EMT-Paramedic written
and practical examinations after providing successful completion of the
following criteria:
1. Must possess or have
possessed pre-hospital ALS certification that must not have expired more than
24 months prior to submission.
2. Must be currently
certified as a Virginia EMT-Basic.
3. Third and fourth year
medical students shall submit a copy of their official medical school
transcripts. Dentists or chiropractors shall submit to the Office of EMS a copy
of their license to practice in Virginia.
12VAC5-31-1540. Prohibition
of oral examination administration. (Repealed.)
A certification candidate
may not use another person or any electronic or mechanical means to translate
certification examination material into an audible or tactile format.
Article 7
EMT Instructor, ALS Coordinator and EMS Education Coordinator
12VAC5-31-1541. [ EMT instructor candidate
(Reserved.) ]
[ A. An EMS
provider must comply with the following in order to be eligible to take the EMT
instructor written examination:
1. Be a minimum of 21
years of age.
2. Hold current Virginia
EMS certification as an EMT or higher Virginia EMS Certification level.
3. Have been certified as
an EMT or higher level of EMS certification for a minimum of two years.
4. Must have a minimum of
two years field experience as an EMS provider.
5. Proof of a high school
diploma or equivalent.
B. The EMT instructor
candidate must not have any EMS compliance enforcement issued within the
previous twenty-four months or twenty-four months from the end date of the
issued enforcement action. ]
12VAC5-31-1542. [ EMT-Instructor (Reserved.) ]
[ A. The
instructor candidate shall successfully complete a written and practical
pre-test as approved by the Virginia Office of EMS.
B. The instructor
candidate will successfully complete an instructor program as approved by the
Virginia Office of EMS. ]
12VAC5-31-1543. EMT
instructor recertification.
[ This section will
expire on September 20, 1014. ]
A. The EMT instructor's
certification shall be renewed every two years. To fulfill the recertification
requirements, the EMT instructor must:
1. Instruct a minimum of 50
hours of EMT or First Responder subject material in approved courses within the
two-year certification period. This requirement only may be met through
instruction of standard Basic Life Support training courses or other programs
approved for Basic Life Support (Category 1) continuing education credit.
2. Successfully complete a
minimum of one EMS instructor update within the two-year certification period.
3. Successfully complete the [ EMT-Basic EMT ] written
certification examination with a minimum passing score of 80%. This examination
may be completed at any time following attendance of an EMS instructor update.
If the EMT instructor is affiliated with a licensed EMS agency, this
examination may be waived by the EMS agency's OMD.
B. Have no physical or
mental impairment that would render the instructor unable to perform and
evaluate all practical skills and tasks required of an EMT.
12VAC5-31-1544. EMT
instructor reentry.
[ This section
will expire on September 10, 2014. ]
Individuals whose EMT
instructor certification has expired may regain full certification through
completion of the reentry program within two years of their previous expiration
date provided:
1. If the EMT instructor has
completed the teaching requirements but is unable to fulfill one or more of the
remaining requirements, the remaining requirements for recertification shall be
completed within two years following the expiration date. However, if the
required [ EMT-Basic
EMT ] examination was not completed prior to expiration, this
examination may not be waived by an EMS Agency OMD.
2. If the EMT instructor has
not completed the teaching requirements, the following requirements will be
necessary for reentry:
a. Successful completion of
the EMT instructor written and practical pretest examinations.
b. Attendance of the
administrative portions of an EMT instructor institute.
3. Upon completion of the
applicable requirements for reentry, new EMT instructor credentials will be
issued for a two-year period. Thereafter, all of the requirements for
recertification under 12VAC5-31-1545 will apply.
12VAC5-31-1545. [ Advanced Life Support coordinator
program. (Reserved.) ]
[ An Advanced Life
Support Coordinator may coordinate initial and continuing education training
programs for EMT-Enhanced, Advanced EMT, EMT-Intermediate and EMT-Paramedic up
to their level of EMS certification or other healthcare certification/licensure
as approved by the Office of EMS. ]
12VAC5-31-1546. [ Advanced Life Support coordinator
certification (Reserved.) ]
[ A. Prerequisites
for certification as an Advanced Life Support coordinator are:
1. Must be a minimum of
twenty-one (21) years of age.
2. The Advanced Life
Support coordinator candidate must not have any EMS compliance enforcement
issued within the previous 24 months or two years from the end date of the
issued enforcement action.
3. The applicant must
hold current certification or licensure for one or more of the following issued
by the Commonwealth of Virginia:
a. EMT-Enhanced.
b. Advanced EMT.
c. EMT-Intermediate.
d. EMT-Paramedic.
e. Physician assistant.
f. Nurse practitioner.
g. Registered nurse.
h. Doctor of osteopathy.
i. Doctor of medicine.
B. A certification
application shall be completed and submitted as prescribed by the Office of
EMS.
C. Upon receipt of a
complete Advanced Life Support coordinator application meeting the
prerequisites and qualifications for certification, the applicant must attend
an Advanced Life Support coordinator seminar.
D. Performance of any
medical procedure is not permitted based upon Advanced Life Support coordinator
certification. ]
12VAC5-31-1547. Renewal of
Advanced Life Support coordinator.
A. An ALS coordinator must
maintain current certification as a Virginia ALS provider or licensure as a
doctor of medicine, doctor of osteopathy, registered nurse, or physician
assistant.
B. An ALS coordinator must
resubmit an ALS coordinator certification application before his expiration
month.
C. Successfully complete a
minimum of one EMS instructor update or an ALS coordinator meeting within the
two-year certification period.
D. A individual whose ALS
coordinator certification has expired may regain full endorsement through
completion of the reentry program within two years of his previous expiration
date provided he:
1. Submits a completed ALS
coordinator certification application; and
2. Successfully completes a
minimum of one EMS instructor update or an ALS coordinator meeting within the
two-year certification period.
12VAC5-31-1548. EMS education
coordinator.
A. The EMS education
coordinator may announce and teach courses at or below his provider
certification level. An EMS education coordinator who certifies at a higher
level may not begin announcing or coordinating courses at that level until they
have attained one year of field experience at that level.
B. Performance of any
medical procedure is not permitted based upon EMS education coordinator certification.
C. Current EMT instructors
and ALS coordinators will be transitioned to EMS education coordinator within
four years of (the effective date of these regulations).
12VAVC-5-31-1549. EMS
education coordinator prerequisites.
Prerequisites for certification
as an EMS education coordinator are:
1. Be a minimum of 21 years
of age.
2. [ Posses Possess ] a
high school diploma or equivalent.
3. [ Hold current Virginia EMS certifications as
an EMT or higher level Virginia EMS certification. ]
[ 3. 4. ]
Have three years medical experience with a minimum of two years verified
field experience as an EMS provider at the appropriate [ level ]
EMS level or two years of current Virginia licensure as [ an
a ] registered nurse, [ physicians
physician ] assistant, doctor of osteopathic medicine, or doctor of
medicine.
[ 4. 5. ]
Must not have any EMS compliance enforcement actions within the previous
five years.
12VAC5-31-1550. Certification
examination security. (Repealed.)
A person found to have
given or obtained information or aid before, during or following a
certification examination may be subject to disqualification of eligibility for
certification examination and to further enforcement action. Unauthorized
giving or obtaining of information will include but not be limited to:
1. Unauthorized access to a
certification examination question;
2. Copying, reproducing or
obtaining all or any portion of material from a certification examination;
3. Divulging any material
from a certification examination;
4. Altering in any manner
the response of a certification candidate, except by the Office of EMS;
5. Providing false
certification or identification on any certification examination form;
6. Taking a certification
examination on behalf of another person; or
7. Participating in,
directing, aiding, or assisting in any of the acts prohibited by this section.
12VAC5-31-1551. EMS education
coordinator certification process.
A. Eligible EMS education
coordinator candidates will submit an application to include endorsement from
an EMS physician.
B. Upon receipt and
verification of the application, the eligible EMS education coordinator
candidate will [ be
required to receive an eligibility to test letter and must ]
complete a written and practical examination.
[ 1. The EMS education
coordinator application is valid for a period of two years from either primary
test attempt date or 180 days after the application is approved, whichever is
less. During this period of time, the candidate cannot submit another EMS education
coordinator application.
2. An EMS education
coordinator candidate written testing process shall have a primary and
secondary attempt.
a. Primary written testing
attempt is the first attempt at the EMS education coordinator written testing process.
b. Primary retest requires
the candidate to retest the written test within 90 days of the date the primary
test was attempted.
c. Secondary written testing
occurs when a candidate fails the primary attempt and either fails the primary
retest or does not retest within 90 days of the primary written attempt.
d. Secondary written test
eligibility is initiated 90 days from the date of the failed primary retest or
180 days after the date of the failed primary test, whichever is less.
e. Secondary written retest
requires the candidate to retest the written test within 90 days of the date
the secondary test was attempted.
3. An EMS education
coordinator candidate practical testing process shall have a primary and
secondary attempt which cannot begin before the written primary test.
a. Primary practical testing
attempt is the first attempt at the EMS education coordinator practical testing
process.
b. Primary retest requires
the candidate to retest that portion of the practical test failed. Same day
retesting is allowed only if the candidate fails less than 75% of the practical
test.
c. Secondary practical
testing is initiated after practical primary retest failure and requires the
candidate test all practical stations.
d. Secondary retest requires
the candidate to retest that portion of the practical test failed. Same day
retesting is allowed only if the candidate fails less than 75% of the secondary
attempt on the practical testing. ]
C. After successfully
completing the written and practical examination, the qualified eligible EMS
education coordinator candidate shall attend training as required by OEMS.
[ D. All components of
the EMS education coordinator certification process must be completed within
two years from the end of the month of the primary test attempt or 180 days
after approved and eligibility for testing is initiated, whichever is less. ]
12VAC5-31-1552. EMS education
coordinator recertification process.
A. To be eligible to
recertify, the EMS education coordinator shall:
1. Maintain his provider
certification.
2. Teach a minimum of 50
hours of initial certification or Category 1 CE and provide documentation of
completion submitted in a process established by OEMS.
3. Complete one EMS
education coordinator update in the
[ two-year three-year ] certification period.
4. Complete a minimum of 12
hours of instructor focused continuing education.
5. Submit an EMS education
coordinator application to include endorsement from an EMS Physician.
B. Upon completion of the
recertification requirements, the EMS education coordinator will receive an
"Eligibility Notice" and must take and pass the EMS education
coordinator recertification examination.
C. All recertification
requirements must be completed and submitted to OEMS prior to the certification
expiration date.
12VAC5-31-1553. EMS education
coordinator reentry.
A. If an EMS education
coordinator does not complete or submit all recertification requirements prior
to his expiration date, he will go into a two-year reentry period.
B. During the reentry, the
EMS education coordinator will not be allowed to coordinate any certification [ of or ] CE
courses. Any current courses in progress at the time of loss of EMS education
coordinator certification will be suspended.
C. All outstanding
recertification requirements shall be completed during the reentry period.
D. Failure to complete all
recertification requirements during the reentry period will require the
provider to complete the entire certification process as prescribed in
12VAC5-31-1551.
12VAC5-31-1560. BLS course
coordinator reimbursement. (Repealed.)
A. The BLS course
coordinator for approved first responder and emergency medical technician
certification courses and Category 1 "Required" CE programs is
eligible to request reimbursement. Reimbursement is designed to cover estimated
costs for instruction and coordination of approved programs.
B. A BLS course coordinator
is eligible for reimbursement if he is not receiving payment or reimbursement
from any source other than a rescue squad or other emergency medical services
organization that operates on a nonprofit basis exclusively for the benefit of
the general public for instruction of the same course.
1. Fees not exceeding actual
cost may be charged to students for textbooks, handouts, disposable medical
supplies, other course materials and payment of assisting instructors actually
utilized in the course. Upon request, a schedule of fees charged shall be
provided to the Office of EMS.
2. Tuition enrollment or
institutional fees charged students for taking the course may be reason for
denial of reimbursement payment.
3. The sponsoring rescue
squad or other emergency medical services organization may make payment to the
course coordinator in an amount up to the hourly reimbursement rate established
by the Office for BLS programs.
C. Requirements for Reimbursement
Approval. A BLS course coordinator requesting reimbursement shall complete and
sign the "Independent Contractor" agreement section of the Course
Approval Request form.
1. A BLS course coordinator
requesting reimbursement is an "Independent Contractor" and is not an
employee of the Office of EMS or any agency of the Commonwealth of Virginia
while fulfilling this independent contractor agreement.
2. The training program
shall be "open" to any qualified student up to the maximum of 30
allowed in a single program. No requirement for specific agency or employment
affiliation may be imposed to limit or exclude enrollment by any individual in
reimbursed courses.
3. There shall be a minimum
enrollment of 13 students at the start of the program to qualify for full
reimbursement, unless the Office of EMS has granted specific prior approval.
a. Programs with enrollments
of less than 13 students at the time of instruction of the third lesson of the
course curriculum shall submit a "Small Course Special Approval
Request" form to the Office of EMS. This form requires justification of
the need for continued instruction of this program for reimbursement.
b. Programs approved for
reimbursement with enrollments of less than 13 will be reimbursed at a lower
rate than larger programs.
4. "Small Course
Special Approval Request" forms will be reviewed by Office of EMS staff
and returned to the course coordinator indicating approval or denial. Programs
are initially approved for reimbursement based upon the information provided at
the time of request. Failure to properly coordinate and instruct the program,
or other violations of applicable sections of these regulations may be deemed
as grounds to deny or modify reimbursement payments at course completion.
D. Final Payment. Upon
course completion, and after all requirements of these regulations and the
reimbursement contract have been satisfied, the course coordinator may request
reimbursement.
1. To make application for
payment, the Reimbursement Claim Form shall be submitted to the Office of EMS
for review and final approval.
2. A course coordinator may
request that payment be made out in his name or that of a sole proprietorship
or partnership he operates as a principal party. Checks made to organizations
require submission of the business' federal employers identification number
(FEIN) in place of the course coordinator's social security number in these
cases. Reimbursement may not be paid to anyone other than the course
coordinator who announced and contracted for the involved course.
Article 8
EMS Training Fund
12VAC5-31-1561. EMS training
fund.
The Board of Health has
established the emergency medical services training fund (EMSTF) to support
certification and continuing education for BLS and ALS programs. Funding for
various approved training programs will be administered on a contract basis
between the EMT instructor, ALS coordinator, or EMS educational coordinator and
the Office of EMS. [ In
addition, a tuition reimbursement component has been established to help defray
the costs associated with obtaining initial certification. ]
12VAC5-31-1563. Contracting
through the EMS training fund.
The Board of Health
promulgates funding contracts for EMS training programs annually on July 1.
Only EMT instructors, ALS coordinators, or EMS educational coordinators are
eligible to submit funding contracts. The requirements of the funding contracts
supersede these regulations as they are legal documents.
12VAC5-31-1565. [ Individual tuition reimbursement.
(Reserved.) ]
[ A. Individual
reimbursement is provided for expenses incurred by students who attend initial
certification programs that received funding from the EMSTF program. Funding is
made available to any certified and affiliated EMS provider in the
Commonwealth.
B. Reimbursement will be
awarded based upon tuition expenses incurred by the student (minus grants and
scholarships) up to the maximum amount defined in the EMSTF program. Funding
for individual tuition reimbursement is determined by the Office of EMS based
upon the EMSTF tuition award formula. There are two different funding levels:
1. Non-EMSTF funded
initial certification programs, and
2. EMSTF funded initial
certification programs.
C. Individual requests
for tuition reimbursement require that the applicant:
1. Be a Virginia
certified EMS provider at the level of the program for which tuition is
requested.
2. Submit a completed
application as prescribed by the Office of EMS.
3. Ensure the submitted
application shall be postmarked to the Office of EMS within 180 days of the
applicant receiving Virginia certification at the level for which the tuition
reimbursement is sought.
4. Not submit or have
previously submitted at the current level his name for reimbursement under the
organizational tuition reimbursement process.
D. Falsification of
information shall nullify the tuition reimbursement request and any subsequent
requests for a period of five (5) years. ]
12VAC5-31-1567. [ Organizational tuition reimbursement
(Reserved.) ]
[ A. Reimbursement
is provided for tuition expenses incurred by EMS agencies or governmental
organizations that pay for students to attend initial certification programs.
B. Funding is made
available to include but is not limited to:
1. 501(c) (3)
organizations.
2. Governmental
organizations.
3. Individuals who are
not considered for-profit entities.
C. Reimbursement will be
awarded based upon tuition expenses (minus grants and scholarships) up to the
maximum amount defined in EMSTF program. Funding for organizational tuition
reimbursement is determined by the Office of EMS based upon the EMSTF tuition
award formula. There are two different funding levels:
1. Non-EMSTF funded
initial certification programs, and
2. EMSTF funded initial
certification programs.
D. Organizational
requests for tuition reimbursement require that the applicant:
1. Submit a request for
providers who are affiliated with a Virginia EMS agency that is capable of
delivering care at the level of certification for which the EMS agency is
seeking tuition reimbursement.
2. Submit a completed
application as prescribed by the Office of EMS.
3. Ensure the submitted
application for tuition reimbursement is received by the Office of EMS within
180 days of the provider receiving Virginia certification at the level for
which the tuition reimbursement is sought. Documents must be postmarked before
the deadline in order to be accepted.
4. Complete a separate
application for each type of program or level for which tuition reimbursement
is being requested.
5. Ensure that no
provider on the application has been submitted, or has previously submitted at
the current level, for reimbursement under the individual tuition reimbursement
process.
E. Falsification of
information shall nullify the tuition reimbursement request and any subsequent
requests for a period of five years. ]
12VAC5-31-1570. EMS training
grant program. (Repealed.)
A reimbursement fund has
been established to support certification and continuing education programs
through the "Virginia Rescue Squad Assistance Fund" grant program.
Reimbursement for coordination and instruction of approved programs will be
administered through the separate regulations established for the
"Virginia Rescue Squad Assistance Fund."
12VAC5-31-1580. Certification
period. (Repealed.)
An EMS certification may be
issued for the following certification period unless suspended or revoked by
the Office of EMS:
1. A BLS certification is
valid for four years from the end of the month of issuance, except as noted
below.
2. An ALS certification is
valid for three years from the end of the month of issuance. An EMS provider
with ALS certification may be simultaneously issued an EMT certification for an
additional two years.
3. An EMT instructor
certification is valid for two years from the end of the month of issuance. An
EMS provider with EMT instructor certification may be simultaneously issued an
EMT certification for an additional two years.
12VAC5-31-1590. Certification
through reciprocity. (Repealed.)
Upon demonstration of
Virginia residency, Virginia EMS agency affiliation or a recognized need for
Virginia EMS certification, a person holding valid EMS certification from
another state or a recognized EMS certifying body with which Virginia has a
formal written agreement of reciprocity may be issued a certification.
12VAC5-31-1600. Certification
through legal recognition. (Repealed.)
Upon demonstration of
Virginia residency, Virginia EMS agency affiliation or a recognized need for
Virginia EMS certification, a person holding valid EMS certification from
another state or a recognized EMS certifying body with which Virginia does not
have a formal written agreement of reciprocity but who has completed a training
program in compliance with the minimum training standards established by the
National Standard Curriculum for the level requested, may be issued
certification for a period of one year or the duration of their current
certification, whichever is shorter. Legal recognition is not available for any
Virginia certification level if the Office of EMS has determined that no
equivalent National Standard Curriculum exists at the level requested.
Article 9
Accreditation of EMS Programs
12VAC5-31-1601. Accreditation
of EMS training programs.
A. Training programs that
lead to eligibility for initial certification at the Advanced EMT, [ EMT-Intermediate Intermediate ]
and [ EMT-Paramedic Paramedic ] level
shall hold a valid accreditation issued by the Board of Health before any
training programs are offered.
B. All certification
programs seeking accreditation in Virginia shall comply with these regulations
and the current version of the Standards and Guidelines for an Accredited
Educational Program for the Emergency Medical Services Profession established
by the Committee on Accreditation of Educational Programs for the Emergency
Medical Services Professions (CoAEMSP) or an
equivalent organization approved by the Board of Health.
C. The program director for
an Advanced EMT, [ EMT-Intermediate
Intermediate ], EMT-Enhanced (optional track) or EMT (optional
track) program is exempt from the bachelor's degree requirement as specified by
CoAEMSP standards.
D. The medical director
required by CoAEMSP standards shall also meet the
requirements for an OMD or PCD as required by these regulations.
E. All accredited programs
shall notify the Board of Health immediately upon receiving notice about the
following changes:
1. Program personnel to
include:
a. The program director;
b. OMD or PCD; and
c. Primary faculty or
instructional staff.
2. Additions or deletions to
clinical site contracts and field site contracts.
3. Location.
4. Learning or teaching
modalities.
5. Any sentinel event.
12VAC5-31-1603. Sentinel
events.
In cases where a sentinel
event occurs, the commissioner may:
1. Place a program on
probationary accreditation until the sentinel event is satisfactorily resolved;
or
2. Revoke accreditation for
the program.
12VAC5-31-1605. Initial
accreditation.
A. The initial
accreditation process will begin upon the receipt by the Board of Health of an
application for accreditation and a completed institutional self
study.
B. EMT-Paramedic programs
can obtain initial accreditation in one of two ways:
1. State accreditation by
applying to the Board of Health for an initial grant of accreditation not to
exceed five years.
2. Programs achieving
accreditation issued by CoAEMSP or an equivalent
organization approved by the Board of Health shall apply to the Office of EMS
for state accreditation. Full accreditation will be issued for a period
concurrent with that issued by the CoAEMSP or other
approved organization up to a maximum of five years.
C. Advanced EMT and [ EMT-Intermediate Intermediate ]
programs can obtain accreditation by applying to the Board of Health for an
initial grant of accreditation not to exceed five years.
D. EMT-Enhanced programs
(optional track) can obtain accreditation by applying to the Board of Health
for an initial grant of accreditation not to exceed five years.
E. EMT programs (optional
track) can obtain accreditation by applying to the Board of Health for an
initial grant of accreditation not to exceed five years.
F. The commissioner shall
grant initial accreditation as follows:
1. The commissioner will
issue full accreditation for a period of five years from the accreditation date
if the accreditation analysis determines that the training program is in full
compliance with the requirements for accreditation outlined in the appropriate
section of EMS regulations.
2. The commissioner will
issue provisional accreditation if the accreditation analysis and report
identifies deficiencies that are determined to be of concern but do not justify
prohibiting the program from starting and completing an initial training
program. Before starting any additional certification courses, the program site
must receive full accreditation by correcting the deficiencies identified in
the accreditation analysis and report.
3. The commissioner will
issue an accreditation denied status to the applicant if the accreditation
analysis and report identifies deficiencies that are determined to be
sufficient to prohibit the program from starting an initial training program.
12VAC5-31-1607. Renewal of
accreditation.
A. [ EMT-Paramedic Paramedic ]
program applicants shall only be renewed by obtaining a valid accreditation
from the Committee on Accreditation of Allied Health Education Programs
(CAAHEP), CoAEMSP or an equivalent organization
approved by the Board of Health.
B. Advanced EMT and [ EMT-Intermediate Intermediate ],
or EMT-Enhanced or EMT as optional tracks programs shall apply for renewal of
their program accreditation not less than 270 days before the end of their
current accreditation cycle. [ Reaccredidation
Reaccreditation ] will require submitting a new application for
accreditation and an updated institutional self study.
The institutional self study will be reviewed by a
site review team which will determine the program's performance and provide the
commissioner with a recommendation as to whether program accreditation should
be renewed.
1. The commissioner will
issue full accreditation for a period of five years from the [ reaccredidation
reaccreditation ] date if the accreditation analysis determines
that the training program is in full compliance with the requirements for
accreditation outlined in the Virginia EMS regulations.
2. The commissioner will
issue provisional [ reaccredidation reaccreditation ]
if the accreditation analysis and report identifies deficiencies that are
determined to be of concern but do not justify prohibiting the program from
starting and completing an initial training program. Before starting any
additional certification courses, the program site shall receive full
accreditation by correcting the deficiencies identified at the reaccreditation
date.
3. The commissioner shall
issue an accreditation denied status to the applicant if the accreditation
analysis identifies deficiencies that are determined to be sufficient to
prohibit the program from starting an initial training program.
12VAC5-31-1609. Accreditation
of alternative locations and learning sites.
A. Accredited training
programs in Virginia shall contact the Board of Health for accreditation of
alternative training sites which differ from the site receiving initial
accreditation.
B. Institutions that intend
to operate entire programs or parts of programs at a different location or
learning site shall prepare and submit on a form prescribed by the Board of
Health for each additional location.
12VAC5-31-1610. Certification
through equivalency. (Repealed.)
A Virginia licensed
practical nurse, registered nurse (to include those recognized through the
Nurse Licensure Compact (§ 54.1-3030 et seq. of the Code of Virginia)),
physician assistant or military corpsman with current credentials may be issued
EMT certification through equivalency after completing the requirements of
12VAC5-31-1640 B, including passing a written and practical certification
examination.
12VAC5-31-1611. Appeal of
site accreditation application results.
Appeals by a program
concerning the (i) denial of initial or renewal of
accreditation or (ii) issuance of probationary accreditation shall be submitted
in writing within 10 days to the Office of EMS pursuant to § 2.2-4019 of
the Virginia Administrative Process Act.
12VAC5-31-1613. Accreditation
of [ EMT-Paramedic
Paramedic ] programs.
A. [ EMT-Paramedic Paramedic ]
programs with state accreditation shall be limited to one initial grant of
state accreditation for a five year period.
B. Renewal of [ accreditation ] at the
[ EMT-Paramedic Paramedic ] level will be
issued only upon verification of accreditation issued by CoAEMSP,
CAAHEP, or another approved equivalent accreditation organization as specified
in this chapter.
12VAC5-31-1615. Equivalent
accreditation of EMS programs.
A. The commissioner may
issue an equivalent accreditation to programs obtaining a valid accreditation
from the CAAHEP, CoAEMSP, or an equivalent
organization approved by the Board of Health.
B. As a condition for
equivalent accreditation, a representative from the Board of Health must be
included with each visit by the CoAEMSP or any other
approved accreditation organization.
1. Programs with equivalent
accreditation shall notify the Board of Health immediately upon receiving
notice about the following changes:
a. Scheduling of site team
visits to include:
(1) Dates;
(2) Times; and
(3) The agenda or schedule
of events.
b. Changes in program
personnel to include:
(1) The program director; and
(2) OMD or PCD.
c. Changes or additions to,
or deletions from clinical site contracts and field site contracts.
d. Notice of revocation,
removal, or expiration of accreditation issued by CoAEMSP.
e. Any sentinel event.
2. Accreditation issued by CoAEMSP or other organization approved by the Board of
Health shall remain current during any certification training program that
requires accreditation by the Board of Health. Revocation, removal, or
expiration of accreditation issued by CoAEMSP or
other another organization approved by the Board of Health shall invalidate the
corresponding state accreditation of the training program.
12VAC5-31-1620. Certification
through reentry. (Repealed.)
A. An EMS provider whose
EMS certification has expired within the previous two years may be issued
certification after completing the requirements of 12VAC5-31-1640 B, including
passing a written or practical certification examination, or both, as required
by the Office of EMS. An EMS provider who fails to complete the reentry process
by the end of the two-year period following expiration is required to complete
an initial certification program.
B. An EMS provider who has
resided outside of Virginia for a minimum of two years, has maintained
certification through another state or the national registry of EMTs and whose
eligibility to regain certification through reentry has expired, may be issued
certification through 12VAC5-31-1590 or 12VAC5-31-1600 as applicable.
12VAC5-31-1630. Voluntary
inactivation of certification. (Repealed.)
Requests from individuals
desiring to permanently surrender or downgrade their current certification on a
voluntary basis will not be processed except upon verification of the
individual's ineligibility for continued certification under these regulations
(e.g., felony conviction, permanent disability, etc.).
1. Any individual holding a
current EMS certification who is affiliated with a licensed EMS agency and no
longer wishes to practice at their current level of certification; may request
to have their certification placed in inactive status by the Office of EMS.
2. Requests for inactive
status will require a minimum inactive period of 180 days during which time
requests for reinstatement to active status will not be allowed.
12VAC5-31-1640. EMS recertification
requirement. (Repealed.)
A. An EMS provider must
complete the requirements for recertification and the Office of EMS must
receive the required documentation within the issued certification period to
maintain a current certification.
B. An EMS provider
requesting recertification must complete the CE hour requirements for the level
to be recertified.
C. An EMS provider
requesting recertification must pass the written state certification
examination.
1. Except an EMS provider
under legal recognition, 12VAC5-31-1600, must pass a written and practical EMS
certification examination.
2. An EMS provider
affiliated with an EMS agency may be granted an exam waiver from the state
written certification examination by the OMD of the EMS agency, provided:
a. The EMS provider meets
the recertification requirements including those established by the OMD; and
b. The EMS provider must
submit a completed "Virginia EMS Certification Application" with the
exam waiver approval signed by the EMS agency OMD, which must be received by
the Office of EMS within 30 days following the expiration of his certification.
(1) If the "Virginia
EMS Certification Application" form is received by the Office of EMS after
the EMS provider's certification expiration date, the EMS provider may not
practice at the expired certification level until a valid certification is
received from the Office of EMS.
(2) If the "Virginia
EMS Certification Application" form is received by the Office of EMS more
than 30 days after the EMS provider's certification expiration date, his
certification will be in reentry and he will be required to test pursuant to
12VAC5-31-1620.
12VAC5-31-1650. EMT
instructor recertification. (Repealed.)
An EMT instructor
requesting recertification must complete the following requirements within the
two-year certification period to maintain current certification:
1. Instruct a minimum of 50
hours in BLS certification courses or other programs approved for BLS (Category
1) CE hours;
2. Attend one
EMT-Instructor/ALS Coordinator Update Seminar;
3. Attend a minimum of 10
hours of approved continuing education. An instructor holding an ALS level
certification is not required to attend these additional 10 hours of continuing
education if his ALS certification is current at the time of EMT-Instructor
recertification;
4. Pass the EMT-basic
written certification examination with a minimum passing score of 80%. This
examination may be attempted only after attending an EMT-Instructor/ALS
Coordinator Update Seminar. If the EMT-instructor is affiliated with a licensed
EMS agency, this examination may be waived by the EMS agency's OMD per
12VAC5-31-1580; and
5. Have no physical or
mental impairment that would render the EMT Instructor unable to perform and
evaluate all practical skills and tasks required of an EMT.
An EMT instructor's
certification will revert back to his highest level of EMS certification
remaining current upon expiration.
12VAC5-31-1660. EMT
instructor reentry. (Repealed.)
An EMS provider whose EMT
instructor certification has expired may regain certification through
completion of the reentry program within two years of the expiration date of
his EMT Instructor certification:
1. If the EMT instructor had
completed the teaching requirements of subdivision 1 of 12VAC5-31-1650, but was
unable to fulfill one or more of the requirements of subdivisions 2-5 of 12VAC5-31-1650,
the remaining requirements shall be completed within two years following the
expiration date. If the EMT basic examination required under subdivision 4 of
12VAC5-31-1650 was not completed before expiration, this examination may not be
waived by an EMS agency OMD.
2. If an EMT instructor does
not complete the teaching requirements of 12VAC5-31-1650, the following
requirements will be necessary for reentry:
a. Successful completion of
the EMT-instructor written and practical pretest examinations as specified
under 12VAC5-31-1480; and
b. Attendance of the
administrative portions of an EMT-Instructor Institute.
12VAC5-31-1670. Continuing
education categories. (Repealed.)
A CE hour may be issued for
one of the following categories:
1. "Required"
(Category 1). CE hours may be issued provided the objectives listed in the
applicable "Basic Life Support Category 1 Training Modules" or
"Advanced Life Support Category 1 Training Modules" are followed, a
qualified instructor is present and available to respond to students,
requirements for specific contact hours are met and the course coordinator
complies with these regulations.
2. "Approved"
(Category 2). CE hours may be issued provided that a qualified instructor is
present and available to respond to students, topics are approved and the
course coordinator complies with these regulations.
3. "Multimedia"
(Category 3). CE hours may be issued for contact with periodicals, videotapes,
and other multimedia sources provided that specific contact hours for the
certification level involved are met.
12VAC5-31-1680. Submission of
continuing education. (Repealed.)
A CE hour may be issued for
attendance of a program approved by the Office of EMS provided:
1. A course coordinator must
submit a CE record/scancard within 15 days of the
course end date or the student's attendance of an individual lesson for an EMS
provider attending a training program for recertification hours.
2. An EMS provider is
responsible for the accuracy of all information submitted for CE hours.
12VAC5-31-1690. Recertification
Eligibility Notice. (Repealed.)
An EMS provider who has
satisfied the CE hours specified for his certification level may be issued a
"Recertification Eligibility Notice" that remains valid until the
expiration of the current certification period for the level indicated or the
two-year "reentry" period.
12VAC5-31-1700. ALS
coordinator endorsement. (Repealed.)
A. A person applying for
endorsement as an ALS coordinator must:
1. Be a minimum of 21 years
of age.
2. Hold ALS certification or
licensure as one of the following:
a. Registered nurse;
b. Physician assistant; or
c. Physician.
3. Submit an "ALS
Coordinator Application" form with the required recommendations and
supporting documentation of qualifications to the Office of EMS including:
a. A recommendation for
acceptance from an EMS physician knowledgeable of the applicant's
qualifications. If the applicant is an EMS physician, the support of another
EMS physician is not required on his "ALS Coordinator Application."
b. A recommendation for
acceptance of the applicant's qualifications from the regional EMS council or
local EMS resource.
B. A separate ALS
Coordinator Application is required for each region in which the applicant
intends to coordinate ALS certification or CE programs. An application
submitted for approval to serve in additional regions will not alter the
expiration date of the current ALS coordinator endorsement and all regional
endorsements will be due for renewal on the current expiration date.
C. An ALS coordinator
candidate meeting the requirements for endorsement shall attend an ALS
Coordinator Seminar.
D. An ALS coordinator
candidate that completes all requirements for ALS coordinator endorsement may
be issued an endorsement that is valid for two years. An ALS coordinator
endorsement does not provide concurrent provider credentials at any EMS
certification level.
E. An ALS coordinator
endorsement alone does not authorize the performance of any medical procedure.
12VAC5-31-1710. Renewal of
ALS coordinator endorsement. (Repealed.)
A. An ALS coordinator shall
maintain current and unrestricted certification as an ALS provider, or
licensure as a registered nurse, physician assistant or physician.
B. An ALS coordinator shall
resubmit an ALS coordinator application before the expiration date of his ALS
coordinator endorsement. A separate ALS coordinator application is required for
each region in which the applicant desires to continue to coordinate an ALS
certification or CE programs.
C. An ALS coordinator must
attend one EMT Instructor/ALS Coordinator Update Seminar within his
certification period.
D. An ALS coordinator
attempting to regain endorsement through the reentry program shall, within two
years of his expiration date, complete the ALS coordinator application and the
requirements of subsections A, B and C of this section.
12VAC5-31-1810. Qualifications
for EMS physician endorsement.
A physician seeking
endorsement as an EMS physician shall hold a current unrestricted license to
practice medicine or osteopathy issued by the Virginia Board of Medicine. The
applicant must submit documentation of his qualifications for review by the
medical direction committee of the regional EMS council or local EMS resource
on a form prescribed by the Office of EMS. The documentation required shall
present evidence of the following:
1. Board certification in
emergency medicine or that applicant is in the active application process for
board certification in emergency medicine issued by a national organization
recognized by the Office of EMS, or board certification in family practice,
internal medicine, or surgery or is in the active application process for board
certification in family practice, internal medicine, or surgery issued by a
national organization recognized by the Office of EMS. As an applicant under
this section, a physician must also submit documentation of successful course
completion or current certification in ACLS, ATLS, and PALS or present
documentation of equivalent education in cardiac care, trauma care, and
pediatric care completed within the past five years.
2. Board certification in
family practice, internal medicine or surgery or that applicant is in the
active application process for board certification in family practice, internal
medicine or surgery issued by a national organization recognized by the Office
of EMS. As an applicant under this section, a physician must also submit
documentation of successful course completion or current certification in ACLS,
ATLS and PALS (or present documentation of equivalent education in cardiac
care, trauma care and pediatric care) completed within the past five years.
3. 2. Completion of an EMS medical direction
program approved by the Office of EMS within the past five years prior
to submitting application for consideration of endorsement as an EMS physician.
4. 3. In the event that an EMS agency or training
program is located in a geographic area that does not have available a
physician meeting the requirements stated in subdivisions 1 or 2 of this
section, or if an EMS agency has a specific need for a physician meeting
specialized knowledge requirements (i.e., pediatrics, neonatology, etc.), then
an available physician may submit their his qualifications to
serve as an EMS physician under these circumstances. An EMS physician endorsed
under this subsection by the Office of EMS is limited to service within the
designated geographic areas area or agency of the recommending
regional EMS councils or local EMS resources.
a. A physician seeking
review for endorsement under this section may apply to any number of regional
EMS councils or local EMS resources for service within each respective
geographic service area.
b. A physician seeking endorsement under this section
must provide documentation of successful course completion or current
certification in cardiac care, trauma care, and pediatric care or
equivalent education (such as ACLS, ATLS and PALS) completed
within one year of endorsement. All or part of this requirement may be waived
if the Office of EMS determines this training is not required due to the
specialized nature of the EMS agency to be served.
12VAC5-31-1820. Application for
EMS physician endorsement.
A. Physicians A
physician seeking endorsement as an EMS physician must make application on
forms prescribed provided by the Office of EMS. The physician
must submit the application with all requested documentation of their
qualifications to the regional EMS council or local EMS resource for review.
B. Upon receipt of the
application, the regional EMS council or local EMS resource will review the
physician's qualifications, verify credentials and review the application at
the next scheduled meeting of the medical direction committee of the regional
EMS council or local EMS resource. The review will specify either
recommendation or rejection with justification documented on the physician's
application. The application will be submitted to the Office of EMS within 15
days of the review.
C. B. The Office of EMS will review the
application and the enclosed documents and notify the physician in writing of
the status of his application within 30 days of receipt. Final disposition of
an application may be delayed pending further review by the EMS advisory
board medical direction committee Advisory Board Medical Direction
Committee as applicable.
12VAC5-31-1830. Conditional
endorsement.
Physicians who are
otherwise eligible but who have not completed an approved EMS Medical Direction
Program as required by 12VAC5-31-1810 within the past five years will be
issued a conditional endorsement for a period of one year pending the
completion of the following requirements:
1. Upon verification of EMS
medical direction program attendance and the training required pursuant to
12VAC5-31-1810 at one four-hour "Currents" session within the
one-year conditional endorsement, the Office of EMS will reissue
endorsement with an expiration date five years from the date of original
issuance.
2. If the conditional EMS
physician fails to complete the required EMS medical direction program or the
training pursuant to 12VAC5-31-1810 within the initial one-year period, his
endorsement will lapse.
12VAC5-31-1840. Lapse of EMS
physician endorsement.
A. If an EMS physician fails
to reapply for endorsement prior to expiration, the Office of EMS will notify
the EMS physician, applicable regional EMS councils or local EMS resources,
and any EMS agency or training course that the EMS physician is associated with,
of the loss of endorsement. Any training programs already begun may be
completed under the direction of the involved EMS physician, but no other
programs may be started or announced.
B. Any EMS agency notified of
the loss of their OMD's EMS physician endorsement will be required to
immediately obtain the services of another endorsed EMS physician to serve as
operational medical director pursuant to Part II (12VAC5-31-300 et seq.) of
these regulations.
C. Upon loss of EMS physician
endorsement, a new endorsement may only be issued upon completion of the
application requirements of these regulations.
12VAC5-31-1850. Change in EMS
physician contact information.
An EMS physician must report
any changes of his name, contact addresses and contact telephone numbers to the
Office of EMS within 15 30 days.
12VAC5-31-1860. Renewal of
endorsement.
A. Continued endorsement as an
EMS physician requires submission of an application for renewal to the Office
of EMS before expiration of the five-year endorsement period. Renewal of an EMS
physician endorsement is based upon the physician's continuing to meet and
maintain the qualifications specified in 12VAC5-31-1810.
B. Completion of equivalent
related continuing education programs may be substituted for formal
certification in ACLS, ATLS and PALS for the purposes of endorsement renewal.
Acceptance of these continuing education hours is subject to approval by the
Office of EMS.
C. An EMS physician must
also attend a minimum of two "Currents" sessions as sponsored by OEMS
within the five-year endorsement period.
12VAC5-31-1880. Agreement to
serve as an operational medical director.
A. An EMS physician may serve
as the sole operational medical director (OMD) or one of multiple OMDs required
for licensure of an EMS agency.
B. The EMS physician shall
enter into a written agreement to serve as OMD with the EMS agency. This
agreement shall at a minimum incorporate the specific responsibilities and
authority specified below as defined in 12VAC5-31-590.
1. Must describe the process
or procedure by which the OMD or EMS agency may discontinue the agreement with
prior notification of the parties involved pursuant to 12VAC5-31-1910;
2. Must identify the
specific responsibilities of each EMS physician if an agency has multiple OMDs;
and
3. Must ensure that adequate
indemnification exists for:
a. Medical malpractice; and
b. Civil liability.
12VAC5-31-1890. Responsibilities
of operational medical directors.
A. Responsibilities of the
operational medical director regarding medical control functions include but
are not limited to medical directions provided directly to prehospital
providers by the OMD or a designee either on-scene or through direct voice
communications.
B. Responsibilities of the
operational medical director regarding medical direction functions include but
are not limited to:
1. Using protocols, operational
policies and procedures, medical audits, reviews of care and determination of
outcomes, for the purpose of establishing direction of education,
and limitation of provider patient care functions.
2. Verifying that
qualifications and credentials for the agency's patient care or emergency
medical dispatch personnel are maintained on an ongoing basis through training,
testing and certification that, at a minimum, meet the requirements of these
regulations, other applicable state regulations and including, but not limited
to, § 32.1-111.5 of the Code of Virginia.
3. Functioning as a resource to
the agency in planning and scheduling the delivery of training and continuing
education programs for agency personnel.
4. Taking or recommending
appropriate remedial or corrective measures for EMS personnel, consistent with
state, regional and local EMS policies that may include but are not limited to
counseling, retraining, testing, probation, and in-hospital or field
internships.
5. Suspending certified EMS
personnel from medical care duties pending review and evaluation. Following
final review, the OMD shall notify the provider, the EMS agency and the Office
of EMS in writing of the nature and length of any suspension of practice
privileges that are the result of disciplinary action.
6. Reviewing and auditing
agency activities to ensure an effective quality management program for
continuous system and patient care improvement, and functioning as a resource
in the development and implementation of a comprehensive mechanism for the
management of records of agency activities including prehospital
patient care and dispatch reports, patient complaints, allegations of
substandard care and deviations from patient care protocols or other
established standards.
7. Interacting with state,
regional and local EMS authorities to develop, implement, and revise medical
[ , and ] operational [ protocols consistent
with the Code of Virginia ] and dispatch protocols, policies [ , ]
and procedures designed to deliver quality patient care. This function includes
the selection and use of appropriate medications, supplies, and equipment.
8. Maintaining appropriate
professional relationships with the local community including but not limited
to medical care facilities, emergency departments, emergency physicians, allied
health personnel, law enforcement, fire protection and dispatch agencies.
9. Establishing any other
agency rules or regulations pertaining to proper delivery of patient care by
the agency.
10. Providing for the
maintenance of written records of actions taken by the OMD to fulfill the
requirements of this section.
12VAC5-31-1950. Physician
endorsement exemptions.
A. On January 1, 2003,
endorsement Endorsement as an EMS
physician will be initially issued to each licensed physician currently
recorded as having previously been endorsed to serve as an operational medical
director by the Office of EMS. Issuance of an EMS physician endorsement will be
subject to renewal pursuant to 12VAC5-31-1820 [ 12VAC5-31-1860 ].
B. EMS physicians initially
endorsed through the "grandfather" clause who fail to request renewal
before expiration will be subject to compliance with the full provisions of
12VAC5-31-1810 in order to regain endorsement as an EMS physician.
12VAC5-31-2330. Designation of a
regional EMS council.
A. The Board of Health will
designate a regional EMS council that satisfies the representation requirements
in these regulations.
B. The designation of a
regional EMS council will be based on:
1. The "Regional EMS
Council Designation Manual" application process.
a. Completed application.
Submitted applications missing any information requested will be considered
incomplete and will not be processed for designation;
b. Completed Regional EMS
Council Self-Assessment Checklist; comply with all indicated standards
consistent with these regulations;
c. Current roster of the
membership of the applicant organization's board of directors. The roster needs
to show all members of the board of directors for the applicant, their
addresses, e-mail addresses, phone numbers, and the constituency they
represent;
d. Current approved bylaws. A
copy of the most recently approved bylaws complete with adoption date;
e. Scope of services. This shall
include data and information that demonstrates the qualifications of the
applicant to plan, initiate, expand or improve the regional EMS delivery
system;
f. Budget. A proposed budget
for the first year of designation must illustrate costs associated with the
applicant's proposed operations and programs as a designated regional EMS
council;
g. EMS involvement.
Documentation demonstrating how the applicant organization interacts with EMS
agencies and personnel;
h. Policies and guidelines.
Up-to-date policies and guidelines covering all aspects of the applicant's
regional EMS councils operations, must show revision date of all changes made
and be consistent with these regulations;
i. Directory of localities, hospitals and EMS agencies.
A comprehensive directory of the localities, hospitals and EMS agencies the
applicant organization will be serving.
2. Hospital catchment areas
for A listing of all hospitals within the applicant's proposed
geographic service delivery area. Hospital catchment areas are the
geographic area from which a hospital draws the majority of its patients.
3. The demonstrated capability
to establish communitywide and regional programs.
4. An evaluation of prior
performance as a designated regional EMS council.
C. The Office of EMS will
evaluate the performance and effectiveness of a regional EMS council on a
periodic basis.
12VAC5-31-2570. Correction
order.
A. The Office of EMS may order
the designated regional EMS council to correct a deficiency, cease any
violations or comply with these regulations by issuing a written correction
order as follows:
1. Correction orders may be
issued in conjunction with any other enforcement action in response to
individual violations or patterns of violations.
2. The Office of EMS will
determine that a deficiency or violation exists before issuance of any
correction order.
B. The Office of EMS will send
a correction order to the agent of the designated regional EMS council by
certified mail to his last known address or via personal service with
written receipt. Notification will include, but not be limited to, a
description of the deficiency or violation to be corrected, and the period
within which the deficiency or situation must be corrected, which shall not be
less than 30 days from receipt of such order, unless an emergency has been
declared by the Office of EMS.
C. A correction order takes
effect upon receipt and remains in effect until the deficiency is corrected or
until the designation is suspended, revoked, or allowed to expire or until the
order is overturned or reversed.
D. Should the designated
regional EMS council be unable to comply with the correction order by the
prescribed date, it may submit a request for modification of the correction
order with the Office of EMS. The Office of EMS will approve or disapprove the
request for modification of the correction order within 10 days of receipt.
E. The designated regional EMS
council shall correct the deficiency or situation within the period stated in
the order.
1. The Office of EMS will
determine whether the correction is made by the prescribed date.
2. Should the designated
regional EMS council fail to make the correction within the time period cited
in the order, the Office of EMS may invoke any of the other enforcement
procedures set forth in this part.
12VAC5-31-2740. Accountability
for public funds.
A. A designated regional EMS
council shall maintain a current operating statement, reflecting revenue and
expenditures, available for review.
B. A designated regional EMS
council shall have a current income and expenditure statement available at all
governing board meetings.
C. A designated regional EMS
council shall have an independent annual audit of financial records with
management letters conducted by a certified public accountant.
D. A designated regional EMS
council may shall have an independent audit review
of financial records conducted by a Certified Professional Accountant (CPA)
certified public accountant upon change of an executive director.
E. A designated regional EMS
council shall retain all books, records, and other documents relative to public
funds for six years after the close of the fiscal year the funds were received.
The Office of EMS, its authorized agents, and/or state auditors shall have full
access to and the right to examine any materials related to public funds during
said period.
F. A designated regional EMS
council shall follow generally accepted accounting principles for financial
management.
G. A designated regional EMS
council's governing board shall approve its annual fiscal year (July 1 through
June 30) budget by July 15 of each year.
H. A designated regional EMS
council shall comply with all appropriate federal and state tax-related
reporting.
I. A designated regional EMS
council shall follow generally accepted fund raising practices in the
charitable field.
J. A designated regional EMS
council shall have written policies that indicate by position, signatories of
executed financial and contractual instruments.
NOTICE: The forms used in
administering the above regulation are not being published; however, the name
of each form is listed below. The forms are available for public inspection by
contacting the agency contact for this regulation, or at the office of the Registrar
of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia.
FORMS (12VAC5-31)
[ Clinical Training
Record, EMS-TR-05 (rev. 4/95).
Training Program/Instructor
Complaint Form, EMS-TR-30 (rev. 8/93).
Virginia Course Approval
Request Form, EMS-TR-01 (rev. ] 9/99)
[ 7/08).
Consolidated Test Site -
Reimbursement Claim Form, EMS-TR-02C (rev. 10/98).
Student Course Fee Summary
for State Reimbursed BLS Training Programs, EMS-TR-01-SF (rev. 9/97).
Application for EMS
Variance/Exemption, EMS-TR-10 (rev. 4/00).
Course Summary Form,
EMS-TR-03 (rev. 9/97).
EMT
Clinical Training Summary Record, EMS.TR.05 (rev. 8/12).
Training
Program Complaint Form, EMS.TR.30 (rev. 1/11).
Course
Approval Request, EMS.TR.01 (rev. 6/11).
CTS
Payment Request Form, EMS.TR.CTS.001 (rev. 6/12).
EMS
Variance/Exemption Application for Providers, EMS 6036 (rev. 6/11).
EMS
Variance/Exemption Application for Agencies, EMS 6037 (rev. 6/11).
Course
Summary Form, EMS.TR.03 (rev. 6/11). ]
EMS Continuing Education (CE)
Registration Card Scan Form, EM-156839:6543 (rev. 1/96).
Virginia EMS Training Program
Enrollment Form, EM-234503-1:6543 (rev. 1/01).
Virginia EMS Certification
Application, EM-210983-5:65432 (rev. 1/97).
[ Application for EMS
Agency License, EMS-AGENCY-APP (rev. 1/00).
Application for EMS Vehicle
Permit, EMS-6010F (rev. 2/02).
Complaint Form (rev. 1/00).
OMD Personnel Information
Form/Agreement To Serve, OMD-PIS (rev. 1/02).
Certified Advanced Life
Support Coordinator Application, Certified ALS Coordinator Application 2000.doc
(rev. 1/00).
Reimbursement Claim Form,
EMS-TR-02 (rev. 5/99).
Small Course Approval
Request Form, EMS-TR-01-S (rev. 9/99).
Pre-Hospital Patient Care
Report, 5936-0225-1306 (rev. 6/01).
Registered Automated
External Defibrillation Service Patient Care Incident Report, EMS-AED-001 (rev.
7/99).
Virginia Office of EMS BLS
Course Student Information Package (rev. 1/1/05).
Virginia Office of EMS
ALS Course Student Information Package (rev. 1/1/05).
Basic Life Support
Individual Age, Clinical and Skill Performance Verification Record, EMS-TR-33
(rev. 1/06).
Basic Life Support
Student Permission Form For Students Less Than 18 Years Old, EMS-TR-07 (rev.
1/05).
Physician Assistant
& Nurse Practitioner Paramedic Program Competency Summary, EMS-TR-37 (rev.
7/06).
Institutional Self Study
for Paramedic Programs - Application for EMT-Paramedic Accreditation (rev.
7/07).
Institutional Self Study
for Intermediate Programs - Application for EMT-Intermediate Accreditation
(rev. 7/07).
Alternative Site
Application for EMS Programs In Virginia (rev. 7/07).
Application
for EMS Agency License (rev. 8/12).
Application
for EMS Vehicle Permit and Instructions (rev. 8/12).
Complaint
Report Form (rev. 11/10).
Operational
Medical Director Agreement (rev. 8/12).
ALS-Coordinator
Application, EMS.TR.31 (rev. 11/11).
Emergency
Medical Services Medical Record (rev. 6/10).
BLS
Course Student Information Package, EMS.TR.09 (rev. 5/12).
ALS
Course Student Information Package, EMS.TR.10 (rev. 5/12).
BLS
Individual Age, Clinical and Skill Performance Verification, EMS.TR.33 (rev.
1/11).
Student
Permission Form For BLS Students Less Than 18 Years Old, EMS.TR.07 (rev. 7/11).
Program
Accreditation Application, Instructions and Self Study - Paramedic (rev, 7/12).
Program
Accreditation Application, Instructions and Self Study - Intermediate (rev.
7/12).
Alternative
Site Application for EMS Programs in Virginia (rev. 7/12). ]
DOCUMENTS INCORPORATED BY
REFERENCE (12VAC5-31)
[ Standards and
Guidelines for ] an Accredited Education Program for [ the
Accreditation of Educational Programs in the Emergency Medical ] Technician-Paramedic
[ Services Professions. Essentials/Standards initially
adopted in 1978, revised in 1989 and 1999, and 2005 by the American
Academy of Pediatrics, American College of Cardiology, American College of
Emergency Physicians, American College of Osteopathic Emergency Physicians,
American College of Surgeons, American Society of Anesthesiologists, Commission
on Accreditation of Allied Health Education Programs, National Association
of Emergency Medical Services Educators, National Association of Emergency
Medical Technicians, National Association of State Emergency Medical
Services Directors, and National Registry of Emergency Medical Technicians.
Scope of Practice -
Procedures for EMS Personnel, 2009, Virginia Office of Emergency Medical
Services.
Scope of Practice -
Formulary for EMS Personnel, 2009, Virginia Office of Emergency Medical
Services.
American National
Standard for High-Visibility Safety Apparel and Headwear, ANSI/ISEA 107–2004,
revised 2004, International Safety Equipment Association.
Virginia Standard
Curriculum.
United States Department
of Transportation National Standard Curriculum.
Guidelines for Video
Broadcasting of EMS Educational Programs.
American National Standard
for High-Visibility Safety Apparel and Headwear, ANSI/ISEA 107–2010, revised
2010, International Safety Equipment Association.
EMT-Enhanced: Virginia
Curriculum, revised June 2008, Virginia Office of Emergency Medical
Services, Virginia Department of Health and U.S. Department of Transportation,
National Highway Traffic Safety Administration:
Read
Me Notes (revised June 2008)
Preparatory
(revised June 2008)
Patient
Assessment (revised June 2008)
Assessment
Based Management (revised June 2008)
Appendices
A and B (revised June 2008)
VA.R. Doc. No. R08-877; Filed August 10, 2012, 11:24 a.m.
w –––––––––––––––––– w
VIRGINIA HOUSING DEVELOPMENT
AUTHORITY
Proposed Regulation
REGISTRAR'S NOTICE: The
Virginia Housing Development Authority is claiming an exemption from the
Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia)
pursuant to § 2.2-4002 A 4; however, under the provisions of
§ 2.2-4031, it is required to publish all proposed and final regulations.
Title of Regulation: 13VAC10-180. Rules and Regulations for Allocation of
Low-Income Housing Tax Credits (adding 13VAC10-180-50,
13VAC10-180-60; repealing 13VAC10-180-120).
Statutory Authority: § 36-55.30:3 of the Code of Virginia.
Public Hearing Information:
September 24, 2012 -
10 a.m. - Virginia Housing Development Authority, 601 S. Belvidere Street,
Richmond, VA
Public Comment Deadline: September 24, 2012 - 5 p.m.
Agency Contact: Paul M. Brennan, General Counsel, Virginia Housing
Development Authority, 601 S. Belvidere Street, Richmond, VA 23220, telephone
(804) 343-5798, or email paul.brennan@vhda.com.
Summary:
The proposed amendments (i) require the use of certified management companies for
all tax credit developments, (ii) remove points for unit size, (iii) remove the
amenity point categories for geothermal heat pumps and solar electric systems,
(iv) increase the impact of the "per unit credit amount" and
"per unit cost" point categories, (v) remove the adjustment in
calculating points for developments in qualified census tracts, (vi) decrease
the points needed for the minimum threshold score, (vii) remove the section of
the regulations governing TCAP and Section 1602 funds, and (viii) make other
miscellaneous administrative clarification changes.
13VAC10-180-50. Application.
Prior to submitting an
application for reservation, applicants shall submit on such form as required
by the executive director, the letter for authority signature by which the
authority shall notify the chief executive officers (or the equivalent) of the
local jurisdictions in which the developments are to be located to provide such
officers a reasonable opportunity to comment on the developments.
Application for a reservation
of credits shall be commenced by filing with the authority an application, on
such form or forms as the executive director may from time to time prescribe or
approve, together with such documents and additional information (including, without
limitation, a market study that shows adequate demand for the housing units to
be produced by the applicant's proposed development) as may be requested by the
authority in order to comply with the IRC and this chapter and to make the
reservation and allocation of the credits in accordance with this chapter. The
executive director may reject any application from consideration for a
reservation or allocation of credits if in such application the applicant does
not provide the proper documentation or information on the forms prescribed by
the executive director.
All sites in an application
for a scattered site development may only serve one primary market area. If the
executive director determines that the sites subject to a scattered site
development are served by different primary market areas, separate applications
for credits must be filed for each primary market area in which scattered sites
are located within the deadlines established by the executive director.
The application should include
a breakdown of sources and uses of funds sufficiently detailed to enable the
authority to ascertain what costs will be incurred and what will comprise the
total financing package, including the various subsidies and the anticipated
syndication or placement proceeds that will be raised. The following cost
information, if applicable, needs to be included in the application to
determine the feasible credit amount: site acquisition costs, site preparation
costs, construction costs, construction contingency, general contractor's
overhead and profit, architect and engineer's fees, permit and survey fees,
insurance premiums, real estate taxes during construction, title and recording
fees, construction period interest, financing fees, organizational costs,
rent-up and marketing costs, accounting and auditing costs, working capital and
operating deficit reserves, syndication and legal fees, development fees, and
other costs and fees. All applications seeking credits for rehabilitation of
existing units must provide for contractor construction costs of at least
$10,000 per unit for developments financed with tax-exempt bonds and $15,000
per unit for all other developments.
Each application shall include
plans and specifications or, in the case of rehabilitation for which plans will
not be used, a unit-by-unit work write-up for such rehabilitation with
certification in such form and from such person satisfactory to the executive
director as to the completion of such plans or specifications or work write-up.
Each application shall include
evidence of (i) sole fee simple ownership of the site
of the proposed development by the applicant, (ii) lease of such site by the
applicant for a term exceeding the compliance period (as defined in the IRC) or
for such longer period as the applicant represents in the application that the
development will be held for occupancy by low-income persons or families or
(iii) right to acquire or lease such site pursuant to a valid and binding
written option or contract between the applicant and the fee simple owner of
such site for a period extending at least four months beyond any application
deadline established by the executive director, provided that such option or
contract shall have no conditions within the discretion or control of such
owner of such site. Any contract for the acquisition of a site with existing
residential property may not require an empty building as a condition of such
contract, unless relocation assistance is provided to displaced households, if
any, at such level required by the authority. A contract that permits the owner
to continue to market the property, even if the applicant has a right of first
refusal, does not constitute the requisite site control required in clause
(iii) above. No application shall be considered for a reservation or allocation
of credits unless such evidence is submitted with the application and the
authority determines that the applicant owns, leases or has the right to
acquire or lease the site of the proposed development as described in the
preceding sentence. In the case of acquisition and rehabilitation of
developments funded by Rural Development of the U.S. Department of Agriculture
(Rural Development), any site control document subject to approval of the
partners of the seller does not need to be approved by all partners of the
seller if the general partner of the seller executing the site control document
provides (i) an attorney's opinion that such general
partner has the authority to enter into the site control document and such
document is binding on the seller or (ii) a letter from the existing syndicator
indicating a willingness to secure the necessary partner approvals upon the
reservation of credits.
Each application shall
include, in a form or forms required by the executive director, a certification
of previous participation listing all developments receiving an allocation of
tax credits under § 42 of the IRC in which the principal or principals have or
had an ownership or participation interest, the location of such developments,
the number of residential units and low-income housing units in such
developments and such other information as more fully specified by the
executive director. Furthermore, for any such development, the applicant must
indicate whether the appropriate state housing credit agency has ever filed a
Form 8823 with the IRS reporting noncompliance with the requirements of the IRC
and that such noncompliance had not been corrected at the time of the filing of
such Form 8823. The executive director may reject any application from
consideration for a reservation or allocation of credits unless the above
information is submitted with the application. If, after reviewing the above
information or any other information available to the authority, the executive
director determines that the principal or principals do not have the
experience, financial capacity and predisposition to regulatory compliance
necessary to carry out the responsibilities for the acquisition, construction,
ownership, operation, marketing, maintenance and management of the proposed
development or the ability to fully perform all the duties and obligations
relating to the proposed development under law, regulation and the reservation
and allocation documents of the authority or if an applicant is in substantial
noncompliance with the requirements of the IRC, the executive director may
reject applications by the applicant. No application will be accepted from any
applicant with a principal that has or had an ownership or participation
interest in a development at the time the authority reported such development
to the IRS as no longer in compliance and no longer participating in the
federal low-income housing tax credit program.
Each application shall
include, in a form or forms required by the executive director, a certification
that the design of the proposed development meets all applicable amenity and
design requirements required by the executive director for the type of housing
to be provided by the proposed development.
The application should include
pro forma financial statements setting forth the anticipated cash flows during
the credit period as defined in the IRC. The application shall include a
certification by the applicant as to the full extent of all federal, state and
local subsidies which apply (or which the applicant expects to apply) with
respect to each building or development. The executive director may also
require the submission of a legal opinion or other assurances satisfactory to
the executive director as to, among other things, compliance of the proposed
development with the IRC and a certification, together with an opinion of an
independent certified public accountant or other assurances satisfactory to the
executive director, setting forth the calculation of the amount of credits
requested by the application and certifying, among other things, that under the
existing facts and circumstances the applicant will be eligible for the amount
of credits requested.
Each applicant shall commit in
the application to provide relocation assistance to displaced households, if
any, at such level required by the executive director. Each applicant
shall commit in the application to use a property management company certified
by the executive director to manage the proposed development.
If an applicant submits an
application for reservation or allocation of credits that contains a material
misrepresentation or fails to include information regarding developments
involving the applicant that have been determined to be out of compliance with
the requirements of the IRC, the executive director may reject the application
or stop processing such application upon discovery of such misrepresentation or
noncompliance and may prohibit such applicant from submitting applications for
credits to the authority in the future.
In any situation in which the
executive director deems it appropriate, he may treat two or more applications
as a single application. Only one application may be submitted for each
location.
The executive director may
establish criteria and assumptions to be used by the applicant in the
calculation of amounts in the application, and any such criteria and
assumptions may be indicated on the application form, instructions or other
communication available to the public.
The executive director may
prescribe such deadlines for submission of applications for reservation and
allocation of credits for any calendar year as he shall deem necessary or
desirable to allow sufficient processing time for the authority to make such
reservations and allocations. If the executive director determines that an
applicant for a reservation of credits has failed to submit one or more
mandatory attachments to the application by the reservation application
deadline, he may allow such applicant an opportunity to submit such attachments
within a certain time established by the executive director with a 10-point
scoring penalty per item.
After receipt of the
applications, if necessary, the authority shall notify the chief executive
officers (or the equivalent) of the local jurisdictions in which the
developments are to be located and shall provide such officers a reasonable
opportunity to comment on the developments.
The development for which an
application is submitted may be, but shall not be required to be, financed by
the authority. If any such development is to be financed by the authority, the
application for such financing shall be submitted to and received by the
authority in accordance with its applicable rules and regulations.
The authority may consider and
approve, in accordance herewith, both the reservation and the allocation of
credits to buildings or developments which the authority may own or may intend
to acquire, construct and/or rehabilitate.
13VAC10-180-60. Review and
selection of applications; reservation of credits.
The executive director may
divide the amount of credits into separate pools and each separate pool may be
further divided into separate tiers. The division of such pools and tiers may
be based upon one or more of the following factors: geographical areas of the state;
types or characteristics of housing, construction, financing, owners,
occupants, or source of credits; or any other factors deemed appropriate by him
to best meet the housing needs of the Commonwealth.
An amount, as determined by
the executive director, not less than 10% of the Commonwealth's annual state
housing credit ceiling for credits, shall be available for reservation and
allocation to buildings or developments with respect to which the following
requirements are met:
1. A "qualified nonprofit
organization" (as described in § 42(h)(5)(C) of the IRC) which is
authorized to do business in Virginia and is determined by the executive
director, on the basis of such relevant factors as he shall consider
appropriate, to be substantially based or active in the community of the
development and is to materially participate (regular, continuous and
substantial involvement as determined by the executive director) in the
development and operation of the development throughout the "compliance
period" (as defined in § 42(i)(1) of the
IRC); and
2. (i)
The "qualified nonprofit organization" described in the preceding
subdivision 1 is to own (directly or through a partnership), prior to the
reservation of credits to the buildings or development, all of the general
partnership interests of the ownership entity thereof; (ii) the executive
director of the authority shall have determined that such qualified nonprofit
organization is not affiliated with or controlled by a for-profit organization;
(iii) the executive director of the authority shall have determined that the
qualified nonprofit organization was not formed by one or more individuals or
for-profit entities for the principal purpose of being included in any
nonprofit pools (as defined below) established by the executive director, and
(iv) the executive director of the authority shall have determined that no
staff member, officer or member of the board of directors of such qualified
nonprofit organization will materially participate, directly or indirectly, in
the proposed development as a for-profit entity.
In making the determinations
required by the preceding subdivision 1 and clauses (ii), (iii) and (iv) of
subdivision 2 of this section, the executive director may apply such factors as
he deems relevant, including, without limitation, the past experience and
anticipated future activities of the qualified nonprofit organization, the
sources and manner of funding of the qualified nonprofit organization, the date
of formation and expected life of the qualified nonprofit organization, the
number of paid staff members and volunteers of the qualified nonprofit
organization, the nature and extent of the qualified nonprofit organization's
proposed involvement in the construction or rehabilitation and the operation of
the proposed development, the relationship of the staff, directors or other
principals involved in the formation or operation of the qualified nonprofit
organization with any persons or entities to be involved in the proposed
development on a for-profit basis, and the proposed involvement in the
construction or rehabilitation and operation of the proposed development by any
persons or entities involved in the proposed development on a for-profit basis.
The executive director may include in the application of the foregoing factors
any other nonprofit organizations which, in his determination, are related (by
shared directors, staff or otherwise) to the qualified nonprofit organization
for which such determination is to be made.
For purposes of the foregoing
requirements, a qualified nonprofit organization shall be treated as satisfying
such requirements if any qualified corporation (as defined in § 42(h)(5)(D)(ii)
of the IRC) in which such organization (by itself or in combination with one or
more qualified nonprofit organizations) holds 100% of the stock satisfies such
requirements.
The applications shall include
such representations and warranties and such information as the executive
director may require in order to determine that the foregoing requirements have
been satisfied. In no event shall more than 90% of the Commonwealth's annual
state housing credit ceiling for credits be available for developments other
than those satisfying the preceding requirements. The executive director may
establish such pools (nonprofit pools) of credits as he may deem appropriate to
satisfy the foregoing requirement. If any such nonprofit pools are so
established, the executive director may rank the applications therein and
reserve credits to such applications before ranking applications and reserving
credits in other pools, and any such applications in such nonprofit pools not
receiving any reservations of credits or receiving such reservations in amounts
less than the full amount permissible hereunder (because there are not enough
credits then available in such nonprofit pools to make such reservations) shall
be assigned to such other pool as shall be appropriate hereunder; provided,
however, that if credits are later made available (pursuant to the IRC or as a
result of either a termination or reduction of a reservation of credits made
from any nonprofit pools or a rescission in whole or in part of an allocation
of credits made from such nonprofit pools or otherwise) for reservation and
allocation by the authority during the same calendar year as that in which
applications in the nonprofit pools have been so assigned to other pools as
described above, the executive director may, in such situations, designate all
or any portion of such additional credits for the nonprofit pools (or for any
other pools as he shall determine) and may, if additional credits have been so
designated for the nonprofit pools, reassign such applications to such
nonprofit pools, rank the applications therein and reserve credits to such
applications in accordance with the IRC and this chapter. In the event that
during any round (as authorized hereinbelow) of
application review and ranking the amount of credits reserved within such
nonprofit pools is less than the total amount of credits made available therein,
the executive director may either (i) leave such
unreserved credits in such nonprofit pools for reservation and allocation in
any subsequent round or rounds or (ii) redistribute, to the extent permissible
under the IRC, such unreserved credits to such other pool or pools as the
executive director shall designate reservations therefore in the full amount
permissible hereunder (which applications shall hereinafter be referred to as
"excess qualified applications") or (iii) carry over such unreserved
credits to the next succeeding calendar year for the inclusion in the state
housing credit ceiling (as defined in § 42(h)(3)(C) of the IRC) for such year.
Notwithstanding anything to the contrary herein, no reservation of credits
shall be made from any nonprofit pools to any application with respect to which
the qualified nonprofit organization has not yet been legally formed in
accordance with the requirements of the IRC. In addition, no application for
credits from any nonprofit pools or any combination of pools may receive a
reservation or allocation of annual credits in an amount greater than $750,000
unless credits remain available in such nonprofit pools after all eligible
applications for credits from such nonprofit pools receive a reservation of
credits.
Notwithstanding anything to
the contrary herein, applicants relying on the experience of a local housing
authority for developer experience points described hereinbelow
and/or using Hope VI funds from HUD in connection with the proposed development
shall not be eligible to receive a reservation of credits from any nonprofit
pools.
The authority shall review
each application, and, based on the application and other information available
to the authority, shall assign points to each application as follows:
1. Readiness.
a. Written evidence
satisfactory to the authority of unconditional approval by local authorities of
the plan of development or site plan for the proposed development or that such
approval is not required. (40 points; applicants receiving points under this
subdivision 1 a are not eligible for points under subdivision 5 a below)
b. Written evidence
satisfactory to the authority (i) of proper zoning or
special use permit for such site or (ii) that no zoning requirements or special
use permits are applicable. (40 points)
2. Housing needs
characteristics.
a. Submission of the form
prescribed by the authority with any required attachments, providing such
information necessary for the authority to send a letter addressed to the
current chief executive officer (or the equivalent) of the locality in which
the proposed development is located, soliciting input on the proposed
development from the locality within the deadlines established by the executive
director. (minus 50 points for failure to make timely submission)
b. (1) A letter dated within
three months prior to the application deadline addressed to the authority and
signed by the chief executive officer of the locality in which the proposed
development is to be located stating, without qualification or limitation, the
following:
"The construction or
rehabilitation of (name of development) and the allocation of federal housing
tax credits available under IRC Section 42 for that development will help meet
the housing needs and priorities of (name of locality). Accordingly, (name of
locality) supports the allocation of federal housing tax credits requested by
(name of applicant) for that development." (50 points)
(2) No letter from the chief
executive officer of the locality in which the proposed development is to be
located, or a letter addressed to the authority and signed by such chief
executive officer stating neither support (as described in subdivision b (1)
above) nor opposition (as described in subdivision b (3) below) as to the
allocation of credits to the applicant for the development. (25 points)
(3) A letter in response to its
notification to the chief executive officer of the locality in which the
proposed development is to be located opposing the allocation of credits to the
applicant for the development. In any such letter, the chief executive officer
must certify that the proposed development is not consistent with current
zoning or other applicable land use regulations. (0 points)
c. Documentation in a form
approved by the authority from the chief executive officer (or the equivalent)
of the local jurisdiction in which the development is to be located (including
the certification described in the definition of revitalization area in
13VAC10-180-10) that the area in which the proposed development is to be
located is a revitalization area and the proposed development is an integral
part of the local government's plan for revitalization of the area. (30 points)
d. If the proposed development
is located in a qualified census tract as defined in § 42(d)(5)(C)(ii) of the
IRC and is in a revitalization area. (5 points)
e. Commitment by the applicant
for any development without section 8 project-based assistance to give leasing
preference to individuals and families (i) on public
housing waiting lists maintained by the local housing authority operating in
the locality in which the proposed development is to be located and
notification of the availability of such units to the local housing authority
by the applicant or (ii) on section 8 (as defined in 13VAC10-180-90) waiting
lists maintained by the local or nearest section 8 administrator for the
locality in which the proposed development is to be located and notification of
the availability of such units to the local section 8 administrator by the applicant.
(10 points; Applicants receiving points under this subdivision may not require
an annual minimum income requirement for prospective tenants that exceeds the
greater of $3,600 or 2.5 times the portion of rent to be paid by such tenants.)
f. Any of the following: (i) firm financing commitment(s) from the local government,
local housing authority, Federal Home Loan Bank affordable housing funds, Commonwealth
of Virginia Department of Behavioral Health and Developmental Services funds
from Item 315-Z of the 2008-2010 Appropriation Act, or the Rural
Development for a below-market rate loan or grant or Rural Development's
interest credit used to reduce the interest rate on the loan financing the
proposed development; (ii) a resolution passed by the locality in which the
proposed development is to be located committing such financial support to the
development in a form approved by the authority; or (iii) a commitment to
donate land, buildings or waive tap fee waivers from the local government. (The
amount of such financing or dollar value of local support will be divided by
the total development sources of funds and the proposed development receives
two points for each percentage point up to a maximum of 40 points.)
g. Any development subject to (i) HUD's Section 8 or Section 236 programs or (ii) Rural
Development's 515 program, at the time of application. (20 points, unless the
applicant is, or has any common interests with, the current owner, directly or
indirectly, the application will only qualify for these points if the applicant
waives all rights to any developer's fee and any other fees associated with the
acquisition and rehabilitation (or rehabilitation only) of the development
unless permitted by the executive director for good cause.)
h. Any development receiving (i) a real estate tax abatement on the increase in the value
of the development or (ii) new project-based subsidy from HUD or Rural
Development for the greater of 5 units or 10% of the units of the proposed
development. (10 points)
i. Any proposed development located in a census tract
that has less than a 10% poverty rate (based upon Census Bureau data) with no
other tax credit units in such census tract. (25 points)
j. Any proposed development
listed in the top 25 developments identified by Rural Development as high
priority for rehabilitation at the time the application is submitted to the
authority. (15 points)
k. Any proposed new
construction development (including adaptive re-use and rehabilitation that
creates additional rental space) located in a pool identified by the authority
as a pool with little or no increase in rent-burdened population. (up to minus
20 points, depending upon the portion of the development that is additional
rental space, in all pools except the at-large pool, 0 points in the at-large
pool. The executive director may make exceptions in the following
circumstances:
(1) Specialized types of
housing designed to meet special needs that cannot readily be addressed
utilizing existing residential structures;
(2) Housing designed to serve
as a replacement for housing being demolished through redevelopment; or
(3) Housing that is an integral
part of a neighborhood revitalization project sponsored by a local housing
authority.)
l. Any proposed new
construction development (including adaptive re-use and rehabilitation that
creates additional rental space) that is located in a pool identified by the
authority as a pool with an increasing rent-burdened population. (up to 20
points, depending upon the portion of the development that is additional rental
space, in all pools except the at-large pool, 0 points in the at-large pool)
3. Development characteristics.
a. The average unit size.
(100 points multiplied by the sum of the products calculated by multiplying,
for each unit type as defined by the number of bedrooms per unit, (i) the quotient of the number of units of a given unit type
divided by the total number of units in the proposed development, times (ii)
the quotient of the average actual gross square footage per unit for a given
unit type minus the lowest gross square footage per unit for a given unit type
established by the executive director divided by the highest gross square
footage per unit for a given unit type established by the executive director
minus the lowest gross square footage per unit for a given unit type
established by the executive director. If the average actual gross square
footage per unit for a given unit type is less than the lowest gross square
footage per unit for a given unit type established by the executive director or
greater than the highest gross square footage per unit for a given unit type
established by the executive director, the lowest or highest, as the case may
be, gross square footage per unit for a given unit type established by the
executive director shall be used in the above calculation rather than the
actual gross square footage per unit for a given unit type.)
b. a. Evidence satisfactory to the authority
documenting the quality of the proposed development's amenities as determined
by the following:
(1) The following points are
available for any application:
(a) If a community/meeting room
with a minimum of 749 square feet is provided. (5 points)
(b) Brick covering 30% or more
of the exterior walls. (20 points times the percentage of exterior walls
covered by brick)
(c) If all kitchen and laundry
appliances (except range hoods) meet the EPA's Energy Star qualified
program requirements. (5 points)
(d) If all the windows and
glass doors meet the EPA's Energy Star qualified program requirements. (5
points)
(e) If every unit in the
development is heated and cooled with either (i) heat
pump equipment with both a SEER rating of 15.0 or more and a HSPF rating of 8.5
or more or (ii) air conditioning equipment with a SEER rating of 15.0 or more,
combined with a gas furnace with an AFUE rating of 90% or more. (10 points)
(f) If the water expense is submetered (the tenant will pay monthly or bimonthly bill).
(5 points)
(g) If each bathroom contains
only WaterSense labeled faucets and showerheads. (2
points)
(h) If each unit is provided
with the necessary infrastructure for high-speed cable, DSL or wireless
Internet service. (1 point)
(i)
If all the water heaters meet the EPA's Energy Star qualified program requirements;
or any centralized commercial system that has a 95%+ efficiency performance
rating, or any solar thermal system that meets at least 60% of the
development's domestic hot water load. (5 points)
(j) If every unit in the
development is heated and cooled with a geothermal heat pump that meets the
EPA's Energy Star qualified program requirements. (5 points)
(k) If the development has a
solar electric system that will remain unshaded
year-round, be oriented to within 15 degrees of true south, and be angled horizontally
within 15 degrees of latitude. (1 point for each 2.0% of the development's
electrical load that can be met by the solar electric system, up to 5 points)
(l) (j) If each bathroom is equipped with a WaterSense labeled toilet. (2 points)
(m) (k) If each full bathroom is equipped with EPA
Energy Star qualified bath vent fans. (2 points)
(n) (l) New installation of continuous R-3 or
higher wall sheathing insulation. (5 points)
(o) (m) If all cooking surfaces are equipped with
fire prevention or suppression features that meet the authority's design and
construction standards. (4 points for fire prevention or 2 points for fire
suppression)
(2) The following points are
available to applications electing to serve elderly and/or physically disabled
tenants:
(a) If all cooking ranges have
front controls. (1 point)
(b) If all units have an
emergency call system. (3 points)
(c) If all bathrooms have an
independent or supplemental heat source. (1 point)
(d) If all entrance doors to
each unit have two eye viewers, one at 42 inches and the other at standard
height. (1 point)
(3) If the structure is
historic, by virtue of being listed individually in the National Register of
Historic Places, or due to its location in a registered historic district and
certified by the Secretary of the Interior as being of historical significance
to the district, and the rehabilitation will be completed in such a manner as
to be eligible for historic rehabilitation tax credits. (5 points)
The maximum number of points
that may be awarded under any combination of the scoring categories under
subdivision 3 b of this section is 70 points.
c. b. Any nonelderly development or elderly
rehabilitation development in which (i) the greater
of 5 units or 10% of the units will be subject to federal project-based rent
subsidies or equivalent assistance (approved by the executive director) in
order to ensure occupancy by extremely low-income persons; and (ii) the greater
of 5 units or 10% of the units will conform to HUD regulations interpreting the
accessibility requirements of § 504 of the Rehabilitation Act and be actively
marketed to people with special needs in accordance with a plan submitted as
part of the application for credits (all common space must also conform to HUD
regulations interpreting the accessibility requirements of § 504 of the
Rehabilitation Act, and all the units described in (ii) above must include
roll-in showers and roll-under sinks and ranges, unless agreed to by the
authority prior to the applicant's submission of its application). (50 points)
d. c. Any nonelderly development or elderly
rehabilitation development in which the greater of 5 units or 10% of the units
(i) have rents within HUD's Housing Choice Voucher
(HCV) payment standard; (ii) conform to HUD regulations interpreting the
accessibility requirements of § 504 of the Rehabilitation Act; and (iii) are
actively marketed to people with mobility impairments including HCV holders in
accordance with a plan submitted as part of the application for credits (all
common space must also conform to HUD regulations interpreting the
accessibility requirements of § 504 of the Rehabilitation Act). (30 points)
e. d. Any nonelderly development or elderly
rehabilitation development in which 4.0% of the units (i)
conform to HUD regulations interpreting the accessibility requirements of § 504
of the Rehabilitation Act and (ii) are actively marketed to people with
mobility impairments in accordance with a plan submitted as part of the
application for credits. (15 points)
f. e. Any development located within one-half
mile of an existing commuter rail, light rail or subway station or one-quarter
mile of one or more existing public bus stops. (10 points, unless the
development is located within the geographical area established by the executive
director for a pool of credits for northern Virginia, in which case, the
development will receive 20 points if the development is ranked against other
developments in such northern Virginia pool, 10 points if the development is
ranked against other developments in any other pool of credits established by
the executive director)
g. f. Any development for which the applicant
agrees to obtain either (i) EarthCraft
certification or (ii) US Green Building Council LEED green-building
certification prior to the issuance of an IRS Form 8609 with the proposed
development's architect certifying in the application that the development's
design will meet the criteria for such certification, provided that the
proposed development's architect is on the authority's list of LEED/EarthCraft certified architects. (15 points for a LEED
Silver development, or a new construction development that is 15% more energy
efficient than the 2004 International Energy Conservation Code (IECC) as
measured by EarthCraft or a rehabilitation
development that is 30% more energy efficient post-rehabilitation as measured
by EarthCraft; 30 points for a LEED Gold development,
or a new construction development that is 20% more energy efficient than the
2004 IECC as measured by EarthCraft or a
rehabilitation development that is 40% more energy efficient
post-rehabilitation as measured by EarthCraft; 45
points for a LEED Platinum development, or a new construction development that
is 25% more energy efficient than the 2004 IECC as measured by EarthCraft or a rehabilitation development that is 50% more
energy efficient post-rehabilitation as measured by EarthCraft.)
The executive director may, if needed, designate a proposed development as
requiring an increase in credit in order to be financially feasible and such
development shall be treated as if in a difficult development area as provided
in the IRC for any applicant receiving 30 or 45 points under this subdivision,
provided however, any resulting increase in such development's eligible basis
shall be limited to 5.0% of the development's eligible basis for 30 points
awarded under this subdivision and 10% for 45 points awarded under this
subdivision of the development's eligible basis.
h. Any development for which
the applicant agrees to use an authority-certified property manager to manage
the development. (25 points)
i. g.
If units are constructed to include the authority's universal design features,
provided that the proposed development's architect is on the authority's list
of universal design certified architects. (15 points, if all the units in an
elderly development meet this requirement; 15 points multiplied by the
percentage of units meeting this requirement for nonelderly developments)
j. h. Any development in which the applicant proposes
to produce less than 100 low-income housing units. (20 points for producing 50
low-income housing units or less, minus 0.4 points for each additional
low-income housing unit produced down to 0 points for any development that
produces 100 or more low-income housing units.)
4. Tenant population
characteristics. Commitment by the applicant to give a leasing preference to
individuals and families with children in developments that will have no more
than 20% of its units with one bedroom or less. (15 points; plus 0.75 points
for each percent of the low-income units in the development with three or more
bedrooms up to an additional 15 points for a total of no more than 30 points)
5. Sponsor characteristics.
a. Evidence that the principal
or principals, as a group or individually, for the proposed development have
developed, as controlling general partner or managing member, (i) at least three tax credit developments that contain at
least three times the number of housing units in the proposed development or (ii)
at least six tax credit developments that contain at least the number of
housing units in the proposed development. (50 points; applicants receiving
points under this subdivision 5 a are not eligible for points under subdivision
1 a above)
b. Evidence that the principal
or principals for the proposed development have developed at least one tax
credit development that contains at least the number of housing units in the
proposed development. (10 points)
c. Any applicant that includes
a principal that was a principal in a development at the time the authority reported
inspected such development to the IRS for an uncorrected and
discovered a life-threatening hazard under HUD's Uniform Physical Condition
Standards and such hazard was not corrected in the time frame established by
the authority. (minus 50 points for a period of three years after the
violation has been corrected)
d. Any applicant that includes
a principal that was a principal in a development that either (i) at the time the authority reported such development to
the IRS for noncompliance had not corrected such noncompliance by the time a
Form 8823 was filed by the authority or (ii) remained out-of-compliance with
the terms of its extended use commitment after notice and expiration of any
cure period set by the authority. (minus 15 points for a period of three
calendar years after the year the authority filed Form 8823 or expiration of
such cure period, unless the executive director determines that such
principal's attempts to correct such noncompliance was prohibited by a court,
local government or governmental agency, in which case, no negative points will
be assessed to the applicant, or 0 points, if the appropriate individual or
individuals connected to the principal attend compliance training as
recommended by the authority)
e. Any applicant that includes
a principal that is or was a principal in a development that (i) did not build a development as represented in the
application for credit (minus two times the number of points assigned to the
item or items not built or minus 20 points for failing to provide a minimum
building requirement, for a period of three years after the last Form 8609 is
issued for the development, in addition to any other penalties the authority
may seek under its agreements with the applicant), or (ii) has a reservation of
credits terminated by the authority (minus 10 points a period of three years
after the credits are returned to the authority).
f. Any applicant that includes
a management company in its application that is rated unsatisfactory by the
executive director or if the ownership of any applicant includes a principal
that is or was a principal in a development that hired a management company to
manage a tax credit development after such management company received a rating
of unsatisfactory from the executive director during the compliance period and
extended use period of such development. (minus 25 points)
6. Efficient use of resources.
a. The percentage by which the
total of the amount of credits per low-income housing unit (the "per unit
credit amount") of the proposed development is less than the standard per
unit credit amounts established by the executive director for a given unit
type, based upon the number of such unit types in the proposed development. (180
(200 points multiplied by the percentage by which the total amount of
the per unit credit amount of the proposed development is less than the
applicable standard per unit credit amount established by the executive
director, negative points will be assessed using the percentage by which the
total amount of the per unit credit amount of the proposed development exceeds
the applicable standard per unit credit amount established by the executive
director.)
b. The percentage by which the
cost per low-income housing unit (the "per unit cost"), adjusted by
the authority for location, of the proposed development is less than the
standard per unit cost amounts established by the executive director for a
given unit type, based upon the number of such unit types in the proposed
development. (75 (100 points multiplied by the percentage by
which the total amount of the per unit cost of the proposed development is less
than the applicable standard per unit cost amount established by the executive
director.; negative points will be assessed using the percentage by
which the total amount of the per unit cost amount of the propsed
development exceeds the applicable standard per unit cost amount established by
the executive director.)
The executive director may use
a standard per square foot credit amount and a standard per square foot cost
amount in establishing the per unit credit amount and the per unit cost amount
in subdivision 6 above. For the purpose of calculating the points to be
assigned pursuant to such subdivision 6 above, all credit amounts shall include
any credits previously allocated to the development, and the per unit credit
amount for any building documented by the applicant to be located in both a
revitalization area and either (i) a qualified census
tract or (ii) difficult development area (such tract or area being as defined
in the IRC) shall be determined based upon 100% of the eligible basis of such
building, in the case of new construction, or 100% of the rehabilitation
expenditures, in the case of rehabilitation of an existing building,
notwithstanding any use by the applicant of 130% of such eligible basis or
rehabilitation expenditures in determining the amount of credits as provided in
the IRC.
7. Bonus points.
a. Commitment by the applicant
to impose income limits on the low-income housing units throughout the extended
use period (as defined in the IRC) below those required by the IRC in order for
the development to be a qualified low-income development. Applicants receiving
points under this subdivision a may not receive points under subdivision b
below. (The product of (i) 50 points multiplied by
(ii) the percentage of housing units in the proposed development both rent
restricted to and occupied by households at or below 50% of the area median
gross income; plus 1 point for each percentage point of such housing units in
the proposed development which are further restricted to rents at or below 30%
of 40% of the area median gross income up to an additional 10 points.)
b. Commitment by the applicant
to impose rent limits on the low-income housing units throughout the extended
use period (as defined in the IRC) below those required by the IRC in order for
the development to be a qualified low-income development. Applicants receiving
points under this subdivision b may not receive points under subdivision a
above. (The product of (i) 25 points (50 points for
proposed developments in low-income jurisdictions) multiplied by (ii) the
percentage of housing units in the proposed development rent restricted to
households at or below 50% of the area median gross income; plus 1 point for
each percentage point of such housing units in the proposed development which
are further restricted to rents at or below 30% of 40% of the area median gross
income up to an additional 10 points.)
c. Commitment by the applicant
to maintain the low-income housing units in the development as a qualified
low-income housing development beyond the 30-year extended use period (as defined
in the IRC). Applicants receiving points under this subdivision c may not
receive bonus points under subdivision d below. (40 points for a 10-year
commitment beyond the 30-year extended use period or 50 points for a 20-year
commitment beyond the 30-year extended use period.)
d. Participation by a local
housing authority or qualified nonprofit organization (substantially based or
active in the community with at least a 10% ownership interest in the general
partnership interest of the partnership) and a commitment by the applicant to
sell the proposed development pursuant to an executed, recordable option or
right of first refusal to such local housing authority or qualified nonprofit
organization or to a wholly owned subsidiary of such organization or authority,
at the end of the 15-year compliance period, as defined by IRC, for a price not
to exceed the outstanding debt and exit taxes of the for-profit entity. The
applicant must record such option or right of first refusal immediately after
the low-income housing commitment described in 13VAC10-180-70. Applicants
receiving points under this subdivision d may not receive bonus points under
subdivision c above. (60 points; plus 5 points if the local housing authority
or qualified nonprofit organization submits a homeownership plan satisfactory
to the authority in which the local housing authority or qualified nonprofit
organization commits to sell the units in the development to tenants.)
In calculating the points for
subdivisions 7 a and b above, any units in the proposed development required by
the locality to exceed 60% of the area median gross income will not be
considered when calculating the percentage of low-income units of the proposed
development with incomes below those required by the IRC in order for the
development to be a qualified low-income development, provided that the
locality submits evidence satisfactory to the authority of such requirement.
After points have been
assigned to each application in the manner described above, the executive director
shall compute the total number of points assigned to each such application. Any
application that is assigned a total number of points less than a threshold
amount of 500 450 points (475 (450 points for
developments financed with tax-exempt bonds in such amount so as not to require
under the IRC an allocation of credits hereunder) shall be rejected from
further consideration hereunder and shall not be eligible for any reservation
or allocation of credits.
During its review of the
submitted applications, the authority may conduct its own analysis of the
demand for the housing units to be produced by each applicant's proposed
development. Notwithstanding any conclusion in the market study submitted with
an application, if the authority determines that, based upon information from
its own loan portfolio or its own market study, inadequate demand exists for
the housing units to be produced by an applicant's proposed development, the
authority may exclude and disregard the application for such proposed development.
The executive director may
exclude and disregard any application which he determines is not submitted in
good faith or which he determines would not be financially feasible.
Upon assignment of points to
all of the applications, the executive director shall rank the applications
based on the number of points so assigned. If any pools shall have been
established, each application shall be assigned to a pool and, if any, to the
appropriate tier within such pool and shall be ranked within such pool or tier,
if any. The amount of credits made available to each pool will be determined by
the executive director. Available credits will include unreserved per capita
dollar amount credits from the current calendar year under § 42(h)(3)(C)(i) of the IRC, any unreserved per capita credits from
previous calendar years, and credits returned to the authority prior to the
final ranking of the applications and may include up to 10% of next calendar
year's per capita credits as shall be determined by the executive director.
Those applications assigned more points shall be ranked higher than those
applications assigned fewer points. However, if any set-asides established by
the executive director cannot be satisfied after ranking the applications based
on the number of points, the executive director may rank as many applications
as necessary to meet the requirements of such set-aside (selecting the highest
ranked application, or applications, meeting the requirements of the set-aside)
over applications with more points.
In the event of a tie in the
number of points assigned to two or more applications within the same pool, or,
if none, within the Commonwealth, and in the event that the amount of credits
available for reservation to such applications is determined by the executive
director to be insufficient for the financial feasibility of all of the
developments described therein, the authority shall, to the extent necessary to
fully utilize the amount of credits available for reservation within such pool
or, if none, within the Commonwealth, select one or more of the applications
with the highest combination of points from subdivision 7 above, and each
application so selected shall receive (in order based upon the number of such
points, beginning with the application with the highest number of such points)
a reservation of credits. If two or more of the tied applications receive the
same number of points from subdivision 7 above and if the amount of credits
available for reservation to such tied applications is determined by the
executive director to be insufficient for the financial feasibility of all the
developments described therein, the executive director shall select one or more
of such applications by lot, and each application so selected by lot shall
receive (in order of such selection by lot) a reservation of credits.
For each application which may
receive a reservation of credits, the executive director shall determine the
amount, as of the date of the deadline for submission of applications for
reservation of credits, to be necessary for the financial feasibility of the
development and its viability as a qualified low-income development throughout
the credit period under the IRC. In making this determination, the executive
director shall consider the sources and uses of the funds, the available
federal, state and local subsidies committed to the development, the total
financing planned for the development as well as the investment proceeds or
receipts expected by the authority to be generated with respect to the development,
and the percentage of the credit dollar amount used for development costs other
than the costs of intermediaries. He shall also examine the development's
costs, including developer's fees and other amounts in the application, for
reasonableness and, if he determines that such costs or other amounts are
unreasonably high, he shall reduce them to amounts that he determines to be
reasonable. The executive director shall review the applicant's projected
rental income, operating expenses and debt service for the credit period. The
executive director may establish such criteria and assumptions as he shall deem
reasonable for the purpose of making such determination, including, without
limitation, criteria as to the reasonableness of fees and profits and assumptions
as to the amount of net syndication proceeds to be received (based upon such
percentage of the credit dollar amount used for development costs, other than
the costs of intermediaries, as the executive director shall determine to be
reasonable for the proposed development), increases in the market value of the
development, and increases in operating expenses, rental income and, in the
case of applications without firm financing commitments (as defined
hereinabove) at fixed interest rates, debt service on the proposed mortgage
loan. The executive director may, if he deems it appropriate, consider the
development to be a part of a larger development. In such a case, the executive
director may consider, examine, review and establish any or all of the foregoing
items as to the larger development in making such determination for the
development.
At such time or times during
each calendar year as the executive director shall designate, the executive
director shall reserve credits to applications in descending order of ranking
within each pool and tier, if applicable, until either substantially all
credits therein are reserved or all qualified applications therein have
received reservations. (For the purpose of the preceding sentence, if there is
not more than a de minimis amount, as determined by
the executive director, of credits remaining in a pool after reservations have
been made, "substantially all" of the credits in such pool shall be
deemed to have been reserved.) The executive director may rank the applications
within pools at different times for different pools and may reserve credits,
based on such rankings, one or more times with respect to each pool. The
executive director may also establish more than one round of review and ranking
of applications and reservation of credits based on such rankings, and he shall
designate the amount of credits to be made available for reservation within
each pool during each such round. The amount reserved to each such application
shall be equal to the lesser of (i) the amount
requested in the application or (ii) an amount determined by the executive
director, as of the date of application, to be necessary for the financial
feasibility of the development and its viability as a qualified low-income
development throughout the credit period under the IRC; provided, however, that
in no event shall the amount of credits so reserved exceed the maximum amount
permissible under the IRC.
Not more than 20% of the
credits in any pool may be reserved to developments intended to provide elderly
housing, unless the feasible credit amount, as determined by the executive
director, of the highest ranked elderly housing development in any pool exceeds
20% of the credits in such pool, then such elderly housing development shall be
the only elderly housing development eligible for a reservation of credits from
such pool. However, if credits remain available for reservation after all
eligible nonelderly housing developments receive a reservation of credits, such
remaining credits may be made available to additional elderly housing
developments. The above limitation of credits available for elderly housing
shall not include elderly housing developments with project-based subsidy
providing rental assistance for at least 20% of the units that are submitted as
rehabilitation developments or assisted living facilities licensed under
Chapter 17 of Title 63.2 of the Code of Virginia.
If the amount of credits
available in any pool is determined by the executive director to be
insufficient for the financial feasibility of the proposed development to which
such available credits are to be reserved, the executive director may move the
proposed development and the credits available to another pool. If any credits
remain in any pool after moving proposed developments and credits to another
pool, the executive director may for developments that meet the requirements of
§ 42(h)(1)(E) of the IRC only, reserve the remaining credits to any proposed
development(s) scoring at or above the minimum point threshold established by
this chapter without regard to the ranking of such application with additional
credits from the Commonwealth's annual state housing credit ceiling for the
following year in such an amount necessary for the financial feasibility of the
proposed development, or developments. However, the reservation of credits from
the Commonwealth's annual state housing credit ceiling for the following year
shall be in the reasonable discretion of the executive director if he
determines it to be in the best interest of the plan. In the event a
reservation or an allocation of credits from the current year or a prior year
is reduced, terminated or cancelled, the executive director may substitute such
credits for any credits reserved from the following year's annual state housing
credit ceiling.
In the event that during any
round of application review and ranking the amount of credits reserved within
any pools is less than the total amount of credits made available therein
during such round, the executive director may either (i)
leave such unreserved credits in such pools for reservation and allocation in
any subsequent round or rounds or (ii) redistribute such unreserved credits to
such other pool or pools as the executive director may designate or (iii)
supplement such unreserved credits in such pools with additional credits from
the Commonwealth's annual state housing credit ceiling for the following year
for reservation and allocation, if in the reasonable discretion of the
executive director, it serves the best interest of the plan, or (iv) carry over
such unreserved credits to the next succeeding calendar year for inclusion in
the state housing credit ceiling (as defined in § 42(h)(3)(C) of the IRC) for
such year.
Notwithstanding anything
contained herein, the total amount of credits that may be awarded in any credit
year after credit year 2001 to any applicant or to any related applicants for
one or more developments shall not exceed 15% of Virginia's per capita dollar
amount of credits for such credit year (the "credit cap"). However,
if the amount of credits to be reserved in any such credit year to all
applications assigned a total number of points at or above the threshold amount
set forth above shall be less than Virginia's dollar amount of credits available
for such credit year, then the authority's board of commissioners may waive the
credit cap to the extent it deems necessary to reserve credits in an amount at
least equal to such dollar amount of credits. Applicants shall be deemed to be
related if any principal in a proposed development or any person or entity
related to the applicant or principal will be a principal in any other proposed
development or developments. For purposes of this paragraph, a principal shall
also include any person or entity who, in the determination of the executive
director, has exercised or will exercise, directly or indirectly, substantial
control over the applicant or has performed or will perform (or has assisted or
will assist the applicant in the performance of), directly or indirectly,
substantial responsibilities or functions customarily performed by applicants
with respect to applications or developments. For the purpose of determining
whether any person or entity is related to the applicant or principal, persons
or entities shall be deemed to be related if the executive director determines
that any substantial relationship existed, either directly between them or
indirectly through a series of one or more substantial relationships (e.g., if
party A has a substantial relationship with party B and if party B has a
substantial relationship with party C, then A has a substantial relationship
with both party B and party C), at any time within three years of the filing of
the application for the credits. In determining in any credit year whether an
applicant has a substantial relationship with another applicant with respect to
any application for which credits were awarded in any prior credit year, the
executive director shall determine whether the applicants were related as of the
date of the filing of such prior credit year's application or within three
years prior thereto and shall not consider any relationships or any changes in
relationships subsequent to such date. Substantial relationships shall include,
but not be limited to, the following relationships (in each of the following
relationships, the persons or entities involved in the relationship are deemed
to be related to each other): (i) the persons are in
the same immediate family (including, without limitation, a spouse, children,
parents, grandparents, grandchildren, brothers, sisters, uncles, aunts, nieces,
and nephews) and are living in the same household; (ii) the entities have one
or more common general partners or members (including related persons and
entities), or the entities have one or more common owners that (by themselves
or together with any other related persons and entities) have, in the
aggregate, 5.0% or more ownership interest in each entity; (iii) the entities
are under the common control (e.g., the same person or persons and any related
persons serve as a majority of the voting members of the boards of such
entities or as chief executive officers of such entities) of one or more
persons or entities (including related persons and entities); (iv) the person
is a general partner, member or employee in the entity or is an owner (by
himself or together with any other related persons and entities) of 5.0% or
more ownership interest in the entity; (v) the entity is a general partner or
member in the other entity or is an owner (by itself or together with any other
related persons and entities) of 5.0% or more ownership interest in the other
entity; or (vi) the person or entity is otherwise controlled, in whole or in
part, by the other person or entity. In determining compliance with the credit
cap with respect to any application, the executive director may exclude any
person or entity related to the applicant or to any principal in such applicant
if the executive director determines that (i) such
person or entity will not participate, directly or indirectly, in matters
relating to the applicant or the ownership of the development to be assisted by
the credits for which the application is submitted, (ii) such person or entity
has no agreement or understanding relating to such application or the tax
credits requested therein, and (iii) such person or entity will not receive a
financial benefit from the tax credits requested in the application. A limited
partner or other similar investor shall not be determined to be a principal and
shall be excluded from the determination of related persons or entities unless
the executive director shall determine that such limited partner or investor
will, directly or indirectly, exercise control over the applicant or
participate in matters relating to the ownership of the development
substantially beyond the degree of control or participation that is usual and
customary for limited partners or other similar investors with respect to
developments assisted by the credits. If the award of multiple applications of
any applicant or related applicants in any credit year shall cause the credit
cap to be exceeded, such applicant or applicants shall, upon notice from the
authority, jointly designate those applications for which credits are not to be
reserved so that such limitation shall not be exceeded. Such notice shall
specify the date by which such designation shall be made. In the absence of any
such designation by the date specified in such notice, the executive director
shall make such designation as he shall determine to best serve the interests
of the program. Each applicant and each principal therein shall make such
certifications, shall disclose such facts and shall submit such documents to
the authority as the executive director may require to determine compliance
with credit cap. If an applicant or any principal therein makes any
misrepresentation to the authority concerning such applicant's or principal's
relationship with any other person or entity, the executive director may reject
any or all of such applicant's pending applications for reservation or
allocation of credits, may terminate any or all reservations of credits to the
applicant, and may prohibit such applicant, the principals therein and any
persons and entities then or thereafter having a substantial relationship (in
the determination of the executive director as described above) with the
applicant or any principal therein from submitting applications for credits for
such period of time as the executive director shall determine.
Within a reasonable time after
credits are reserved to any applicants' applications, the executive director
shall notify each applicant for such reservations of credits either of the
amount of credits reserved to such applicant's application (by issuing to such
applicant a written binding commitment to allocate such reserved credits
subject to such terms and conditions as may be imposed by the executive
director therein, by the IRC and by this chapter) or, as applicable, that the
applicant's application has been rejected or excluded or has otherwise not been
reserved credits in accordance herewith. The written binding commitment shall
prohibit any transfer, direct or indirect, of partnership interests (except
those involving the admission of limited partners) prior to the
placed-in-service date of the proposed development unless the transfer is
consented to by the executive director. The written binding commitment shall
further limit the developers' fees to the amounts established during the review
of the applications for reservation of credits and such amounts shall not be
increased unless consented to by the executive director.
If credits are reserved to any
applicants for developments which have also received an allocation of credits
from prior years, the executive director may reserve additional credits from
the current year equal to the amount of credits allocated to such developments
from prior years, provided such previously allocated credits are returned to
the authority. Any previously allocated credits returned to the authority under
such circumstances shall be placed into the credit pools from which the current
year's credits are reserved to such applicants.
The executive director shall
make a written explanation available to the general public for any allocation
of housing credit dollar amount which is not made in accordance with
established priorities and selection criteria of the authority.
The authority's board shall
review and consider the analysis and recommendation of the executive director
for the reservation of credits to an applicant, and, if it concurs with such
recommendation, it shall by resolution ratify the reservation by the executive
director of the credits to the applicant, subject to such terms and conditions
as it shall deem necessary or appropriate to assure compliance with the
aforementioned binding commitment issued or to be issued to the applicant, the
IRC and this chapter. If the board determines not to ratify a reservation of
credits or to establish any such terms and conditions, the executive director
shall so notify the applicant.
Subsequent to such
ratification of the reservation of credits, the executive director may, in his
discretion and without ratification or approval by the board, increase the
amount of such reservation by an amount not to exceed 10% of the initial
reservation amount.
The executive director may
require the applicant to make a good faith deposit or to execute such
contractual agreements providing for monetary or other remedies as it may
require, or both, to assure that the applicant will comply with all
requirements under the IRC, this chapter and the binding commitment (including,
without limitation, any requirement to conform to all of the representations,
commitments and information contained in the application for which points were
assigned pursuant to this section). Upon satisfaction of all such
aforementioned requirements (including any post-allocation requirements), such
deposit shall be refunded to the applicant or such contractual agreements shall
terminate, or both, as applicable.
If, as of the date the
application is approved by the executive director, the applicant is entitled to
an allocation of the credits under the IRC, this chapter and the terms of any
binding commitment that the authority would have otherwise issued to such
applicant, the executive director may at that time allocate the credits to such
qualified low-income buildings or development without first providing a
reservation of such credits. This provision in no way limits the authority of
the executive director to require a good faith deposit or contractual
agreement, or both, as described in the preceding paragraph, nor to relieve the
applicant from any other requirements hereunder for eligibility for an
allocation of credits. Any such allocation shall be subject to ratification by
the board in the same manner as provided above with respect to reservations.
The executive director may
require that applicants to whom credits have been reserved shall submit from
time to time or at such specified times as he shall require, written
confirmation and documentation as to the status of the proposed development and
its compliance with the application, the binding commitment and any contractual
agreements between the applicant and the authority. If on the basis of such
written confirmation and documentation as the executive director shall have
received in response to such a request, or on the basis of such other available
information, or both, the executive director determines any or all of the
buildings in the development which were to become qualified low-income
buildings will not do so within the time period required by the IRC or will not
otherwise qualify for such credits under the IRC, this chapter or the binding
commitment, then the executive director may (i)
terminate the reservation of such credits and draw on any good faith deposit,
or (ii) substitute the reservation of credits from the current credit year with
a reservation of credits from a future credit year, if the delay is caused by a
lawsuit beyond the applicant's control that prevents the applicant from
proceeding with the development. If, in lieu of or in addition to the foregoing
determination, the executive director determines that any contractual
agreements between the applicant and the authority have been breached by the
applicant, whether before or after allocation of the credits, he may seek to
enforce any and all remedies to which the authority may then be entitled under
such contractual agreements.
The executive director may
establish such deadlines for determining the ability of the applicant to
qualify for an allocation of credits as he shall deem necessary or desirable to
allow the authority sufficient time, in the event of a reduction or termination
of the applicant's reservation, to reserve such credits to other eligible
applications and to allocate such credits pursuant thereto.
Any material changes to the
development, as proposed in the application, occurring subsequent to the
submission of the application for the credits therefor shall be subject to the
prior written approval of the executive director. As a condition to any such
approval, the executive director may, as necessary to comply with this chapter,
the IRC, the binding commitment and any other contractual agreement between the
authority and the applicant, reduce the amount of credits applied for or
reserved or impose additional terms and conditions with respect thereto. If
such changes are made without the prior written approval of the executive director,
he may terminate or reduce the reservation of such credits, impose additional
terms and conditions with respect thereto, seek to enforce any contractual
remedies to which the authority may then be entitled, draw on any good faith
deposit, or any combination of the foregoing.
In the event that any
reservation of credits is terminated or reduced by the executive director under
this section, he may reserve, allocate or carry over, as applicable, such
credits in such manner as he shall determine consistent with the requirements
of the IRC and this chapter.
Notwithstanding the provisions
of this section, the executive director may make a reservation of credits to
any applicant that proposes a nonelderly development that (i)
provides rent subsidies or equivalent assistance in order to ensure occupancy
by extremely low-income persons; (ii) conforms to HUD regulations interpreting
the accessibility requirements of § 504 of the Rehabilitation Act; and (iii)
will be actively marketed to people with disabilities in accordance with a plan
submitted as part of the application for credits and approved by the executive
director for either (i) at least 50% of the
units in the development or (ii) if HUD Section 811 funds are providing the
rent subsidies, as close to, but not more than 25% of the units in the
development. Any such reservations made in any calendar year may be up to
6.0% of the Commonwealth's annual state housing credit ceiling for the
applicable credit year. However, such reservation will be for credits from the
Commonwealth's annual state housing credit ceiling from the following calendar
year.
13VAC10-180-120. Application
for Tax Credit Assistance Funds and Credit Exchange Funds. (Repealed.)
The American Recovery and
Reinvestment Act of 2009 (Recovery Act), PL 111-5 (i)
includes funds to be allocated to housing credit agencies from HUD under a
program called the tax credit assistance program (TCAP) to facilitate the
production of developments awarded low-income housing tax credits in fiscal
years 2007, 2008, and 2009, and (ii) permits the authority to monetize credits
by exchanging eligible credits for cash grants, which can be used by the
authority to finance the construction or acquisition and rehabilitation of
qualified low-income buildings.
Application for TCAP funds
and credit exchange funds shall be filed with the authority on such form or
forms as the executive director may from time to time prescribe or approve,
together with such documents and additional information as may be requested by
the authority in order to comply with the Recovery Act, the IRC, and this
chapter and to make an award of TCAP funds or credit exchange funds in
accordance with this chapter. The executive director may establish criteria and
assumptions to be used by the applicant in the calculation of the amounts of
tax credits, TCAP funds, and credit exchange funds in the application; and any
such criteria and assumptions may be indicated on the application form or
instructions made available by the authority to applicants. Each applicant for
TCAP funds and credit exchange funds shall commit in the application to comply
with all federal requirements applicable to such funds.
The executive director may
divide the amount of TCAP funds into separate pools and each separate pool may
be further divided into separate tiers. The division of such pools and tiers
may be based upon one or more of the following factors: geographical areas of
the state; types or characteristics of housing, construction, financing,
owners, occupants, or source of credits; or any other factors deemed
appropriate to best meet the housing needs of the Commonwealth. Proposed
developments to be financed by certain tax-exempt bonds and eligible to receive
credits pursuant to 13VAC10-180-100 that apply for TCAP funds will be scored
and ranked pursuant to the requirements of 13VAC10-180-60 with all other
applications applying for TCAP funds and credits. Such developments may be
placed in pools with other applicants for TCAP funds or may be put in their own
separate pool as the executive director deems appropriate.
For each application that
may receive an award of tax credits and either TCAP funds or credit exchange
funds or both, the executive director shall determine the amount, as of the
date of the deadline for submission of applications for such funds, to be
necessary for the financial feasibility of the development and its viability as
a qualified low-income development throughout the credit period under the IRC.
The executive director may substitute TCAP funds for some or all of the credit
exchange funds in the application or credit exchange funds for some or all of
the TCAP funds requested in the application in such amounts as determined by
the executive director to maximize the number of developments or units that are
expected to benefit from the equity provided by tax credit investors. Any TCAP
funds and credit exchange funds awarded to a proposed development shall be in
the form of a grant or, if requested by the borrower, a loan. Such grant or
loan shall (i) be subordinate to all other unrelated
third-party financing for the construction or acquisition and rehabilitation of
the development; (ii) be secured by a deed of trust for the full amount of the
grant or loan during the compliance period; and (iii) provided no conditions
exist that would result in default under the deed of trust, be forgiven by the
authority in part each year on a pro rata basis based upon the length of the
extended use period.
Any tax credit developments
that have received a reservation of tax credits pursuant to 13VAC10-180-60 in
calendar years 2007 and 2008 may request the authority to exchange their tax
credit allocation for credit exchange funds in an amount not to exceed the
lesser of (i) $.85 per $1.00 of credit exchanged or
(ii) the tax credit equity amount shown in their allocation application.
The executive director may
place conditions and limitations on the availability and use of the grant or
loan deemed necessary to comply with the provisions of the Recovery Act and the
IRC. The executive director may also prescribe such deadlines for accomplishing
certain milestones established by the executive director in the acquisition,
construction or rehabilitation of the developments deemed necessary or
desirable to ensure full use of TCAP funds and credit exchange funds within the
timeframes established by the Recovery Act.
VA.R. Doc. No. R13-3375; Filed August 20, 2012, 9:42 a.m.
w –––––––––––––––––– w
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Final Regulation
REGISTRAR'S NOTICE: The Board
of Medicine is claiming an exemption from the Administrative Process Act in
accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes
regulations that are necessary to conform to changes in Virginia statutory law
where no agency discretion is involved. The Board of Medicine will receive,
consider, and respond to petitions from any interested person at any time with
respect to reconsideration or revision.
Title of Regulation: 18VAC85-80. Regulations Governing the Licensure of
Occupational Therapists (amending
18VAC85-80-90, 18VAC85-80-100).
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Effective Date: October 10, 2012.
Agency Contact: William L. Harp, M.D., Executive Director, Board of
Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA
23233, telephone (804) 367-4558, FAX (804) 527-4429, or email
william.harp@dhp.virginia.gov.
Summary:
The amendments modify the
meaning of the term "practice of occupational therapy" to (i) include the therapeutic use of occupations for
habilitation and rehabilitation to enhance physical health, mental health, and
cognitive functioning; and (ii) clarify that the practice of occupational
therapy includes the design of adaptive equipment and assistive technologies
and consultation concerning the adaptation of sensory and social, as well as
physical, environments.
Part IV
Practice of Occupational Therapy
18VAC85-80-90. General
responsibilities.
A. An occupational therapist
renders services of assessment, program planning, and therapeutic treatment
upon request for such service. The practice of occupational therapy includes
therapeutic use of occupations for habilitation and rehabilitation to enhance
physical health, mental health, and cognitive functioning. The practice of
occupational therapy may include supervisory, administrative, educational or
consultative activities or responsibilities for the delivery of such services.
B. An occupational therapy
assistant renders services under the supervision of an occupational therapist
that do not require the clinical decision or specific knowledge, skills and
judgment of a licensed occupational therapist and do not include the
discretionary aspects of the initial assessment, evaluation or development of a
treatment plan for a patient.
18VAC85-80-100. Individual
responsibilities.
A. An occupational therapist
provides assessment by determining the need for, the appropriate areas of, and
the estimated extent and time of treatment. His responsibilities include an
initial screening of the patient to determine need for services and the
collection, evaluation and interpretation of data necessary for treatment.
B. An occupational therapist
provides program planning by identifying treatment goals and the methods
necessary to achieve those goals for the patient. The therapist analyzes the
tasks and activities of the program, documents the progress, and coordinates
the plan with other health, community or educational services, the family and
the patient. The services may include but are not limited to education and
training in basic and instrumental activities of daily living (ADL); the
design, fabrication, and application of orthoses (splints);
guidance in the design, selection, and use of adaptive
equipment and assistive technologies; therapeutic activities to enhance
functional performance; prevocational vocational evaluation and
training; and consultation concerning the adaptation of physical, sensory,
and social environments for individuals who have disabilities.
C. An occupational therapist
provides the specific activities or therapeutic methods to improve or restore
optimum functioning, to compensate for dysfunction, or to minimize disability
of patients impaired by physical illness or injury, emotional, congenital or
developmental disorders, or by the aging process.
D. An occupational therapy
assistant is responsible for the safe and effective delivery of those services
or tasks delegated by and under the direction of the occupational therapist.
Individual responsibilities of an occupational therapy assistant may include:
1. Participation in the
evaluation or assessment of a patient by gathering data, administering tests,
and reporting observations and client capacities to the occupational therapist;
2. Participation in
intervention planning, implementation, and review;
3. Implementation of
interventions as determined and assigned by the occupational therapist;
4. Documentation of patient
responses to interventions and consultation with the occupational therapist
about patient functionality;
5. Assistance in the
formulation of the discharge summary and follow-up plans; and
6. Implementation of outcome
measurements and provision of needed patient discharge resources.
VA.R. Doc. No. R13-3347; Filed August 10, 2012, 8:31 a.m.
Proposed Regulation
Title of Regulation: 18VAC140-20. Regulations Governing the Practice of
Social Work (amending
18VAC140-20-10, 18VAC140-20-40, 18VAC140-20-45, 18VAC140-20-51,
18VAC140-20-110).
Statutory Authority:§ 54.1-2400 of the Code of Virginia.
Public Hearing Information:
October 15, 2012 - 9:45 a.m. -
Department of Health Professions, 9960 Mayland Drive,
2nd Floor, Richmond, VA
Public Comment Deadline: November 9, 2012.
Agency Contact: Catherine Chappell, Acting Executive Director, Board
of Social Work, 9960 Mayland Drive, Suite 300,
Richmond, VA 23233-1463, telephone (804) 367-4406, FAX (804) 527-4435, or email
catherine.chappell@dhp.virginia.gov.
Basis: Section 54.1-2400 of the Code of Virginia provides
the Board of Social Work the authority to determine the qualifications for
licensure and reinstatement and to promulgate regulations to administer the
regulatory system.
Purpose: The board has adopted amendments to make it less
burdensome for persons who have been actively practicing as social workers or
clinical social workers in another state to be licensed in Virginia. To do so,
regulations need to clarify or define the intent and meaning of "active
practice" to ensure current competency to practice. With active practice
and no grounds for denial of licensure, the applicant could be licensed by
credentials and the requirements for documentation of education and supervised
experience could be eliminated.
The board has addressed an issue
of competency for applicants who passed the national examination some years ago
but were never licensed and never practiced social work in any jurisdiction. To
do so, a regulation is proposed to specify that the examination must have been
passed within five years prior to application or the applicant must provide
evidence of practice in an exempt setting in the category of social work for
which he has applied to be licensed.
The board has addressed concerns
about persons who are seeking to reinstate or reactivate a license that has
been lapsed or inactive for four or more years. If the applicant has been
practicing in another state during that period, that practice could serve as
evidence of current competency; but if the applicant has not practiced social
work for a number of years, there needs to be a period of supervised practice
as evidence of competency.
By accepting active,
unrestricted practice in other states as evidence of current competency to
practice, the board may expand the applicant pool for licensure as clinical
social workers to meet the growing need for mental health providers while
protecting the health, safety, and welfare of the public such providers serve.
Substance: 18VAC140-20-40 and 18VAC140-20-51 are amended to
address the problem of applicants who passed the examination a number of years
prior to application but were never licensed in Virginia or in another
jurisdiction. The amendment would require that the national licensing
examination be passed within five years prior to application or, if the
examination was passed before that time period, that the applicant demonstrate
evidence of social work practice at the appropriate level (social worker or
clinical social worker) within an exempt setting prior to application.
18VAC140-20-45 is amended to
eliminate certain application requirements for licensure by endorsement
applicants and, at the same time, to clarify the meaning of "active
practice" to demonstrate competency in the field of social work.
Currently, regulations require an applicant for licensure by endorsement to
have actively practiced for 36 of the past 60 months; the amended regulation
would provide an alternative of supervised experience equivalent to that
required for licensure by examination.
18VAC140-20-110 is amended to
address the issue of reactivation and reinstatement for applicants who have
either not been practicing social work in recent years or practicing elsewhere
in an exempt setting by requiring practice under supervision for at least 360
hours in the 12 months preceding licensure in Virginia.
Issues: The advantage to the public is greater assurance of
current competency in knowledge and skill to practice, especially at the
clinical level, by requiring recent passage of the licensure examination or
evidence of practice in an exempt setting. Likewise, applicants who have
allowed a license to lapse or who are inactive would have to demonstrate
minimal competency or practice for a short time under supervision. Elimination
of some burdensome requirements for licensure by endorsement may encourage
social workers to come to Virginia for practice, thus increasing the supply of
practitioners. There are no disadvantages.
Currently, if an applicant is
denied licensure or if there are questions about eligibility, credentialing
issues must be resolved through a lengthy and costly administrative process
involving the credentials committee or an informal conference and finally a
formal hearing. By clarifying the regulations with more precise rules to
follow, an applicant, board staff, and board members will all have a clearer
understanding of the competency requirements for licensure and the board will
incur less cost. There are no disadvantages.
Department of Planning and
Budget's Economic Impact Analysis:
Summary of the Proposed
Amendments to Regulation. The Board of Social Work (Board) proposes to amend
its Regulations Governing the Practice of Social Work to 1) add a definition
for active practice, 2) require applicants for licensure to either pass the
licensure examination within five years preceding application or provide proof
of working in a setting that is exempt from licensure requirements for at least
360 hours per year for two of the five years preceding application, 3) require
individuals who are seeking to reinstate an active license or reactivate an
inactive license to provide proof of active practice (either in another
jurisdiction or in an exempt setting) during three of the five years
immediately preceding application or provide proof of 360 hours of supervised
practice in the 12 months preceding application and 4) remove some requirements
for licensure by endorsement.
Result of Analysis. There is
insufficient information to accurately gauge whether benefits are likely to
outweigh costs for several of these proposed changes. Benefits likely outweigh
costs for at least one of these proposed changes.
Estimated Economic Impact. Under
current regulations, individuals must pass a national competency exam in order
to be licensed as a social worker or clinical social worker but there is no
limitation on how long after passing the exam individuals have to apply for
licensure. The Board proposes to require that individuals who are seeking
licensure to either prove that they passed the licensure examination within the
five years preceding application or provide proof of working in a setting that
is exempt from licensure requirements for at least 360 hours per year for two
of the five years preceding application.
The likely very small group of
individuals who pass the licensure exam more than five years before they apply
for licensure, and cannot prove that they have worked the proposed requisite
number of hours in an exempt setting, will incur costs for retaking the
licensure exam as well as fulfilling any new requirements (additional classes, etc) to take the exam if requirements have changed. The
public will likely benefit from this change if there is a current malpractice
problem that is likely caused by individuals starting to practice years after
they initially passed their exam or if information or best practices in these
fields are changing so rapidly that a competency exam taken more than five
years ago would not be substantively the same as an exam taken in the nearer
term. There is insufficient information to know how many potential applicants
for licensure might be affected or to quantify any benefit that might accrue to
the public.
Currently, individuals who are
seeking to reinstate or reactivate a Board issued license must pay a fee and
provide proof that they have completed required continuing education. The Board
proposes to also require that these individuals provide proof of active
practice (either in another jurisdiction or in an exempt setting) during three
of the five years immediately preceding application or provide proof of 360
hours of supervised practice in the 12 months preceding application. Licensees
who have allowed their licenses to lapse or who have held an inactive license
for a number of years, but who have not worked in another state or in an exempt
setting, will have to work in a supervised setting (at a likely lower pay
level) for at least 360 hours before they can reapply for active licensure.
Interestingly, since individuals who are renewing an active license will not
have to prove that they have actively practiced during the renewal cycle,
licensees who plan to leave the work force for a number of years can avoid
having to prove that they have been actively practicing by continuing to
maintain an active license. The public will likely only benefit from this
change if there is a current malpractice problem that is likely caused by
individuals starting to practice after some years of inactivity.
Under current regulations,
individuals who are seeking licensure by endorsement must prove that they have
been licensed in good standing in another state and that that state has
licensing standards that are substantially equivalent to the Board's standards
for licensure. Board staff reports that this means applicants for licensure by
endorsement now have to provide proof of education and supervised practice that
they may not have maintained after they were initially licensed in their
originating state. The Board proposes to remove language that requires
substantially equivalent standards and instead require that licensure in an
applicant's originating state be of a comparable type to that in Virginia. This
proposed change will benefit individuals who are applying for licensure by
endorsement because they will no longer have to maintain or recompile all of
their original licensure documentation.
Businesses and Entities
Affected. The Department of Health Professions (DHP) reports that the Board
currently regulates 4,967 licensed clinical social workers and 349 licensed
social workers. All of these entities, as well as any individuals who may wish
to become licensed in the future, will be affected by these proposed
regulations.
Localities Particularly
Affected. No locality will be particularly affected by this proposed regulatory
action.
Projected Impact on Employment.
The new time limitations for licensure in this regulatory action may slightly
decrease the number of individuals who choose to work in professional fields
that are regulated by the Board. Loosening the requirements for licensure by
endorsement may slightly increase the number of individuals who choose to work
in professional fields that are regulated by the Board. There is insufficient
information to ascertain which effect will be larger.
Effects on the Use and Value of
Private Property. To the extent that a professional license can be considered
valuable private property that entitles an individual to work at a job that
unlicensed individuals may not, placing new limitations on obtaining licensure
and on license reinstatement/reactivation will slightly lower the value of
licensees private property.
Small Businesses: Costs and
Other Effects. DHP does not know how many affected entities would qualify as
small businesses but does know that many licensed clinical social workers are
small business independent practitioners. The new time limitations for
licensure in this regulatory action will likely make it harder for individuals
who have not practiced in their chosen field for several years to restart their
businesses when they choose to return to work. Conversely, changes to
requirements for licensure by endorsement will likely make it easier for
licensed clinical social workers from other states to set up small businesses
in the Commonwealth.
Small Businesses: Alternative
Method that Minimizes Adverse Impact. The Board could eliminate adverse effects
for individuals who have passed the national exam but who have not chosen to
seek licensure within a five year period, as well as for individuals who are
seeking reinstatement or reactivation of licensure, by choosing not to
promulgate new time limitations for licensure. Absent some history of
disciplinary actions that could likely have been avoided if these restrictions
had been in place, or some evidence that the material covered by the national
exam changes frequently enough that the knowledge of individuals who passed
that exam five years ago is stale, the public and licensees would likely
benefit from the Board taking a second look at these proposed restrictions.
Real Estate Development Costs.
This regulatory action will likely have no effect on real estate development
costs in the Commonwealth.
Legal Mandate. The Department of
Planning and Budget (DPB) has analyzed the economic impact of this proposed
regulation in accordance with § 2.2-4007.04 of the Administrative Process
Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such
economic impact analyses include, but need not be limited to, the projected
number of businesses or other entities to whom the regulation would apply, the
identity of any localities and types of businesses or other entities
particularly affected, the projected number of persons and employment positions
to be affected, the projected costs to affected businesses or entities to
implement or comply with the regulation, and the impact on the use and value of
private property. Further, if the proposed regulation has adverse effect on
small businesses, § 2.2-4007.04 requires that such economic impact
analyses include (i) an identification and estimate
of the number of small businesses subject to the regulation; (ii) the projected
reporting, recordkeeping, and other administrative costs required for small
businesses to comply with the regulation, including the type of professional
skills necessary for preparing required reports and other documents; (iii) a
statement of the probable effect of the regulation on affected small
businesses; and (iv) a description of any less intrusive or less costly
alternative methods of achieving the purpose of the regulation. The analysis
presented above represents DPB's best estimate of these economic impacts.
Agency's Response to Economic
Impact Analysis: The Board of Social
Work concurs with the analysis of the Department of Planning and Budget on
proposed amended regulations for 18VAC140-20, Regulations Governing the
Practice of Social Work, relating to requirements for licensure.
Summary:
Regulations governing the
practice of social work are amended to (i) require
that the national licensing examination be passed within five years prior to
application or, if the examination was passed before that time period, that the
applicant demonstrate evidence of social work practice at the appropriate level
(social worker or clinical social worker) within an exempt setting prior to
application; (ii) eliminate certain application requirements for licensure by
endorsement applicants and, at the same time, clarify the meaning of
"active practice" to demonstrate competency in the field of social
work and provide an alternative to the experience requirement; and (iii)
address the issue of reactivation and reinstatement for applicants who have
either been practicing in another U.S. jurisdiction or exempt setting, or have
not been practicing in recent years by requiring active practice in three of
the past five years immediately preceding application, or practice under
supervision for at least 360 hours in the 12 months preceding licensure in
Virginia.
Part I
General Provisions
18VAC140-20-10. Definitions.
A. The following words and
terms when used in this chapter shall have the meanings ascribed to them in
§ 54.1-3700 of the Code of Virginia:
Board
Casework
Casework management and
supportive services
Clinical social worker
Practice of social work
Social worker
B. The following words and
terms when used in this chapter shall have the following meanings unless the
context clearly indicates otherwise:
"Accredited school of
social work" means a school of social work accredited by the Council on
Social Work Education.
"Active practice"
means post-licensure practice at the level of licensure for which an applicant
is seeking licensure in Virginia and shall include at least 360 hours of
practice in a 12-month period.
"Clinical course of
study" means graduate course work which includes specialized advanced
courses in human behavior and social environment, social policy, research,
clinical practice with individuals, families, groups and a clinical practicum which
focuses on diagnostic, prevention and treatment services.
"Clinical social work
services" include the application of social work principles and methods in
performing assessments and diagnoses based on a recognized manual of mental and
emotional disorders or recognized system of problem definition, preventive and
early intervention services and treatment services, including but not limited
to psychotherapy and counseling for mental disorders, substance abuse, marriage
and family dysfunction, and problems caused by social and psychological stress
or health impairment.
"Exempt practice" is
that which meets the conditions of exemption from the requirements of licensure
as defined in § 54.1-3701 of the Code of Virginia.
"Face-to-face
supervision" means the physical presence of the individuals involved in
the supervisory relationship during either individual or group supervision.
"Nonexempt practice"
is that which does not meet the conditions of exemption from the requirements
of licensure as defined in § 54.1-3701 of the Code of Virginia.
"Supervisee" means
an individual who has submitted a supervisory contract and has received board
approval to provide clinical services in social work under supervision.
"Supervision" means
a professional relationship between a supervisor and supervisee in which the
supervisor directs, monitors and evaluates the supervisee's social work
practice while promoting development of the supervisee's knowledge, skills and
abilities to provide social work services in an ethical and competent manner.
Part II
Requirements for Licensure
18VAC140-20-40. Requirements for
licensure by examination as a licensed clinical social worker.
Every applicant for
examination for licensure as a licensed clinical social worker shall:
1. Meet the education
requirements prescribed in 18VAC140-20-49 and experience requirements
prescribed in 18VAC140-20-50.
2. Submit in one package to the
board office:
a. A completed notarized
application;
b. Documentation, on the
appropriate forms, of the successful completion of the supervised experience
requirements of 18VAC140-20-50 along with documentation of the supervisor's
out-of-state license where applicable. Applicants whose former supervisor is
deceased, or whose whereabouts is unknown, shall submit to the board a
notarized affidavit from the present chief executive officer of the agency,
corporation or partnership in which the applicant was supervised. The affidavit
shall specify dates of employment, job responsibilities, supervisor's name and
last known address, and the total number of hours spent by the applicant with
the supervisor in face-to-face supervision;
c. The application fee
prescribed in 18VAC140-20-30;
d. Official transcript or
transcripts in the original sealed envelope submitted from the appropriate
institutions of higher education directly to the applicant; and
e. Documentation of applicant's
out-of-state licensure where applicable.
3. An applicant for
licensure by examination shall provide evidence of passage of the examination
prescribed in 18VAC140-20-70. If the examination was not passed within
five years preceding application for licensure, the applicant may qualify by
documentation of providing clinical social work services in an exempt setting
for at least 360 hours per year for two of the past five years.
18VAC140-20-45. Requirements for
licensure by endorsement.
Every applicant for licensure
by endorsement shall submit in one package:
1. A completed application and
the application fee prescribed in 18VAC140-20-30.
2. Documentation of social work
licensure in good standing obtained by standards substantially equivalent to
those outlined in 18VAC140-20-49 and 18VAC140-20-50 for a licensed clinical
social worker or 18VAC140-20-60 for a licensed social worker, required
for licensure in another jurisdiction as verified by the out-of-state
licensing agency on a board-approved form. Licensure in the other
jurisdiction shall be of a comparable type as the licensure that the applicant
is seeking in Virginia.
3. Verification of a passing
score as established by the board on a board-approved national exam at the
level for which the applicant is seeking licensure in Virginia.
4. Official transcript or
transcripts in the school's original sealed envelope.
5. 4. Verification of active practice in another
jurisdiction for 36 out of the past 60 months or evidence of supervised
experience requirements substantially equivalent to those outlined in
18VAC140-20-50 and 18VAC140-20-60.
6. 5. Certification that the applicant is not the
respondent in any pending or unresolved board action in another jurisdiction or
in a malpractice claim.
18VAC140-20-51. Requirements for
licensure by examination as a licensed social worker.
A. In order to be approved to
sit for the board-approved examination for a licensed social worker, an
applicant shall:
1. Meet the education
requirements prescribed in 18VAC140-20-60 A.
2. Submit in one package to the
board office:
a. A completed notarized
application;
b. The application fee
prescribed in 18VAC140-20-30; and
c. Official transcript or
transcripts in the original sealed envelope submitted from the appropriate
institutions of higher education directly to the applicant.
B. In order to be licensed by
examination as a licensed social worker, an applicant shall:
1. Meet the education and
experience requirements prescribed in 18VAC140-20-60; and
2. Submit, in addition to the
application requirements of subsection A, the following:
a. Documentation, on the
appropriate forms, of the successful completion of the supervised experience
requirements of 18VAC140-20-60 along with documentation of the supervisor's
out-of-state license where applicable. An applicant whose former supervisor is
deceased, or whose whereabouts is unknown, shall submit to the board a
notarized affidavit from the present chief executive officer of the agency,
corporation or partnership in which the applicant was supervised. The affidavit
shall specify dates of employment, job responsibilities, supervisor's name and
last known address, and the total number of hours spent by the applicant with
the supervisor in face-to-face supervision;
b. Verification of a passing
score on the board-approved national examination; and
c. Documentation of applicant's
out-of-state licensure where applicable.
3. An applicant for licensure
by examination shall provide evidence of passage of the examination prescribed
in 18VAC140-20-70. If the examination was not passed within five years
preceding application for licensure, the applicant may qualify by documentation
of providing social work services in an exempt setting for at least 360 hours
per year for two of the past five years.
18VAC140-20-110. Late renewal;
reinstatement; reactivation.
A. A social worker or clinical
social worker whose license has expired may renew that license within four
years after its expiration date by:
1. Providing evidence of having
met all applicable continuing education requirements.
2. Paying the penalty for late
renewal and the biennial license fee for each biennium as prescribed in
18VAC140-20-30.
B. A social worker or clinical
social worker who fails to renew the license for four years or more and who
wishes to resume practice shall apply for reinstatement, pay the reinstatement
fee and provide documentation of having completed all applicable continued competency
hours equal to the number of years the license has lapsed, not to exceed four
years. An applicant for reinstatement shall also provide evidence of
competency to practice by documenting:
1. Active practice in
another U.S. jurisdiction for at least three of the past five years immediately
preceding application;
2. Active practice in an
exempt setting for at least three of the past five years immediately preceding
application; or
3. Practice as a resident
under supervision for at least 360 hours in the 12 months immediately preceding
licensure in Virginia.
C. A social worker wishing to
reactivate an inactive license shall submit the renewal fee for active
licensure minus any fee already paid for inactive licensure renewal, and
document completion of continued competency hours equal to the number of years
the license has been inactive, not to exceed four years. An applicant for
reactivation shall also provide evidence of competency to practice by
documenting:
1. Active practice in
another U.S. jurisdiction for at least three of the past five years immediately
preceding application;
2. Active practice in an
exempt setting for at least three of the past five years immediately preceding
application; or
3. Practice as a resident
under supervision for at least 360 hours in the 12 months immediately preceding
licensure in Virginia.
VA.R. Doc. No. R10-2415; Filed August 21, 2012, 2:00 p.m.
w –––––––––––––––––– w
BOARD OF SOCIAL SERVICES
Final Regulation
REGISTRAR'S NOTICE: The State
Board of Social Services has claimed an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia,
which excludes regulations that are necessary to conform to changes in Virginia
statutory law or the appropriation act where no agency discretion is involved.
The State Board of Social Services will receive, consider, and respond to
petitions by any interested person at any time with respect to reconsideration
or revision.
Title of Regulation: 22VAC40-41. Neighborhood Assistance Tax Credit
Program (amending
22VAC40-41-10, 22VAC40-41-20, 22VAC40-41-30, 22VAC40-41-50, 22VAC40-41-55).
Statutory Authority: §§ 63.2-217 and 63.2-2002 of the Code of
Virginia.
Effective Date: October 10, 2012.
Agency Contact: Wanda Stevenson, Neighborhood Assistance Program
Consultant, Department of Social Services, 801 East Main Street, Richmond, VA
23219, telephone (804) 726-7924, FAX (804) 726-7946, or email
wanda.stevenson@dss.virginia.gov.
Summary:
Amendments to the regulation
(i) remove the definition of impoverished people,
(ii) add a definition for a low-income person, (iii) add a definition for an
eligible student with a disability, (iv) increase the tax credit from 40% to
65% of the donation value, (v) remove the $500,000 allocation limit that an
approved organization can receive if there are remaining credits after the
initial allocation, (vi) change the requirement of low-income persons served
from 50% to 40% and include eligible students with disabilities, (vii) allow a
mediator to receive tax credits for providing services at the direction of an
approved NAP organization regardless of where the service is delivered, and
(viii) add marketable securities as a qualifying type of donation from an
individual donor.
22VAC40-41-10. Definitions.
The following words and terms
when used in this chapter shall have the following meanings unless the context
clearly indicates otherwise:
"Approved
organization" means a neighborhood organization that has been found
eligible to participate in the Neighborhood Assistance Program.
"Audit" means any
audit required under the federal Office of Management and Budget's Circular
A-133, or, if a neighborhood organization is not required to file an audit
under Circular A-133, a detailed financial statement prepared by an outside
independent certified public accountant.
"Business firm"
means any corporation, partnership, electing small business (Subchapter S) corporation,
limited liability company, or sole proprietorship authorized to do business in
this Commonwealth subject to tax imposed by Articles 2 (§ 58.1-320 et
seq.) and 10 (§ 58.1-400 et seq.) of Chapter 3, Chapter 12 (§ 58.1-1200
et seq.), Article 1 (§ 58.1-2500 et seq.) of Chapter 25, or Article 2 (§ 58.1-2620
et seq.) of Chapter 26 of Title 58.1 of the Code of Virginia. "Business
firm" also means any trust or fiduciary for a trust subject to tax imposed
by Article 6 (§ 58.1-360 et seq.) of Chapter 3 of Title 58.1 of the Code
of Virginia.
"Commissioner" means
the Commissioner of the Department of Social Services, his designee or
authorized representative.
"Community services"
means any type of counseling and advice, emergency assistance, medical care, provision
of basic necessities, or services designed to minimize the effects of poverty,
furnished primarily to impoverished people low-income persons.
"Contracting
services" means the provision, by a business firm licensed by the
Commonwealth of Virginia as a contractor under Chapter 11 (§ 54.1-1100 et
seq.) of Title 54.1 of the Code of Virginia, of labor or technical advice to
aid in the development, construction, renovation, or repair of (i) homes of impoverished people low-income
persons or (ii) buildings used by neighborhood organizations.
"Education" means
any type of scholastic instruction or scholastic assistance to an individual
who is impoverished a low-income person or eligible student with a
disability.
"Eligible student with
a disability" means a student (i) for whom an
individualized educational program has been written and finalized in accordance
with the federal Individuals with Disabilities Education Act (IDEA),
regulations promulgated pursuant to IDEA, and regulations of the Board of
Education and (ii) whose family's annual household income is not in excess of
400% of the current poverty guidelines.
"Housing assistance"
means furnishing financial assistance, labor, material, or technical advice to
aid the physical improvement of the homes of impoverished people low-income
persons.
"Impoverished
people" means, for neighborhood organizations not providing education
services, people in Virginia with incomes at or below 200% of the poverty
guidelines updated periodically in the Federal Register by the U.S. Department
of Health and Human Services under the authority of 42 USC § 9902(2).
"Job training" means
any type of instruction to an individual who is impoverished a
low-income person that enables him to acquire vocational skills so that he
can become employable or able to seek a higher grade of employment.
"Low-income
person" means an individual whose family's annual household income is not
in excess of 300% of the current poverty guidelines.
"Neighborhood
assistance" means providing community services, education, housing
assistance, or job training.
"Neighborhood
organization" means any local, regional or statewide organization whose
primary function is providing neighborhood assistance for impoverished
people, and holding a ruling from the Internal Revenue Service of the
United States Department of the Treasury that the organization is exempt from
income taxation under the provisions of § 501(c)(3) or § 501(c)(4) of
the Internal Revenue Code of 1986, as amended from time to time, or any
organization defined as a community action agency in the Economic Opportunity
Act of 1964 (42 USC § 2701 et seq.), or any housing authority as defined
in § 36-3 of the Code of Virginia.
"Professional
services" means any type of personal service to the public which requires
as a condition precedent to the rendering of such service the obtaining of a
license or other legal authorization and shall include, but not be limited to,
the personal services rendered by medical doctors, dentists, architects,
professional engineers, certified public accountants, attorneys-at-law, and
veterinarians.
"Scholastic
assistance" means (i) counseling or supportive
services to elementary school, middle school, secondary school, or
postsecondary school students or their parents in developing a postsecondary
academic or vocational education plan, including college financial options for
such students or their parents, or (ii) scholarships.
22VAC40-41-20. Purpose;
procedure for becoming an approved organization; eligibility criteria;
termination of approved organization; appeal procedure.
A. The purpose of the
Neighborhood Assistance Program is to encourage business firms and individuals
to make donations to neighborhood organizations for the benefit of impoverished
people low-income persons.
B. Neighborhood organizations
that do not provide education services and that wish to become an approved
organization must submit an application to the commissioner: Neighborhood
organizations that provide education services must submit an application to the
Superintendent of Public Instruction. The application submitted to the
Superintendent of Public Instruction must comply with regulations or guidelines
adopted by the Board of Education. The application submitted to the
commissioner must contain the following information:
1. A description of their
eligibility as a neighborhood organization, the programs being conducted, the impoverished
people low-income persons assisted, the estimated amount that will
be donated to the programs, and plans for implementing the programs.
2. Proof of the neighborhood
organization's current exemption from income taxation under the provisions of § 501(c)(3)
or § 501(c)(4) of the Internal Revenue Code, or the organization's eligibility
as a community action agency as defined in the Economic Opportunity Act of 1964
(42 USC § 2701 et seq.) or housing authority as defined in § 36-3
of the Code of Virginia.
3. A copy of the neighborhood
organization's current audit, a copy of the organization's current federal form
990, a current brochure describing the organization's programs, and a copy of
the annual report filed with the Department of Agriculture and Consumer
Services' Division of Consumer Protection.
4. A statement of objective and
measurable outcomes that are expected to occur and the method the organization
will use to evaluate the program's effectiveness.
C. To be eligible for
participation in the Neighborhood Assistance Program, the applicant must meet
the following criteria:
1. Applicants must have been in
operation as a viable entity, providing neighborhood assistance for impoverished
people low-income people, for at least 12 months.
2. Applicants must be able to
demonstrate that at least 50% 40% of the total people served and
at least 50% of the total expenditures were for impoverished people low-income
persons or eligible students with disabilities.
3. Applicant's audit must not
contain any significant findings or areas of concern for the ongoing operation
of the neighborhood organization.
4. Applicants must demonstrate
that at least 75% of total revenue received is expended to support their
ongoing programs each year.
D. The application period will
start no later than March 15 of each year. All applications must be received by
the Department of Social Services no later than the first business day of May.
E. Those applicants submitting
all required information and reports and meeting the eligibility criteria
described in this section will be determined an approved organization. The
program year will run from July 1 through June 30 of the following year.
F. The commissioner may
terminate an approved organization's eligibility based on a finding of program
abuse involving illegal activities or fraudulent reporting on contributions.
G. Any neighborhood
organization that disagrees with the disposition of its application, or its
termination as an approved organization, may appeal to the commissioner in
writing for a reconsideration. Such requests must be made within 30 days of the
denial or termination. The commissioner will act on the request and render a
final decision within 30 days of the request for reconsideration.
22VAC40-41-30. Allocation of tax
credits.
A. The available tax credits
will be allocated among all approved organizations as follows:
1. Any amounts legislatively
set aside for special purposes will be allocated for these purposes.
2. At least 10% of the
available amount of tax credits each year shall be allocated to approved
organizations not receiving allocations in the preceding year; however, if the
amount of requested tax credits for approved organizations is less than 10% of
the available amount of tax credits, the unallocated portion of such 10% shall
be allocated to other approved organizations.
3. Approved organizations that
received a tax credit allocation within the last four years will be given an
allocation based on the average amount of tax credits actually used in prior
years. The allocation process may include a determination of the reasonableness
of requests, caps, and percentage reductions in order to stay within the total
available funding.
B. During the program year,
approved organizations that have used at least 75% of their allocation may
request additional allocations of tax credits within the limits described in
this section. Requests will be evaluated on reasonableness, and tax credits
will be reallocated on a first-come basis as they become available. An
exception may be made for organizations that have received a written commitment
for a donation of real estate.
C. Maximum allocation of tax credits.
1. No organization shall
receive an allocation greater than $500,000. An organization
shall receive an allocation of tax credits as specified in § 58.1-439.20 C of
the Code of Virginia.
2. For the process of
determining the maximum allocation for an organization whose purpose is to
support and benefit another approved organization, the combined allocation will
not exceed the $500,000 maximum cap set by § 58.1-439.20 of the Code
of Virginia.
D. Organizations may release
all or a portion of their unused tax credit allocation to be reallocated in
accordance with subsection B of this section.
22VAC40-41-50. Donations by
businesses and health care professionals.
A. As provided by §
58.1-439.21 of the Code of Virginia, a business firm shall be eligible for a
tax credit based on the value of the money, property, professional services,
and contracting services donated by the business firm during its taxable year
to an approved organization.
B. No tax credit shall be
granted to any business firm for donations to an approved organization
providing job training or education for individuals employed by the business
firm.
C. Health care professionals
that meet certain conditions, as specified in § 58.1-439.22 C of the Code of
Virginia, shall be eligible for a tax credit based on the time spent in
providing health care services for such clinic.
D. Mediators that meet
certain conditions, as specified in § 58.1-439.22 C of the Code of
Virginia, shall be eligible for a tax credit based on the time spent in
providing mediation services at the direction of an approved organization
regardless of where the service is delivered.
D. E. All donations must be made directly to the
approved organization without any conditions or expectation of monetary
benefit. Discounted donations and bargain sales are not allowable donations for
the Neighborhood Assistance Program.
E. F. Granting of tax credits shall conform to
the minimum and maximum amounts prescribed in § 58.1-439.21 of the Code of
Virginia.
F. G. Credits granted to a partnership, electing
small business (Subchapter S) corporation, or limited liability company shall
be allocated to their individual partners, shareholders, or members,
respectively, in proportion to their ownership or interest in such business
entities.
G. H. The approved organization and donor shall
complete a certification on a form prescribed by the Department of Social
Services. The certification shall identify the date, type, and value of the
donation.
H. I. All certifications must be submitted to the
Department of Social Services within four years of the date of donation.
I. J. Upon receipt and approval of the
certification, the commissioner shall issue a tax credit certificate to the
business.
22VAC40-41-55. Donations by
individuals.
A. As provided in § 58.1-439.24
of the Code of Virginia, an individual shall be eligible for a tax credit for a
cash donation or a donation of marketable securities to an
approved organization.
B. Such donations are subject
to the minimum and maximum amounts and other provisions set forth in § 58.1-439.24
of the Code of Virginia.
C. The approved organization
and the individual shall complete a certification on a form prescribed by the
Department of Social Services. The certification shall identify the date and
amount of the donation.
D. All certifications must be
submitted to the Department of Social Services within four years of the date of
donation.
E. Upon receipt and approval
of the certification, the commissioner shall issue a tax credit certificate to
the individual.
VA.R. Doc. No. R13-3296; Filed August 20, 2012, 9:21 a.m.
REGISTRAR'S NOTICE:
Enactments 75 through 78 of Chapters 803 and 835 of the 2012 Acts of Assembly
abolished the Child Day Care Council effective July 1, 2012, and transferred
regulations of the council to the State Board of Social Services. The following
action transfers the Child Day Care Council regulation numbered
22VAC15-30 to the State Board of Social Services and renumbers the
regulation as 22VAC40-185.
This regulatory action is excluded from the Administrative Process Act
in accordance with § 2.2- 4006 A 4 a of the Code of Virginia, which excludes
regulations that are necessary to conform to changes in Virginia statutory law
where no agency discretion is involved. The State Board of Social Services will
receive, consider, and respond to petitions by any interested person at any
time with respect to reconsideration or revision.
Title of Regulation: 22VAC40-185. Standards for Licensed Child Day Centers (adding
22VAC40-185-10 through 22VAC40-185-610).
Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of
Virginia.
Effective Date: November 1, 2012.
Agency Contact: Karin Clark, Regulatory Coordinator, Department of
Social Services, 801 East Main Street, Room 1507, Richmond, VA 23219, telephone
(804) 726-7017, FAX (804) 726-7015, TTY (800) 828-1120, or email
karin.clark@dss.virginia.gov.
Summary:
Chapters 803 and 835 of the
2012 Acts of Assembly abolished the Child Day Care Council on a recommendation
of Governor McDonnell's Commission on Government Reform and Restructuring. This
regulatory action amends the Child Day Care Council regulations by renumbering
the regulations and placing them under the State Board of Social Services in
the Virginia Administrative Code.
CHAPTER 30 185
STANDARDS FOR LICENSED CHILD DAY CENTERS
22VAC15-30-10. 22VAC40-185-10. Definitions.
The following words and terms
when used in this chapter shall have the following meanings unless the context
clearly indicates otherwise:
"Adult" means any
individual 18 years of age or older.
"Age and stage
appropriate" means the curriculum, environment, equipment, and adult-child
interactions are suitable for the ages of the children within a group and the
individual needs of any child.
"Age groups":
1. "Infant" means children
from birth to 16 months.
2. "Toddler" means
children from 16 months up to two years.
3. "Preschool" means
children from two years up to the age of eligibility to attend public school,
five years by September 30.
4. "School age" means
children eligible to attend public school, age five or older by September 30 of
that same year. Four- or five-year-old children included in a group of school
age children may be considered school age during the summer months if the
children will be entering kindergarten that year.
"Attendance" means
the actual presence of an enrolled child.
"Balanced mixed-age
grouping" means a program using a curriculum designed to meet the needs
and interests of children in the group and is planned for children who enter
the program at three through five years of age. The enrollment in the balance
mixed-age grouping comprises a relatively even allocation of children in each
of three ages (three to six years) and is designed for children and staff to
remain together with turnover planned only for the replacement of exiting
students with children of ages that maintain the class balance.
"Body fluids" means
urine, feces, saliva, blood, nasal discharge, eye discharge, and injury or
tissue discharge.
"Camp" means a child
day camp that is a child day center for school age children that operates
during the summer vacation months only. Four-year-old children who will be five
by September 30 of the same year may be included in a camp for school age
children.
"Center" means a
child day center.
"Child" means any
individual under 18 years of age.
"Child day center"
means a child day program offered to (i) two or more
children under the age of 13 in a facility that is not the residence of the
provider or of any of the children in care or (ii) 13 or more children at any
location.
Exemptions (§ 63.2-1715 of the
Code of Virginia):
1. A child day center that has
obtained an exemption pursuant to § 63.2-1716 of the Code of Virginia;
2. A program where, by written
policy given to and signed by a parent or guardian, children are free to enter
and leave the premises without permission or supervision regardless of (i) such program's location or the number of days per week
of its operation; (ii) the provision of transportation services, including
drop-off and pick-up times; or (iii) the scheduling of breaks for snacks,
homework, or other activities. A program that would qualify for this exemption
except that it assumes responsibility for the supervision, protection and
well-being of several children with disabilities who are mainstreamed shall not
be subject to licensure;
3. A program of instructional
experience in a single focus, such as, but not limited to, computer science,
archaeology, sport clinics, or music, if children under the age of six do not
attend at all and if no child is allowed to attend for more than 25 days in any
three-month period commencing with enrollment. This exemption does not apply if
children merely change their enrollment to a different focus area at a site
offering a variety of activities and such children's attendance exceeds 25 days
in a three-month period;
4. Programs of instructional or
recreational activities wherein no child under age six attends for more than
six hours weekly with no class or activity period to exceed 1-1/2 hours, and no
child six years of age or above attends for more than six hours weekly when
school is in session or 12 hours weekly when school is not in session.
Competition, performances and exhibitions related to the instructional or
recreational activity shall be excluded when determining the hours of program
operation;
5. A program that operates no
more than a total of 20 program days in the course of a calendar year provided
that programs serving children under age six operate no more than two
consecutive weeks without a break of at least a week;
6. Instructional programs
offered by public and private schools that satisfy compulsory attendance laws
or the Individuals with Disabilities Education Act, as amended (20 USC § 1400
et seq.), and programs of school-sponsored extracurricular activities that are
focused on single interests such as, but not limited to, music, sports, drama,
civic service, or foreign language;
7. Education and care programs
provided by public schools that are not exempt pursuant to subdivision 6 of
this definition shall be regulated by the State Board of Education using
regulations that incorporate, but may exceed, the regulations for child day
centers licensed by the commissioner;
8. Early intervention programs
for children eligible under Part C of the Individuals with Disabilities
Education Act, as amended (20 USC § 1400 et seq.), wherein no child attends for
more than a total of six hours per week;
9. Practice or competition in
organized competitive sports leagues;
10. Programs of religious
instruction, such as Sunday schools, vacation Bible schools, and Bar Mitzvah or
Bat Mitzvah classes, and child-minding services provided to allow parents or
guardians who are on site to attend religious worship or instructional
services;
11. Child-minding services
which are not available for more than three hours per day for any individual
child offered on site in commercial or recreational establishments if the
parent or guardian (i) is not an on-duty employee,
except for part-time employees working less than two hours per day; (ii) can be
contacted and can resume responsibility for the child's supervision within 30
minutes; and (iii) is receiving or providing services or participating in
activities offered by the establishment;
12. A certified preschool or
nursery school program operated by a private school that is accredited by a
statewide accrediting organization recognized by the State Board of Education
or accredited by the National Association for the Education of Young Children's
National Academy of Early Childhood Programs; the Association of Christian
Schools International; the American Association of Christian Schools; the
National Early Childhood Program Accreditation; the National Accreditation
Council for Early Childhood Professional Personnel and Programs; the
International Academy for Private Education; the American Montessori Society;
the International Accreditation and Certification of Childhood Educators,
Programs, and Trainers; or the National Accreditation Commission that complies
with the provisions of § 63.2-1717 of the Code of Virginia;
13. A program of recreational
activities offered by local governments, staffed by local government employees,
and attended by school-age children. Such programs shall be subject to safety
and supervisory standards established by local governments; or
14. By policy, a child day
center that is required to be programmatically licensed by another state agency
for that service.
"Child day program"
means a regularly operating service arrangement for children where, during the
absence of a parent or guardian, a person or organization has agreed to assume
responsibility for the supervision, protection, and well-being of a child under
the age of 13 for less than a 24-hour period.
Note: This does not include programs
such as drop-in playgrounds or clubs for children when there is no service
arrangement with the child's parent.
"Children with special
needs" means children with developmental disabilities, mental retardation,
emotional disturbance, sensory or motor impairment, or significant chronic
illness who require special health surveillance or specialized programs,
interventions, technologies, or facilities.
"Cleaned" means
treated in such a way to reduce the amount of filth through the use of water
with soap or detergent or the use of an abrasive cleaner on inanimate surfaces.
"Commissioner" means
the Commissioner of the Virginia Department of Social Services.
"Communicable
disease" means a disease caused by a microorganism (bacterium, virus,
fungus, or parasite) that can be transmitted from person to person via an
infected body fluid or respiratory spray, with or without an intermediary agent
(such as a louse, mosquito) or environmental object (such as a table surface).
Some communicable diseases are reportable to the local health authority.
"Department" means
the Virginia Department of Social Services.
"Department's
representative" means an employee or designee of the Virginia Department
of Social Services, acting as the authorized agent of the commissioner.
"Evening care" means
care provided after 7 p.m. but not through the night.
"Good character and
reputation" means knowledgeable and objective people agree that the
individual (i) maintains business, professional,
family, and community relationships which are characterized by honesty,
fairness, and truthfulness and (ii) demonstrates a concern for the well-being
of others to the extent that the individual is considered suitable to be
entrusted with the care, guidance, and protection of children. Relatives by blood
or marriage and people who are not knowledgeable of the individual, such as
recent acquaintances, shall not be considered objective references.
"Group of children"
means the children assigned to a staff member or team of staff members.
"High school program
completion or the equivalent" means an individual has earned a high school
diploma or General Education Development (G.E.D.) certificate, or has completed
a program of home instruction equivalent to high school completion.
"Independent
contractor" means an entity that enters into an agreement to provide
specialized services or staff for a specified period of time.
"Individual service,
education or treatment plan" means a plan identifying the child's
strengths, needs, general functioning and plan for providing services to the
child. The service plan includes specific goals and objectives for services,
accommodations and intervention strategies. The service, education or treatment
plan clearly shows documentation and reassessment/evaluation strategies.
"Intervention
strategies" means a plan for staff action that outlines methods,
techniques, cues, programs, or tasks that enable the child to successfully
complete a specific goal.
"Licensee" means any
individual, partnership, association, public agency, or corporation to whom the
license is issued.
"Minor injury" means
a wound or other specific damage to the body such as, but not limited to,
abrasions, splinters, bites that do not break the skin, and bruises.
"Overnight care"
means care provided after 7 p.m. and through the night.
"Parent" means the
biological or adoptive parent or parents or legal guardian or guardians of a
child enrolled in or in the process of being admitted to a center.
"Physician" means an
individual licensed to practice medicine in any of the 50 states or the
District of Columbia.
"Physician's
designee" means a physician, licensed nurse practitioner, licensed
physician assistant, licensed nurse (R.N. or L.P.N.), or health assistant
acting under the supervision of a physician.
"Primitive camp"
means a camp where places of abode, water supply system, or permanent toilet
and cooking facilities are not usually provided.
"Programmatic
experience" means time spent working directly with children in a group
that is located away from the child's home. Work time shall be computed on the
basis of full-time work experience during the period prescribed or equivalent
work time over a longer period. Experience settings may include but not be
limited to a child day program, family day home, child day center, boys and
girls club, field placement, elementary school, or a faith-based organization.
"Resilient
surfacing" means:
1. For indoor and outdoor use
underneath and surrounding equipment, impact absorbing surfacing materials that
comply with minimum safety standards when tested in accordance with the
procedures described in the American Society for Testing and Materials'
standard F1292-99 as shown in Figures 2 (Compressed Loose Fill Synthetic
Materials Depth Chart) and 3 (Use Zones for Equipment) on pages 6-7 of the
National Program for Playground Safety's "Selecting Playground Surface
Materials: Selecting the Best Surface Material for Your Playground,"
February 2004.
2. Hard surfaces such as
asphalt, concrete, dirt, grass or flooring covered by carpet or gym mats do not
qualify as resilient surfacing.
"Sanitized" means
treated in such a way to remove bacteria and viruses from inanimate surfaces
through using a disinfectant solution (i.e., bleach solution or commercial
chemical disinfectant) or physical agent (e.g., heat). The surface of item is
sprayed or dipped into the disinfectant solution and allowed to air dry after
use of the disinfectant solution.
"Serious injury"
means a wound or other specific damage to the body such as, but not limited to,
unconsciousness; broken bones; dislocation; deep cut requiring stitches;
concussion; foreign object lodged in eye, nose, ear, or other body orifice.
"Shelter-in-place"
means the facility or building in which a child day center is located.
"Short-term program"
means a child day center that operates less than 12 weeks a year.
"Special needs child day
program" means a program exclusively serving children with special needs.
"Specialty camps"
means those centers that have an educational or recreational focus on one subject
such as dance, drama, music, or sports.
"Sponsor" means an
individual, partnership, association, public agency, corporation or other legal
entity in whom the ultimate authority and legal responsibility is vested for
the administration and operation of a center subject to licensure.
"Staff" means
administrative, activity, and service personnel including the licensee when the
licensee is an individual who works in the center, and any persons counted in
the staff-to-children ratios or any persons working with a child without sight
and sound supervision of a staff member.
"Staff positions"
are defined as follows:
1. "Aide" means the
individual designated to be responsible for helping the program leader in
supervising children and in implementing the activities and services for
children. Aides may also be referred to as assistant teachers or child care
assistants.
2. "Program leader"
means the individual designated to be responsible for the direct supervision of
children and for implementation of the activities and services for a group of
children. Program leaders may also be referred to as child care supervisors or
teachers.
3. "Program director"
means the primary, on-site director or coordinator designated to be responsible
for developing and implementing the activities and services offered to
children, including the supervision, orientation, training, and scheduling of
staff who work directly with children, whether or not personally performing
these functions.
4. "Administrator"
means a manager or coordinator designated to be in charge of the total
operation and management of one or more centers. The administrator may be
responsible for supervising the program director or, if appropriately
qualified, may concurrently serve as the program director. The administrator
may perform staff orientation or training or program development functions if
the administrator meets the qualifications of 22VAC15-30-230 22VAC40-185-190
and a written delegation of responsibility specifies the duties of the program
director.
"Therapeutic child day
program" means a specialized program, including but not limited to
therapeutic recreation programs, exclusively serving children with special
needs when an individual service, education or treatment plan is developed and
implemented with the goal of improving the functional abilities of the children
in care.
"Universal
precautions" means an approach to infection control. According to the
concept of universal precautions, all human blood and certain human body fluids
are treated as if known to be infectious for human immunodeficiency virus
(HIV), hepatitis B virus (HBV), and other bloodborne
pathogens.
"Volunteer" means a
person who works at the center and:
1. Is not paid;
2. Is not counted in the
staff-to-children ratios; and
3. Is in sight and sound
supervision of a staff member when working with a child.
Any unpaid person not meeting
this definition shall be considered "staff" and shall meet staff
requirements.
22VAC15-30-20. 22VAC40-185-20. Legal base.
A. Chapters 17 (§ 63.2-1700 et
seq.) and 18 (§ 63.2-1800 et seq.) of Title 63.2 of the Code of Virginia
describes the responsibility of the Department of Social Services for the
regulation of residential and day programs for children, including child day
centers.
B. Section 63.2-1734 of the
Code of Virginia requires the Child Day-Care Council State Board of
Social Services to prescribe standards for certain activities, services,
and facilities for child day centers.
C. Nothing in this chapter
shall be construed to contradict or to negate any provisions of the Code of
Virginia which may apply to child day centers.
22VAC15-30-30. 22VAC40-185-30. Purpose and applicability.
A. The purpose of these
standards is to protect children under the age of 13 who are separated from
their parents during a part of the day by:
1. Ensuring that the
activities, services, and facilities of centers are conducive to the well-being
of children; and
2. Reducing risks in the
environment.
B. The standards in this
chapter apply to child day centers as defined in 22VAC15-30-10 22VAC40-185-10
serving children under the age of 13.
22VAC15-30-50. 22VAC40-185-40. Operational responsibilities.
A. Applications for licensure
shall conform with Chapters 17 (§ 63.2-1700 et seq.) and 18 (§ 63.2-1800 et
seq.) of Title 63.2 of the Code of Virginia and the regulation entitled General
Procedures and Information for Licensure, 22VAC40-80.
B. Pursuant to §§ 63.2-1719
and 63.2-1721 and the regulation entitled Background Checks for Child Welfare
Agencies, 22VAC40-191, the applicant and any agent at the time of application
who is or will be involved in the day-to-day operations of the center or who is
or will be alone with, in control of, or supervising one or more of the
children, shall be of good character and reputation and shall not be guilty of
an offense. Offenses are barrier crimes, conviction of any other felony not
included in the definition of barrier crime unless five years have elapsed
since conviction, and a founded complaint of child abuse or neglect.
C. The sponsor shall afford
the commissioner or his agents the right at all reasonable times to inspect
facilities and to interview his agents, employees, and any child or other
person within his custody or control, provided that no private interviews may
be conducted with any child without prior notice to the parent of such child.
D. The license shall be posted
in a place conspicuous to the public (§ 63.2-1701 of the Code of Virginia).
E. The operational
responsibilities of the licensee shall include, but not be limited to, ensuring
that the center's activities, services, and facilities are maintained in
compliance with these standards, the center's own policies and procedures that
are required by these standards, and the terms of the current license issued by
the department.
F. Every center shall ensure
that any advertising is not misleading or deceptive as required by § 63.2-1713
of the Code of Virginia.
G. The center shall meet the proof
of child identity and age requirements as stated in § 63.2-1809 of the Code of
Virginia.
H. The sponsor shall maintain
public liability insurance for bodily injury for each center site with a
minimum limit of at least $500,000 each occurrence and with a minimum limit of
$500,000 aggregate.
1. A public sponsor may have
equivalent self-insurance that is in compliance with the Code of Virginia.
2. Evidence of insurance
coverage shall be made available to the department's representative upon
request.
I. The center shall develop
written procedures for injury prevention.
J. Injury prevention
procedures shall be updated at least annually based on documentation of
injuries and a review of the activities and services.
K. The center shall develop
written playground safety procedures which shall include:
1. Provision for active
supervision by staff to include positioning of staff in strategic locations,
scanning play activities, and circulating among children; and
2. Method of maintaining
resilient surface.
L. Hospital-operated centers
may temporarily exceed their licensed capacity during a natural disaster or
other catastrophe or emergency situation and shall develop a written plan for
emergency operations, for submission to and approval by the Department of
Social Services.
M. When children 13 years or
older are enrolled in the program and receive supervision in the licensed
program, they shall be counted in the number of children receiving care and the
center shall comply with the standards for these children.
22VAC15-30-70. 22VAC40-185-50. General recordkeeping;
reports.
A. Staff and children's
records shall be treated confidentially. Exception: Children's records shall be
made available to parents on request, unless otherwise ordered by the court.
B. Records and reports on
children and staff required by this chapter shall be maintained and made
accessible for two years after termination of services or separation from
employment unless specified otherwise.
C. Records may be kept at a
central location except as stated otherwise in these standards.
22VAC15-30-80. 22VAC40-185-60. Children's records.
A. Each center shall maintain
and keep at the center a separate record for each child enrolled which shall
contain the following information:
1. Name, nickname (if any),
sex, and birth date of the child;
2. Name, home address, and home
phone number of each parent who has custody;
3. When applicable, work phone
number and place of employment of each parent who has custody;
4. Name and phone number of
child's physician;
5. Name, address, and phone
number of two designated people to call in an emergency if a parent cannot be
reached;
6. Names of persons authorized
to pick up the child. Appropriate legal paperwork shall be on file when the
custodial parent requests the center not to release the child to the other
parent;
7. Allergies and intolerance to
food, medication, or any other substances, and actions to take in an emergency
situation;
8. Chronic physical problems
and pertinent developmental information and any special accommodations needed;
9. Health information as
required by 22VAC15-30-150 22VAC40-185-130 through 22VAC15-30-170
22VAC40-185-150;
Exception: When a center is
located on the same premises where a child attends school and the child's
record has a statement verifying the school's possession of the health record,
the center is not required to maintain duplicates of the school's health record
for that child provided the school's records are accessible during the center's
hours of operation.
10. Written agreements between
the parent and the center as required by 22VAC15-30-110 22VAC40-185-90;
11. Documentation of child
updates and confirmation of up-to-date information in the child's record as
required by 22VAC15-30-490 E 3 22VAC40-185-420 E 3;
12. Any blanket permission
slips and opt out requests;
13. Previous child day care and
schools attended by the child;
14. Name of any additional
programs or schools that the child is concurrently attending and the grade or
class level;
15. Documentation of viewing
proof of the child's identity and age; and
16. First and last dates of
attendance.
B. The proof of identity, if
reproduced or retained by the child day program or both, shall be destroyed
upon the conclusion of the requisite period of retention. The procedures for
the disposal, physical destruction or other disposition of the proof of
identity containing social security numbers shall include all reasonable steps
to destroy such documents by (i) shredding, (ii)
erasing, or (iii) otherwise modifying the social security numbers in those
records to make them unreadable or indecipherable by any means.
22VAC15-30-90. 22VAC40-185-70. Staff records.
A. The following staff records
shall be kept for each staff person:
1. Name, address, verification
of age requirement, job title, and date of employment or volunteering; and
name, address and telephone number of a person to be notified in an emergency
which shall be kept at the center.
2. For staff hired after March
1, 1996, documentation that two or more references as to character and
reputation as well as competency were checked before employment or
volunteering. If a reference check is taken over the phone, documentation shall
include:
a. Dates of contact;
b. Names of persons contacted;
c. The firms contacted;
d. Results; and
e. Signature of person making
call.
3. Background checks as
required by the regulation entitled Background Checks for Licensed Child Day
Centers (22VAC15-51).
4. Written information to
demonstrate that the individual possesses the education, orientation training,
staff development, certification, and experience required by the job position.
5. First aid, cardiopulmonary
resuscitation and other certifications as required by the responsibilities held
by the staff member.
6. Health information as
required by 22VAC15-30-180 22VAC40-185-160 and 22VAC15-30-190
22VAC40-185-170.
7. Information, to be kept at
the center, about any health problems which may interfere with fulfilling the
job responsibilities.
8. Date of separation from
employment.
B. Exception: Background check
records for independent contractors must be kept in accordance with
22VAC15-51-70 of the background check regulation.
22VAC15-30-100. 22VAC40-185-80. Attendance records; reports.
A. The center shall keep a
written record of children in attendance each day.
B. Reports shall be filed and
maintained as follows:
1. The center shall inform the
commissioner's representative as soon as practicable but not to exceed one
working day of the circumstances surrounding the following incidents:
a. Death of a child while under
the center's supervision; and
b. Missing child when local
authorities have been contacted for help.
2. Any suspected incident of
child abuse shall be reported in accordance with § 63.2-1509 of the Code of
Virginia.
22VAC15-30-110. 22VAC40-185-90. Parental agreements.
A written agreement between
the parent and the center shall be in each child's record by the first day of
the child's attendance. The agreement shall be signed by the parent and
include:
1. An authorization for
emergency medical care should an emergency occur when the parent cannot be
located immediately unless the parent states in writing an objection to the
provision of such care on religious or other grounds;
2. A statement that the center
will notify the parent when the child becomes ill and that the parent will
arrange to have the child picked up as soon as possible if so requested by the
center; and
3. A statement that the parent
will inform the center within 24 hours or the next business day after his child
or any member of the immediate household has developed any reportable
communicable disease, as defined by the State Board of Health, except for life
threatening diseases which must be reported immediately.
22VAC15-30-120. 22VAC40-185-100. Enrollment procedures of
therapeutic child day programs and special needs child day programs.
Before the child's first day
of attendance, there shall be personal communication between the director, or
his designee, and the parent to determine:
1. The child's level of general
functioning as related to physical, affective/emotional, cognitive and social
skills required for participation; and
2. Any special medical
procedures needed.
22VAC15-30-130. 22VAC40-185-110. Individual assessment for
therapeutic child day programs.
A. An individual assessment
completed within six months before the child's attendance or 30 days after the
first day of attendance shall be maintained for each child.
B. An individual assessment
shall be reviewed and updated for each child no less than once every 12 months.
22VAC15-30-140. 22VAC40-185-120. Individual service, education
or treatment plan for therapeutic child day programs.
A. An individual service,
education or treatment plan:
1. Shall be developed for each
child by the director or his designee and primary staff responsible for plan
implementation;
2. Shall be implemented within
60 days after the first day of the child's attendance.
B. The child's individual
service, education or treatment plan shall be developed, reviewed, and revised
every three months and rewritten annually by the director or his designee and
primary staff responsible for plan implementation. This shall be done in
partnership with the parent, residential care provider or advocate.
C. A copy of the initial plan
and subsequent or amended service, education or treatment plans shall be
maintained in the child's record and a copy given to the child's parent.
22VAC15-30-150. 22VAC40-185-130. Immunizations for children.
A. The center shall obtain
documentation that each child has received the immunizations required by the
State Board of Health before the child can attend the center.
Exemptions (subsection C of §
22.1-271.2 of the Code of Virginia and 12VAC5-110-110 of the Regulations for
the Immunizations of School Children): Documentation of immunizations is not
required for any child whose (i) parent submits an
affidavit to the center, on the form entitled "Certification of Religious
Exemption," stating that the administration of immunizing agents conflicts
with the parent's or child's religious tenets or practices, or (ii) physician
or a local health department states on a MCH 213B or MCH 213C, or other
Department of Health-approved form that one or more of the required
immunizations may be detrimental to the child's health.
B. The center shall obtain
documentation of additional immunizations once every six months for children
under the age of two years.
C. The center shall obtain
documentation of additional immunizations once between each child's fourth and
sixth birthdays.
22VAC15-30-160. 22VAC40-185-140. Physical examinations for
children.
A. Each child shall have a
physical examination by or under the direction of a physician:
1. Before the child's
attendance; or
2. Within one month after
attendance.
B. If the child has had a
physical examination prior to attendance, it shall be within the time period
prescribed below:
1. Within two months prior to
attendance for children six months of age and younger;
2. Within three months prior to
attendance for children aged seven months through 18 months;
3. Within six months prior to
attendance for children aged 19 months through 24 months; and
4. Within 12 months prior to
attendance for children two years of age through five years of age.
C. Exceptions:
1. Children transferring from a
facility licensed by the Virginia Department of Social Services, certified by a
local department of public welfare or social services, registered as a small
family day home by the Virginia Department of Social Services or by a contract
agency of the Virginia Department of Social Services, or approved by a licensed
family day system:
a. If the initial report or a
copy of the initial report of immunizations is available to the admitting
facility, no additional examination is required.
b. If the initial report or a
copy of the initial report is not available, a report of physical examination
and immunization is required in accordance with 22VAC15-30-150 22VAC40-185-130
and this section.
2. Pursuant to subsection D of
§ 22.1-270 of the Code of Virginia, physical examinations are not required for
any child whose parent objects on religious grounds. The parent must submit a
signed statement noting that the parent objects on religious grounds and
certifying that to the best of the parent's knowledge the child is in good
health and free from communicable or contagious disease.
22VAC15-30-170. 22VAC40-185-150. Form and content of
immunizations and physical examination reports for children.
A. The current form required
by the Virginia Department of Health or a physician's form shall be used to
report immunizations received and the results of the required physical
examination.
B. Each report shall include
the date of the physical examination and dates immunizations were received and
shall be signed by a physician, his designee, or an official of a local health
department.
22VAC15-30-180. 22VAC40-185-160. Tuberculosis screening for
staff and independent contractors.
A. Each staff member and
individual from an independent contractor shall submit documentation of a
negative tuberculosis screening.
Documentation of the screening
shall be submitted no later than 21 days after employment or volunteering and
shall have been completed within 12 months prior to or 21 days after employment
or volunteering.
B. Acceptable forms of
documentation of tuberculosis screening are:
1. A clearance statement signed
by a physician, the physician's designee or an official of the local health
department. This statement shall include language that the individual does not
have any current symptoms of active tuberculosis, does not have either a risk
factor for acquiring tuberculosis infection or a risk factor for progression to
active tuberculosis disease as defined by the local health department, or has
been treated for these conditions in the past, and is currently free of
tuberculosis in a communicable form. Individuals who have a risk factor for
progression to active tuberculosis disease as defined by the Virginia
Department of Health shall submit documentation as stated in subdivision 2 or 3
of this subsection;
2. The results of a negative
tuberculin skin test (TST). The documentation shall include the date the test
was given and results of the test and be signed by a physician, physician's
designee or an official of the local health department.
3. The results of a chest x-ray
negative for active tuberculosis disease. The documentation shall include the
date of the test and location where the examination was performed.
C. At least every two years
from the date of the initial screening or testing, or more frequently if
recommended by a licensed physician or the local health department, staff
members and individuals from independent contractors shall obtain and submit
the results of a follow-up tuberculosis screening as stated in subsection B of
this section.
D. Any staff member or
individual from an independent contractor who develops symptoms compatible with
active tuberculosis disease, regardless of the date of the last tuberculosis
screening or assessment, shall obtain and submit within 14 days a determination
of noncontagiousness by a physician or local health
department.
1. Until such determination is
made, that staff member may not be permitted to work at the center.
2. Any staff member or
individual from an independent contractor who comes in contact with a known
active case of tuberculosis or who tests positive on a tuberculin skin test,
regardless of the date of the last tuberculosis screening or assessment, shall
submit within 30 days a statement indicating that all needed follow-up for the
incident has been completed and that the individual is free of tuberculosis in
a communicable form. This statement shall be signed by a physician, physician's
designee or an official of the local health department.
22VAC15-30-190. 22VAC40-185-170. Physical and mental health of
staff and volunteers.
A. When there is evidence that
the safety of children may be jeopardized by contact with a staff member or
volunteer because of the physical health or mental health of such staff member
or volunteer, the licensee shall, at a minimum, prohibit the employee or
volunteer from engaging in contact with the children or participation in the
food service program until a physician or a clinical psychologist skilled in
the diagnosis and treatment of mental illness confirms that any risk has been
eliminated or can be reduced to an acceptable level by reasonable
accommodations.
B. The requirement of
subsection A of this section should not be construed as a mandatory
precondition to any other employment action that an employer may otherwise
take.
22VAC15-30-200. 22VAC40-185-180. General qualifications.
A. No staff shall be guilty of
an offense, as defined in § 63.2-1719 of the Code of Virginia.
B. Staff shall be:
1. Of good character and
reputation;
2. Capable of carrying out assigned
responsibilities;
3. Capable of accepting
training and supervision; and
4. Capable of communicating
effectively both orally and in writing as applicable to the job responsibility.
C. Staff who work directly
with children shall be capable of communicating with emergency personnel.
D. Staff who drive a vehicle
transporting children shall disclose any moving traffic violation that occurred
five years prior to or during employment or assignment as a driver.
E. For therapeutic child day
programs and special needs child day programs, staff who work with children
shall have knowledge of the groups being served and skills specific to the
special needs of the children in care including, but not limited to, functional
abilities, accommodations, assessment techniques, behavior management, and
medical and health concerns.
22VAC15-30-230. 22VAC40-185-190. Program director
qualifications.
A. Program directors shall be
at least 21 years of age and shall meet one of the following:
1. A graduate degree in a child-related
field such as, but not limited to, elementary education, nursing, or recreation
from a college or university and six months of programmatic experience;
2. An endorsement or bachelor's
degree in a child-related field such as, but not limited to, elementary
education, nursing, or recreation from a college or university and one year of
programmatic experience;
3. Forty-eight semester hours
or 72 quarter hours of college credit from a college or university of which 12
semester hours or 18 quarter hours are in child-related subjects and one year
of programmatic experience;
4. Two years of programmatic
experience with one year in a staff supervisory capacity and at least one of
the following education backgrounds:
a. A one-year early childhood
certificate from a college or university that consists of at least 30 semester
hours;
b. A child development
credential that requires:
(1) High school program
completion or the equivalent;
(2) 480 hours working with
children in a group which could include a supervised practicum; and
(3) Determination of competency
in promoting children's development, providing a safe and healthy environment,
managing the classroom environment and/or childhood program, and promoting
positive and productive relationships with parents/guardians; and
(4) At least 120 clock hours of
child-related training taught by an individual or by an organization with
expertise in early childhood teacher preparation provided that the training
facilitator:
(a) Documents the student's
mastery and competence;
(b) Observes the student's
application of competence in a classroom setting;
(c) Has a combination of at
least six years of education (leading to a degree or credential in a
child-related field) or programmatic experience; and
(d) Has at least 12 semester
hours or 180 clock hours in a child-related field, a child development
credential or equivalent, and two years of programmatic experience with one
year in a staff supervisory capacity; or
c. A certification of
qualification from an internationally or nationally recognized Montessori
organization; or
5. Three years of programmatic
experience including one year in a staff supervisory capacity and fulfilled a
high school program completion or the equivalent.
a. Such programmatic experience
shall be obtained in a child day center that offers a staff training program
that includes: written goals and objectives; assessment of the employee's
participation in the training; and the subject areas of first aid, human growth
and development, health and safety issues and behavioral management of
children.
b. Such employees shall
complete 120 hours of training during this three-year period and provide
documentation of completing the training.
c. Effective June 1, 2008,
program directors shall meet a qualification as stated in subdivisions 1
through 4 of this subsection.
6. Exception (a): Program
directors hired before June 1, 2005, who do not meet the qualifications may
continue to be program directors as long as the program director: (i) obtains each year three semester hours or six quarter
hours of college credit related to children until meeting a qualification
option or (ii) is enrolled in and regularly works toward a child development
credential as specified in subdivision 4 b of this subsection, which credential
must be awarded by June 1, 2009.
Exception (b): Program
directors hired or promoted on or after June 1, 2005, until June 1, 2006, who
do not meet the qualifications may continue to be program directors as long as
the program director: (i) obtains each year six
semester hours or nine quarter hours of college credit related to children
until meeting a qualification option or (ii) is enrolled in and regularly works
toward a child development credential as specified in subdivision 4 b of this
subsection, which credential must be awarded no later than June 1, 2007.
B. Program directors without
management experience shall have one college course in a business-related
field, 10 clock hours of management training, or one child care management
course that satisfactorily covers the management functions of:
1. Planning;
2. Budgeting;
3. Staffing; and
4. Monitoring.
*Note: Management experience
is defined as at least six months of on-the-job training in an administrative
position that requires supervising, orienting, training, and scheduling staff.
C. For program directors of
therapeutic child day programs and special needs child day programs, education
and programmatic experience shall be in the group care of children with special
needs.
D. Notwithstanding subsection
A of this section, a person between 19 and 21 years of age may serve as a
program director at a short-term program serving only school age children if
the program director has daily supervisory contact by a person at least 21
years of age who meets one of the program director qualification options.
22VAC15-30-250. 22VAC40-185-200. Program directors and back-up
for program directors.
A. The center shall have a
qualified program director or a qualified back-up program director who meets
one of the director qualifications who shall regularly be on site at least 50%
of the center's hours of operation.
B. For centers offering
multiple shifts, a qualified program director or qualified back-up director
shall regularly be on site at least 50% of the day shift and at least two hours
during the evening shift and two hours during the night shift.
C. For centers employing one
or more program leaders who are qualified under subsection C of 22VAC15-30-260
22VAC40-185-210 but not under subsection A of that section, the
qualified program director or qualified back-up program director shall be on
site at least 75% of the center's hours of operation.
22VAC15-30-260. 22VAC40-185-210. Program leader
qualifications.
A. Program leaders shall be at
least 18 years of age, have fulfilled a high school program completion or the
equivalent, and meet one of the following:
1. Have one of the program
director qualifications in 22VAC15-30-230 22VAC40-185-190;
2. Have an endorsement or
bachelor's degree in a child-related field such as, but not limited to,
elementary education, nursing, or recreation, from a college or university;
3. Have three months of
programmatic experience and at least one of the following education
backgrounds:
a. A one year early childhood
certificate from a college or university that consists of at least 30 semester
hours;
b. A child development
credential by an organization listed in § 63.2-1738 of the Code of Virginia;
c. A teaching diploma from an
internationally or nationally recognized Montessori organization; or
4. Have six months of
supervised programmatic experience.
a. Within six months before
being promoted or beginning work or one month after being promoted or beginning
work, a minimum of 12 hours of training shall be received related to the care
of children, including but not limited to:
(1) Child development;
(2) Playground safety;
(3) Health and safety issues;
and
(4) Preventing and reporting
child abuse and neglect.
b. Such training may take place
on site while not supervising children. Such training hours shall increase
according to the following:
(1) Program leaders hired or
promoted after June 1, 2006 |
16 hours |
(2) Program leaders hired or
promoted after June 1, 2007 |
20 hours |
(3) Program leaders hired or
promoted after June 1, 2008 |
24 hours |
B. For program leaders of
therapeutic child day programs and special needs child day programs, at least
three months of programmatic experience shall be in the group care of children
with special needs.
C. Notwithstanding the
experience requirements in subsection A of this section, program leaders at
short-term programs may have only one season of programmatic experience,
provided that this experience shall include at least 200 hours, of which up to
24 hours can be formal training, working directly with children in a group.
22VAC15-30-280. 22VAC40-185-220. Aides.
Aides shall be at least 16
years of age.
22VAC15-30-290. 22VAC40-185-230. Independent contractors;
volunteers.
A. Individuals from
independent contractors shall not be counted in the staff-to-children ratios
unless they meet the qualifications for the applicable position.
B. Individuals from
independent contractors who do not meet staff qualifications shall, when in the
presence of children, be within sight and sound supervision of a staff member.
C. Volunteers who work with
children shall be at least 13 years of age.
22VAC15-30-310. 22VAC40-185-240. Staff training and
development.
A. Staff shall receive the
following training by the end of their first day of assuming job
responsibilities:
1. Job responsibilities and to
whom they report;
2. The policies and procedures
listed in subsection B of this section and 22VAC15-30-490 A 22VAC40-185-420
A that relate to the staff member's responsibilities;
3. The center's playground
safety procedures unless the staff member will have no responsibility for
playground activities or equipment;
4. Recognizing child abuse and
neglect and the legal requirements for reporting suspected child abuse as
required by § 63.2-1509 of the Code of Virginia;
5. Confidential treatment of
personal information about children in care and their families; and
6. The standards in this
chapter that relate to the staff member's responsibilities.
B. By the end of the first day
of supervising children, staff shall be provided in writing with the
information listed in 22VAC15-30-490 A 22VAC40-185-420 A and the
following:
1. Procedures for supervising a
child who may arrive after scheduled classes or activities including field
trips have begun;
2. Procedures to confirm
absence of a child when the child is scheduled to arrive from another program
or from an agency responsible for transporting the child to the center;
3. Procedures for identifying
where attending children are at all times, including procedures to ensure that
all children are accounted for before leaving a field trip site and upon return
to the center;
4. Procedures for action in
case of lost or missing children, ill or injured children, medical emergencies
and general emergencies;
5. Policy for any
administration of medication; and
6. Procedures for response to
natural and man-made disasters.
C. Program directors and staff
who work directly with children shall annually attend 10 hours of staff
development activities that shall be related to child safety and development and
the function of the center. Such training hours shall increase according to the
following:
1. June 1, 2006 - 12 hours
2. June 1, 2007 - 14 hours
3. June 1, 2008 - 16 hours
4. Staff development activities
to meet this subsection may include up to two hours of training in first aid or
cardiopulmonary resuscitation. Staff development activities to meet this
subsection may not include rescue breathing and first responder as required by 22VAC15-30-590
22VAC40-185-530 and training in medication administration and daily
health observation of children as required by subsection D of this section.
5. Exception (a): Staff who
drive a vehicle transporting children and do not work with a group of children
at the center do not need to meet the annual training requirement.
Exception (b): Parents who
participate in cooperative preschool centers shall complete four hours of
orientation training per year.
Exception (c): Staff who are
employed at a short-term program shall obtain 10 hours of staff training per
year.
D. 1. To safely perform
medication administration practices listed in 22VAC15-30-580 22VAC40-185-510,
whenever the center has agreed to administer prescribed medications, the
administration shall be performed by a staff member or independent contractor
who has satisfactorily completed a training program for this purpose approved
by the Board of Nursing and taught by a registered nurse, licensed practical
nurse, doctor of medicine or osteopathic medicine, or pharmacist; or
administration shall be performed by a staff member or independent contractor
who is licensed by the Commonwealth of Virginia to administer medications.
a. The approved training
curriculum and materials shall be reviewed by the department at least every
three years and revised as necessary.
b. Staff required to have the
training shall be retrained at three-year intervals.
2. The decision to administer
medicines at a facility may be limited by center policy to:
a. Prescribed medications;
b. Over-the-counter or
nonprescription medications; or
c. No medications except those
required for emergencies or by law.
3. To safely perform medication
administration practices listed in 22VAC15-30-580 22VAC40-185-510,
whenever the center has agreed to administer over-the-counter medications other
than topical skin gel, cream, or ointment, the administration must be performed
by a staff member or independent contractor who has satisfactorily completed a
training course developed or approved by the Department of Social Services in
consultation with the Department of Health and the Board of Nursing and taught
by an R.N., L.P.N., physician, or pharmacist; or performed by a staff member or
independent contractor who is licensed by the Commonwealth of Virginia to
administer medications.
a. The course, which shall
include competency guidelines, shall reflect currently accepted safe medication
administration practices, including instruction and practice in topics such as,
but not limited to, reading and following manufacturer's instructions;
observing relevant laws, policies and regulations; and demonstrating knowledge
of safe practices for medication storage and disposal, recording and reporting
responsibilities, and side effects and emergency recognition and response.
b. The approved training
curriculum and materials shall be reviewed by the department at least every
three years and revised as necessary.
c. Staff required to have the
training shall be retrained at three-year intervals.
4. Any child for whom emergency
medications (such as but not limited to albuterol, glucagon, and epipen) have been prescribed shall always be in the care of
a staff member or independent contractor who meets the requirements in
subdivision 1 of this subsection.
5. There shall always be at
least one staff member on duty who has obtained within the last three years
instruction in performing the daily health observation of children.
6. Daily health observation
training shall include:
a. Components of daily health
check for children;
b. Inclusion and exclusion of
the child from the class when the child is exhibiting physical symptoms that
indicate possible illness;
c. Descriptions of how diseases
are spread and the procedures or methods for reducing the spread of disease;
d. Information concerning the
Virginia Department of Health Notification of Reportable Diseases pursuant to
12VAC5-90-80 and 12VAC5-90-90, also available from the local health department
and the website of the Virginia Department of Health; and
e. Staff occupational health
and safety practices in accordance with Occupational Safety and Health
Administration's (OSHA) Bloodborne Pathogens
regulation.
E. Before assuming job
responsibilities, staff who work with children in therapeutic child day
programs and special needs child day programs shall receive training in:
1. Universal precautions
procedures;
2. Activity adaptations;
3. Medication administration;
4. Disabilities precautions and
health issues; and
5. Appropriate intervention
strategies.
F. For therapeutic child day
programs and special needs child day programs, staff who work directly with
children shall annually attend 24 hours of staff development activities. At
least eight hours of this training shall be on topics related to the care of
children with special needs.
22VAC15-30-320. 22VAC40-185-250. Approval from other agencies;
requirements prior to initial licensure.
A. Before issuance of the
first license and before use of newly constructed, renovated, remodeled, or
altered buildings or sections of buildings, written documentation of the
following shall be provided by the center to the licensing representative:
1. Approval by the authority
having jurisdiction that each building meets building and fire codes or that a
plan of correction has been approved; and
Exception: Any building which
is currently approved for school occupancy and which houses a public or private
school during the school year shall be considered to have met the requirements
of subdivision 1 of this subsection when housing a center only serving children
two and a half years of age or older.
2. Approval from the local
health department, or approval of a plan of correction, for meeting
requirements for:
a. Water supply;
b. Sewage disposal system; and
c. Food service, if applicable.
B. For buildings built before
1978, the following shall be submitted before the initial license is issued:
1. A written statement from a
person licensed in Virginia as an asbestos inspector and management planner as
required by § 63.2-1811 of the Code of Virginia and the requirements of the
Asbestos Hazard Emergency Response Act (15 USC § 2641 et seq.); and
2. A written statement that the
response actions to abate any risk to human health have been or will be
initiated in accordance with a specific schedule and plan as recommended by the
asbestos management planner in accordance with § 63.2-1811 of the Code of
Virginia.
C. A notice regarding the
presence and location of asbestos containing materials and advising that the
asbestos inspection report and management plan are available for review shall
be posted.
Exception: The provisions of
subsections B and C of this section do not apply to centers located in
buildings required to be inspected according to Article 5 (§ 2.2-1162 et seq.)
of Chapter 11 of Title 2.2 of the Code of Virginia.
D. Before the first license is
issued, camps shall notify the responsible fire department and the responsible
emergency medical service of the camp location and hours of operation.
22VAC15-30-330. 22VAC40-185-260. Approval from other agencies;
requirements subsequent to initial licensure.
A. The center shall provide to
the licensing representative an annual fire inspection report from the
appropriate fire official having jurisdiction.
Exception: If a center is
located in a building currently housing a public or private school, the
school's annual fire inspection report shall be accepted.
B. After the first license,
annual approval from the health department shall be provided, or approvals of a
plan of correction, for meeting requirements for:
1. Water supply;
2. Sewage disposal system; and
3. Food service, if applicable.
C. For those buildings where
asbestos containing materials are detected and not removed:
1. A signed, written statement
that the center is following the recommendations of the management plan shall
be submitted to the department before subsequent licenses are issued; and
2. The notice regarding the
presence and location of asbestos containing materials and advising that the
asbestos inspection report and management plan are available for review shall
continue to be posted.
3. Exception: The provisions of
this subsection do not apply to child day centers located in buildings required
to be inspected according to Article 5 (§ 2.2-1162 et seq.) of Chapter 11 of
Title 2.2 of the Code of Virginia.
22VAC15-30-340. 22VAC40-185-270. Building maintenance.
A. Areas and equipment of the
center, inside and outside, shall be maintained in a clean, safe and operable
condition. Unsafe conditions shall include, but not be limited to, splintered,
cracked or otherwise deteriorating wood; chipped or peeling paint; visible
cracks, bending or warping, rusting or breakage of any equipment; head
entrapment hazards; and protruding nails, bolts or other components that could
entangle clothing or snag skin.
B. Heat shall be supplied from
a heating system approved in accordance with the Uniform Statewide Building
Code (USBC, 13VAC5-62) except for camps. The heating system shall:
1. Be installed to prevent
accessibility of children to the system; and
2. Have appropriate barriers to
prevent children from being burned, shocked, or injured from heating equipment.
In addition, proper supervision shall be available to prevent injury.
3. Exception: In case of
emergency, portable heaters may be used in accordance with the manufacturer's
instructions.
C. In inside areas occupied by
children, the temperature shall be maintained no lower than 68°F.
D. Fans or other cooling
systems shall be used when the temperature of inside areas occupied by children
exceeds 80°F.
E. Drinking fountains or
individual disposable cups with safe drinking water shall be accessible at all
times.
F. Equipment shall include,
but not be limited to, the following:
1. Outside lighting provided at
entrances and exits used by children before sunrise or after sundown; and
2. An in-service, nonpay telephone.
22VAC15-30-350. 22VAC40-185-280.
Hazardous substances and other harmful agents.
A. No center shall be located
where conditions exist that would be hazardous to the health and safety of
children.
B. Hazardous substances such
as cleaning materials, insecticides, and pesticides shall be kept in a locked
place using a safe locking method that prevents access by children.
1. If a key is used, the key
shall not be accessible to the children.
2. Exception: Cleaning supplies
to clean and sanitize the diapering area or toilet chairs do not need to be
kept locked during diapering or toilet training time as long as they are
inaccessible to children.
C. Pesticides or insecticides
shall not be stored in areas used by children or in areas used for food
preparation or storage.
D. Cleaning and sanitizing
materials shall not be located above food, food equipment, utensils or
single-service articles and shall be stored in areas physically separate from
food.
E. Cleaning materials (e.g.,
detergents, sanitizers and polishes) and insecticides/pesticides shall be
stored in areas physically separate from each other.
F. Hazardous substances shall
be stored in the original container unless this container is of such a large
size that its use would be impractical.
G. If hazardous substances are
not kept in original containers, the substitute containers shall clearly indicate
their contents and shall not resemble food or beverage containers.
H. Cosmetics, medications, or
other harmful agents shall not be stored in areas, purses or pockets that are
accessible to children.
I. Hazardous art and craft
materials shall not be used with children.
J. Smoking shall be prohibited
in the interior of a center that is not used for residential purposes.
K. In residential areas of the
center and outside the center, smoking shall be prohibited in the presence of
children.
22VAC15-30-360. 22VAC40-185-290. General physical plant
requirements for centers serving children of preschool age or younger.
In areas used by children of
preschool age or younger, the following shall apply:
1. Guardrails and handrails
shall be provided in accordance with the USBC (13VAC5-62) in effect at time of
first occupancy or construction.
2. Fans, when used, shall be
out of reach of children and cords shall be secured so as not to create a
tripping hazard.
3. Electrical outlets shall
have protective covers that are of a size that cannot be swallowed by children.
22VAC15-30-370. 22VAC40-185-300. General physical plant
requirements for centers serving school age children.
A. Any building which is
currently approved for school occupancy and which houses a school during the
school year shall be considered to have met the building requirements in this
regulation when housing a center only serving school age children.
B. Portable camping equipment
for heating or cooking that is not required to be approved by the building
official shall bear the label of a nationally recognized inspection agency and
be used in accordance with the manufacturer's specifications, except for
charcoal and wood burning cooking equipment.
C. No cooking or heating shall
occur in tents except as provided by the USBC (13VAC5-62).
22VAC15-30-380. 22VAC40-185-310. Areas.
A. Indoor space shall be
measured inside wall-to-wall excluding spaces not routinely used by children as
referenced in subdivisions 1 and 2 of this subsection:
1. Areas not routinely used for
children's activities shall not be calculated as available space.
2. Space not calculated shall
include, but not be limited to, offices, hallways, restrooms, kitchens, storage
rooms or closets.
B. There shall be 25 square
feet of indoor space available per child until subdivisions 1 and 2 of this
subsection take effect.
1. Effective June 1, 2008,
applicants must have 35 square feet of indoor wall-to-wall space per child.
2. Current licensees and
subsequent licensees at currently licensed facilities may continue to provide
25 square feet per child.
3. New additions shall have 35
square feet of indoor wall-to-wall space per child effective June 1, 2008.
C. Space in areas used by
infants shall be calculated separately from space for older children. There
shall be a minimum of 25 square feet of space per infant excluding space
occupied by cribs and changing tables or a minimum of 35 square feet of
available space per infant including space occupied by cribs and changing
tables.
D. Camps for school age
children are not required to meet this space requirement. However, when weather
prevents outdoor activities, the required indoor space per child shall be
provided either at the program site or at a predesignated,
approved location off site.
E. When children are on the
outdoor play area, at least 75 square feet of space per child shall be provided
at any one time.
F. Centers licensed for the
care of infants and toddlers shall provide a separate playground area for these
children that has at least 25 square feet of unpaved surface per infant/toddler
on the outdoor area at any one time. This space may be counted as part of the
75 square feet required in subsection B of this section.
G. A separate space shall be
designated for children who are ill or injured.
22VAC15-30-390. 22VAC40-185-320. Restroom areas and
furnishings.
A. Centers shall be provided
with at least two toilets and two sinks.
B. Each restroom area provided
for children shall:
1. Be within a contained area,
readily available and within the building used by the children (Exception:
Restrooms used by school age children at camps are not required to be located
within the building);
2. Have toilets that are
flushable;
3. Have sinks located near the
toilets and that are supplied with running warm water that does not exceed
120°F (Exception: Camps are exempt from the requirement that running water be
warm); and
4. Be equipped with soap,
toilet paper, and disposable towels or an air dryer within reach of children.
C. For restrooms available to
males, urinals shall not be substituted for more than one-half the required
number of toilets.
D. An adult size toilet with
privacy shall be provided for staff use. Staff toilets may be counted in the
number of required toilets for children only if children are allowed
unrestricted access to them.
Exception: Primitive camps are
not required to have a toilet with privacy for staff.
E. Centers shall be provided
with at least one toilet and one sink per 20 preschool children and at least
one standard size toilet and one sink per 30 school age children. When sharing
restroom areas with other programs, the children in those programs shall be
included in the toilet and sink ratio calculations. The toilet and sink ratio
appropriate to the younger age group shall apply.
F. When child size toilets,
urinals, and low sinks are not available in restrooms used by children of
preschool age and younger, one or more platforms or sets of steps shall be
provided.
G. School age children of the
opposite sex shall not use the same restroom at the same time.
H. A restroom used for school
age children that contains more than one toilet shall have at least one toilet
enclosed.
I. Restrooms used by school
age children at primitive camps are not required to have:
1. Sinks, if adequate water,
supplies, and equipment for hand washing are available; and
2. Flushable toilets, if the
number of sanitary privies or portable toilets constructed and operated in accordance
with the applicable law and regulations of the Virginia Department of Health
meets the toilet ratio stated in subsection E of this section. No privy or
outdoor toilet shall be located within 75 feet of other buildings or camp
activities.
22VAC15-30-410. 22VAC40-185-330. Play areas.
A. Playgrounds shall be
located and designed to protect children from hazards.
B. Where playground equipment
is provided, resilient surfacing shall comply with minimum safety standards
when tested in accordance with the procedures described in the American Society
for Testing and Materials standard F1292-99 as shown in Figures 2 (Compressed
Loose Fill Synthetic Materials Depth Chart) and 3 (Use Zones for Equipment) on
pages 6-7 of the National Program for Playground Safety's "Selecting
Playground Surface Materials: Selecting the Best Surface Material for Your
Playground," February 2004, and shall be under equipment with moving parts
or climbing apparatus to create a fall zone free of hazardous obstacles. Fall
zones are defined as the area underneath and surrounding equipment that
requires a resilient surface. A fall zone shall encompass sufficient area to
include the child's trajectory in the event of a fall while the equipment is in
use. Falls zones shall not include barriers for resilient surfacing. Where
steps are used for accessibility, resilient surfacing is not required.
C. Ground supports shall be
covered with materials that protect children from injury.
D. Swing seats shall be
constructed with flexible material.
1. Exceptions: Nonflexible
molded swing seats may be used only in a separate infant or toddler play area.
2. Swings made specifically for
a child with a special need shall be permitted in any area as long as a staff
member is positioned to see and protect other children who might walk into the
path of the swing.
E. Sandboxes with bottoms
which prevent drainage shall be covered when not in use.
F. A shady area shall be
provided on playgrounds during the months of June, July, and August.
EXCEPTION: The requirements of
this section shall not prohibit child day programs providing care for
school-age children at a location that is currently approved by the Department
of Education or recognized as a private school by the State Board of Education
for school occupancy and that houses a public or private school during the
school year from permitting school-age children to use outdoor play equipment
and areas approved for use by students of the school during school hours.
Part V
Staffing and Supervision
22VAC15-30-430. 22VAC40-185-340. Supervision of children.
A. When staff are supervising
children, they shall always ensure their care, protection, and guidance.
B. During the center's hours
of operation, one adult on the premises shall be in charge of the administration
of the center. This person shall be either the administrator or an adult
appointed by the licensee or designated by the administrator.
C. During the stated hours of
operation, there always shall be on the premises and on field trips when one or
more children are present one staff member who meets the qualifications of a
program leader or program director and an immediately available staff member,
volunteer or other employee who is at least 16 years of age, with direct means
for communication between the two of them. The volunteer or other employee
shall have received instruction in how to contact appropriate authorities if
there is an emergency.
D. In each grouping of
children at least one staff member who meets the qualifications of a program leader
or program director shall be regularly present. Such a program leader shall
supervise no more than two aides.
E. Exception: A program leader
is not required in each grouping of children during the first and last hour of
operation when a center operates more than six hours per day and during the
designated rest period if the following are met: (i)
there is a staff member in the group who is over 18 years of age and has at
least three months of programmatic experience at the center; (ii) there is an
additional staff person on site who meets program leader qualifications, is not
counted in the staff-to-children ratios and is immediately available to help if
needed; and (iii) there is a direct means for communicating between these two
staff members.
F. Children under 10 years of
age always shall be within actual sight and sound supervision of staff, except
that staff need only be able to hear a child who is using the restroom provided
that:
1. There is a system to assure
that individuals who are not staff members or persons allowed to pick up a
child in care do not enter the restroom area while in use by children; and
2. Staff check on a child who
has not returned from the restroom after five minutes. Depending on the
location and layout of the restroom, staff may need to provide intermittent
sight supervision of the children in the restroom area during this five-minute
period to assure the safety of children and to provide assistance to children
as needed.
G. Children 10 years of age
and older shall be within actual sight and sound supervision of staff except
when the following requirements are met:
1. Staff can hear or see the
children (video equipment, intercom systems, or other technological devices
shall not substitute for staff being able to directly see or hear children);
2. Staff are nearby so they can
provide immediate intervention if needed;
3. There is a system to ensure
that staff know where the children are and what they are doing;
4. There is a system to ensure
that individuals who are not staff members or persons allowed to pick up
children in care do not enter the areas where children are not under sight
supervision; and
5. Staff provide sight and
sound supervision of the children at variable and unpredictable intervals not
to exceed 15 minutes.
H. When the outdoor activity
area is not adjacent to the center, there shall be at least two staff members
on the outdoor activity area whenever one or more children are present.
I. Staff shall greet each
child upon arrival at the center and oversee each child's departure from the
center.
J. Staff shall not allow a
child to leave the center unsupervised.
22VAC15-30-440. 22VAC40-185-350. Staff-to-children ratio
requirements.
A. Staff shall be counted in
the required staff-to-children ratios only when they are directly supervising
children.
B. A child volunteer 13 years
of age or older not enrolled in the program shall not be counted as a child in
the staff-to-children ratio requirements.
C. When children are regularly
in ongoing mixed age groups, the staff-to-children ratio applicable to the
youngest child in the group shall apply to the entire group.
D. During the designated rest
period and the designated sleep period of evening and overnight care programs,
the ratio of staff to children may be double the number of children to each
staff required by subdivisions E 2 through 4 and 7 of this section if:
1. A staff person is within
sight and sound of the resting/sleeping children;
2. Staff counted in the overall
rest period ratio are within the building and available to ensure safe
evacuation in an emergency; and
3. An additional person is
present at the center to help, if necessary.
E. The following ratios of
staff to children are required wherever children are in care:
1. For children from birth to
the age of 16 months: one staff member for every four children;
2. For children 16 months old
to two years: one staff member for every five children;
3. For two-year-old children: one
staff member for every eight children effective June 1, 2006;
4. For children from three
years to the age of eligibility to attend public school, five years by
September 30: one staff member for every 10 children effective June 1, 2006;
5. For children from age of
eligibility to attend public school through eight years, one staff member for
every 18 children; and
6. For children from nine years
through 12 years, one staff member for every 20 children effective June 1,
2006.
7. Notwithstanding subdivisions
4 and 5 of this subsection and subsection C of this section, the ratio for
balanced mixed-age groupings of children shall be one staff member for every 14
children, provided:
a. If the program leader has an
extended absence, there shall be sufficient substitute staff to meet a ratio of
one staff member for every 12 children.
b. The center shall have
readily accessible and in close classroom proximity auxiliary persons
sufficient to maintain a 1:10 adult-to-child ratio for all three-year-olds who
are included in balanced mixed-age groups to be available in the event of
emergencies.
c. The program leader has
received training in classroom management of balanced mixed-age groupings of at
least eight hours.
F. With a parent's written
permission and a written assessment by the program director and program leader,
a center may choose to assign a child to a different age group if such age
group is more appropriate for the child's developmental level and the
staff-to-children ratio shall be for the established age group.
1. If such developmental
placement is made for a child with a special need, a written assessment by a
recognized agency or professional shall be required at least annually. These
assignments are intended to be a permanent new group and staff members for the
child.
2. A center may temporarily
reassign a child from his regular group and staff members for reasons of
administrative necessity but not casually or repeatedly disrupt a child's
schedule and attachment to his staff members and group.
G. For therapeutic child day
programs, in each grouping of children of preschool age or younger, the
following ratios of staff to children are required according to the special
needs of the children in care:
1. For children with severe and
profound disabilities, multiple special needs, serious medical need, or serious
emotional disturbance: one staff member to three children.
2. For children diagnosed as
trainable mentally retarded (TMR), or with physical and sensory disabilities,
or with autism: one staff member to four children.
3. For children diagnosed as
educable mentally retarded (EMR) or developmentally delayed or diagnosed with
attention deficit/hyperactivity disorder (AD/HD): one staff member to five
children.
4. For children diagnosed with
specific learning disabilities: one staff member to six children.
5. When children with varied
special needs are regularly in ongoing groups, the staff-to-children ratio
applicable to the child with the most significant special need in the group
shall apply to the entire group.
6. Note: Whenever 22VAC15-30-440
E 22VAC40-185-350 E requires more staff than 22VAC15-30-440 G
22VAC40-185-350 G because of the children's ages, 22VAC15-30-440 E
22VAC40-185-350 E shall take precedence over 22VAC15-30-440 G 22VAC40-185-350
G.
H. For therapeutic child day
programs, in each grouping of school age children, the following ratios of
staff to children are required according to the special needs of the children
in care:
1. For children with severe and
profound disabilities, autism, multiple special needs, serious medical need, or
serious emotional disturbance: one staff member to four children.
2. For children diagnosed as
trainable mentally retarded (TMR), or with physical and sensory disabilities;
attention deficit/hyperactivity disorder (AD/HD), or other health impairments:
one staff member to five children.
3. For children diagnosed as
educable mentally retarded (EMR), or developmentally delayed: one staff member
to six children.
4. For children diagnosed with
specific learning disabilities, or speech or language impairments: one staff
member to eight children.
5. When children with varied
special needs are regularly in ongoing groups, the staff-to-children ratio
applicable to the child with the most significant special need in the group
shall apply to the entire group.
Part VI
Programs
22VAC15-30-451. 22VAC40-185-360. Daily activities.
A. The variety of daily
activities for all age groups shall be age and stage appropriate and provide
opportunities for teacher-directed, self-directed, and self-chosen tasks and
activities; a balance of active and quiet activities; individual and group
activities; and curiosity and exploration.
Exception: Specialty camps do
not need to provide opportunities for self-chosen tasks and curiosity and
exploration.
B. For a child who cannot move
without help, staff shall offer to change the places and position of the child
at least every 30 minutes or more frequently depending on the child's
individual needs.
C. Children shall be allowed
to sleep or rest as individually needed.
D. For a child in a
therapeutic child day program, daily activities shall be in accordance with the
program's individual plan for such child.
22VAC15-30-461. 22VAC40-185-370. Daily activities for infants.
There shall be a flexible
daily schedule for infants based on their individual needs. During the day, infants
shall be provided with:
1. Sleep as needed.
a. When an infant is placed in
his crib, he shall be placed on his back (supine).
b. When an infant is able to
easily turn over from the back (supine) to the belly (prone) position and he is
placed in his crib, he shall still be put on his back (supine) but allowed to
adopt whatever position he prefers. This applies unless otherwise directed by
the infant's physician in writing.
c. If the side position is
used, caregivers shall bring the dependent arm forward to lessen the likelihood
of the infant rolling into a belly (prone) position.
d. Resting or sleeping infants
shall be individually checked every 15-20 minutes.
e. An infant who falls asleep
in a play space specified in subdivision 5 a of this
section may remain in that space if comfortable and safe.
2. Food as specified in 22VAC15-30-620
22VAC40-185-560 and 22VAC15-30-630 22VAC40-185-570.
3. Outdoor time if weather and
air quality allow based upon the Air Quality Color Code Chart as provided by
the Department of Environmental Quality.
4. Comfort as needed.
5. Play spaces.
a. Play spaces may include, but
are not limited to, cribs, infant seats, play yards, exercise chairs or saucers
(but not walkers), infant swings, high chairs, and floor space.
b. The variety of play spaces
shall cumulatively offer:
(1) Room for extensive movement
(rolling, crawling, or walking) and exploration;
(2) A diversity of sensory and
perceptual experiences; and
(3) Equipment and toys that
support large and small motor development.
c. Staff shall provide frequent
opportunities for infants to creep, crawl, toddle and walk.
d. Infants shall be protected
from older children.
e. Staff shall provide awake
infants not playing on the floor or ground a change in play space at least
every 30 minutes or more often as determined by the individual infant's needs.
f. Staff shall change the
position of an awake infant playing on the floor or ground and the selection of
toys available to the infant every 30 minutes or more often as determined by
the individual infant's needs.
g. Infants, who cannot turn
themselves over and are awake, shall be placed on their stomachs a total of 30
minutes each day to facilitate upper body strength and to address misshapen
head concerns.
6. Stimulation and language
development activities, including but not limited to staff reading, talking to,
showing pictures to, naming objects for, playing with and engaging in positive
interactions (such as smiling, cuddling, and making eye contact) with infants.
22VAC15-30-471. 22VAC40-185-380. Daily activities for toddlers
and preschoolers.
A. There shall be a posted
daily schedule that allows for flexibility as children's needs require. The
daily schedule need not apply on days occupied a majority of the time by a
field trip or other special event. The daily schedule shall include
opportunities for:
1. Outdoor activity, weather
and air quality allowing, for at least:
a. Fifteen minutes per day or
session if the center operates up to three hours per day or session;
b. Thirty minutes per day or
session if the center operates between three and five hours per day or session;
or
c. One hour per day or session
if the center operates more than five hours per day or session.
2. Sleep or rest.
a. Centers operating five or
more hours per day shall have a designated rest period for at least one hour
but no more than two hours.
(1) Cribs, cots, beds, or mats
shall be used.
(2) After the first 30 minutes,
children not sleeping may engage in quiet activities.
b. A child who falls asleep in
a place other than his designated sleeping location may remain in that space if
comfortable and safe.
c. Sleeping toddlers shall be
individually checked every 30 minutes.
3. Meals and snacks as
specified in 22VAC15-30-620 22VAC40-185-560 and 22VAC15-30-630
22VAC40-185-570.
4. Small and large motor
activities, language and communication experiences, sensory experiences, art or
music activities, and play acting or social living.
B. Staff shall encourage
language development by having conversations with children that give them time
to initiate and respond, by labeling and describing objects and events, having
storytelling time and by expanding the children's vocabulary.
22VAC15-30-481. 22VAC40-185-390. Daily activities for
school age children.
A. Before or after school, the
center shall provide an opportunity for children to do homework or projects or
hobbies in a suitable area. In the afternoon, there shall be an opportunity for
large motor activities at least 25% of the time.
B. On nonschool
days, the daily activity shall include opportunities for large motor activities
at least 25% of the time; small motor activities; projects, hobbies, or
homework in a suitable place; art or music activities; outdoor activity in
accordance with 22VAC15-30-471 A 1 22VAC40-185-380 A 1 and food
as specified in 22VAC15-30-620 22VAC40-185-560 and 22VAC15-30-630
22VAC40-185-570.
Exception: Specialty camps are
not required to meet the requirements of this subsection.
22VAC15-30-484. 22VAC40-185-400. Behavioral guidance.
A. In order to promote the
child's physical, intellectual, emotional, and social well-being and growth,
staff shall interact with the child and one another to provide needed help,
comfort, support and:
1. Respect personal privacy;
2. Respect differences in
cultural, ethnic, and family backgrounds;
3. Encourage decision-making
abilities;
4. Promote ways of getting
along;
5. Encourage independence and
self-direction; and
6. Use consistency in applying
expectations.
B. Behavioral guidance shall
be constructive in nature, age and stage appropriate, and shall be intended to
redirect children to appropriate behavior and resolve conflicts.
22VAC15-30-487. 22VAC40-185-410. Forbidden actions.
The following actions or
threats thereof are forbidden:
1. Physical punishment,
striking a child, roughly handling or shaking a child, restricting movement
through binding or tying, forcing a child to assume an uncomfortable position,
or exercise as punishment;
2. Enclosure in a small
confined space or any space that the child cannot freely exit himself; however,
this does not apply to the use of equipment such as cribs, play yards, high
chairs, and safety gates when used with children preschool age or younger for
their intended purpose;
3. Punishment by another child;
4. Separation from the group so
that the child is away from the hearing and vision of a staff member;
5. Withholding or forcing of
food or rest;
6. Verbal remarks which are
demeaning to the child;
7. Punishment for toileting
accidents; and
8. Punishment by applying
unpleasant or harmful substances.
22VAC15-30-490. 22VAC40-185-420. Parental involvement.
A. Before the child's first
day of attending, parents shall be provided in writing the following:
1. The center's philosophy and
any religious affiliation;
2. Operating information,
including the hours and days of operation and holidays or other times closed,
and the phone number where a message can be given to staff;
3. The center's transportation
policy;
4. The center's policies for
the arrival and departure of children, including procedures for verifying that
only persons authorized by the parent are allowed to pick up the child, picking
up children after closing, when a child is not picked up for emergency
situations including but not limited to inclement weather or natural disasters;
5. The center's policy
regarding any medication or medical procedures that will be given;
6. The center's policy
regarding application of:
a. Sunscreen;
b. Diaper ointment or cream;
and
c. Insect repellent.
7. Description of established
lines of authority for staff;
8. Policy for reporting
suspected child abuse as required by § 63.2-1509 of the Code of Virginia;
9. The custodial parent's right
to be admitted to the center as required by § 63.2-1813 of the Code of
Virginia;
10. Policy for communicating an
emergency situation with parents;
11. The appropriate general
daily schedule for the age of the enrolling child;
12. Food policies;
13. Discipline policies
including acceptable and unacceptable discipline measures; and
14. Termination policies.
B. Staff shall promptly inform
parents when persistent behavioral problems are identified; such notification
shall include any disciplinary steps taken in response.
C. A custodial parent shall be
admitted to any child day program. Such right of admission shall apply only while
the child is in the child day program (§ 63.2-1813 of the Code of Virginia).
D. The center shall provide
opportunities for parental involvement in center activities.
E. Communication.
1. For each infant, the center
shall post a daily record which can be easily accessed by both the parent and
the staff working with the child. The record shall contain the following
information:
a. The amount of time the
infant slept;
b. The amount of food consumed
and the time;
c. A description and time of
bowel movements;
d. Developmental milestones;
and
e. For infants, who are awake
and cannot turn over by themselves, the amount of time spent on their stomachs.
2. If asked by parents, staff
shall provide feedback about daily activities, physical well-being, and
developmental milestones.
3. Parents shall be provided at
least semiannually in writing information on their child's development,
behavior, adjustment, and needs.
a. Staff shall provide at least
semiannual scheduled opportunities for parents to provide feedback on their
children and the center's program.
b. Staff shall request at least
annually parent confirmation that the required information in the child's
record is up to date.
c. Such sharing of information
shall be documented.
d. Short-term programs (as
defined in 22VAC15-30-10 22VAC40-185-10) are exempt from this
requirement.
4. Parents shall be informed of
reasons for termination of services.
22VAC15-30-500. 22VAC40-185-430. Equipment and materials.
A. Furnishings, equipment, and
materials shall be of an appropriate size for the child using it.
B. Materials and equipment
available shall be age and stage appropriate for the children and shall include
an adequate supply as appropriate for each age group of arts and crafts
materials, texture materials, construction materials, music and sound materials,
books, social living equipment, and manipulative equipment.
C. Play equipment used by
children shall meet the following requirements:
1. Openings above the ground or
floor which allow a 3-1/2 inch by 6-1/4 inch rectangle to fit through shall
also allow a nine-inch circle to fit through;
2. S-hooks where provided may
not be open more than the thickness of a penny; and
3. Have no protrusions, sharp
points, shearing points, or pinch points.
D. The unenclosed climbing
portion of slides and climbing equipment used by toddlers and preschool
children shall not be more than seven feet high and must be located over
resilient surfacing where outdoors, and shall not be more than five feet high
where indoors.
E. Centers may not install
after June 1, 2005, any slide or climbing equipment to be used by preschoolers
or toddlers when the climbing portion of the equipment is more than six feet in
height.
F. The climbing portions of
indoor slides and climbing equipment over 18 inches shall not be over bare
flooring.
G. The climbing portions of
indoor slides and climbing equipment 36 inches or more shall be located over a
resilient surface.
H. Trampolines may not be
used.
EXCEPTION: The requirements of
subsections A through H of this section shall not prohibit child day programs
providing care for school-age children at a location that is currently approved
by the Department of Education or recognized as a private school by the State
Board of Education for school occupancy and that houses a public or private
school during the school year from permitting school-age children to use
outdoor play equipment and areas approved for use by students of the school
during school hours.
I. If combs, toothbrushes, or
other personal articles are used, they shall be individually assigned.
J. Disposable products shall
be used once and discarded.
K. Provision shall be made for
an individual place for each child's personal belongings.
L. Infant walkers shall not be
used.
M. Play yards where used
shall:
1. Meet the Juvenile Products
Manufacturers Association (JPMA) and the American Society for Testing and
Materials (ASTM) requirements and shall retain the manufacturer's label
documenting product compliance with current safety standards at the time they
were manufactured;
2. Not be used after recalled;
3. Not use any pillows or
filled comforters;
4. Not be used for the
designated sleeping areas;
5. Not be occupied by more than
one child; and
6. Be sanitized each day of use
or more often as needed.
N. Upon being informed that a
product has been recalled, center staff shall remove the item from the center.
O. Where portable water
coolers are used, they shall be of cleanable construction, maintained in a
cleaned condition, kept securely closed and so designed that water may be withdrawn
from the container only by water tap or faucet.
P. Drinking water which is
transported to camp sites shall be in closed containers.
Q. Therapeutic child day
programs and special needs child day programs serving children who use
wheelchairs shall provide cushioned vinyl-covered floormats
for use when activities require children to be out of their wheelchairs.
22VAC15-30-510. 22VAC40-185-440. Cribs, cots, rest mats,
and beds.
A. Cribs, cots, rest mats or
beds shall be provided for children during the designated rest period and not
be occupied by more than one child at a time.
B. Cribs, cots, rest mats, and
beds shall be identified for use by a specific child.
C. Double decker cribs, cots,
or beds, or other sleeping equipment when stacked shall not be permitted.
D. Occupied cribs, cots, rest
mats, and beds shall be at least 2-1/2 feet from any heat producing appliance.
E. There shall be at least 12
inches of space between occupied cots, beds, and rest mats.
Exception: Twelve inches of
space are not required where cots, beds, or rest mats are located adjacent to a
wall or a divider as long as one side is open at all times to allow for
passage.
F. If rest mats are used, they
shall have cushioning and be sanitized on all sides weekly or before use by
another child.
G. Cribs shall be used for
children under 12 months of age and for children over 12 months of age who are
not developmentally ready to sleep on a cot or mat.
H. Cribs shall meet the
following requirements:
1. They shall meet the Consumer
Product Safety Commission Standards at the time they were manufactured;
2. They shall not have been
recalled;
3. There shall be no more than
six centimeters or 2-3/8 inches of space between slats;
4. There shall be no more than
one inch between the mattress and the crib; and
5. End panel cut-outs in cribs
shall be of a size not to cause head entrapment.
I. Cribs shall be placed where
objects outside the crib such as cords from blinds or curtains are not within
reach of infants or toddlers.
J. There shall be at least:
1. Twelve inches of space
between the sides and ends of occupied cribs except where they touch the wall;
and
2. Thirty inches of space
between service sides of occupied cribs and other furniture where that space is
the walkway for staff to gain access to any occupied crib.
K. Crib sides shall be up and
the fastenings secured when a child is in the crib, except when a staff member
is giving the child immediate attention.
L. Pillows and filled
comforters shall not be used by children under two years of age.
M. Use of crib bumper pads
shall be prohibited.
N. Toys or objects hung over
an infant in a crib and crib gyms that are strung across the crib may not be
used for infants over five months of age or infants who are able to push up on
their hands and knees.
22VAC15-30-520. 22VAC40-185-450. Linens.
A. Cribs, cots, mats and beds
used by children other than infants during the designated rest period or during
evening and overnight care shall have linens consisting of a top cover and a
bottom cover or a one-piece covering which is open on three edges. Cribs when
being used by infants shall have a bottom cover.
B. Linens shall be assigned
for individual use.
C. Linens shall be clean and
washed at least weekly.
1. Crib sheets shall be clean
and washed daily.
2. When centers wash the
linens, the water shall be above 140°F or the dryer shall heat the linens above
140°F as verified by the manufacturer or a sanitizer shall be used according to
the manufacturer's instructions.
D. Pillows when used shall be
assigned for individual use and covered with pillow cases.
E. Mattresses when used shall
be covered with a waterproof material which can be cleaned and sanitized.
22VAC15-30-540. 22VAC40-185-460. Swimming and wading
activities; staff and supervision.
A. The staff-to-children
ratios required by 22VAC15-30-440 E, G and H 22VAC40-185-350 E, G,
and H shall be maintained while children are participating in swimming or wading
activities.
1. Notwithstanding the
staff-to-children ratios already indicated, at no time shall there be fewer
than two staff members supervising the activity.
2. The designated certified
lifeguard shall not be counted in the staff-to-children ratios.
B. If a pool, lake, or other
swimming area has a water depth of more than two feet, a certified lifeguard
holding a current certificate shall be on duty supervising the children
participating in swimming or wading activities at all times when one or more
children are in the water.
C. The lifeguard certification
shall be obtained from an organization such as, but not limited to, the
American Red Cross, the YMCA, or the Boy Scouts.
22VAC15-30-550. 22VAC40-185-470. Pools and equipment.
A. When permanent swimming or
wading pools are located on the premises of the center, the following shall
apply:
1. The manufacturer's
specifications for operating the pool shall be followed as well as any local
ordinances and any Department of Health requirements for swimming pools;
2. Pools constructed,
renovated, or remodeled after April 1, 1986, shall have a statement in writing
of their inspection and approval from the local building official when such
approval is required;
3. Outdoor swimming pools shall
be enclosed by safety fences and gates which are in compliance with the
applicable edition of the Virginia USBC (13VAC5-62) and shall be kept locked
when the pool is not in use;
4. Entrances to indoor swimming
pools shall be locked when the pool is not in use; and
5. A whistle or other audible
signaling device, a buoy or a lemon line, a reach pole, and a backboard shall
be available at the swimming or wading site.
B. If children are allowed to
swim in a lake or other place other than a pool, safe swimming areas shall be
clearly marked and there shall be appropriate water safety equipment.
C. Piers, floats, and
platforms shall be in good repair and where used for diving, the minimum water
depth shall be stated on the deck or planking.
D. If portable wading pools without
integral filter systems are used, they shall be emptied after the use of each
group of children, rinsed, and filled with clean water, or more frequently as
necessary.
E. Children who are not toilet
trained may not use portable wading pools.
F. After each day's use,
portable wading pools shall be emptied, sanitized, and stored in a position to
keep them clean and dry.
22VAC15-30-560. 22VAC40-185-480. Swimming and wading; general.
A. The center shall have
emergency procedures and written safety rules for swimming or wading or follow
the posted rules of public pools that are:
1. Posted in the swimming area
when the pool is located on the premises of the center; and
2. Explained to children
participating in swimming or wading activities.
B. The center shall maintain (i) written permission from the parent of each child who
participates in swimming or wading and (ii) a statement from the parent
advising of a child's swimming skills before the child is allowed in water
above the child's shoulder height.
C. Staff shall have a system
for accounting for all children in the water.
D. Outdoor swimming activities
shall occur only during daylight hours unless underwater and deck lighting is
provided.
Part VII
Special Care Provisions and Emergencies
22VAC15-30-570. 22VAC40-185-490. Preventing the spread of
disease.
A. A child shall not be
allowed to attend the center for the day if he has:
1. A temperature over 101°F;
2. Recurrent vomiting or
diarrhea; or
3. A communicable disease.
B. If a child needs to be
excluded according to subsection A of this section, the following shall apply:
1. Arrangements shall be made
for the child to leave the center as soon as possible after the signs or
symptoms are noticed; and
2. The child shall remain in
the designated quiet area until leaving the center.
C. When children at the center
have been exposed to a communicable disease listed in the Department of
Health's current communicable disease chart, the parents shall be notified
within 24 hours or the next business day of the center's having been informed
unless forbidden by law, except for life threatening diseases, which must be
reported to parents immediately.
D. The center shall consult
the local department of health if there is a question about the communicability
of a disease.
E. When any surface has been
contaminated with body fluids, it shall be cleaned and sanitized.
22VAC15-30-575. 22VAC40-185-500. Hand washing and toileting
procedures.
A. Hand washing.
1. Children's hands shall be
washed with soap and running water or disposable wipes before and after eating
meals or snacks.
2. Children's hands shall be
washed with soap and running water after toileting and any contact with blood,
feces or urine.
3. Staff shall wash their hands
with soap and running water before and after helping a child use the toilet or
a diaper change, after the staff member uses the toilet, after any contact with
body fluids, and before feeding or helping children with feeding.
4. Exception: If running water
is not available, a germicidal cleansing agent administered per manufacturer's
instruction may be used.
B. Diapering; soiled clothing.
1. The diapering area shall be
accessible and within the building used by children.
2. There shall be sight and
sound supervision for all children when a child is being diapered.
3. The diapering area shall be
provided with the following:
a. A sink with running warm
water not to exceed 120°F;
b. Soap, disposable towels and
single use gloves such as surgical or examination gloves;
c. A nonabsorbent surface for
diapering or changing shall be used. For children younger than three years,
this surface shall be a changing table or countertop designated for changing;
d. The appropriate disposal
container as required by subdivision 5 of this subsection; and
e. A leakproof
covered receptacle for soiled linens.
4. When a child's clothing or
diaper becomes wet or soiled, the child shall be cleaned and changed
immediately.
5. Disposable diapers shall be
used unless the child's skin reacts adversely to disposable diapers.
6. Disposable diapers shall be
disposed in a leakproof or plastic-lined storage
system that is either foot-operated or used in such a way that neither the staff
member's hand nor the soiled diaper touches an exterior surface of the storage
system during disposal.
7. When cloth diapers are used,
a separate leakproof storage system as specified in
this subdivision shall be used.
8. The diapering surface shall
be used only for diapering or cleaning children, and it shall be cleaned with
soap and at least room temperature water and sanitized after each use. Tables
used for children's activities or meals shall not be used for changing diapers.
Exception: Individual
disposable barriers may be used between each diaper change. If the changing
surface becomes soiled, the surface shall be cleaned and sanitized before
another child is diapered.
9. Staff shall ensure the
immediate safety of a child during diapering.
C. Toilet training. For every
10 children in the process of being toilet trained, there shall be at least one
toilet chair or one child-sized toilet, or at least one adult sized toilet with
a platform or steps and adapter seat.
1. The location of these items
shall allow for sight and sound supervision of children in the classroom if
necessary for the required staff-to-children ratios to be maintained.
2. Toilet chairs shall be
emptied promptly and cleaned and sanitized after each use.
22VAC15-30-580. 22VAC40-185-510. Medication.
A. Prescription and
nonprescription medication shall be given to a child:
1. According to the center's
written medication policies; and
2. Only with written
authorization from the parent.
B. Nonprescription medication
shall be administered by a staff member or independent contractor who meets the
requirements in 22VAC15-30-310 D 1 or 22VAC15-30-310 D 3 22VAC40-185-240
D 1 or 3.
C. The center's procedures for
administering medication shall:
1. Include any general
restrictions of the center.
2. For nonprescription
medication, be consistent with the manufacturer's instructions for age,
duration and dosage.
3. Include duration of the
parent's authorization for medication, provided that it shall expire or be
renewed after 10 work days. Long-term prescription drug use and
over-the-counter medication may be allowed with written authorization from the
child's physician and parent.
4. Include methods to prevent
use of outdated medication.
D. The medication
authorization shall be available to staff during the entire time it is
effective.
E. Medication shall be labeled
with the child's name, the name of the medication, the dosage amount, and the
time or times to be given.
F. Nonprescription medication
shall be in the original container with the direction label attached.
G. The center may administer
prescription medication that would normally be administered by a parent or
guardian to a child provided:
1. The medication is
administered by a staff member or an independent contractor who meets the requirements
in 22VAC15-30-310 D 1 22VAC40-185-240 D 1;
2. The center has obtained
written authorization from a parent or guardian;
3. The center administers only
those drugs that were dispensed from a pharmacy and maintained in the original,
labeled container; and
4. The center administers drugs
only to the child identified on the prescription label in accordance with the
prescriber's instructions pertaining to dosage, frequency, and manner of
administration.
H. When needed, medication
shall be refrigerated.
I. When medication is stored
in a refrigerator used for food, the medications shall be stored together in a
container or in a clearly defined area away from food.
J. Medication, except for
those prescriptions designated otherwise by written physician's order,
including refrigerated medication and staff's personal medication, shall be
kept in a locked place using a safe locking method that prevents access by
children.
K. If a key is used, the key
shall not be accessible to the children.
L. Centers shall keep a record
of medication given children, which shall include the following:
1. Child to whom medication was
administered;
2. Amount and type of
medication administered to the child;
3. The day and time the
medication was administered to the child;
4. Staff member administering
the medication;
5. Any adverse reactions; and
6. Any medication error.
M. Staff shall inform parents
immediately of any adverse reactions to medication administered and any
medication error.
N. When an authorization for
medication expires, the parent shall be notified that the medication needs to
be picked up within 14 days or the parent must renew the authorization.
Medications that are not picked up by the parent within 14 days will be
disposed of by the center by either dissolving the medication down the sink or
flushing it down the toilet.
22VAC15-30-585. 22VAC40-185-520. Over-the-counter skin
products.
A. All nonprescription drugs
and over-the-counter skin products shall be used in accordance with the
manufacturer's recommendations. Nonprescription drugs and over-the-counter skin
products shall not be kept or used beyond the expiration date of the product.
B. If sunscreen is used, the
following requirements shall be met:
1. Written parent authorization
noting any known adverse reactions shall be obtained;
2. Sunscreen shall be in the
original container and labeled with the child's name;
3. Sunscreen does not need to
be kept locked but shall be inaccessible to children under five years of age or
those children in a therapeutic child day program or special needs child day
program;
4. Any center-kept sunscreen
shall be hypo-allergenic and have a minimum SPF of 15;
5. Staff members without
medication administration training may apply sunscreen, unless it is
prescription sunscreen, in which case the storing and application of sunscreen
must meet medication-related requirements; and
6. Children nine years of age
and older may administer their own sunscreen if supervised.
C. If diaper ointment or cream
is used, the following requirements shall be met:
1. Written parent authorization
noting any known adverse reactions shall be obtained;
2. These products shall be in
the original container and labeled with the child's name;
3. These products do not need
to be kept locked but shall be inaccessible to children;
4. A record shall be kept that
includes the child's name, date of use, frequency of application and any
adverse reactions; and
5. Staff members without
medication administration training may apply diaper ointment, unless it is
prescription diaper ointment, in which case the storing and application of
diaper ointment must meet medication-related requirements.
D. If insect repellent is
used, the following requirements shall be met:
1. Written parent authorization
noting any known adverse reactions shall be obtained;
2. Insect repellent shall be in
the original container and labeled with the child's name;
3. Insect repellent does not
need to be kept locked but shall be inaccessible to children;
4. A record shall be kept that
includes the child's name, date of use, frequency of application and any
adverse reactions;
5. Manufacturer's instructions
for age, duration and dosage shall be followed; and
6. Staff members without
medication administration training may apply insect repellent, unless it is
prescription insect repellent, in which case the storing and application of
insect repellent must meet medication-related requirements.
22VAC15-30-590. 22VAC40-185-530. First aid training,
cardiopulmonary resuscitation (CPR) and rescue breathing.
A. There shall be at least one
staff member trained in first aid, cardiopulmonary resuscitation, and rescue
breathing as appropriate to the age of the children in care who is on the
premises during the center's hours of operation and also one person on field
trips and wherever children are in care.
1. This person shall be
available to children; and
2. This person shall have
current certification by the American Red Cross, American Heart Association,
National Safety Council, or other designated program approved by the Department
of Social Services.
B. Primitive camps shall have
a staff member on the premises during the hours of operation who has at least
current certification in first responder training.
22VAC15-30-600. 22VAC40-185-540. First aid and emergency
supplies.
A. A first aid kit shall be:
1. On each floor of each
building used by children;
2. Accessible to outdoor play
areas;
3. On field trips; and
4. Wherever children are in
care.
B. Each first aid kit shall be
easily accessible to staff but not to children.
C. The required first aid kits
shall include at a minimum:
1. Scissors;
2. Tweezers;
3. Gauze pads;
4. Adhesive tape;
5. Band-aids,
assorted types;
6. An antiseptic cleansing
solution /pads;
7. Thermometer;
8. Triangular bandages;
9. Single use gloves such as
surgical or examination gloves; and
10. The first aid instructional
manual.
D. The following emergency
supplies shall be required at the center and be available on field trips:
1. Activated charcoal
preparation (to be used only on the direction of a physician or the center's
local poison control center); and
2. An ice pack or cooling
agent.
E. The following nonmedical
emergency supplies shall be required:
1. One working,
battery-operated flashlight on each floor of each building that is used by
children; and
2. One working,
battery-operated radio in each building used by children and any camp location
without a building.
22VAC15-30-610. 22VAC40-185-550. Procedures for emergencies.
A. The center shall have an
emergency preparedness plan that addresses staff responsibility and facility
readiness with respect to emergency evacuation and shelter-in-place. The plan,
which shall be developed in consultation with local or state authorities,
addresses the most likely to occur emergency scenario or scenarios, including
but not limited to natural disaster, chemical spills, intruder, and terrorism
specific to the locality.
B. The emergency preparedness
plan shall contain procedural components for:
1. Sounding of alarms
(intruder, shelter-in-place such as for tornado, or chemical hazard);
2. Emergency communication to
include:
a. Establishment of center
emergency officer and back-up officer to include 24-hour contact telephone
number for each;
b. Notification of local
authorities (fire and rescue, law enforcement, emergency medical services,
poison control, health department, etc.), parents, and local media; and
c. Availability and primary use
of communication tools;
3. Evacuation to include:
a. Assembly points, head
counts, primary and secondary means of egress, and complete evacuation of the
buildings;
b. Securing of essential
documents (sign-in record, parent contact information, etc.) and special
healthcare supplies to be carried off-site on immediate notice; and
c. Method of communication
after the evacuation;
4. Shelter-in-place to include:
a. Scenario applicability,
inside assembly points, head counts, primary and secondary means of access and
egress;
b. Securing essential documents
(sign-in records, parent contact information, etc.) and special health supplies
to be carried into the designated assembly points; and
c. Method of communication
after the shelter-in-place;
5. Facility containment
procedures, (e.g., closing of fire doors or other barriers) and shelter-in-place
scenario (e.g., intruders, tornado, or chemical spills);
6. Staff training requirement,
drill frequency, and plan review and update; and
7. Other special procedures
developed with local authorities.
C. Emergency evacuation and
shelter-in-place procedures/maps shall be posted in a location conspicuous to
staff and children on each floor of each building.
D. The center shall implement
a monthly practice evacuation drill and a minimum of two shelter-in-place
practice drills per year for the most likely to occur scenarios.
E. The center shall maintain a
record of the dates of the practice drills for one year. For centers offering
multiple shifts, the simulated drills shall be divided evenly among the various
shifts.
F. A 911 or local dial number
for police, fire and emergency medical services and the number of the regional
poison control center shall be posted in a visible place at each telephone.
G. Each camp location shall
have an emergency preparedness plan and warning system.
H. The center shall prepare a
document containing local emergency contact information, potential shelters,
hospitals, evacuation routes, etc., that pertain to each site frequently
visited or of routes frequently driven by center staff for center business
(such as field trips, pick-up/drop off of children to or from schools, etc.).
This document must be kept in vehicles that centers use to transport children
to and from the center.
I. Parents shall be informed
of the center's emergency preparedness plan.
J. Based on local authorities
and documented normal ambulance operation, if an ambulance service is not
readily accessible within 10 to 15 minutes, other transportation shall be
available for use in case of emergency.
K. The center or other
appropriate official shall notify the parent immediately if a child is lost,
requires emergency medical treatment or sustains a serious injury.
L. The center shall notify the
parent by the end of the day of any known minor injuries.
M. The center shall maintain a
written record of children's serious and minor injuries in which entries are
made the day of occurrence. The record shall include the following:
1. Date and time of injury;
2. Name of injured child;
3. Type and circumstance of the
injury;
4. Staff present and treatment;
5. Date and time when parents
were notified;
6. Any future action to prevent
recurrence of the injury;
7. Staff and parent signatures
or two staff signatures; and
8. Documentation on how parent
was notified.
Part VIII
Special Services
22VAC15-30-620. 22VAC40-185-560. Nutrition and food services.
A. Centers shall schedule
appropriate times for snacks or meals, or both, based on the hours of operation
and time of the day (e.g., a center open only for after school care shall
schedule an afternoon snack; a center open from 7 a.m. to 1 p.m. shall schedule
a morning snack and midday meal).
B. The center shall ensure
that children arriving from a half-day, morning program who have not yet eaten
lunch receive a lunch.
C. The center shall schedule
snacks or meals so there is a period of at least 1-1/2 hours but no more than
three hours between each meal or snack unless there is a scheduled rest or
sleep period for children between the meals and snacks.
D. Drinking water or other
beverage not containing caffeine shall be offered at regular intervals to
nonverbal children.
E. In environments of 80°F or
above, attention shall be given to the fluid needs of children at regular
intervals. Children in such environments shall be encouraged to drink fluids as
outlined in subsection D of this section.
F. When centers choose to provide
meals or snacks, the following shall apply:
1. Centers shall follow the
most recent, age-appropriate nutritional requirements of a recognized authority
such as the Child and Adult Care Food Program of the United States Department
of Agriculture (USDA).
2. Children shall be allowed
second helpings of food listed in the USDA's child and adult care meal
patterns.
3. Centers offering both meals
and snacks shall serve a variety of nutritious foods and shall serve at least
three sources of vitamin A and at least three sources of vitamin C on various
days each week.
4. Children three years of age
or younger may not be offered foods that are considered to be potential choking
hazards.
5. A menu listing foods to be
served for meals and snacks during the current one-week period shall:
a. Be dated;
b. Be posted in a location
conspicuous to parents or given to parents;
c. List any substituted food;
and
d. Be kept on file for one week
at the center.
6. Powdered milk shall not be
used except for cooking.
G. When food is brought from
home, the following shall apply:
1. The food container shall be
sealed and clearly dated and labeled in a way that identifies the owner;
2. The center shall have extra
food or shall have provisions to obtain food to serve to children so they can
have an appropriate snack or meal if they forget to bring food from home, bring
an inadequate meal or snack, or bring perishable food; and
3. Unused portions of opened
food shall be discarded by the end of the day or returned to the parent.
H. If a catering service is
used, it shall be approved by the local health department.
I. Food shall be prepared,
stored, and transported in a clean and sanitary manner.
J. Contaminated or spoiled
food shall not be served to children.
K. Tables and high chair trays
shall be:
1. Sanitized before and after
each use for feeding; and
2. Cleaned at least daily.
L. Children shall be
encouraged to feed themselves.
M. Staff shall sit with
children during meal times.
N. No child shall be allowed
to drink or eat while walking around.
22VAC15-30-630. 22VAC40-185-570. Special feeding needs.
A. High chairs, infant carrier
seats, or feeding tables shall be used for children under 12 months who are not
held while being fed.
1. Children using infant seats
or high chairs shall be supervised during snacks and meals.
2. When a child is placed in an
infant seat or high chair, the protective belt shall be fastened securely.
B. Bottle fed infants who
cannot hold their own bottles shall be held when fed. Bottles shall not be
propped or used while the child is in his designated sleeping location.
C. The record of each child on
formula shall contain:
1. The brand of formula; and
2. The child's feeding
schedule.
D. Infants shall be fed on
demand or in accordance with parental instructions.
E. Prepared infant formula
shall be refrigerated, dated and labeled with the child's name.
F. Heated formula and baby
food shall be stirred or shaken and tested for temperature before serving to
children.
G. Milk, formula or breast
milk shall not be heated or warmed directly in a microwave. Note: Water for
warming milk, formula, or breast milk may be heated in a microwave.
H. Prepared baby food not
consumed during that feeding by an infant may be used by that same infant later
in the same day, provided that the food is not served out of the baby jar and
is dated and stored in the refrigerator; otherwise, it shall be discarded or
returned to the parent at the end of the day. Formula or breast milk shall not
remain unrefrigerated for more than two hours and may not be reheated.
I. A one-day's emergency
supply of disposable bottles, nipples, and commercial formulas appropriate for
the children in care shall be maintained at the center.
J. Breastfeeding shall be
permitted.
K. Staff shall feed semisolid
food with a spoon unless written instructions from a physician or physician's
designee state differently.
L. For therapeutic child day
programs and special needs child day programs, the consistency of food shall be
appropriate to a child's special feeding needs. Necessary and adaptive feeding
equipment and feeding techniques shall be used for children with special
feeding needs.
22VAC15-30-640. 22VAC40-185-580. Transportation and field
trips.
A. If the center provides
transportation, the center shall be responsible from the time the child boards
the vehicle until returned to the parents or person designated by the parent.
B. Any vehicle used by the
center for the transportation of children shall meet the following
requirements:
1. The vehicle shall be
manufactured for the purpose of transporting people seated in an enclosed area;
2. The vehicle's seats shall be
attached to the floor;
3. The vehicle shall be insured
with at least the minimum limits established by Virginia state statutes;
4. The vehicle shall meet the
safety standards set by the Department of Motor Vehicles and shall be kept in
satisfactory condition to assure the safety of children; and
5. If volunteers supply
personal vehicles, the center is responsible for ensuring that the requirements
of this subsection are met.
C. The center shall ensure
that during transportation of children:
1. Virginia state statutes
about safety belts and child restraints are followed and stated maximum number
of passengers in a given vehicle shall not be exceeded;
2. The children remain seated
and each child's arms, legs, and head remain inside the vehicle;
3. Doors are closed properly
and locked unless locks were not installed by the manufacturer of the vehicle;
4. At least one staff member or
the driver always remains in the vehicle when children are present;
5. The following information is
in transportation vehicles:
a. Emergency numbers as
specified in 22VAC15-30-610 F and H 22VAC40-185-550 F and H;
b. The center's name, address,
and phone number; and
c. A list of the names of the
children being transported.
D. When entering and leaving
vehicles, children shall enter and leave the vehicle from the curb side of the
vehicle or in a protected parking area or driveway.
E. Children shall cross
streets at corners or crosswalks or other designated safe crossing point if no
corner or crosswalk is available.
F. The staff-to-children
ratios of 22VAC15-30-440 E, G and H 22VAC40-185-350 E, G, and H
shall be followed on all field trips. The staff-to-children ratios need not be
followed during transportation of school age children to and from the center.
One staff member or adult is necessary in addition to the driver when 16 or
more preschool or younger children are being transported in the vehicle.
G. The center shall make
provisions for providing children on field trips with adequate food and water.
H. If perishable food is taken
on field trips, the food shall be stored in insulated containers with ice packs
to keep the food cold.
I. Before leaving on a field
trip, a schedule of the trip's events and locations shall be posted and visible
at the center site.
J. There shall be a
communication plan between center staff and staff who are transporting children
or on a field trip.
K. Staff shall verify that all
children have been removed from the vehicle at the conclusion of any trip.
L. Parental permission for
transportation and field trips shall be secured before the scheduled activity.
M. If a blanket permission is
used instead of a separate written permission, the following shall apply:
1. Parents shall be notified of
the field trip; and
2. Parents shall be given the
opportunity to withdraw their children from the field trip.
22VAC15-30-650. 22VAC40-185-590. Transportation for nonambulatory children.
A. For therapeutic child day
programs and special needs child day programs providing transportation, nonambulatory children shall be transported in a vehicle
which is equipped with a ramp or hydraulic lift to allow entry and exit.
B. Wheelchairs shall be
equipped with restraining devices and shall be securely fastened to the floor
when used to seat children in a vehicle.
C. Arrangements of wheelchairs
in a vehicle shall not impede access to exits.
D. For therapeutic child day
programs and special needs child day programs, when the center is responsible
for providing transportation, the center shall develop a plan based on the
needs of the children in care to assure their safe supervision during on-loading,
off-loading and transporting.
E. When 16 or more children
are being transported, there shall be at least one center aide or adult besides
the driver, for each group of 16.
F. For therapeutic child day
programs and special needs child day programs, if a child has a known seizure
disorder or neurological, genetic or physiological disability causing increased
medical risk and that child is being transported, one center aide or adult who
is not the driver and who is trained in CPR shall be present in the vehicle.
22VAC15-30-660. 22VAC40-185-600. Animals and pets.
A. Animals that are kept on
the premises of the center shall be vaccinated, if applicable, against diseases
which present a hazard to the health or safety of children.
B. Animals which are, or are
suspected of being, ill or infested with external lice, fleas and ticks or
internal worms shall be removed from contact with children.
C. If a child is bitten by an
animal, an attempt shall be made to confine the animal for observation or
laboratory analysis for evidence of rabies.
D. The site of the bite shall
be washed with soap and water immediately, and the child's physician or local
health department shall be contacted as soon as possible for medical advice.
E. The center shall report the
animal bite incident to the local health department.
F. Manure shall be removed
from barns, stables and corrals at least once a day and stored and disposed of
in a manner to prevent the breeding of flies.
22VAC15-30-670. 22VAC40-185-610. Evening and overnight care.
A. For evening care, beds with
mattresses or cots with at least one inch of dense padding shall be used by
children who sleep longer than two hours and are not required to sleep in
cribs.
Exception: Camps providing
evening care on an occasional basis are not required to meet the requirements
of this subsection if sleeping bags or cots are used.
B. For overnight care, beds
with mattresses or cots with at least two inches of dense padding shall be used
by children who are not required to sleep in cribs.
Exception: Camps providing
overnight care on an occasional basis are not required to meet the requirements
of this subsection if sleeping bags or cots are used.
C. For overnight care which
occurs for a child on a weekly or more frequent basis, beds with mattresses
shall be used.
D. In addition to 22VAC15-30-520
22VAC40-185-450 about linens, bedding appropriate to the
temperature and other conditions of the rest area shall be provided.
E. For evening and overnight
care, separate sleeping areas shall be provided for children of the opposite
sex eight years of age or older.
F. If sleeping bags are used, 22VAC15-30-510
A through E 22VAC40-185-440 A through E about rest furnishings shall
also apply to the use of sleeping bags.
G. Camps may use bunk beds if
children are at least eight years of age.
H. In centers providing
overnight care, an operational tub or shower with heated and cold water shall
be provided.
Exception: Primitive camps are
not required to have a tub or shower.
I. When bath towels are used,
they shall be assigned for individual use.
J. Activities for children in
evening or overnight care shall include, as time allows, age-appropriate
activities as described in 22VAC15-30-451 22VAC40-185-360 through
22VAC15-30-481 22VAC40-185-390.
K. Quiet activities shall be
available immediately before bedtime.
L. For children receiving
evening or overnight care, the provider shall offer an evening snack.
NOTICE: The following forms
used in administering the regulation were filed by the agency. The forms are
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name to access a form. The forms are
also available from the agency contact or may be viewed at the Office of the
Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
Virginia 23219.
FORMS (22VAC15-30) (22VAC40-185)
Initial Application for a
License to Operate a Child Day Center, 032-05-512/12 (rev. 06/05).
Renewal Application for a License
to Operate a Child Day Center, 032-05-225/11 (rev. 06/05).
DOCUMENTS INCORPORATED BY
REFERENCE (22VAC15-30) (22VAC40-185)
F406-02 ASTM Standard Consumer
Safety Specification for Non-Full-Size Baby Cribs/Play Yards, October 2003.
F1292-99 ASTM Standard
Specification for Impact Attenuation of Surface Systems Under and Around
Playground Equipment, August 10, 1999.
"Selecting Playground
Surface Materials: Guidelines for Selecting the Best Surface Material for Your
Playground," National Program for Playground Safety, University of
Northern Iowa, February 2004.
Air Quality Color Code Chart,
Virginia Department of Environmental Quality, April 2004.
VA.R. Doc. No. R13-3283; Filed August 20, 2012, 10:04 a.m.
EXECUTIVE ORDER NUMBER 50 (2012)
Promulgation
of the 2012 Commonwealth of Virginia Emergency Operations Plan
Importance of the Issue
By virtue of the authority
vested in me by § 44-146.17 of the Code of Virginia as Governor and as
Director of Emergency Management, I hereby promulgate and issue the
Commonwealth of Virginia Emergency Operations Plan ("the Plan") dated
August 2012, thereby superseding all previous versions of the Plan. The Plan
provides a solid foundation for emergency planning and preparedness,
establishes the organizational framework and operational concepts and
procedures designed to minimize the loss of life and property, and expedites
the restoration of essential services following an emergency or disaster.
The Plan is consistent with the
Commonwealth of Virginia Emergency Services and Disaster Law of 2000 (Chapter
3.2, Title 44 of the Code of Virginia, as amended), the National Response
Framework adopted January 2008, and the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Public Law 93-288, as amended) with its implementing
regulations.
The State Coordinator of
Emergency Management, on behalf of the Governor, is hereby authorized to
activate the Plan, as well as the Commonwealth of Virginia Emergency Operations
Center ("Virginia EOC"), in order to direct and coordinate state
government emergency operations.
Furthermore, the State
Coordinator of Emergency Management is hereby authorized, in coordination with
the Office of the Governor, to amend the Plan as necessary in order to achieve
Preparedness Goals and Initiatives of the Nation and this Commonwealth and in
accordance with the Commonwealth of Virginia Emergency Services and Disaster
Law of 2000 (Chapter 3.2, Title 44 of the Code of Virginia, as amended).
Recognizing that the Plan
adopted herein is in effect and supersedes previous versions of the Plan,
Executive Order 41 (2011) is hereby amended to delete the section entitled,
"Commonwealth of Virginia Emergency Operations Plan."
This Executive Order shall be
effective upon its signing and shall remain in full force and effect until
amended or rescinded by further executive order.
Given under my hand and under
the Seal of the Commonwealth of Virginia this 20th day of August 2012.
/s/ Robert F. McDonnell
Governor
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Agricultural
Stewardship Act 2011 Annual Report
The Commissioner of Agriculture
and Consumer Services announces the availability of the annual report of the
Agricultural Stewardship Act entitled "Virginia
Agricultural Stewardship Act Annual Report, April 1, 2011 - March 31, 2012: A
Positive Approach." Copies of
this report can be obtained by contacting Joyce Knight at telephone (804)
786-3538 or email at joyce.knight@vdacs.virginia.gov. The report can also be
obtained by accessing our website at: http://www.vdacs.virginia.gov/stewardship/index.shtml.
A written request may be sent to Virginia Department of Agriculture and
Consumer Services, Office of Policy, Planning and Research, P. O. Box
1163, 102 Governor Street, Suite 219, Richmond, VA 23218. Copies of the
report are available without charge.
CRIMINAL
JUSTICE SERVICES BOARD
Notice
of Periodic Review
Pursuant to Executive Order 14
(2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the
Department of Criminal Justice Services is conducting a periodic review of 6VAC20-120, Regulations Relating to
Criminal History Record Information Use and Security.
The review of this regulation
will be guided by the principles in Executive Order 14 (2010) and
§ 2.2-4007.1 of the Code of Virginia.
The purpose of this review is 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 or for the economical performance of
important governmental functions; (ii) minimizes the economic impact on small
businesses in a manner consistent with the stated objectives of applicable law;
and (iii) is clearly written and easily understandable.
The comment period begins
September 10, 2012, and ends October 1, 2012.
Comments may be submitted online
to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.
Comments may also be sent to Stephanie L. Morton, Law Enforcement Program
Coordinator, Department of Criminal Justice Services, 1100 Bank Street,
Richmond, VA 23219, telephone (804) 786-8003, FAX (804) 786-0410, or email stephanie.morton@dcjs.virginia.gov.
Comments must include the
commenter's name and address (physical or email) information in order to
receive a response to the comment from the agency. Following the close of the
public comment period, a report of the periodic review will be posted on the
Town Hall and published in the Virginia Register of Regulations.
DEPARTMENT
OF ENVIRONMENTAL QUALITY
AND
DEPARTMENT OF CONSERVATION AND RECREATION
Total
Maximum Daily Loads for Lower Banister River
The Department of Environmental
Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek
written and oral comments from interested persons on the development of an
implementation plan (IP) for bacteria total maximum daily loads (TMDLs) on a 13.18
mile segment of the Lower Banister River from Elkhorn Creek to Banister Lake,
the entire 9.66 miles of Polecat Creek, and 11.78 miles of Sandy Creek from
Johns Run to its mouth. These portions of the Banister River watershed are
located in Halifax County, including the Town of Halifax. The TMDL study for
these stream impairments was completed in November 2007 and can be found in the
Bacteria TMDLs for Banister River, Bearskin Creek, Cherrystone Creek, Polecat
Creek, Stinking River, Sandy Creek, and Whitethorn Creek Watersheds study
report on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/roankrvr/banister.pdf.
Section 62.1-44.19:7 C of the
Code of Virginia requires the development of an IP for approved TMDLs. The IP
should provide measurable goals and the date of expected achievement of water
quality objectives. The IP should also include the corrective actions needed
and their associated costs, benefits, and environmental impacts.
The final public meeting to
discuss the development of the IP for the bacteria TMDLs will be held on
Thursday, September 20, 2012, at 7 p.m. at the Mary M. Bethune Complex,
201 Cowford Road, Halifax, VA 24558. At this meeting, a draft of the
implementation plan will be discussed and citizens will be able to offer input
on and ask questions about the plan.
The 30-day public comment period
on the information presented at the meeting will end on October 22, 2012. A
fact sheet on the development of the IP is available upon request. Questions or
information requests should be addressed to Heather Vereb, Department of
Conservation and Recreation. Written comments and inquiries should include the
name, address, and telephone number of the person submitting the comments and
should be sent to Heather Vereb, Department of Conservation and Recreation,
8 Radford Street, Suite 102-A, Christiansburg, VA 24073, email
heather.vereb@dcr.virginia.gov, telephone (540) 394-2586.
Total
Maximum Daily Load for Moores Creek, Lodge Creek, Schenks
Branch, and Meadow Creek
The Department of Environmental
Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek
written and oral comments from interested persons on the development of total
maximum daily loads (TMDLs) and implementation plans (IPs) for Moores Creek, Lodge Creek, Schenks
Branch, and Meadow Creek in the City of Charlottesville and Albemarle County.
These streams were listed on the 2006 and 2008 § 303(d) TMDL Priority List
and Report as impaired due to violations of the state's general water quality
standard (benthic) for aquatic life. The benthic impairment on Schenks Branch
extends 1.138 miles from the headwaters of its tributaries to the Meadow Creek
confluence. Meadow Creek is benthically impaired from where it becomes a
perennial stream to its confluence with the Rivanna River (4 miles). The
benthic impairment on Moores Creek extends 6.377 miles from its confluence with
the Ragged Mountain Dam receiving stream downstream to its confluence with the
Rivanna River. The Moores Creek watershed includes the tributary locally known
as Lodge Creek, which is benthically impaired for 1.57 miles from its
headwaters to the confluence with Moores Creek. All four of these impairments
were determined to be caused by excess sedimentation.
Section 303(d) of the Clean
Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to
develop TMDLs for pollutants responsible for each impaired water contained in
Virginia's § 303(d) TMDL Priority List and Report. In addition,
§ 62.1-44.19:7.C of the Code of Virginia requires the development of an IP
for approved TMDLs. The IP should provide measurable goals and the date of
expected achievement of water quality objectives. The IP should also include the
corrective actions needed and their associated costs, benefits, and
environmental impacts.
The third public meeting on the
development of these TMDLs and IPs will be held on Thursday, September 20, 2012, 6 p.m. at the Downtown County
Office Building (Board Room 241) located at 401 McIntire Road, Charlottesville,
VA 29902. The TMDL document will be available on the DEQ website the day of the
meeting for public comment and review: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx.
The public comment period for
the third public meeting will end on October 22, 2012. Written comments should
include the name, address, and telephone number of the person submitting the
comments and should be sent to Tara Sieber, Department of Environmental
Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone
(540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.
STATE
LOTTERY DEPARTMENT
Director's
Orders
The following Director's Orders
of the State Lottery Department were filed with the Virginia Registrar of
Regulations on August 16, 2012.
Director's Order Number
Seventy-Five (12)
Certain Virginia Instant Game
Lotteries; End of Games.
In accordance with the authority
granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I
hereby give notice that the following Virginia Lottery instant games will
officially end at midnight on August 3, 2012.
Game 1096 |
Tax Free $100,000 |
Game 1167 |
IGT Slots |
Game 1185 |
World Poker Tour |
Game 1187 |
$250 Grand |
Game 1230 |
Casino Riches |
Game 1234 |
Smokin' Hot Cash II |
Game 1237 |
Double Your Luck |
Game 1239 |
Fast $50's |
Game 1240 |
Blackjack |
Game 1251 |
Money Money Money (TOP) |
Game 1258 |
Solid Gold |
Game 1263 |
Nascar |
Game 1264 |
Diamond Dollars |
Game 1270 |
Triple Tripler |
Game 1286 |
Ol' Man Winner |
Game 1287 |
Cat Scratch Fever |
Game 1289 |
Crossword (TOP) |
Game 1297 |
Lucky Dog Doubler |
Game 1316 |
24K (TOP) |
Game 1329 |
Vacation Tripler |
The last day for lottery
retailers to return for credit unsold tickets from any of these games will be
September 7, 2012. The last day to redeem winning tickets for any of these
games will be Wednesday, January 30, 2013, 180 days from the declared official
end of the game. Claims for winning tickets from any of these games will not be
accepted after that date. Claims that are mailed and received in an envelope
bearing a postmark of the United States Postal Service or another sovereign
nation of January 30, 2013, or earlier, will be deemed to have been received on
time. This notice amplifies and conforms to the duly adopted State Lottery
Board regulations for the conduct of lottery games.
This order is available for
inspection and copying during normal business hours at the Virginia Lottery
headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia
Lottery regional office. A copy may be requested by mail by writing to
Director's Office, Virginia Lottery, 900 East Main Street, Richmond,
Virginia 23219.
This Director's Order is
effective nunc pro tunc to August 3, 2012, and shall remain in full force and
effect unless amended or rescinded by further Director's Order.
/s/ Paula I. Otto
Executive Director
August 7, 2012
* * * *
* *
Director's Order Number
Eighty-Five (12)
Certain Virginia Instant Game
Lotteries; End of Games.
In accordance with the authority
granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I
hereby give notice that the following Virginia Lottery instant games will
officially end at midnight on April 20, 2012.
Game 1054 |
Take the Money and Run |
Game 1183 |
Deluxe Winner Take All (TOP) |
Game 1214 |
Cold Hard Cash (TOP) |
Game 1245 |
Truckin' for Cash |
Game 1252 |
Jewel 7's (TOP) |
Game 1255 |
Money Flow (TOP) |
Game 1256 |
Diamond Doubler (TOP) |
Game 1267 |
Crazy 7's |
Game 1278 |
Hail to the Redskins |
Game 1285 |
Straight 9's Tripler |
Game 1288 |
10 times the Money (TOP) |
Game 1299 |
5 times the Money (TOP) |
The last day for lottery
retailers to return for credit unsold tickets from any of these games will be
May 25, 2012. The last day to redeem winning tickets for any of these games
will be October 17, 2012, 180 days from the declared official end of the game. Claims
for winning tickets from any of these games will not be accepted after that
date. Claims that are mailed and received in an envelope bearing a postmark of
the United States Postal Service or another sovereign nation of July 18, 2012,
or earlier, will be deemed to have been received on time. This notice amplifies
and conforms to the duly adopted State Lottery Board regulations for the
conduct of lottery games.
This order is available for
inspection and copying during normal business hours at the Virginia Lottery
headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia
Lottery regional office. A copy may be requested by mail by writing to
Director's Office, Virginia Lottery, 900 East Main Street, Richmond,
Virginia 23219.
This Director's Order is
effective nunc pro tunc to April 20, 2012, and shall remain in full force and
effect unless amended or rescinded by further Director's Order. This Director's
Order supersedes Director's Order Sixty-Six.
/s/ Paula I. Otto
Executive Director
August 14, 2012
* * * *
* *
The following Director's Orders
of the State Lottery Department were filed with the Virginia Registrar of
Regulations on August 16, 2012. The orders may be viewed at the State Lottery
Department, 900 East Main Street, Richmond, VA, or at the office of the
Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.
Director's Order Number
Sixty-Eight (12)
Virginia Lottery's
"Redskins 80th Anniversary" Final Rules for Game Operation (effective
August 7, 2012)
Director's Order Number
Seventy-One (12)
Virginia's Instant Game Lottery
1319; "Diamond Bingo" Final Rules for Game Operation (effective
August 14, 2012)
Director's Order Number
Seventy-Two (12)
Virginia's Instant Game Lottery
1334; "Quick Bucks" Final Rules for Game Operation (effective August
14, 2012)
Director's Order Number
Seventy-Six (12)
Virginia's Instant Game Lottery
1353; "Pinball Payout" Final Rules for Game Operation (effective
August 14, 2012)
Director's Order Number
Seventy-Seven (12)
Virginia's Instant Game Lottery
1371; "RedskinsTM" Final Rules for Game Operation
(effective August 7, 2012)
Director's Order Number
Seventy-Eight (12)
Virginia's Instant Game Lottery
1374; "Millionaire Mania" Final Rules for Game Operation (effective
August 14, 2012)
Director's Order Number
Seventy-Nine (12)
Virginia's Instant Game Lottery
1301; "Sizzling 7's" Final Rules for Game Operation (effective August
14, 2012)
Director's Order Number
Eighty (12)
Virginia's Instant Game Lottery
1375; "Holiday Cheer" Final Rules for Game Operation (effective
August 14, 2012)
Director's
Order Number Eighty-One (12)
Virginia's Instant Game Lottery
1377; "Trim the Tree" Final Rules for Game Operation (effective
August 14, 2012)
Director's Order Number
Eighty-Two (12)
"Redskins Ticket/Hospitality
Tent Giveaway Sales Contest" Virginia Lottery Retailer Incentive
Requirements (effective August 7, 2012)
Director's Order Number
Eighty-Three (12)
"Redskins VIP Bus
Trip" Virginia Lottery Retailer Incentive Requirements (effective August
7, 2012)
Director's Order Number
Eighty-Four (12)
"Hasbro Ticket Dispenser
Program" Virginia Lottery Retailer Incentive Requirements (effective
August 14, 2012)
STATE
WATER CONTROL BOARD
Proposed
Consent Order for Four Winds Club, Inc.
An enforcement action has been
proposed for Four Winds Club, Inc., for violations of the State Water Control
Law and Regulations at the Four Winds Campground Sewage Treatment Plant in
Caroline County. The consent order describes a settlement to resolve violations
of Virginia Pollutant Discharge Elimination System Permit No. VA0060429. A
description of the proposed action is available at the Department of
Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will
accept comments by email at stephanie.bellotti@deq.virginia.gov, FAX (703)
583-3821, or postal mail at Department of Environmental Quality, Northern
Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 11,
2012, through October 11, 2012.
VIRGINIA
CODE COMMISSION
Notice
to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, 910
Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone:
Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires
state agencies to post meeting notices on their websites and on the
Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.
Cumulative Table of Virginia
Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been
amended, added, or repealed in the Virginia Register of Regulations
since the regulations were originally published or last supplemented in the
print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.
Filing Material for
Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS)
to file regulations and related items for publication in the Virginia
Register of Regulations. The Registrar's office works closely with the
Department of Planning and Budget (DPB) to coordinate the system with the
Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one
another by sharing pertinent regulatory information.