Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Optometry intends to consider amending 18VAC105-20, Regulations Governing the Practice of Optometry. The purpose of the proposed action is to put in place regulatory requirements mandated by the third enactment clause of Chapters 16 and 17 of the 2022 Acts of Assembly, which require the board to promulgate regulations regarding annual reporting by optometrists to the board of certain, specified information. The changes being considered establish a reporting system on the board's website to collect the following information: (i) any disciplinary action taken against a person licensed by the board in another state or in a federal health institution or voluntary surrender of a license in another state while under investigation; (ii) any malpractice judgment against a person licensed by the board; (iii) any settlement of a malpractice claim against a person licensed by the board; and (iv) any evidence that indicates a reasonable belief that a person licensed by the board is or may be professionally incompetent, has or may have engaged in intentional or negligent conduct that causes or is likely to cause injury to a patient, has or may have engaged in unprofessional conduct, or may be mentally or physically unable to engage safely in the practice of optometry.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400 and 54.1-3223 of the Code of Virginia.

Public Comment Deadline: June 7, 2023.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 597-4130, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.