Vol. 25 Iss. 21 - June 22, 2009

Chapter 20
Final Regulation

REGISTRAR'S NOTICE: The Board of Nursing is claiming an exemption from the Administrative Process Act in accordance § 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 Nursing will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 18VAC90-20. Regulations Governing the Practice of Nursing (amending 18VAC90-20-36).

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

Effective Date: July 22, 2009.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4515, FAX (804) 527-4455, or email


The amendments conform the regulation with Chapter 382 of the 2009 Acts of Assembly, which amended § 54.1-3012.1 of the Code of Virginia by specifying the criteria for collection of workforce data by the Board of Nursing and the limitation of the release of such data. Chapter 382 requires that the collection of information on nurses be consistent with provisions of § 54.1-2506.1, which sets out the authorization of the Department of Health Professions to collect data on individuals licensed, certified, or registered by a health regulatory board.

Currently, information obtained through workforce data collection cannot be released in any form or manner that could identify individual nurses. Chapter 382 allows release of information that does identify individuals, for the purpose of determining shortage designations, to certain qualified personnel, if pertinent to research or a study. There must be a written agreement that the identities will not be further divulged.

18VAC90-20-36. Data collection of nursing workforce information.

A. With such funds as are appropriated for the purpose of data collection and consistent with the provisions of § 54.1-2506.1 of the Code of Virginia, the board shall collect workforce information biennially from a representative sample of registered nurses, licensed practical nurses, and certified nurse aides and shall make such information available to the public. Data collected shall be compiled, stored, and released only in the aggregate and shall not provide information which would identify individual responders in compliance with § 54.1-3012.1 of the Code of Virginia.

B. The information to be collected on nurses shall include, but not be limited to: (i) demographic data to include age, sex and ethnicity; (ii) level of education; (iii) employment status; (iv) employment setting or settings such as in a hospital, physician's office, or nursing home; (v) geographic location of employment; (vi) type of nursing position or area of specialty; and (vii) number of hours worked per week in each setting. In addition, the board may determine other data to be collected as necessary.

VA.R. Doc. No. R09-1864; Filed June 3, 2009, 10:03 a.m.