Title of Regulation: 18VAC90-30. Regulations Governing the Licensure of Nurse Practitioners (amending 18VAC90-30-90).

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 1, 2015.

Effective Date: July 16, 2015.

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

Basis: Section 54.1-2400 provides the Board of Nursing and the Board of Medicine the authority to promulgate regulations to administer the regulatory system, and § 54.1-2957 provides that the boards shall jointly prescribe the regulations governing the licensure of nurse practitioners and patient care teams.

Purpose: The listing of the American Association of Critical-Care Nurses Certification Corporation (AACN) is justified because AACN is recognized as a national certifying body that offers professional certification by examination. Its certification is already acceptable to the boards in assuring the minimal competency of a nurse practitioner applicant, and therefore, the amendment is consistent with the boards' mission of protecting the health and safety of patients in the Commonwealth.

Rationale for Using Fast-Track Process: The fast-track rulemaking action is appropriate because the boards have already accepted AACN as a "national certifying body" under subsection B of 18VAC90-30-90, which authorizes the boards to accept professional certification from other national certifying bodies that meet certain criteria. The amendment to have AACN specifically included in the listing in subsection A is a formality.

Substance: The amendment adds AACN to the list of the bodies that offer professional certification by examination as a qualification for licensure as a nurse practitioner.

Issues: There are no specific advantages to the public. While AACN certification is already acceptable for licensure, the amendment will be clarifying to potential applicants who may look at the listing in the regulation for information about approved certifying bodies. There are no disadvantages to the public. The only advantage to the agency is clarity for those seeking information about acceptable certifying bodies. There are no disadvantages to the agency or Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. In response to a 2014 petition for rulemaking, the Boards of Nursing and Medicine (Boards) propose to add the American Association of Critical-Care Nurses Certification Corporation (AACN) to the list of approved entities offering professional certification for nurse practitioners.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The Boards have already accepted AACN as a professional certifying body under subsection B of 18VAC90-30-90, which authorizes the Boards to accept professional certification from other national certifying bodies that meet certain criteria. The proposed amendment to the regulation will thus have no impact beyond improving clarity for nurse practitioners and other members of the public. Since there is no cost associated with adding AACN to the list and it provides some modest benefit, it produces a net benefit.

Businesses and Entities Affected. The proposed amendment pertains to the American Association of Critical-Care Nurses Certification Corporation and potentially individuals seeking nurse practitioner professional certification.

Localities Particularly Affected. The proposed amendment does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendment is unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendment is unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendment is unlikely to significantly affect costs for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment is unlikely to produce a significant adverse impact for small businesses.

Real Estate Development Costs. The proposed amendment is unlikely to significantly affect real estate development costs.

Legal Mandate. General: 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 Code of Virginia and Executive Order Number 17 (2014). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed regulatory action 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.

Small Businesses: If the proposed regulatory action will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.

Additionally, pursuant to § 2.2-4007.1, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

Agency Response to the Department of Planning and Budget's economic impact analysis: The Boards of Nursing and Medicine concur with the analysis of the Department of Planning and Budget.

Summary:

The amendment adds the American Association of Critical-Care Nurses Certification Corporation to the list of bodies offering professional certification acceptable for licensure as a nurse practitioner.

18VAC90-30-90. Certifying agencies.

A. The boards shall accept the professional certification by examination of the following:

1. American College of Nurse Midwives Certification Council;

2. American Nurses' Credentialing Center;

3. Council on Certification of Nurse Anesthetists;

4. Pediatric Nursing Certification Board;

5. National Certification Corporation for the Obstetric, Gynecologic and Neonatal Nursing Specialties; and

6. American Academy of Nurse Practitioners; and

7. American Association of Critical-Care Nurses Certification Corporation.

B. The boards may accept professional certification from other certifying agencies on recommendation of the Committee of the Joint Boards of Nursing and Medicine provided the agency meets the definition of a national certifying body set forth in 18VAC90-30-10 and that the professional certification is awarded on the basis of:

1. Completion of an approved educational program as defined in 18VAC90-30-10; and

2. Achievement of a passing score on an examination.