Vol. 32 Iss. 25 - August 08, 2016

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Chapter 80
Notice of Objection to Fast-Track Rulemaking Action

REGISTRAR'S NOTICE: Pursuant to § 2.2-4012.1 of the Code of Virginia, the Board of Medicine has filed a notice of objection to the fast-track rulemaking action published in 32:21 VA.R. 2695-2697 June 13, 2016. The board intends to proceed with the normal promulgation process set out in Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of the Administrative Process Act with the initial publication of the fast-track regulation serving as the Notice of Intended Regulatory Action.

Title of Regulation: 18VAC85-80. Regulations Governing the Licensure of Occupational Therapists (amending 18VAC85-80-71).

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.

The Virginia Board of Medicine is hereby filing a notice of objection to the fast-track rulemaking for regulation 18VAC85-80, Regulations Governing the Licensure of Occupational Therapists. The proposed fast-track regulation was published in Volume 32, Issue 21, page 2695-2697 of the Virginia Register of Regulations, dated June 13, 2016. A 45-day comment period was provided and public comment was received through July 13, 2016.

The fast-track regulation was intended to (i) allow occupational therapists and occupational therapy assistants to fulfill licensure continued competency requirements by maintenance of current certification by the National Board of Certification in Occupational Therapy and (ii) clarify that licensees are not required to complete the Continued Competency Activity and Assessment Form to renew licensure biennially.

The board received the requisite 10 or more objections to the amendments; commenters do not believe this action has been adequately discussed by stakeholders. There were questions about the process of audits and the interpretation of competency assessment activities. Finally, the commenters believe there are differences between the National Board for Certification in Occupational Therapy requirements and state requirements for continuing competency.

Due to the objections, the board is terminating the fast-track rulemaking process and intends to promulgate the amendments under the Administrative Process Act, utilizing the fast-track notice as its Notice of Intended Regulatory Action.

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

VA.R. Doc. No. R16-4544; Filed July 13, 2016, 3:00 p.m.
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