Title of Regulation: 18VAC90-15. Regulations Governing Delegation to an Agency Subordinate (amending 18VAC90-15-30).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: March 6, 2019.

Effective Date: March 22, 2019.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4520, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Nursing to promulgate regulations to administer the regulatory system and to delegate the conduct of informal fact-finding proceedings to a qualified agency subordinate.

Purpose: The regulatory change is consistent with the principle of adopting regulations that are clearly written and easily understandable. The current provision in 18VAC90-15-30 regarding maintenance of a list of qualified agency subordinates is unnecessary and inconsistent with current policy, so the provision may be confusing to persons seeking information about the agency subordinate process. It is necessary to retain other provisions in the section because subdivision 10 of § 54.1-2400 requires that the board adopt regulations to specify the criteria for appointment in order for informal fact-finding proceedings to be conducted in a manner that protects the health and safety of the public.

Rationale for Using Fast-Track Rulemaking Process: The amendment is technical in nature, does not change current procedure, and has no impact on the public, therefore it is not expected to be controversial.

Substance: The amendment eliminates the requirement for the executive director to maintain a list of qualified agency subordinates.

Issues: There are no advantages or disadvantages for the public; the amendment is technical and clarifying. There are no advantages or disadvantages for the agency or the Commonwealth.

Small Business Impact Review Report of Findings: This fast-track regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Nursing (Board) proposes to eliminate the provision that requires the executive director to maintain a list of appropriately qualified persons who may act as an agency subordinate.

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

Estimated Economic Impact. According to the Department of Health Professions (DHP), in the past individuals were contracted to act as agency subordinates to do informal conferences. Back then, the executive director kept a list of who had such a contract and was available to be scheduled. Now part-time DHP employees conduct the informal conferences. Consequently, the list is no longer relevant or maintained in practice. The proposed amendment would produce a net benefit in that there would be increased clarity for readers of the regulation.

Businesses and Entities Affected. The proposed amendment affects readers of the regulation.

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

Projected Impact on Employment. The proposed amendment does not affect employment.

Effects on the Use and Value of Private Property. The proposed amendment does not affect the use and value of private property.

Real Estate Development Costs. The proposed amendment does not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendment does not affect costs for small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendment does not adversely affect small businesses.

Adverse Impacts: 

Businesses. The proposed amendment does not adversely affect businesses.

Localities. The proposed amendment does not adversely affect localities.

Other Entities. The proposed amendment does not adversely affect other entities.

Agency's Response to Economic Impact Analysis: The Board of Nursing concurs with the analysis of the Department of Planning and Budget.

Summary:

Pursuant to a periodic review of 18VAC90-15 by the Board of Nursing, the amendment eliminates the requirement that the executive director maintain a list of appropriately qualified persons who may act as agency subordinate.

18VAC90-15-30. Criteria for an agency subordinate.

A. An agency subordinate authorized by the board to conduct an informal fact-finding proceeding may include current or past board members and professional staff or other persons deemed knowledgeable by virtue of their training and experience in administrative proceedings involving the regulation and discipline of health professionals.

B. The executive director shall maintain a list of appropriately qualified persons to whom an informal fact-finding proceeding may be delegated.

C. The board may delegate to the executive director the selection of the agency subordinate who is deemed appropriately qualified to conduct a proceeding based on the qualifications of the subordinate and the type of case being heard.