Title of Regulation: 18VAC60-20. Regulations Governing the Practice of Dentistry and Dental Hygiene (amending 18VAC60-20-10, 18VAC60-20-30; adding 18VAC60-20-332, 18VAC60-20-342, 18VAC60-20-352).

Statutory Authority: §§ 54.1-2400 and 54.1-2708.3 of the Code of Virginia.

Effective Dates: January 8, 2010, through July 7, 2011.

Pursuant to § 2.2-4011 of the Code of Virginia, the Board of Dentistry requested an extension of the above-referenced emergency regulation to complete the requirements of the Administrative Process Act. The Board of Dentistry voted at its meeting on September 17, 2010, to request a six-month extension to ensure that the registration of mobile dental clinics as mandated by the Code of Virginia does not expire. The emergency regulations were published in 26:6 VA.R. 671-677 November 23, 2009 (http://register.dls.virginia.gov/vol26/iss06/v26i06.pdf).

The budget bills (HB1600 and SB950) of the 2009 Acts of Assembly required the Board of Dentistry to adopt emergency regulations for the registration of mobile dental clinics, which became effective January 8, 2010, and expire January 7, 2011. A Notice of Intended Regulatory Action was published simultaneously with comment until December 2, 2009.

On March 12, 2010, the board adopted proposed regulations. In the adoption of proposed regulations, the board adopted essentially the same requirements in effect as the emergency regulations, but clarified certain provisions, corrected an oversight on the renewal deadline, and eliminated several provisions that were unnecessary or could be burdensome.

Proposed regulations were submitted for executive review on March 29, 2010. Department of Planning and Budget approval was given on May 13, 2010, and the Secretary's approval was given on July 20, 2010. The proposed regulations were approved by the Governor's office on December 9, 2010, and published in the Virginia Register of Regulations on January 3, 2011 (http://register.dls.virginia.gov/vol27/iss09/v27i09.pdf).

The Governor approved the department's request to extend the expiration date of the emergency regulation for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the regulations will continue in effect through July 7, 2011.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4538, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.