PETITIONS FOR RULEMAKING
Vol. 30 Iss. 6 - November 18, 2013

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Agency Decision

Title of Regulation: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

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

Name of Petitioner: Melody Cartwright.

Nature of Petitioner's Request: To amend requirements for practice by chiropractors relating to treatment and diagnosis of curvature of the spine and the use of digital x-rays.

Agency Decision: Request denied.

Statement of Reason for Decision: At a meeting of the board on October 24, 2013, the issues were thoroughly discussed and a decision made not to initiate rulemaking in response to the petition. Licensees of the board are expected to practice within an evidence-based standard of care for their profession. The board does not and cannot prescribe by regulation a protocol for each specific condition a patient might present. Additionally, the use of digital x-rays has some advantages for electronic communication of patient records, but there is no evidence of improved outcomes for patient care.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R13-33; Filed October 25, 2013, 9:38 a.m.

BOARD OF VETERINARY MEDICINE

Agency Decision

Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine.

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

Name of Petitioner: Chelsea L. Mason.

Nature of Petitioner's Request: To amend 18VAC150-20-70 of the Board of Veterinary Medicine regulations to accept continuing education courses in business management and finance.

Agency's Decision: Request denied.

Statement of Reason for Decision: While the members acknowledged the need for owners of veterinary practices to be well informed about technology, marketing, and business management, they did not believe continuing education hours in those areas should be substituted for courses in the care of animals. The purpose of licensure and the role of the board are protection of the public. Additionally, the board found that most other states that accept business management courses typically require more total hours than Virginia. While there was discussion about an increase in the number of hours with business practices allowed to count for some of them, the board rejected that alternative as an increased burden on veterinarians and technicians who do not want or need to take such courses. Licensees who want education in business management can obtain the hours over and above the minimum of 15 for veterinarians and six for veterinary technicians. There was comment in support of continuing education in communication with clients as a way to better serve the needs of animals in the practice. The board recently revised a Guidance Document (150-11) to clarify that such courses are presently acceptable for CE credit: "Approved CE credit is given for courses or programs related to the treatment and care of patients and shall be clinical courses in veterinary medicine or veterinary technology or courses that enhance patient safety, such as medical recordkeeping or Occupational Health and Safety Administration (OSHA) requirements. The board accepts CE that is related to disaster or emergency preparedness, the U.S. Department of Agriculture's National Veterinary Accreditation Program and communication development to strengthen the veterinarian-client-patient relationships, including but not limited to grief counseling."

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R13-26; Filed October 23, 2013, 3:30 p.m.