TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED INTERIOR DESIGNERS AND LANDSCAPE ARCHITECTS
Initial Agency Notice
Title of Regulation: 18VAC10-20. Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations.
Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Name of Petitioner: Atticus Sawatzki.
Nature of Petitioner's Request: To amend 18VAC10-20-260 A 2 to allow applications for original Professional Engineer licensure or engineer-in-training designation to be received in the board's office no later than 75 days prior to the scheduled examination date rather than 130 days.
Agency Plan for Disposition of Request: The petition will be published on April 12, 2021, in the Virginia Register of Regulations for a 30-day public comment period ending May 11, 2021. The board will consider the petition and any comment received at its meeting on June 22, 2021.
Public Comment Deadline: May 11, 2021.
Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, 9960 Mayland Drive, Suite 400, Richmond, VA, 23233, telephone (804) 367-8514, or email apelscidla@dpor.virginia.gov.
VA.R. Doc. No. PFR21-340; Filed March 10, 2021, 5:22 p.m.
BOARD OF DENTISTRY
Agency Decision
Title of Regulation: 18VAC60-30. Regulations Governing the Practice of Dental Assistants.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Carmen Chilton.
Nature of Petitioner's Request: To amend regulations to create a pathway for dental assistants with five to 10 years of experience to take the Certified Restorative Functions Dental Assistant Exam and have the employing dentist observe and approve of their capabilities to be a dental assistant II.
Agency Decision: Request denied.
Statement of Reason for Decision: At its meeting on March 19, 2021, the board considered the request to amend regulations and all of the comments for or against the petition. The board's decision was not to initiate rulemaking to change the regulation. The board concurred with persons in opposition who noted that standardized training and testing validated by the Certified Restorative Functions Dental Assistant Examination is necessary to ensure public safety and quality dental care. The board also concurred with the need to increase the number of dental assistants II in Virginia. To that end, it has amended requirements for dental assistants II to reduce the hours in training and the cost of obtaining that credential. The amended regulations become effective on March 31, 2021.
Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA, 23233, telephone (804) 367-4437, or email sandra.reen@dhp.virginia.gov.
VA.R. Doc. No. R21-334; Filed March 21. 2021, 12:32 p.m.
BOARD OF COUNSELING
Initial Agency Notice
Title of Regulation: 18VAC115-20. Regulations Governing the Practice of Professional Counseling.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Dawne Sherman.
Nature of Petitioner's Request: To allow all face-to-face client contact hours accrued during the supervised graduate internship in excess of the minimum required 240 direct client hours to be counted toward the 2,000 total required direct client contact hours required for residency.
Agency Plan for Disposition of Request: The petition will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations on April 12, 2021, with comment requested until May 12, 2021. The petition and all comments received will be considered at the first meeting of the regulatory committee scheduled after the comment period on August 6, 2021. The board will receive a recommendation from the committee and decide whether to initiate rulemaking at its meeting on August 20, 2021.
Public Comment Deadline: May 12, 2021.
Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Richmond, VA, 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR21-341; Filed March 24, 2021, 8:26 a.m.
BOARD OF SOCIAL WORK
Agency Decision
Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Florine Edmunds.
Nature of Petitioner's Request: To extend the requirement for passage of the licensing examination and allow an additional one to three years for remediation, training, and equitable opportunities. To reduce the passing score by 10 points and provide study sheets for retaking examination.
Agency Decision: Request denied.
Statement of Reason for Decision: In accordance with Virginia law, the petition was filed with the Virginia Registrar of Regulations and published on February 15, 2021, with comment accepted through March 10, 2021. The petition was also posted on the Virginia Regulatory Town Hall at www.townhall.viginia.gov. There was one comment on the petition from the Association of Social Work Boards (ASWB), the body that owns the licensing examination.
At its meeting March 13, 2021, the board declined to initiate rulemaking in response to the petition. The consensus was that lowering the cut score for passage of the national examination would jeopardize acceptance of Virginia applicants for licensure in other states. Additionally, the passing score is determined by an analysis by experts and determined by ASWB for all candidates, and there is no basis for Virginia choosing a different score.
Likewise, the board did not agree to further extend the period during which someone can be approved to sit for the examination. In its comment, ASWB noted that Virginia is more generous than many other states in the number of times someone can attempt passage and the amount of time given to do so.
Agency Contact: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA, 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR21-337; Filed March 14, 2021, 12:37 p.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: Mia Cary.
Nature of Petitioner's Request: To amend regulations to add a requirement for one hour of continuing education on the subjects of diversity, equity, and inclusion.
Agency Decision: Request denied.
Statement of Reason for Decision: The petition was published on January 18, 2021, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment. There were four comments in opposition to such an action.
At its meeting March 11, 2021, the board decided not to initiate rulemaking. Board members noted that the purpose of the board is protection of the public and that continuing education should be used to improve patient care. Virginia requires continuing education courses to be clinical in content, so while board members are very supportive of efforts to improve diversity, equity, and inclusion in veterinary medicine, they did not agree that required coursework as a condition of licensure renewal was advisable.
Agency Contact: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA, 23233, telephone (804) 597-4130, or email leslie.knachel@dhp.virginia.gov.
VA.R. Doc. No. PFR21-16; Filed March 12, 2021, 9:57 a.m.
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: Gideon Daniel.
Nature of Petitioner's Request: To amend 18VAC150-20-172 to allow an unlicensed veterinary assistant to place an intravenous catheter.
Agency Decision: Request denied.
Statement of Reason for Decision: The petition was published on November 23, 2020, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment ending December 23, 2020. 359 comments were posted on Town Hall.
The board reviewed the comments in support and in opposition to the petition. While board members are aware of the shortage of veterinary technicians, the board did not agree that the role of an unlicensed assistant should be expanded to include placement of intravenous catheters. Board members expressed concerns about safety of their patients and reiterated that invasive procedures require education and training in anatomical structures and managing complications. In the interest of patient care and practitioner accountability, the board voted unanimously to not initiate rulemaking.
Agency Contact: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA, 23233, telephone (804) 597-4130, or email leslie.knachel@dhp.virginia.gov.
VA.R. Doc. No. R21-06; Filed March 12, 2021, 9:58 a.m.