TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF DENTISTRY

Emergency Regulation

Title of Regulation: 18VAC60-21. Regulations Governing the Practice of Dentistry (amending 18VAC60-21-350; adding 18VAC60-21-55).

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

Effective Dates: May 6, 2024, through November 5, 2025.

Agency Contact: Jamie Sacksteder, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4581, FAX (804) 698-4266, or email jamie.sacksteder@dhp.virginia.gov.

Preamble:

Section 2.2-4011 of the Code of Virginia states that agencies may adopt emergency regulations in situations in which Virginia statutory law or the appropriation act requires that a regulation be effective in 280 days or less from its enactment, and the regulation is not exempt under the provisions of § 2.2-4006 A 4 of the Code of Virginia.

Pursuant to Chapter 413 of the 2023 Acts of Assembly, and required to become effective in 280 days or less by Item 301 C of Chapter 1 of the 2023 Acts of Assembly, Special Session I, the amendments (i) create training requirements for dentists to administer botulinum toxin injections for cosmetic purposes; and (ii) change 18VAC60-21-350 B 9 to provide for "Administration of dermal filler".

18VAC60-21-55. Training requirements for administration of botulinum toxin injections for cosmetic purposes.

A. A dentist may possess and administer botulinum toxin injections for cosmetic purposes provided that the dentist has completed 12 hours of training in the subjects listed in subsection C of this section. Training must include a minimum of four hours of clinical, in-person training on at least two live patients, which shall include patient follow-up post-procedure. Eight of the 12 hours of training may be didactic and may be obtained online or in person.

B. To satisfy the requirements of this section, training must be provided by a dental program or advanced dental education program accredited by CODA, the ADA or its constituent or branch associations, or the Academy of General Dentistry.

C. Training to possess and administer botulinum toxin injections for cosmetic purposes shall include the following subjects:

1. Assessing patients for use of botulinum toxin injections;

2. Screening of patient expectations and psychological motivations;

3. Diagnosis, planning, and treatment;

4. Informed consent, including off-label use of botulinum toxins;

5. Anatomy and neurophysiology of the head and neck;

6. Indications and contraindications for the use of botulinum toxin injections, including off-label and approved product uses;

7. Pharmacology of neurotoxins and botulinum toxins;

8. Safety and risks associated with use of botulinum toxins, including the recognition and management of adverse reactions and complications;

9. Preparation and administration of botulinum toxins; and

10. Evaluation of patient outcomes.

18VAC60-21-350. Certification to perform cosmetic procedures; applicability.

A. In order for an oral and maxillofacial surgeon to perform aesthetic or cosmetic procedures, he the oral and maxillofacial surgeon shall be certified by the board pursuant to § 54.1-2709.1 of the Code. Such certification shall only entitle the licensee to perform procedures above the clavicle or within the head and neck region of the body.

B. Based on the applicant's education, training, and experience, certification may be granted to perform the following procedures for cosmetic treatment:

1. Rhinoplasty and other treatment of the nose;

2. Blepharoplasty and other treatment of the eyelid;

3. Rhytidectomy and other treatment of facial skin wrinkles and sagging;

4. Submental liposuction and other procedures to remove fat;

5. Laser resurfacing or dermabrasion and other procedures to remove facial skin irregularities;

6. Browlift (either open or endoscopic technique) and other procedures to remove furrows and sagging skin on the upper eyelid or forehead;

7. Platysmal muscle plication and other procedures to correct the angle between the chin and neck;

8. Otoplasty and other procedures to change the appearance of the ear; and

9. Application of injectable medication or material for the purpose of treating extra-oral cosmetic conditions. Administration of dermal filler.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing intends to consider amending 18VAC90-19, Regulations Governing the Practice of Nursing; 18VAC90-25, Regulations Governing Certified Nurse Aides; 18VAC90-27, Regulations for Nursing Education Programs; 18VAC90-30, Regulations Governing the Licensure of Advanced Practice Registered Nurses; 18VAC90-50, Regulations Governing the Licensure of Massage Therapists; 18VAC90-60, Regulations Governing the Registration of Medication Aides; and 18VAC90-70, Regulations Governing the Practice of Licensed Certified Midwives. The purpose of the proposed action is to amend regulations to ensure the board obtains sufficient operating funds for future years pursuant to § 54.1-113 of the Code of Virginia. Under the current fee structure, the board would carry a negative balance of $2,189,284 in Fiscal Year 2025.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: June 19, 2024.

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

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing intends to consider amending 18VAC90-19, Regulations Governing the Practice of Nursing; 18VAC90-25, Regulations Governing Certified Nurse Aides; 18VAC90-27, Regulations for Nursing Education Programs; 18VAC90-30, Regulations Governing the Licensure of Advanced Practice Registered Nurses; 18VAC90-50, Regulations Governing the Licensure of Massage Therapists; 18VAC90-60, Regulations Governing the Registration of Medication Aides; and 18VAC90-70, Regulations Governing the Practice of Licensed Certified Midwives. The purpose of the proposed action is to amend regulations to ensure the board obtains sufficient operating funds for future years pursuant to § 54.1-113 of the Code of Virginia. Under the current fee structure, the board would carry a negative balance of $2,189,284 in Fiscal Year 2025.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: June 19, 2024.

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

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing intends to consider amending 18VAC90-19, Regulations Governing the Practice of Nursing; 18VAC90-25, Regulations Governing Certified Nurse Aides; 18VAC90-27, Regulations for Nursing Education Programs; 18VAC90-30, Regulations Governing the Licensure of Advanced Practice Registered Nurses; 18VAC90-50, Regulations Governing the Licensure of Massage Therapists; 18VAC90-60, Regulations Governing the Registration of Medication Aides; and 18VAC90-70, Regulations Governing the Practice of Licensed Certified Midwives. The purpose of the proposed action is to amend regulations to ensure the board obtains sufficient operating funds for future years pursuant to § 54.1-113 of the Code of Virginia. Under the current fee structure, the board would carry a negative balance of $2,189,284 in Fiscal Year 2025.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: June 19, 2024.

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

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing intends to consider amending 18VAC90-19, Regulations Governing the Practice of Nursing; 18VAC90-25, Regulations Governing Certified Nurse Aides; 18VAC90-27, Regulations for Nursing Education Programs; 18VAC90-30, Regulations Governing the Licensure of Advanced Practice Registered Nurses; 18VAC90-50, Regulations Governing the Licensure of Massage Therapists; 18VAC90-60, Regulations Governing the Registration of Medication Aides; and 18VAC90-70, Regulations Governing the Practice of Licensed Certified Midwives. The purpose of the proposed action is to amend regulations to ensure the board obtains sufficient operating funds for future years pursuant to § 54.1-113 of the Code of Virginia. Under the current fee structure, the board would carry a negative balance of $2,189,284 in Fiscal Year 2025.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: June 19, 2024.

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

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing intends to consider amending 18VAC90-19, Regulations Governing the Practice of Nursing; 18VAC90-25, Regulations Governing Certified Nurse Aides; 18VAC90-27, Regulations for Nursing Education Programs; 18VAC90-30, Regulations Governing the Licensure of Advanced Practice Registered Nurses; 18VAC90-50, Regulations Governing the Licensure of Massage Therapists; 18VAC90-60, Regulations Governing the Registration of Medication Aides; and 18VAC90-70, Regulations Governing the Practice of Licensed Certified Midwives. The purpose of the proposed action is to amend regulations to ensure the board obtains sufficient operating funds for future years pursuant to § 54.1-113 of the Code of Virginia. Under the current fee structure, the board would carry a negative balance of $2,189,284 in Fiscal Year 2025.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: June 19, 2024.

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

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing intends to consider amending 18VAC90-19, Regulations Governing the Practice of Nursing; 18VAC90-25, Regulations Governing Certified Nurse Aides; 18VAC90-27, Regulations for Nursing Education Programs; 18VAC90-30, Regulations Governing the Licensure of Advanced Practice Registered Nurses; 18VAC90-50, Regulations Governing the Licensure of Massage Therapists; 18VAC90-60, Regulations Governing the Registration of Medication Aides; and 18VAC90-70, Regulations Governing the Practice of Licensed Certified Midwives. The purpose of the proposed action is to amend regulations to ensure the board obtains sufficient operating funds for future years pursuant to § 54.1-113 of the Code of Virginia. Under the current fee structure, the board would carry a negative balance of $2,189,284 in Fiscal Year 2025.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: June 19, 2024.

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

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing intends to consider amending 18VAC90-19, Regulations Governing the Practice of Nursing; 18VAC90-25, Regulations Governing Certified Nurse Aides; 18VAC90-27, Regulations for Nursing Education Programs; 18VAC90-30, Regulations Governing the Licensure of Advanced Practice Registered Nurses; 18VAC90-50, Regulations Governing the Licensure of Massage Therapists; 18VAC90-60, Regulations Governing the Registration of Medication Aides; and 18VAC90-70, Regulations Governing the Practice of Licensed Certified Midwives. The purpose of the proposed action is to amend regulations to ensure the board obtains sufficient operating funds for future years pursuant to § 54.1-113 of the Code of Virginia. Under the current fee structure, the board would carry a negative balance of $2,189,284 in Fiscal Year 2025.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

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

Public Comment Deadline: June 19, 2024.

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

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

REAL ESTATE APPRAISER BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Real Estate Appraiser Board intends to consider amending 18VAC130-20, Real Estate Appraiser Board Rules and Regulations. The purpose of the proposed action is to undertake a general review of the regulation in accordance with the regulatory reduction goal of Executive Directive Number One (2022). The regulation provides for the licensure of real estate appraisers and approval of appraisal educational offerings. The goals of the action include (i) reviewing discretionary requirements imposed on regulated parties to determine whether such requirements impose burdens that are not necessary to protect the public health, safety, and welfare or are not necessary to effectively administer the licensure program; (ii) ensuring the regulation conforms to current Virginia law and meets applicable federal requirements, is organized, clear, and understandable, and provides minimal burdens on regulants while still protecting the public; and (iii) ensuring the regulation reflects current Department of Professional and Occupational Regulation procedures and policies, along with any other changes determined to be necessary and appropriate.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.

Public Comment Deadline: June 19, 2024.

Agency Contact: Anika Coleman, Executive Director, Real Estate Appraiser Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reappraisers@dpor.virginia.gov.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

REAL ESTATE APPRAISER BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Real Estate Appraiser Board intends to consider amending 18VAC130-30, Appraisal Management Company Regulations. The purpose of the proposed action is to undertake a general review of the regulation in accordance with the regulatory reduction goal of Executive Directive Number One (2022). The regulation provides for the licensure of appraisal management companies. The goals of the action include (i) reviewing discretionary requirements imposed on regulated parties to determine whether such requirements impose burdens that are not necessary to protect the public health, safety, and welfare or are not necessary to effectively administer the licensure program; (ii) ensuring the regulation conforms to current Virginia law and meets applicable federal requirements, is organized, clear, and understandable, and provides minimal burdens on regulants while still protecting the public; and (iii) ensuring the regulation reflects current Department of Professional and Occupational Regulation procedures and policies, along with any other changes determined to be necessary and appropriate.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: June 19, 2024.

Agency Contact: Anika Coleman, Executive Director, Real Estate Appraiser Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reappraisers@dpor.virginia.gov.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

REAL ESTATE BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Real Estate Board intends to consider amending 18VAC135-20, Virginia Real Estate Board Licensing Regulations. The purpose of the proposed action is to undertake a general review of the regulation in accordance with the regulatory reduction goal of Executive Directive Number One (2022). The regulation provides for the licensure of real estate brokers, real estate salespersons, real estate firms, and business entities. The regulation also provides for the certification of real estate schools, prelicense education instructors, and courses. The goals of the action include (i) reviewing discretionary requirements imposed on regulated parties to determine whether such requirements impose burdens that are not necessary to protect the public health, safety, and welfare or are not necessary to effectively administer the licensure program; (ii) ensuring the regulation conforms to current Virginia law and meets applicable federal requirements, is organized, clear, and understandable, and provides minimal burdens on regulants while still protecting the public; and (iii) ensuring the regulation reflects current Department of Professional and Occupational Regulation procedures and policies, along with any other changes determined to be necessary and appropriate.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.

Public Comment Deadline: June 19, 2024.

Agency Contact: Anika Coleman, Executive Director, Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reboard@dpor.virginia.gov.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

REAL ESTATE BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Real Estate Board intends to consider amending 18VAC135-50, Fair Housing Regulations. The purpose of the proposed action is to undertake a general review of the regulation in accordance with the regulatory reduction goal of Executive Directive Number One (2022). The regulation provides the board's interpretation of the coverage of the Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia) regarding discrimination related to the sale or rental of dwellings, the related provision of services, the availability of residential real estate-related transactions, or any other discriminatory conduct prohibited by the Virginia Fair Housing Law. The regulation also provides for the investigation and conciliation of complaints regarding violations of the Virginia Fair Housing Law. The goals of the action include (i) reviewing discretionary requirements imposed on regulated parties to determine whether such requirements impose burdens that are not necessary to protect the public health, safety, and welfare or are not necessary to effectively administer the licensure program; (ii) ensuring the regulation conforms to current Virginia law and meets applicable federal requirements, is organized, clear, and understandable, and provides minimal burdens on regulants while still protecting the public; and (iii) ensuring the regulation reflects current Department of Professional and Occupational Regulation procedures and policies, along with any other changes determined to be necessary and appropriate.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 36-96.8 and 54.1-2105 of the Code of Virginia.

Public Comment Deadline: June 19, 2024.

Agency Contact: Anika Coleman, Executive Director, Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reboard@dpor.virginia.gov.