VA.R. Doc. No. R17-5223; Filed July 31, 2017, 11:04 a.m.
TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03; and (iv) conducts at least one public hearing on the proposed general permit.
Title of Regulation: 9VAC25-860. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Potable Water Treatment Plants (amending 9VAC25-860-10, 9VAC25-860-15,9VAC25-860-20, 9VAC25-860-40 through 9VAC25-860-70).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act.
Public Hearing Information:
September 28, 2017 - 3 p.m. - Department of Environmental Quality, 629 East Main Street, 2nd Floor Conference Room, Richmond, VA 23219
Public Comment Deadline: October 20, 2017.
Small Business Impact Review Report of Findings: This proposed regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.
Agency Contact: Elleanore Daub, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4067, FAX (804) 698-4032, or email elleanore.daub@deq.virginia.gov.
Summary:
The proposed regulatory action reissues the existing Virginia Pollutant Discharge Elimination System general permit that expires on June 30, 2018. The general permit contains limitations and monitoring requirements for point source discharge of process wastewaters resulting from the production of potable water. This general permit regulation is being reissued so that these facilities may continue to discharge.
Proposed substantive changes to the existing regulation include (i) removing the requirement to submit a groundwater monitoring plan with the registration if the plan has been previously submitted and approved, (ii) allowing for electronic submittals of registration statements, (iii) defining how to estimate discharge flow as "a technical evaluation of the sources contributing to the discharge," (iv) removing the allowance for reduced monitoring for reverse osmosis plants, (v) requiring a corrective action plan when groundwater is contaminated, and (vi) changing the requirement to conduct whole effluent toxicity testing from facilities with a one-time daily maximum flow of greater than or equal to 50,000 gallons per day to facilities with a daily maximum flow rate greater than or equal to 50,000 gallons per day over three consecutive monitoring periods.
CHAPTER 860
GENERAL VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) GENERAL PERMIT FOR POTABLE WATER TREATMENT PLANTS
9VAC25-860-10. Definitions.
The words and terms used in this regulation shall have the meanings defined in the State Water Control Law and 9VAC25-31, the VPDES Permit Regulation, unless the context clearly indicates otherwise, except that for the purposes of this chapter:
"Department" or "DEQ" means the Virginia Department of Environmental Quality.
"Membrane treatment" means a pressure driven process using synthetic materials to separate constituents from water. Membranes are used for dissolved solids or suspended solids removal. Membrane treatment for dissolved solids removal includes reverse osmosis and nanofiltration. Membrane treatment for suspended solids removal includes ultrafiltration and microfiltration.
"Microfiltration" means a method of membrane treatment designed to remove particles down to 0.1 µm in size. The treatment removes cysts, bacteria, and most (but not all) particulates.
"Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) (i) owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under § 208 of the Clean Water Act (CWA) that discharges to surface waters of the state; (ii) designed or used for collecting or conveying storm water; (iii) which is not a combined sewer; and (iv) which is not part of a publicly owned treatment works (POTW).
"Nanofiltration" or "low-pressure reverse osmosis" or "membrane softening" means a method of membrane treatment designed to remove multivalent ions (softening) and removes contaminants down to 1 nm (nanometer = 0.001 µm) in size.
"Potable water treatment plant" means an establishment engaged in producing water for domestic, commercial, or industrial use as designated by North American Industry Classification System (NAICS) Code 221310 - Water Supply and Irrigation Systems, (Executive Office of the President, Office of Management and Budget, United States, 2017), Standard Industrial Classified (SIC) Code 4941 - Water Supply (Office of Management and Budget (OMB) SIC Manual, 1987), or others as approved by the board.
"Reverse osmosis" means a method of membrane treatment designed to remove salts and low-molecular weight solutes and remove all contaminants down to 0.0001 µm (microns) in size. Reverse osmosis methods apply pressure in excess of osmotic pressure to force water through a semi-permeable membrane from a region of high salt concentration to a region of lower salt concentration.
"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background or both, and must include a margin of safety (MOS) and account for seasonal variations.
"Ultrafiltration" means a method of membrane treatment designed to remove particles down to 0.01 µm in size. The treatment removes cysts, bacteria, and viruses as well as suspended solids.
9VAC25-860-15. Applicability of incorporated references based on the dates that they became effective.
Except as noted, when a regulation of the U.S. Environmental Protection Agency set forth in Title 40 of the Code of Federal Regulations (CFR) is referenced and incorporated herein, that regulation shall be as it exists and has been published as of July 1, 2012 2017.
9VAC25-860-20. Purpose.
This general permit regulation governs the discharge of process wastewater from potable water treatment plants to surface waters.
9VAC25-860-40. Effective date of the permit.
This general VPDES permit will become effective on December 24, 2013 July 1, 2018, and will expire on June 30, 2018 2023. This general permit is effective for any covered owner upon compliance with all the provisions of 9VAC25-860-50.
9VAC25-860-50. Authorization to discharge.
A. Any owner governed by this general permit is hereby authorized to discharge to surface waters of the Commonwealth of Virginia provided that:
1. The owner submits a registration statement in accordance with 9VAC25-860-60 and that registration statement is accepted by the board;
2. The owner submits the required permit fee;
3. The owner complies with the applicable effluent limitations and other requirements of 9VAC25-860-70; and
4. The board has not notified the owner that the discharge is not eligible for coverage in accordance with subsection B of this section.
B. The board will notify an owner that the discharge is not eligible for coverage under this general permit in the event of any of the following:
1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;
2. The owner is proposing to discharge to state waters specifically named in other board regulations that prohibit such discharges;
3. The discharge violates or would violate the antidegradation policy in the Water Quality Standards at 9VAC25-260-30;
4. The discharge is not consistent with the assumptions and requirements of an approved TMDL;
5. The facility is subject to the requirements of 9VAC25-820-70 Part I G 1 (General VPDES Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Watershed in Virginia - Requirement to Register); and
6. An owner applying for coverage under this general permit submits the results of representative whole effluent toxicity testing of the discharge, and the results demonstrate that there is a reasonable potential for toxicity.
C. Compliance with this general permit constitutes compliance with the federal Clean Water Act and the State Water Control Law with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state, or local statute, ordinance, or regulation.
D. Continuation of permit coverage.
1. Any owner that was authorized to discharge under the potable water treatment plant general permit issued in 2008 2013 and that submits a complete registration statement on or before December 24, 2013 June 30, 2018, is authorized to continue to discharge under the terms of the 2008 2013 general permit until such time as the board either:
a. Issues coverage to the owner under this general permit; or
b. Notifies the owner that the discharge is not eligible for coverage under this general permit.
2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the 2008 2013 general permit;
b. Issue a notice of intent to deny coverage under the reissued general permit. If the general permit coverage is denied, the owner would then be required to cease the discharges authorized by administratively continued coverage under the terms of the 2008 2013 general permit or be subject to enforcement action for discharging without a permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).
9VAC25-860-60. Registration statement.
A. Deadlines for submitting registration statement. The owner seeking coverage under this general permit shall submit a complete VPDES general permit registration statement in accordance with this section, which shall serve as a notice of intent for coverage under the general VPDES permit for potable water treatment plants.
1. New facilities. Any owner proposing a new discharge shall submit a complete registration statement at least 60 days prior to the date planned for commencement of the new discharge.
2. Existing facilities.
a. Any owner covered by an individual VPDES permit who is proposing to be covered by this general permit shall submit a complete registration statement at least 270 days prior to the expiration date of the individual VPDES permit.
b. Any owner that was authorized to discharge under the general VPDES permit that became effective on December 24, 2008 2013, and who intends to continue coverage under this general permit shall submit a complete registration statement to the board on or before October 24, 2013 May 1, 2018.
c. Any owner of a potable water treatment plant not currently covered by a VPDES permit who is proposing to be covered by this general permit shall file the registration statement.
B. Late registration statements. Registration statements for existing owners covered under subdivision A 2 b of this section will be accepted after December 24, 2013 June 30, 2018, but authorization to discharge will not be retroactive. Owners described in subdivision A 2 b of this section that submit registration statements after October 24, 2013 May 1, 2018, are authorized to discharge under the provisions of 9VAC25-860-50 D if a complete registration statement is submitted on or before December 24, 2013 June 30, 2018.
C. The required registration statement shall contain the following information:
1. Facility name and street address, owner name, mailing address, telephone number, and email address (if available);
2. Operator or other contact name, mailing address, telephone number, and email address (if available);
3. The nature of the business;
4. A USGS 7.5 minute topographic map or equivalent computer generated map showing the facility location extending to at least one mile beyond the property boundary and the location of the discharge point(s) points;
5. The receiving waters of the discharge;
6. The outfall number, latitude and longitude, the daily maximum actual or projected wastewater flow rate (millions of gallons per day or gallons per day), typical volume, duration of discharges, and frequency of discharge;
7. The type of water treatment (e.g., conventional, microfiltration, ultrafiltration, nanofiltration, reverse osmosis, or a combination of these) and, if applicable, a description of any treatment type changes since the previous registration statement was submitted;
8. The number of any existing VPDES permit that authorizes discharges from the potable water treatment plant;
9. If the existing VPDES permit contains a groundwater monitoring plan requirement, a copy of the board-approved plan should shall be submitted unless the plan has been previously submitted and approved and remains unchanged. If a plan has been previously approved, cite the plan and date of approval;
10. Information regarding the lining of any settling basins or lagoons, whether such units are earthen lined, and if so, whether the linings have a permeability of no greater than 10-6 cm/sec;
11. The results of any whole effluent toxicity evaluation required by the 2008 2013 potable water treatment plant general permit regulation, 9VAC25-860-50 A 3, or the current individual permit, if not previously submitted to the department;
12. A schematic drawing showing the source(s) sources of water used on the property and the conceptual design of the methods of treatment and disposal of process wastewater;
13. Information on chemicals used in the production of drinking water and process wastewater treatment, to include (i) a description of chemicals, (ii) a proposed or actual schedule and quantity of chemical usage and, if applicable, (iii) a description of any chemical or chemical usage changes since the previous registration statement was submitted, and (iv) a description of which chemicals have no likelihood of entering the process wastewater;
14. A description of how solids and residue from any settling basins or lagoons are disposed;
15. Whether the facility will discharge to a MS4 municipal separate storm sewer system (MS4). If so, the name of the MS4 owner must be provided. If the owner of the potable water treatment plant is not the owner of the MS4, the facility owner shall notify the MS4 owner of the existence of the discharge and include a copy of the notification with the registration statement. The notification shall include the following information: the name of the facility, a contact person and phone telephone number, the location of the discharge, the nature of the discharge, and the owner's VPDES general permit number;
16. If a new potable water treatment plant owner proposes to discharge within five miles upstream of another public water supply system's intake, the new potable water treatment plant owner shall notify the public water supply system's owner and include a copy of the notification with the registration statement; and
17. The following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."
D. The registration statement shall be signed in accordance with 9VAC25-31-110.
E. The registration statement shall be delivered to the department's regional office where the industrial facility is located by either postal or electronic mail.
9VAC25-860-70. General permit.
Any owner whose registration statement is accepted by the board will receive coverage under the following permit and shall comply with the requirements therein and be subject to all requirements of 9VAC25-31.
General Permit No.: VAG64
Effective Date: December 24, 2013 July 1, 2018
Expiration Date: June 30, 2018 2023
GENERAL PERMIT FOR POTABLE WATER TREATMENT PLANTS
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of potable water treatment plants are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in board regulations that prohibit such discharges.
The authorized discharge shall be in accordance with the information submitted with the registration statement, this cover page, Part I - Effluent Limitations and, Monitoring Requirements, and Special Conditions, and Part II - Conditions Applicable To to All VPDES Permits, as set forth herein in this general permit.
PART I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
1. Facilities other than reverse osmosis or nanofiltration plants.
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge process wastewater from outfall(s) outfalls: __________
Such discharges shall be limited and monitored as specified below:
EFFLUENT CHARACTERISTICS | EFFLUENT LIMITATIONS | MONITORING REQUIREMENTS |
Monthly Average | Minimum | Maximum | Frequency(1) | Sample Type |
Flow (MGD) | NL | NA | NL | 1/3 Months | Estimate(2) |
pH (SU)(2)(3) | NA | 6.0 | 9.0 | 1/3 Months | Grab |
Total Suspended Solids (mg/l) | 30 | NA | 60 | 1/3 Months | Composite(3)(4) |
Total Residual Chlorine(4)(5) (mg/l) | 0.011 | NA | 0.011 | 1/3 Months | Grab |
NL - No Limitation, monitoring requirement only NA - Not applicable (1) Reports of quarterly monitoring shall be submitted to the DEQ regional office no later than the 10th day of April, July, October, and January. (2)Reported estimated flow is to be based on the technical evaluation of the sources contributing to the discharge. (2) (3) Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH in waters receiving the discharge, those standards shall be the minimum and maximum effluent limitations.
(3) (4) Composite - For continuous discharges, five grab samples collected at hourly intervals. For batch discharges, five grab samples taken at evenly placed intervals until the discharge ceases, or until a minimum of five grab samples have been collected. For continuous or batch discharges, the first grab shall occur within 15 minutes of commencement of the discharge.
(4) (5) Total residual chlorine limit shall only be applicable to facilities that use chlorine in the treatment process.
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PART I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
2. Reverse osmosis and nanofiltration plants.
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge process wastewater originating from outfall(s) outfalls: __________
Such discharges shall be limited and monitored as specified below:
EFFLUENT CHARACTERISTICS | EFFLUENT LIMITATIONS | MONITORING REQUIREMENTS |
Monthly Average | Minimum | Maximum | Frequency(1) | Sample Type |
Flow (MGD) | NL | NA | NL | 1/ Month | Estimate(1) |
pH (SU)(2) | NA | 6.0 | 9.0 | 1/ Month | Grab |
Total Dissolved Solids (mg/l) | NA | NA | NL | 1/ Month | Composite(3) |
Dissolved Oxygen (mg/l)(4) | NA | 4.0 | NA | 1/ Month | Grab |
NL - No limitation, monitoring requirement only NA - Not applicable (1) Monitoring frequencies shall be reduced to 1/quarter upon written notification from the DEQ regional office. Reports of quarterly monitoring shall be submitted to the DEQ regional office no later than the 10th day of April, July, October, and January.
(1)Reported estimated flow is to be based on the technical evaluation of the sources contributing to the discharge. (2)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH in waters receiving the discharge, those standards shall be the minimum and maximum effluent limitations. (3)Composite - For continuous discharges, five grab samples collected at hourly intervals. For batch discharges, five grab samples taken at evenly placed intervals until the discharge ceases or until a minimum of five grab samples have been collected. For continuous or batch discharges, the first grab shall occur within 15 minutes of commencement of the discharge. (4)Where the Water Quality Standards (9VAC25-260) establish alternate standards for dissolved oxygen in waters receiving the discharge, those standards shall be the minimum effluent limitations. |
B. Special conditions.
1. Inspection of the effluent, and maintenance of the process wastewater treatment facility, shall be performed daily when discharging. Documentation of the inspection and maintenance shall be recorded in an operational log. This operational log shall be made available for review by the department personnel upon request.
2. No domestic sewage discharges are permitted under this general permit.
3. No chemicals used for water and process wastewater treatment, other than those listed on the owner's accepted registration statement, are allowed. Prior approval shall be obtained from the board before any changes are made to the chemical(s) chemicals, in order to assure protection of water quality and beneficial uses of the waters receiving the discharge. The owner shall indicate whether the chemical is likely to enter state waters through the process wastewater discharge.
4. There shall be no discharge of floating solids or visible foam in other than trace amounts.
5. Owners of facilities that are a source of the specified pollutant of concern to waters where an approved total maximum daily load (TMDL) has been established shall implement measures and controls that are consistent with the assumptions and requirements of the TMDL.
6. The permittee shall notify the department as soon as he the permittee knows or has reason to believe:
a. That any activity has occurred or will occur that would result in the discharge, on a routine or frequent basis, of any toxic pollutant that is not limited in this permit, if that discharge will exceed the highest of the following notification levels:
(1) One hundred micrograms per liter;
(2) Two hundred micrograms per liter for acrolein and acrylonitrile; five hundred micrograms per liter for 2,4‑dinitrophenol and for 2‑methyl‑4,6‑dinitrophenol; and one milligram per liter for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the general permit registration statement; or
(4) The level established by the board.
b. That any activity has occurred or will occur that would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant that is not limited in this permit, if that discharge will exceed the highest of the following notification levels:
(1) Five hundred micrograms per liter;
(2) One milligram per liter for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the general permit registration statement; or
(4) The level established by the board.
7. If a board-approved groundwater monitoring plan was submitted with the registration statement, the permittee shall continue to sample and report in accordance with the plan. The approved plan shall be an enforceable part of this permit. The board or the owner, with board approval, may evaluate the groundwater monitoring data and demonstrate that revisions to or the cessation of the groundwater monitoring are appropriate. If the department determines that monitoring indicates that groundwater is contaminated, the permittee shall submit a corrective action plan within 60 days of being notified by the regional office. The plan shall set forth the steps to ensure the contamination source is eliminated or that the contaminant plume is contained on the permittee's property. In addition, based on the extent of contamination, a risk analysis may be required. Once approved, this plan or analysis shall become an enforceable part of this permit.
8. Compliance reporting under Part I A.
a. The quantification levels (QL) shall be as follows:
| Effluent Characteristic | Quantification Level |
| Chlorine | 0.10 mg/l |
| TSS | 1.0 mg/l |
b. Reporting.
(1) Monthly average. Compliance with the monthly average limitations and reporting requirements for the parameters listed in subdivision 8 a of this subsection shall be determined as follows: all concentration data below the QL listed above in subdivision 8 a shall be treated as zero. All concentration data equal to or above the QL listed in subdivision 8 a shall be treated as it is reported. An arithmetic average shall be calculated using all reported data for the month, including the defined zeros. This arithmetic average shall be reported on the Discharge Monitoring Report (DMR) as calculated. If all data are below the QL, then the average shall be reported as "<QL." If reporting for quantity is required on the DMR and the calculated concentration is <QL, then report "<QL" for the quantity. Otherwise use the calculated concentration.
(2) Daily maximum. Compliance with the daily maximum limitations and/or reporting requirements for the parameters listed in subdivision 8 a above of this subsection shall be determined as follows: all concentration data below the QL listed in subdivision 8 a above shall be treated as zero. All concentration data equal to or above the QL shall be treated as reported. An arithmetic average shall be calculated using all reported data, including the defined zeros, collected within each day during the reporting month. The maximum value of these daily averages thus determined shall be reported on the DMR as the Daily Maximum daily maximum. If all data are below the QL, then the average shall be reported as "<QL." If reporting for quantity is required on the DMR and the calculated concentration is <QL, then report "<QL" for the quantity. Otherwise use the calculated concentration.
c. Any single datum required shall be reported as "<QL" if it is less than the QL in subdivision 8 a of this subsection. Otherwise, the numerical value shall be reported.
d. The permittee shall report at least the same number of significant digits as the permit limit for a given parameter. Regardless of the rounding convention used (i.e., 5 five always rounding up or to the nearest even number) by the permittee, the permittee shall use the convention consistently, and shall ensure that consulting laboratories employed by the permittee use the same convention.
9. Operation and Maintenance Manual Requirement maintenance manual requirement.
a. Within 90 days after the date of coverage under this general permit, the permittee shall develop or update an Operation and Maintenance (O & M) Manual operation and maintenance (O&M) manual for the treatment works. The O & M O&M manual shall be reviewed within 90 days of changes to the treatment system. The O & M O&M manual shall be certified in accordance with Part II K of this permit. The O & M O&M manual shall be made available for review by department personnel upon request.
b. This manual shall detail the practices and procedures that will be followed to ensure compliance with the requirements of this permit. Within 30 days of a request by the department, the current O & M Manual shall be submitted to the board for review and approval. The permittee shall operate the treatment works in accordance with the O & M Manual O&M manual. Noncompliance with the O & M Manual O&M manual shall be deemed a violation of the permit.
c. This manual shall include, but not necessarily be limited to, the following items, as appropriate:
(1) Techniques to be employed in the collection, preservation, and analysis of effluent samples;
(2) Discussion of best management practices, if applicable;
(3) Treatment Process wastewater treatment system design, treatment system operation, routine preventive maintenance of units within the treatment system, critical spare parts inventory and record keeping recordkeeping;
(4) A plan for the management and/or disposal of waste solids and residues, which includes a requirement to clean settling basins and lagoons (if present at the facility) in order to achieve effective treatment and a requirement that all solids shall be handled, stored, and disposed of so as to prevent a discharge to state waters; and
(5) Procedures for measuring and recording the duration and volume of treated process wastewater discharged.
10. Owners of a facility with a daily maximum flow rate greater than or equal to 50,000 gallons per day over three consecutive monitoring periods that have not conducted whole effluent toxicity (WET) testing to demonstrate there is no reasonable potential for toxicity from their discharge shall conduct WET testing as described in subdivisions a through e of this subsection. Owners with changes in treatment technology or chemical usage that change the characteristics of the discharge and with a daily maximum flow rate greater than or equal to 50,000 gallons per day shall conduct WET testing as described in subdivisions a through e of this subsection.
a. The WET testing shall consist of a minimum of four sets (set = vertebrate and invertebrate) (a set includes both vertebrate and invertebrate tests) of acute or chronic tests that reflect the current characteristics of the treatment plant effluent using the following tests and organisms:
For an intermittent or batch discharger | 48 hour static acute toxicity tests |
Freshwater organisms | Pimephales promelas or Oncorhynchus mykiss (for cold water) (vertebrates) Ceriodaphnia dubia (invertebrate) |
Saltwater organisms | Cyprinodon variegates variegatus (vertebrate) Americamysis bahia (invertebrate) |
For continuous discharger |
Freshwater | 7-Day Chronic Static Renewal Larval Survival and Growth Test with Pimephales promelas (vertebrate) |
3-Brood Chronic Static Renewal Survival and Reproduction Test with Ceriodaphnia dubia (invertebrate) |
Saltwater | 7-Day Chronic Static Renewal Larval Survival and Growth Test with Cyprinodon variegatus (vertebrate) |
7-Day Chronic Static Renewal Survival, Growth and Fecundity Test with Americamysis bahia (invertebrate) |
Freshwater organisms are used where the salinity of the receiving water is less than 1.0‰ (parts per thousand). Where the salinity of the receiving water is greater than or equal to 1.0‰ but less than 5.0‰ either freshwater or saltwater organisms may be used. Saltwater organisms are used where the salinity is greater than or equal to 5.0‰. There shall be a minimum of 30 days between sets of tests, and test procedures shall follow Title 40 of the Code of Federal Regulations, Part 136 (40 CFR Part 136) 40 CFR Part 136, which references the EPA guidance manuals for WET testing.
b. This testing shall be completed, at a minimum, during the first year of coverage under the general permit or within one year of commencing discharge.
c. The department will evaluate all representative data statistically to see if there is reasonable potential for toxicity in the facility discharge. If such reasonable potential exists and cannot be eliminated, the owner will be notified that he the owner must apply for an individual VPDES permit at next reissuance and a WET limit will be included in that individual permit. If the potential cause of the toxicity is eliminated during the five-year term of this general permit, the owner may conduct additional WET testing to demonstrate that there is no longer reasonable potential for toxicity and an individual permit will not be required at the next reissuance.
d. If the department determines that no reasonable potential for toxicity exists in the facility discharge, no further WET testing is required unless changes in treatment technology or chemical usage are made at the plant that change the characteristics of the discharge. If there have been changes to the effluent characteristics, then four sets of WET testing, either acute or chronic tests as applicable to the current characteristics of the treatment plant effluent, must be performed to recharacterize the discharge.
e. Any WET testing data will be submitted with the next required discharge monitoring report.
11. The discharges authorized by this permit shall be controlled as necessary to meet applicable water quality standards.
12. Notice of termination.
a. The owner may terminate coverage under this general permit by filing a complete notice of termination with the department. The notice of termination may be filed after one or more of the following conditions have been met:
(1) Operations have ceased at the facility and there are no longer discharges of process wastewater from the potable water treatment plant;
(2) A new owner has assumed responsibility for the facility. A notice of termination does not have to be submitted if a VPDES Change of Ownership Agreement form has been submitted;
(3) All discharges associated with this facility have been covered by an individual VPDES permit or a VPDES general permit; or
(4) Termination of coverage is being requested for another reason, provided the board agrees that coverage under this general permit is no longer needed.
b. The notice of termination shall contain the following information:
(1) Owner's name, mailing address, telephone number, and email address (if available);
(2) Facility name and location;
(3) VPDES general permit registration number for the facility; and
(4) The basis for submitting the notice of termination, including:
(a) A statement indicating that a new owner has assumed responsibility for the facility;
(b) A statement indicating that operations have ceased at the facility and there are no longer discharges from the facility;
(c) A statement indicating that all discharges have been covered by an individual VPDES permit; or
(d) A statement indicating that termination of coverage is being requested for another reason (state the reason) and a description of the reason.
c. The following certification: "I certify under penalty of law that all process wastewater discharges from the identified facility that are authorized by this VPDES general permit have been eliminated, or covered under a VPDES individual or a VPDES general permit, or that I am no longer the owner of the facility, or permit coverage should be terminated for another reason listed above. I understand that by submitting this notice of termination, that I am no longer authorized to discharge process wastewater in accordance with the general permit, and that discharging pollutants to surface waters is unlawful where the discharge is not authorized by a VPDES permit. I also understand that the submittal of this notice of termination does not release an owner from liability for any violations of this permit or the Clean Water Act."
d. The notice of termination shall be submitted to the department and signed in accordance with Part II K.
13. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other federal, state, or local statute, ordinance, or regulation.
PART II
CONDITIONS APPLICABLE TO ALL VPDES PERMITS.
A. Monitoring.
1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.
3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements.
4. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45, Certification for Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for Commercial Environmental Laboratories.
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) individuals who performed the sampling or measurements;
c. The date(s) dates and time(s) times analyses were performed;
d. The individual(s) individuals who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.
2. Monitoring results shall be reported on a discharge monitoring report (DMR) DMR or on forms provided, approved or specified by the department.
3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.
D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information that the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his the permittee's discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department upon request, copies of records required to be kept by this permit.
E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with this permit, or another permit issued by the board, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part II F, or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part II F, shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department, within five days of discovery of the discharge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.
Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse effects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part II I 2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.
1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this paragraph subsection:
a. Any unanticipated bypass; and
b. Any upset that causes a discharge to surface waters.
2. A written report shall be submitted within five days and shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.
3. The permittee shall report all instances of noncompliance not reported under Parts II I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II I 2.
NOTE: The immediate (within 24 hours) reports required in Parts II G, H and I may be made to the department's regional office. Reports may be made by telephone, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/MakingaReport.aspx. For reports outside normal working hours, a message may be left and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24-hour telephone service at 1-800-468-8892.
J. Notice of planned changes.
1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:
a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:
(1) After promulgation of standards of performance under § 306 of the Clean Water Act that are applicable to such source; or
(2) After proposal of standards of performance in accordance with § 306 of the Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with § 306 within 120 days of their proposal;
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or
c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.
2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit registration requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
2. Reports, etc and other information. All reports required by permits, and other information requested by the board shall be signed by a person described in Part II K 1, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described in Part II K 1;
b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and
c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part II K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to or together with any reports, or information to be signed by an authorized representative.
4. Certification. Any person signing a document under Parts II K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit coverage renewal application.
The permittee shall comply with effluent standards or prohibitions established under § 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under § 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.
M. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall submit a new registration statement at least 60 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.
N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations.
O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other state law or regulation or under authority preserved by § 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II U), and "upset" (Part II V) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.
R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.
T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Parts II U 2 and U 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II I.
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Part II U 2.
b. The board may approve an anticipated bypass, after considering its adverse effects, if the board determines that it will meet the three conditions listed above in Part II U 3 a.
V. Upset.
1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part II V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.
2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. An upset occurred and that the permittee can identify the cause(s) causes of the upset;
b. The permitted facility was at the time being properly operated;
c. The permittee submitted notice of the upset as required in Part II I; and
d. The permittee complied with any remedial measures required under Part II S.
3. In any enforcement preceding the permittee seeking to establish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The permittee shall allow the director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and or whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.
X. Permit actions. Permits Permit coverages may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
Y. Transfer of permits. Permits are not transferable to any person except after notice to the department.
Coverage under this permit may be automatically transferred to a new permittee if:
1. The current permittee notifies the department at least within 30 days in advance of the proposed transfer of the title to the facility or property unless permission for a later date has been granted by the board;
2. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and
3. The board does not notify the existing permittee and the proposed new permittee of its intent to deny the new permittee coverage under the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II Y 2.
Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
VA.R. Doc. No. R17-5011; Filed August 1, 2017, 8:48 a.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The
State Water Control Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code
of Virginia, which excludes regulations that are necessary to conform to
changes in Virginia statutory law where no agency discretion is involved. The
State Water Control Board will receive, consider, and respond to petitions by
any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-870. Virginia Stormwater
Management Program (VSMP) Regulation (amending 9VAC25-870-150).
Statutory Authority: §§ 62.1-44.15:25 and 62.1-44.15:28
of the Code of Virginia.
Effective Date: September 20, 2017.
Agency Contact: Frederick Cunningham, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4285, or email frederick.cunningham@deq.virginia.gov.
Summary:
Chapter 349 of the 2017 Acts of Assembly authorizes the hiring
of certified third-party professionals to administer a program for the
management of stormwater and erosion, including plan review and inspection but
not including enforcement, on behalf of (i) an erosion and stormwater
management program authority or (ii) a stormwater management program authority.
The amendment conforms the authorization procedures for stormwater management
programs to the act.
9VAC25-870-150. Authorization procedures for Virginia
stormwater management programs.
A. A locality adopting a VSMP in accordance with
§ 62.1-44.15:27 of the Code of Virginia must submit to the board an
application package that, at a minimum, contains the following:
1. The draft VSMP ordinance(s) as required in 9VAC25-870-148;
2. A funding and staffing plan;
3. The policies and procedures including, but not limited to,
agreements:
a. Agreements with Soil and Water Conservation
Districts soil and water conservation districts, adjacent
localities, or other public or private entities for the administration, plan
review, inspection, and enforcement components of the program; and
b. Contracts with third-party professionals who hold
certificates of competence in the appropriate subject areas, as provided in
subsection A of § 62.1-44.15:30 of the Code of Virginia, to carry out any or
all of the responsibilities that Article 2.3 (§ 62.1-44.15:24 et seq.) of
Chapter 3.1 of Title 62.1 of the Code of Virginia requires of a VSMP authority,
including plan review and inspection but not including enforcement; and
4. Such ordinances, plans, policies, and procedures must
account for any town lying within the county as part of the locality's VSMP
program unless such towns choose to adopt their own program.
B. Upon receipt of an application package, the board or its
designee shall have 30 calendar days to determine the completeness of the
application package. If an application package is deemed to be incomplete based
on the criteria set out in subsection A of this section, the board or its
designee must identify to the VSMP authority applicant in writing the reasons
the application package is deemed deficient.
C. Upon receipt of a complete application package, the board
or its designee shall have 120 calendar days for the review of the application
package, unless an extension of time, not to exceed 12 months unless otherwise
specified by the board in accordance with § 62.1-44.15:27 of the Code of
Virginia, is requested by the department, provided the VSMP authority applicant
has made substantive progress. During the 120-day review period, the board or
its designee shall either approve or disapprove the application, or notify the
locality of a time extension for the review, and communicate its decision to
the VSMP authority applicant in writing. If the application is not approved, the
reasons for not approving the application shall be provided to the VSMP
authority applicant in writing. Approval or denial shall be based on the
application's compliance with the Virginia Stormwater Management Act and this
chapter.
D. A VSMP authority applicant in accordance with
§ 62.1-44.15:27 of the Code of Virginia shall submit a complete
application package for the board's review pursuant to a schedule set by the
board in accordance with § 62.1-44.15:27 and shall adopt a VSMP consistent
with the Act and this chapter within the timeframe established pursuant to
§ 62.1-44.15:27 or otherwise established by the board.
E. A locality or other authorized entity not required to
adopt a VSMP in accordance with § 62.1-44.15:27 of the Code of Virginia
but electing to adopt a VSMP shall notify the department. Such notification
shall include a proposed adoption date for a local stormwater management
program on or after July 1, 2014, in accordance with a schedule developed by
the department.
VA.R. Doc. No. R17-5127; Filed July 31, 2017, 10:35 a.m.
TITLE 12. HEALTH
DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Fast-Track Regulation
Title of Regulation: 12VAC35-105. Rules and
Regulations for Licensing Providers by the Department of Behavioral Health and
Developmental Services (amending 12VAC35-105-925).
Statutory Authority: § 37.2-203 of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: September 21, 2017.
Effective Date: October 6, 2017.
Agency Contact: Cleopatra L. Booker, Psy.D., Director,
Office of Licensing, Department of Behavioral Health and Developmental
Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218, telephone (804)
663-7271, FAX (804) 692-0066, or email cleopatra.booker@dbhds.virginia.gov.
Basis: Section 37.2-203 of the Code of Virginia
authorizes the State Board of Behavioral Health and Developmental Services to
adopt regulations that may be necessary to carry out the provisions of Title
37.2 and other laws of the Commonwealth administered by the Commissioner and
the Department of Behavioral Health and Developmental Services (DBHDS).
Purpose: The purpose of this fast-track regulatory
action is to align 12VAC35-105-925 of the licensing regulations with changes in
§ 37.2-406 of the Code of Virginia. Specifically, the Code of Virginia contains
three exceptions to the geographic restriction on DBHDS-licensed providers of
treatment for persons with opiate addiction through the use of opioid
replacements that are within one-half mile of a K-12 school or licensed day
care center for the treatment of opioid addiction. The history of the
exemptions is:
• Chapter 845 of the 2004 Acts of Assembly, which added
Planning District 8.
• Chapter 415 of the 2014 Acts of Assembly, which added
Planning District 23.
• Chapter 480 of the 2016 Acts of Assembly, which added using
nonmethadone opioid replacements if the opioid replacement has been approved by
the U.S. Food and Drug Administration for the treatment of opioid addiction.
Rationale for Using Fast-Track Rulemaking Process: The
language already exists in the Code of Virginia, thus providers must already
comply with the language. No new language is proposed.
Substance: This fast-track rulemaking action updates the
existing regulation to reflect these, and any future, changes to state law. The
amendment deletes all language in 12VAC35-105-925 B, except the language
cross-referencing § 37.2-406.
Issues: This action makes it clearer to providers what
is required regarding where to locate services for DBHDS-licensed providers of
treatment for persons with opiate addiction. Rather than attempting to
replicate language in the Code of Virginia, which was and could become updated
faster than the regulatory language, this amendment will direct providers
directly to the appropriate source in the Code of Virginia.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. Pursuant to
Chapter 480 of the 2016 Acts of Assembly,1 the State Board of Behavioral
Health and Developmental Services (Board) proposes to permit treatment programs
using non-methadone opioid replacements to be within a half-mile of a K-12
school or licensed day care center if the opioid replacement has been approved
by the U.S. Food and Drug Administration (FDA) for the treatment of opioid
addiction.
Result of Analysis. The benefits likely exceed the costs for
the proposed change.
Estimated Economic Impact. The current regulation prohibits
providers of services to individuals with opioid addiction from locating within
one-half mile of a public or private licensed day care center or a public or
private K-12 school.2 Consistent with the above-mentioned 2016
legislation, the Board proposes to allow treatment programs using non-methadone
opioid replacements to be within a half-mile of a K-12 school or licensed day
care center if the opioid replacement has been approved by FDA for the
treatment of opioid addiction. Providing greater location flexibility may
reduce costs for providers of programs that provide services to individuals who
are addicted to opioids. This may enable greater resources to be directly
applied toward opioid treatment services and may enable additional clinics to
open.
The prohibition has existed in the first place since there has
been concern that the presence of drug treatment facilities might increase
crime near schools. Research has shown though that the presence of drug
treatment facilities is no more associated with crime than the presence of
other commercial businesses, and is less associated with crime than are
convenience stores and corner stores.3 Thus the benefits of the
proposed amendment likely exceed the cost.
Businesses and Entities Affected. There are 36 programs
licensed by the Department of Behavioral Health and Developmental Services
(DBHDS) that provide services to individuals who are addicted to opioids.
Community Service Boards run 3 of the programs. The remaining 33 licensed
programs are private.4 The proposed amendment potentially affects
these programs and future programs.
Localities Particularly Affected. All localities in Planning
District 8 (Northern Virginia)5 and cities in Planning District 23
(Hampton Roads)6 are already exempted from the location prohibition.
Thus the proposed elimination of the location prohibition would potentially
affect all Virginia localities outside of Northern Virginia that are not cities
in Hampton Roads.
Projected Impact on Employment. The proposed amendment is not
likely to significantly directly affect employment.
Effects on the Use and Value of Private Property. The proposed
amendment would newly allow private property located within a half-mile of a
K-12 school or licensed day care center to be used by programs using
non-methadone opioid replacements if the opioid replacement has been approved
by the FDA for the treatment of opioid addiction. Given that such programs
would make up a very small portion of potential renters or purchasers of
property located within a half-mile of a K-12 school or licensed day care
center, the proposed amendment would in most cases not significantly affect the
market value of private property.
Real Estate Development Costs. The proposed amendment does not
significantly 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 increases the
potential locations that may be used by small private programs that provide
services to individuals who are addicted to opioids. This may reduce their
facility/office rental costs.
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.
_________________________________
1 See http://leg1.state.va.us/cgi-bin/legp504.exe?161+sum+SB556
2 There are exceptions to the prohibition for programs
within Planning District 8 and within cities in Planning District 23. Planning
District 8 includes: a) the Counties of Arlington, Fairfax, Loudoun, and Prince
William, b) the Cities of Alexandria, Fairfax, Falls Church, Manassas, and
Manassas Park, and c) the Towns of Dumfries, Herndon, Leesburg, Purcellville,
and Vienna. The cities within Planning District 23 are: Chesapeake, Franklin,
Hampton, Poquoson, Williamsburg, Newport News, Norfolk, Portsmouth, Suffolk,
and Virginia Beach.
3 See C. Debra M. Furr-Holden, Adam J. Milam, Elizabeth
D. Nesoff, Renee M. Johnson, David O. Fakunle, Jacky M. Jennings, and Roland J.
Thorpe, Jr. "Not in My Back Yard: A Comparative Analysis of Crime Around
Publicly Funded Drug Treatment Centers, Liquor Stores, Convenience Stores, and
Corner Stores in One Mid-Atlantic City," Journal of Studies on Alcohol and
Drugs 2016 77:1, 17-24.
4 Data source: Department of Behavioral Health and
Developmental Services
5 Planning District 8 includes: a) the Counties of
Arlington, Fairfax, Loudoun, and Prince William, b) the Cities of Alexandria,
Fairfax, Falls Church, Manassas, and Manassas Park, and c) the Towns of
Dumfries, Herndon, Leesburg, Purcellville, and Vienna.
6 Cities within Planning District 23 are: Chesapeake,
Franklin, Hampton, Poquoson, Williamsburg, Newport News, Norfolk, Portsmouth,
Suffolk, and Virginia Beach.
Agency's Response to Economic Impact Analysis: The
agency concurs with the Department of Planning and Budget's economic impact
analysis.
Summary:
Chapter 480 of the 2016 Acts of Assembly authorizes the
Department of Behavioral Health and Developmental Services to license programs
using nonmethadone opioid replacements that are within one-half mile of a K-12
school or licensed day care center if the opioid replacement has been approved
by the U.S. Food and Drug Administration for the treatment of opioid addiction.
The amendments implement the changes to § 37.2-406 of the Code of Virginia
enacted by Chapter 480.
Part VI
Additional Requirements for Selected Services
Article 1
Medication Assisted Treatment (Opioid Treatment Services)
12VAC35-105-925. Standards for the evaluation of new licenses
for providers of services to individuals with opioid addiction.
A. Applicants requesting an initial license to provide a
service for the treatment of opioid addiction through the use of methadone or
any other opioid treatment medication or controlled substance shall supply
information to the department that demonstrates the appropriateness of the
proposed service in accordance with this section.
B. The proposed site of the service shall comply with §
37.2-406 of the Code of Virginia and, with the exception of services that
are proposed to be located in Planning District 8, shall not be located within
one-half mile of a public or private licensed day care center or a public or
private K-12 school.
C. In jurisdictions without zoning ordinances, the department
shall request that the local governing body advise it as to whether the
proposed site is suitable for and compatible with use as an office and the
delivery of health care services. The department shall make this request when
it notifies the local governing body of a pending application.
D. Applicants shall demonstrate that the building or space to
be used to provide the proposed service is suitable for the treatment of opioid
addiction by submitting documentation of the following:
1. The proposed site complies with the requirements of the
local building regulatory entity;
2. The proposed site complies with local zoning laws or
ordinances, including any required business licenses;
3. In the absence of local zoning ordinances, the proposed
site is suitable for and compatible with use as offices and the delivery of
health care services;
4. In jurisdictions where there are no parking ordinances, the
proposed site has sufficient off-street parking to accommodate the needs of the
individuals being served and prevent the disruption of traffic flow;
5. The proposed site can accommodate individuals during
periods of inclement weather;
6. The proposed site complies with the Virginia Statewide Fire
Prevention Code; and
7. The applicant has a written plan to ensure security for
storage of methadone at the site, which complies with regulations of the Drug
Enforcement Agency (DEA), and the Virginia Board of Pharmacy.
E. Applicants shall submit information to demonstrate that
there are sufficient personnel available to meet the following staffing
requirements and qualifications:
1. The program director shall be licensed or certified by the
applicable Virginia health regulatory board or by a nationally recognized
certification board or eligible for this license or certification with relevant
training, experience, or both, in the treatment of individuals with opioid
addiction;
2. The medical director shall be a board-certified addictionologist
or have successfully completed or will complete within one year a course of
study in opiate addiction that is approved by the department;
3. A minimum of one pharmacist;
4. Nurses;
5. Counselors shall be licensed or certified by the applicable
Virginia health regulatory board or by a nationally recognized certification
board or eligible for this license or certification; and
6. Personnel to provide support services.
F. Applicants shall submit a description for the proposed
service that includes:
1. Proposed mission, philosophy, and goals of the provider;
2. Care, treatment, and services to be provided, including a
comprehensive discussion of levels of care provided and alternative treatment
strategies offered;
3. Proposed hours and days of operation;
4. Plans for on-site security; and
5. A diversion control plan for dispensed medications,
including policies for use of drug screens.
G. Applicants shall, in addition to the requirements of
12VAC35-105-580 C 2, provide documentation of their capability to provide the
following services and support directly or by arrangement with other specified
providers when such services and supports are (i) requested by an individual
being served or (ii) identified as an individual need, based on the assessment
conducted in accordance with 12VAC35-105-60 B and included in the
individualized services plan:
1. Psychological services;
2. Social services;
3. Vocational services;
4. Educational services; and
5. Employment services.
H. Applicants shall submit documentation of contact with
community services boards or behavioral health authorities in their service
areas to discuss their plans for operating in the area and to develop joint
agreements, as appropriate.
I. Applicants shall provide policies and procedures that each
individual served to be assessed every six months by the treatment team to
determine if that individual is appropriate for safe and voluntary medically
supervised withdrawal, alternative therapies including other medication
assisted treatments, or continued federally approved pharmacotherapy treatment
for opioid addiction.
J. Applicants shall submit policies and procedures describing
services they will provide to individuals who wish to discontinue opioid
treatment services.
K. Applicants shall provide assurances that the service will
have a community liaison responsible for developing and maintaining cooperative
relationships with community organizations, other service providers, local law
enforcement, local government officials, and the community at large.
L. The department shall conduct announced and unannounced
reviews and complaint investigations in collaboration with the Virginia Board
of Pharmacy and DEA to determine compliance with the regulations.
VA.R. Doc. No. R17-5052; Filed July 28, 2017, 10:47 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS
Final Regulation
REGISTRAR'S NOTICE: The
Virginia Board for Asbestos, Lead, and Home Inspectors is claiming an exemption
from Article 2 of the Administrative Process Act in accordance with
§ 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that
are necessary to conform to changes in Virginia statutory law or the
appropriation act where no agency discretion is involved. The Virginia Board
for Asbestos, Lead, and Home Inspectors will receive, consider, and respond to
petitions by any interested person at any time with respect to reconsideration
or revision.
Title of Regulation: 18VAC15-40. Home Inspector
Licensing Regulations (amending 18VAC15-40-10, 18VAC15-40-130).
Statutory Authority: §§ 54.1-201 and 54.1-501 of the
Code of Virginia.
Effective Date: September 20, 2017.
Agency Contact: Trisha L. Henshaw, Executive Director,
Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive,
Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or
email alhi@dpor.virginia.gov.
Summary:
The amendments conform to Chapter 805 of the 2017 Acts of
Assembly by (i) requiring that a home inspector observing the presence of any
yellow corrugated stainless steel tubing while inspecting a home built prior to
the adoption of the construction code effective May 1, 2008, must disclose this
observation in the home inspection report, along with a specific advisory
statement to the consumer; and (ii) incorporating relevant definitions for the
home inspection report section.
Part I
General
18VAC15-40-10. Definitions.
A. Section 54.1-500 of the Code of Virginia provides
definitions of the following terms and phrases as used in this chapter:
"Board"
"Home inspection"
"Home inspector"
"Person"
"Residential building"
B. Section 54.1-517.2:1 of the Code of Virginia provides
definitions of the following terms and phrases as used in 18VAC15-40-130:
"Bonding"
"Corrugated stainless steel tubing"
"Grounding"
C. The following words and terms when used in this
chapter shall have the following meanings unless a different meaning is
provided or is plainly required by the context:
"Address of record" means the mailing address
designated by the licensee to receive notices and correspondence from the
board.
"Adjacent" means adjoining or within three feet of
the residential building and that may affect the residential building.
"Applicant" means an individual who has submitted
an application for licensure.
"Application" means a completed, board-prescribed
form submitted with the appropriate fee and other required documentation.
"Client" means a person who engages the services of
a home inspector for a home inspection.
"Compensation" means the receipt of monetary
payment or other valuable consideration for services rendered.
"Component" means a part of a system.
"Contact hour" means 50 minutes of participation in
a structured training activity.
"CPE" means continuing professional education.
"Department" means the Department of Professional
and Occupational Regulation.
"Financial interest" means financial benefit
accruing to an individual or to a member of his immediate family. Such interest
shall exist by reason of (i) ownership in a business if the ownership exceeds 3.0%
of the total equity of the business; (ii) annual gross income that exceeds or
may be reasonably anticipated to exceed $1,000 from ownership in real or
personal property or a business; (iii) salary, other compensation, fringe
benefits, forgiveness of debt, or benefits from the use of property, or any
combination of it, paid or provided by a business that exceeds or may be
reasonably expected to exceed $1,000 annually; (iv) ownership of real or
personal property if the interest exceeds $1,000 in value and excluding
ownership in business, income, salary, other compensation, fringe benefits, or
benefits from the use of property; (v) personal liability incurred or assumed
on behalf of a business if the liability exceeds 3.0% of the asset value of the
business; or (vi) an option for ownership of a business, real property, or
personal property if the ownership interest will consist of clause (i) or (iv)
of this definition.
"Fireplace" means an interior fire-resistant
masonry permanent or prefabricated fixture that can be used to burn fuel and is
either vented or unvented.
"Foundation" means the element of a structure that
connects to the ground and transfers loads from the structure to the ground.
Foundations may be shallow or deep.
"Licensee" means a home inspector as defined in
Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia.
"Licensure" means a method of regulation whereby
the Commonwealth, through the issuance of a license, authorizes a person
possessing the character and minimum skills to engage in the practice of a
profession or occupation that is unlawful to practice without such license.
"New residential structure" or "NRS"
means a residential structure for which the first conveyance of record title to
a purchaser has not occurred or the purchaser has not taken possession,
whichever occurs later.
"NRS specialty" means a designation granted by the
board to a home inspector that authorizes such individual to conduct home
inspections on any new residential structure.
"Outbuilding" means any structure on the property
that is more than three feet from the residential building and that may affect
the residential building.
"Prelicense education course" means an instruction
program approved by the board and is one of the requirements for licensure
effective July 1, 2017.
"Readily accessible" means available for access
without requiring moving or removing of any obstacles.
"Reinstatement" means the process and requirements
through which an expired license can be made valid without the licensee having
to apply as a new applicant.
"Renewal" means the process and requirements for
periodically approving the continuance of a license.
"Residential structure" means a structure
consisting of no more than two dwelling units or a townhouse.
"Solid fuel burning appliances" means a hearth and
fire chamber or similarly prepared place in which a fire may be built and that
is built in conjunction with a chimney, or a listed assembly of a fire chamber,
its chimney and related factory-made parts designed for unit assembly without
requiring field construction.
"System" means a combination of interacting or
interdependent components, assembled to carry out one or more functions.
"Virginia Residential Code" means the provisions of
the Virginia Construction Code (Part I (13VAC5-63-10 et seq.) of 13VAC5-63)
applicable to R-5 residential structures and that includes provisions of the
International Residential Code as amended by the Board of Housing and Community
Development.
18VAC15-40-130. Home inspection report.
A. Home inspection reports shall contain:
1. Information pertaining to the licensee, including:
a. Licensee's name;
b. Business address;
c. Telephone number; and
d. License number and expiration date, to be followed by
"NRS" if so designated and performing a home inspection on a new
residential structure;
2. The name, address, and telephone number of the client or
the client's authorized representative, if available at the time of the
inspection;
3. The physical address of the residential property inspected;
and
4. The date, time (to include both start and finish times of
the home inspection), and weather conditions at the time of the home
inspection.
B. In conducting a home inspection and reporting its
findings, the home inspector, at a minimum, shall inspect the condition of and
shall describe in writing the composition or characteristics of the following
readily accessible components and readily observable defects, except as may be
limited in the home inspection contract agreement:
1. Structural system.
a. Foundation.
b. Framing.
c. Stairs.
d. Crawl space, the method of inspecting the crawl space shall
be noted and explained in the home inspection report. If the crawl space cannot
be inspected, the licensee shall explain in the home inspection report why this
component was not inspected.
e. Crawl space ventilation and vapor barriers.
f. Slab floor, when present.
g. Floors, ceilings, and walls.
2. Roof structure, attic, and insulation.
a. Roof covering. The method of inspecting the roof covering
shall be noted and explained in the home inspection report. If the roof
covering cannot be inspected, the licensee shall explain in the home inspection
report why this component was not inspected.
b. Roof ventilation.
c. Roof drainage system, to include gutters and downspouts.
d. Roof flashings, if readily visible.
e. Skylights, chimneys, and roof penetrations, but not
antennae or other roof attachments.
f. Roof framing and sheathing.
g. Attic, unless area is not readily accessible.
h. Attic insulation.
3. Exterior of residential building or NRS.
a. Wall covering, flashing, and trim.
b. Readily accessible doors and windows, but not the operation
of associated security locks, devices, or systems.
c. Decks, balconies, stoops, steps, porches, attached garages,
carports, and any associated railings that are adjacent to the residential
building or NRS and on the same property but not associated screening,
shutters, awnings, storm windows, detached garages, or storm doors.
d. Eaves, soffits, and fascias where readily accessible from
ground level.
e. Walkways, grade steps, patios, and driveways, but not
fences or privacy walls.
f. Vegetation, trees, grading, drainage, and any retaining
walls adjacent to the residential building or NRS.
g. Visible exterior portions of chimneys.
4. Interior of residential
building or NRS.
a. Interior walls, ceilings, and floors of residential
building or NRS and any adjacent garage.
b. Steps, stairways, railings, and balconies and associated
railings.
c. Countertops and installed cabinets, including hardware.
d. Doors and windows, but not the operation of associated
security locks, devices, or systems.
e. Garage doors and permanently mounted and installed garage
door operators. The automatic safety reverse function of garage door openers
shall be tested, either by physical obstruction as specified by the
manufacturer, or by breaking the beam of the electronic photo eye but only when
the test can be safely performed and will not risk damage to the door, the
opener, any nearby structure, or any stored items.
f. Fireplaces, venting systems, hearths, dampers, and
fireboxes, but not mantles, fire screens and doors, seals and gaskets.
g. Solid fuel burning appliances, if applicable.
5. Plumbing system.
a. Interior water supply and distribution systems, including
water supply lines and all fixtures and faucets, but not water conditioning
systems or fire sprinkler systems.
b. Water drainage, waste, and vent systems, including all
fixtures.
c. Drainage sumps, sump pumps, and related piping.
d. Water heating equipment, including energy source and
related vent systems, flues, and chimneys, but not solar water heating systems.
e. Fuel storage and distribution systems for visible leaks.
6. Electrical system.
a. Service drop.
b. Service entrance conductors, cables, and raceways.
c. Service equipment and main disconnects.
d. Service grounding.
e. Interior components of service panels and sub panels,
including feeders.
f. Conductors.
g. Overcurrent protection devices.
h. Readily accessible installed lighting fixtures, switches,
and receptacles.
i. Ground fault circuit interrupters.
j. Presence or absence of smoke detectors.
k. Presence of solid conductor aluminum branch circuit wiring.
l. Arc fault interrupters shall be noted if installed but not
tested if equipment is attached to them.
7. Heating system.
a. Heating equipment, including operating controls, but not
heat exchangers, gas logs, built-in gas burning appliances, grills, stoves,
space heaters, solar heating devices, or heating system accessories such as
humidifiers, air purifiers, motorized dampers, and heat reclaimers.
b. Energy source.
c. Heating distribution system.
d. Vent systems, flues, and chimneys, including dampers.
8. Air conditioning system.
a. Central and installed wall air conditioning equipment.
b. Operating controls, access panels, and covers.
c. Energy source.
d. Cooling distribution system.
C. Systems in the home that are turned off, winterized, or
otherwise secured so that they do not respond to normal activation using
standard operating controls need not be put into operating condition. The home
inspector shall state, in writing, the reason these systems or components were
not inspected.
D. In accordance with § 54.1-517.2:1 of the Code of
Virginia, if a home inspector observes the presence of any shade of yellow
corrugated stainless steel tubing during a home inspection in a home that was
built prior to the adoption of the 2006 Virginia Construction Code, effective
May 1, 2008, the home inspector shall include that observation in the report
along with the following statement: "Manufacturers believe that this
product is safer if properly bonded and grounded as required by the
manufacturer's installation instructions. Proper bonding and grounding of the
product should be determined by a contractor licensed to perform the work in
the Commonwealth of Virginia."
VA.R. Doc. No. R17-5101; Filed July 24, 2017, 4:16 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF LONG-TERM CARE ADMINISTRATORS
Proposed Regulation
Titles of Regulations: 18VAC95-20. Regulations
Governing the Practice of Nursing Home Administrators (amending 18VAC95-20-10, 18VAC95-20-80,
18VAC95-20-175, 18VAC95-20-180, 18VAC95-20-200, 18VAC95-20-220, 18VAC95-20-221,
18VAC95-20-225, 18VAC95-20-230, 18VAC95-20-300, 18VAC95-20-340, 18VAC95-20-380,
18VAC95-20-390, 18VAC95-20-430, 18VAC95-20-470; repealing 18VAC95-20-471).
18VAC95-30. Regulations Governing the Practice of Assisted
Living Facility Administrators (amending 18VAC95-30-10, 18VAC95-30-40,
18VAC95-30-70, 18VAC95-30-90, 18VAC95-30-100, 18VAC95-30-120, 18VAC95-30-130,
18VAC95-30-140, 18VAC95-30-150, 18VAC95-30-170, 18VAC95-30-180, 18VAC95-30-200,
18VAC95-30-210).
Statutory Authority: § 54.1-2400 of the Code of
Virginia.
Public Hearing Information:
September 12, 2017 - 9:35 a.m. - Department of Health
Professions, Perimeter Center, 9960 Mayland Drive, 2nd Floor, Suite 201, Board
Room 1, Henrico, VA
Public Comment Deadline: October 22, 2017.
Agency Contact: Corie Tillman Wolf, Executive Director,
Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Henrico,
VA 23233-1463, telephone (804) 367-4595, FAX (804) 527-4413, or email
corie.wolf@dhp.virginia.gov.
Basis: Section 54.1-2400 of the Code of Virginia
provides the general authority for the regulatory boards to promulgate
regulations that are reasonable and necessary to administer effectively the
regulatory system.
The specific mandate for the Board of Long-Term Care
Administrators to license nursing home and assisted living facility
administrators is found in § 54.1-3102 of the Code of
Virginia.
Purpose: In addition to updating and clarifying the
regulations, the Board of Long-Term Care Administrators proposes to include the
Health Services Executive (HSE) credential as a qualification for licensure.
The HSE is a new credential approved by the National Association of Long-Term
Care Administrator Boards (NAB). Since the HSE incorporates and broadens the
current qualifications for licensure as a nursing home administrator, it will
provide adequate assurance of competency for practice and protection of the
health and safety of the public served in long-term care facilities.
Additionally, the board proposes to expand the grounds for
disciplinary actions or denial of licensure to include causes that would be
considered unprofessional conduct but are not explicitly listed in the current
regulation. Causes or grounds for action currently listed in regulations of
other boards, such as the Board of Nursing, will be adopted in amendments for
these professions. With more specificity on unprofessional conduct, the board
will have a greater ability to fulfill its mission of public protection.
Substance: Most of the amendments that the board has
identified in its periodic review and has proposed are editorial or intended to
clarify existing language. Specifically, the board has proposed changes in the
following sections:
Regulations Governing the Practice of Nursing Home Administrators.
18VAC95-20-10. Definitions. Add a definition for "active
practice" as a minimum of 1,000 hours within the preceding 24 months.
18VAC95-20-175. Continuing education requirements. Include
additional requirements for extension requests.
18VAC95-20-220. Educational and training requirements for
initial licensure. Add designation as Health Services Executive by NAB as a
category that meets qualifications for initial licensure as a nursing home
administrator (NHA).
18VAC95-20-221. Required content for coursework.
• Require official transcript from accredited college or
university.
• Rename content area categories to align with those in NAB
Domains of Practice.
18VAC95-20-230. Application package. Include employer
verifications as documents that are not required to be part of the application
package to be submitted at the same time.
18VAC95-20-300. Administrator-in-training qualifications.
• Require that registered preceptors provide training.
• Require submission of Domains of Practice form with application.
18VAC95-20-340. Supervision of trainees. Modify the requirement
for the supervisor to be routinely in the training facility to include "as
appropriate to the experience and training of the AIT and the needs of the
residents."
18VAC95-20-180. Qualifications of preceptors. Specify a
requirement for the registration as a preceptor that an administrator must
complete the online preceptor training course offered by NAB.
18VAC95-20-430. Termination of program. Modify timing of
written explanations to be provided to the board upon termination of a NHA
administrator-in-training (AIT) program.
18VAC95-20-470. Unprofessional conduct.
• Include registrations as subject to board discipline.
• Add enumerated causes that would permit the board to refuse,
deny, suspend, or revoke a license, or otherwise impose discipline.
Regulations Governing the Practice Assisted Living Facility
Administrators.
18VAC95-30-10. Definitions.
• Include additional definitions to clarify references in
regulations.
• Add a definition for "active practice" as a
minimum of 1,000 hours within the preceding 24 months.
18VAC95-30-70. Continuing education requirements. Include
additional requirements for extension requests.
18VAC95-30-100. Educational and training requirements for
initial licensure.
• Modify the AIT hours for persons with 30 hours of course
credit to be consistent with persons who hold licensure as a registered nurse;
AIT hours change from 320 to 480 hours.
• Require an official transcript of accredited college or
university coursework.
• Make coursework references consistent with terminology in
NAB Domains of Practice.
18VAC95-30-130. Application package. Include employer
verifications as documents that are not required to be part of the application
package to be submitted at the same time.
18VAC95-30-140. Training qualifications.
• Require that registered preceptors provide training.
• Require submission of Domains of Practice form with
application.
18VAC95-30-170. Training facilities. Include requirement that
training not occur at provisional or provisionally licensed facilities as
defined by the Department of Social Services.
18VAC95-30-180. Preceptors.
• Increase required years of full-time employment for
registration as a preceptor from one to two years.
• Clarify that "routinely present" with the trainee
in the facility must be appropriate to the experience and training of the
assisted living facility AIT and the needs of the residents.
• Increase in weekly face-to-face instruction and review time
with a trainee who is an acting administrator trainee.
• Require training for preceptors using preceptor training
modules now available through NAB.
• Specify requirements for renewal of registration.
18VAC95-30-200. Interruption or termination of program. Modify
timing of written explanations to be provided to the board upon termination of
an assisted living facility AIT program.
18VAC95-30-210. Unprofessional conduct.
• Include registrations as subject to board discipline.
• Add enumerated causes that would permit the board to refuse,
deny, suspend, or revoke a license, or otherwise impose discipline.
Issues: The primary advantages of the amendments to the
public are more clarity in the requirements for active practice and for
oversight of AITs, additional training for preceptors of AITs, and additional
grounds for a finding of unprofessional conduct. All changes will benefit
residents of long-term care facilities, who are often the elderly and most
vulnerable members of the public. There are no disadvantages to the public.
There are no advantages or disadvantages to the Commonwealth.
The proposed amendments are a foreseeable result of the statute
requiring the board to protect the health and safety of citizens of the
Commonwealth. The additional qualification for licensure as a nursing home
administrator is an option that may be chosen by applicants. There are no
additional requirements that would constitute a competitive disadvantage or
have an impact on competition.
Small Business Impact Review Report of Findings: This
proposed regulatory action serves as the report of the findings of the
regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. As a result
of periodic reviews,1 the Board of Long-Term Care Administrators
(Board) proposes to generally update the regulatory language. There are
numerous proposed changes, but the most notable changes are accepting the
Health Services Executive (HSE) credential as a qualification for licensure and
adding grounds for disciplinary action that would be considered unprofessional
conduct but are not explicitly listed in the regulation.
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact. According to the Board, the HSE credential
is a new credential approved by the National Association of Long-Term Care
Administrator Boards. The Board proposes to accept the HSE credential as a new
pathway for licensure as a nursing home administrator. Currently, there are
three pathways: degree and practical experience, certificate program, and
administrator-in-training program. Under the proposed regulation, individuals
who prefer the HSE option would be allowed to pursue it. This would be
beneficial for potential administrators who would prefer this path over the
three existing paths to licensure. The Board staff believes that possessing the
new credential indicates that the applicant would be at least as well qualified
to safely perform the duties of a nursing home administrator as an applicant
who completed one of the three existing pathways. Thus, the benefits of the
proposed acceptance of the new credential for licensure should exceed the cost.
The Board also proposes to explicitly state additional grounds
for disciplinary action that would be considered unprofessional conduct even
without the proposed language. Since this change is simply a clarification, no
significant economic impact is expected. However, clarification of what is
considered unprofessional conduct would improve the clarity of regulation and
may improve its enforcement.
Businesses and Entities Affected. The proposed amendments
potentially affect the 891 nursing home administrators and 615 assisted living
administrators in Virginia.
Localities Particularly Affected. The proposed regulation will
not affect any particular locality more than others.
Projected Impact on Employment. The proposed regulation is not
anticipated to have a significant impact on employment.
Effects on the Use and Value of Private Property. No effect on
the use and value of private property is expected.
Real Estate Development Costs. No impact on real estate
development costs is expected.
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 regulation does not
directly apply to small businesses. However, if a nursing home or an assisted
living administrator works for a small business it may be beneficial to that
small business as the proposed regulation allows a new pathway to administrator
licensure.
Alternative Method that Minimizes Adverse Impact. The proposed
regulation does not introduce an adverse impact on small businesses.
Adverse Impacts:
Businesses. The proposed regulation does not have an adverse
impact on businesses.
Localities. The proposed regulation will not adversely affect
localities.
Other Entities. The proposed regulation will not adversely
other entities.
____________________________
1 http://townhall.virginia.gov/L/ViewPReview.cfm?PRid=1506
Agency's Response to Economic Impact Analysis: The Board
of Long-Term Care Administrators concurs with the analysis of the Department of
Planning and Budget.
Summary:
As a result of periodic reviews of the nursing home
administrator and assisted living facility administrator regulations, the
proposed amendments make numerous changes. The most notable changes (i) add the
Health Services Executive credential as a qualification for licensure and (ii)
expand the grounds for disciplinary actions or denial of licensure to include
causes that would be considered unprofessional conduct but are not explicitly
listed in the current regulation.
Part I
General Provisions
18VAC95-20-10. Definitions.
A. The following words and terms when used in this chapter
shall have the definitions ascribed to them in § 54.1-3100 of the Code of
Virginia:
"Board"
"Nursing home"
"Nursing home administrator"
B. The following words and terms when used in this chapter
shall have the following meanings unless the context indicates otherwise:
"Accredited institution" means any degree-granting
college or university accredited by an accrediting body approved by the United
States U.S. Department of Education.
"Active practice" means a minimum of 1,000 hours
of practice as a licensed nursing home administrator within the preceding 24
months.
"AIT" means a person enrolled in the
administrator-in-training program in nursing home administration in a licensed
nursing home.
"Administrator-of-record" means the licensed
nursing home administrator designated in charge of the general administration
of the facility and identified as such to the facility's licensing agency.
"Approved sponsor" means an individual, business,
or organization approved by the National Association of Long Term Care
Administrator Boards NAB or by an accredited institution to offer
continuing education programs in accordance with this chapter.
"Continuing education" means the educational
activities which that serve to maintain, develop, or increase the
knowledge, skills, performance, and competence recognized as relevant to the
nursing home administrator's professional responsibilities.
"Full time" means employment of at least 35 hours
per week.
"Hour" means 50 minutes of participation in a
program for obtaining continuing education.
"Internship" means a practicum or course of study
as part of a degree or post-degree program designed especially for the
preparation of candidates for licensure as nursing home administrators that
involves supervision by an accredited college or university of the practical
application of previously studied theory.
"NAB" means the National Association of Long
Term Care Administrator Boards.
"National examination" means a test used by the
board to determine the competence of candidates for licensure as administered
by the National Association of Long Term Care Administrator Boards NAB
or any other examination approved by the board.
"Preceptor" means a nursing home administrator currently
licensed and registered or recognized by a nursing home administrator licensing
board to conduct an administrator-in-training (AIT) program.
18VAC95-20-80. Required fees.
A. The applicant or
licensee shall submit all fees below that apply:
|
1. AIT
program application
|
$215
|
|
2. Preceptor application
|
$65
|
|
3. Licensure application
|
$315
|
|
4. Verification of licensure
requests from other states
|
$35
|
|
5. Nursing home administrator
license renewal
|
$315
|
|
6. Preceptor renewal
|
$65
|
|
7. Penalty for nursing home administrator
late renewal
|
$110
|
|
8. Penalty for preceptor late
renewal
|
$25
|
|
9. Nursing home administrator
reinstatement
|
$435
|
|
10. Preceptor reinstatement
|
$105
|
|
11. Duplicate license
|
$25
|
|
12. Duplicate wall certificates
|
$40
|
|
13. Reinstatement after disciplinary
action
|
$1,000
|
B. For the first renewal after the effective date of this
regulation, the following one-time shortfall assessment shall apply:
|
1. Nursing home license renewal
|
$100
|
|
2. Preceptor renewal
|
$20
|
18VAC95-20-175. Continuing education requirements.
A. In order to renew a nursing home administrator license, an
applicant shall attest on his renewal application to completion of 20 hours of
approved continuing education for each renewal year.
1. Up to 10 of the 20 hours may be obtained through Internet
or self-study courses and up to 10 continuing education hours in excess of the
number required may be transferred or credited to the next renewal year.
2. Up to two hours of the 20 hours required for annual renewal
may be satisfied through delivery of services, without compensation, to
low-income individuals receiving health services through a local health
department or a free clinic organized in whole or primarily for the delivery of
those services. One hour of continuing education may be credited for one hour
of providing such volunteer services, as documented by the health department or
free clinic.
3. A licensee is exempt from completing continuing education
requirements and considered in compliance on the first renewal date following
initial licensure.
B. In order for continuing education to be approved by the
board, it shall (i) be related to health care administration and shall be
approved or offered by the National Association of Long Term Care
Administrator Boards (NAB) NAB, an accredited institution, or a
government agency, or (ii) as provided in subdivision A 2 of this
section.
C. Documentation of continuing education.
1. The licensee shall retain in his personal files for a
period of three renewal years complete documentation of continuing education
including evidence of attendance or participation as provided by the approved
sponsor for each course taken.
2. Evidence of attendance shall be an original document
provided by the approved sponsor and shall include:
a. Date or dates the course was taken;
b. Hours of attendance or participation;
c. Participant's name; and
d. Signature of an authorized representative of the approved
sponsor.
3. If contacted for an audit, the licensee shall forward to
the board by the date requested a signed affidavit of completion on forms
provided by the board and evidence of attendance or participation as provided
by the approved sponsor.
D. The board may grant an extension of up to one year or an
exemption for all or part of the continuing education requirements due to
circumstances beyond the control of the administrator, such as a certified
illness, a temporary disability, mandatory military service, or officially
declared disasters. The request for an extension shall be received in
writing and granted by the board prior to the renewal date.
18VAC95-20-180. Late renewal.
A. A person who fails to renew his license or preceptor
registration by the expiration date shall, within one year of the
initial expiration date:
1. Return the renewal notice or request renewal in writing to
the board; and
2. Submit the applicable renewal fee and penalty late
fee.
B. The documents required in subsection A of this section
shall be received in the board office within one year of the initial expiration
date. Postmarks shall not be considered.
18VAC95-20-200. Reinstatement for nursing home administrator
license or preceptor registration.
A. The board may reinstate a nursing home administrator
license or preceptor registration that was not renewed within one year of the initial
expiration date.
B. An applicant for nursing home administrator license
reinstatement shall apply on a reinstatement form provided by the board, submit
the reinstatement fee, and provide one of the following:
1. Evidence of the equivalent of 20 hours of continuing
education for each year since the last renewal, not to exceed a total of 60
hours.
2. Evidence of active practice in another state or U.S.
United States jurisdiction or in the U.S. United States
armed services during the period licensure in Virginia was lapsed.
3. Evidence of requalifying for licensure by meeting the
requirements prescribed in 18VAC95-20-220 or 18VAC95-20-225.
C. An applicant for preceptor reinstatement shall apply on a
reinstatement form provided by the board, submit the reinstatement fee, and
meet the current requirements for a preceptor in effect at the time of
application for reinstatement.
D. Any person whose license or registration has been
suspended, revoked, or denied renewal by the board under the provisions of
18VAC95-20-470 shall, in order to be eligible for reinstatement, (i) submit a
reinstatement application to the board for a license, (ii) pay the appropriate
reinstatement fee, and (iii) submit any other credentials as prescribed by the
board. After a hearing, the board may, at its discretion, grant the
reinstatement.
Part III
Requirements for Licensure
18VAC95-20-220. Qualifications for initial licensure.
One of the following sets of qualifications is required for
licensure as a nursing home administrator:
1. Degree and practical experience. The applicant shall (i)
hold a baccalaureate or higher degree in a health care-related field that meets
the requirements of 18VAC95-20-221 from an accredited institution; (ii) have
completed not less than a 320-hour internship that addresses the Domains of
Practice as specified in 18VAC95-20-390 in a licensed nursing home as part of
the degree program under the supervision of a preceptor; and (iii) have
received a passing grade on the national examination;
2. Certificate program. The applicant shall (i) hold a
baccalaureate or higher degree from an accredited college or university;,
(ii) successfully complete a program with a minimum of 21 semester hours study
in a health care-related field that meets the requirements of 18VAC95-20-221
from an accredited institution;, (iii) successfully complete not
less than a 400-hour internship that addresses the Domains of Practice as
specified in 18VAC95-20-390 in a licensed nursing home as part of the
certificate program under the supervision of a preceptor;, and
(iv) have received a passing grade on the national examination; or
3. Administrator-in-training program. The applicant shall have
(i) successfully completed an AIT program which that meets the
requirements of Part IV (18VAC95-20-300 et seq.) of this chapter and,
(ii) received a passing grade on the national examination, and (iii)
completed the Domains of Practice form required by the board; or
4. Health Services Executive (HSE) credential. The
applicant shall provide evidence that he has met the minimum education,
experience, and examination standards established by NAB for qualification as a
Health Services Executive.
18VAC95-20-221. Required content for coursework.
To meet the educational requirements for a degree in a health
care-related field, an applicant must provide a an official
transcript from an accredited college or university that documents successful
completion of a minimum of 21 semester hours of coursework concentrated on the
administration and management of health care services to include a minimum of
three semester hours in each of the content areas in subdivisions 1 through 4
of this section, six semester hours in the content area set out in subdivision
5 of this section, and three semester hours for an internship.
1. Resident care and quality of life Customer care,
supports, services: Course content shall address program and service
planning, supervision, and evaluation to meet the needs of patients,
such as (i) nursing, medical and pharmaceutical care; (ii) rehabilitative,
social, psychosocial, and recreational services; (iii) nutritional
services; (iv) safety and rights protections; (v) quality assurance; and (vi)
infection control.
2. Human resources: Course content shall focus on personnel leadership
in a health care management role and must address organizational behavior and
personnel management skills such as (i) staff organization, supervision,
communication, and evaluation; (ii) staff recruitment, retention, and
training; (iii) personnel policy development and implementation; and (iv)
employee health and safety.
3. Finance: Course content shall address financial management
of health care programs and facilities such as (i) an overview of financial
practices and problems in the delivery of health care services; (ii) financial
planning, accounting, analysis, and auditing; (iii) budgeting; (iv)
health care cost issues; and (v) reimbursement systems and structures.
4. Physical environment and atmosphere Environment:
Course content shall address facility and equipment management such as (i)
maintenance;, (ii) housekeeping;, (iii) safety;,
(iv) inspections and compliance with laws and regulations;, and
(v) emergency preparedness.
5. Leadership and management: Course content shall address the
leadership roles in health delivery systems such as (i) government oversight
and interaction;, (ii) organizational policies and procedures;,
(iii) principles of ethics and law;, (iv) community coordination
and cooperation;, (v) risk management;, and (vi) governance
and decision making.
18VAC95-20-225. Qualifications for licensure by endorsement.
The board may issue a license to any person who:
1. Holds a current, unrestricted license from any state or the
District of Columbia; and
2. Meets one of the following conditions:
a. Has practiced nursing home administration for one year
been engaged in active practice as a licensed nursing home administrator;
or
b. Has education and experience equivalent to qualifications
required by this chapter and has provided written evidence of those
qualifications at the time of application for licensure.
18VAC95-20-230. Application package.
A. An application for licensure shall be submitted after the
applicant completes the qualifications for licensure.
B. An individual seeking licensure as a nursing home
administrator or registration as a preceptor shall submit:
1. A completed application as provided by the board;
2. Additional documentation as may be required by the board to
determine eligibility of the applicant;
3. The applicable fee;
4. An attestation that he has read and understands and will
remain current with the applicable Virginia laws and regulations relating to
the administration of nursing homes; and
5. A current report from the U.S. Department of Health and Human
Services National Practitioner Data Bank (NPDB).
C. With the exception of school transcripts, examination
scores, the NPDB report, employer verifications, and verifications from
other state boards, all parts of the application package shall be submitted at
the same time. An incomplete package shall be retained by the board for one
year, after which time the application shall be destroyed and a new application
and fee shall be required.
Part IV
Administrator-In-Training Program
18VAC95-20-300. Administrator-in-training qualifications.
A. To be approved as an administrator-in-training, a person
shall:
1. Have received a passing grade on a total of 60 semester
hours of education from an accredited institution;
2. Obtain a registered preceptor to provide training;
3. Submit the fee prescribed in 18VAC95-20-80;
4. Submit the application and Domains of Practice form
provided by the board; and
5. Submit additional documentation as may be necessary to
determine eligibility of the applicant and the number of hours required for the
AIT program.
B. With the exception of school transcripts, all required
parts of the application package shall be submitted at the same time. An
incomplete package shall be retained by the board for one year after which time
the application shall be destroyed and a new application and fee shall be
required.
18VAC95-20-340. Supervision of trainees.
A. Training shall be under the supervision of a preceptor who
is registered or recognized by a licensing board.
B. A preceptor may supervise no more than two AIT's at any
one time.
C. A preceptor shall:
1. Provide direct instruction, planning, and evaluation
in the training facility;
2. Shall be routinely present with the trainee in the training
facility as appropriate to the experience and training of the AIT and the
needs of the residents in the facility; and
3. Shall continually evaluate the development and experience
of the AIT to determine specific areas in the Domains of Practice that need to
be addressed.
18VAC95-20-380. Qualifications of preceptors.
A. To be registered by the board as a preceptor, a
person shall:
1. Hold a current, unrestricted Virginia nursing home
administrator license and be employed full time as an administrator of record
in a training facility for a minimum of two of the past three years immediately
prior to registration; and
2. Provide evidence that he has completed the online
preceptor training course offered by NAB; and
3. Meet the application requirements in 18VAC95-20-230.
B. To renew registration as a preceptor, a person shall:
1. Hold a current, unrestricted Virginia nursing home
license and be employed by or have an agreement with a training facility for a
preceptorship; and
2. Meet the renewal requirements of 18VAC95-20-170.
18VAC95-20-390. Training plan.
Prior to the beginning of the AIT program, the preceptor
shall develop and submit for board approval a training plan that shall include
and be designed around the specific training needs of the
administrator-in-training. The training plan shall address the Domains of
Practice approved by the National Association of Long Term Care
Administrator Boards NAB that is in effect at the time the training
program is submitted for approval. An AIT program shall include training in
each of the learning areas in the Domains of Practice.
18VAC95-20-430. Termination of program.
A. If the AIT program is terminated prior to completion, the
trainee and the preceptor shall each submit a written explanation of the causes
of program termination to the board within five working 10 business
days.
B. The preceptor shall also submit all required monthly
progress reports completed prior to termination.
Part V
Refusal, Suspension, Revocation, and Disciplinary Action
18VAC95-20-470. Unprofessional conduct.
The board may refuse to admit a candidate to an examination,
refuse to issue or renew a license or registration or approval to any
applicant, suspend a license for a stated period of time or indefinitely,
reprimand a licensee or registrant, place his license or registration
on probation with such terms and conditions and for such time as it may
designate, impose a monetary penalty, or revoke a license or registration
for any of the following causes:
1. Conducting the practice of nursing home administration in
such a manner as to constitute a danger to the health, safety, and well-being
of the residents, staff, or public;
2. Failure to comply with federal, state, or local laws and
regulations governing the operation of a nursing home;
3. Conviction of a felony or any misdemeanor involving abuse,
neglect, or moral turpitude;
4. Violating or cooperating with others in violating any of
the provisions of Chapters 1 (§ 54.1-100 et seq.), 24 (§ 54.1-2400 et
seq.), and this chapter 31 (§ 54.1-3100 et seq.) of the Code of
Virginia or regulations of the board; or
5. Inability to practice with reasonable skill or
safety by reason of illness or substance abuse or as a result of any mental
or physical condition;
6. Abuse, negligent practice, or misappropriation of a
resident's property;
7. Entering into a relationship with a resident that
constitutes a professional boundary violation in which the administrator uses
his professional position to take advantage of the vulnerability of a resident
or his family, to include actions that result in personal gain at the expense
of the resident, an inappropriate personal involvement or sexual conduct with a
resident;
8. The denial, revocation, suspension, or restriction of a
license to practice in another state, the District of Columbia, or a United
States possession or territory;
9. Assuming duties and responsibilities within the practice
of nursing home administration without adequate training or when competency has
not been maintained;
10. Obtaining supplies, equipment, or drugs for personal or
other unauthorized use;
11. Falsifying or otherwise altering resident or employer
records, including falsely representing facts on a job application or other
employment-related documents;
12. Fraud or deceit in procuring or attempting to procure a
license or registration or seeking reinstatement of a license or registration;
or
13. Employing or assigning unqualified persons to perform
functions that require a license, certificate, or registration.
18VAC95-20-471. Criteria for delegation of informal
fact-finding proceedings to an agency subordinate. (Repealed.)
A. Decision to delegate. In accordance with § 54.1-2400
(10) of the Code of Virginia, the board may delegate an informal fact-finding
proceeding to an agency subordinate upon determination that probable cause
exists that a practitioner may be subject to a disciplinary action.
B. Criteria for delegation. Cases that may not be
delegated to an agency subordinate include violations of standards of practice
as set forth in subdivisions 1, 3 and 5 of 18VAC95-20-470, except as may
otherwise be determined by a special conference committee of the board.
C. Criteria for an agency subordinate.
1. 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.
2. The executive director shall maintain a list of
appropriately qualified persons to whom an informal fact-finding proceeding may
be delegated.
3. 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.
Part I
General Provisions
18VAC95-30-10. Definitions.
A. The following words and terms when used in this chapter
shall have the definitions ascribed to them in § 54.1-3100 of the Code of
Virginia:
"Assisted living facility"
"Assisted living facility administrator"
"Board"
B. The following words and terms when used in this chapter
shall have the following meanings unless the context indicates otherwise:
"Accredited institution" means any
degree-granting college or university accredited by an accrediting body
approved by the U.S. Department of Education.
"Active practice" means a minimum of 1,000 hours
of practice as an assisted living facility administrator within the preceding
24 months.
"Administrator-of-record" means the licensed
assisted living facility administrator designated in charge of the general
administration and management of an assisted living facility, including
compliance with applicable regulations, and identified as such to the
facility's licensing agency.
"ALF AIT" means an a person enrolled in
an administrator-in-training program in a licensed assisted living facility
administrator-in-training.
"Approved sponsor" means an individual,
business, or organization approved by NAB or by an accredited institution to
offer continuing education programs in accordance with this chapter.
"Continuing education" means the educational
activities that serve to maintain, develop, or increase the knowledge, skills,
performance, and competence recognized as relevant to the assisted living
facility administrator's professional responsibilities.
"Domains of practice" means the content areas of
tasks, knowledge and skills necessary for administration of a residential care/assisted
care or assisted living facility as approved by the National
Association of Long Term Care Administrator Boards NAB.
"Full time" means employment of at least 35
hours per week.
"Hour" means 50 minutes of participation in a
program for obtaining continuing education.
"Internship" means a practicum or course of
study as part of a degree or post-degree program designed especially for the
preparation of candidates for licensure as assisted living facility
administrators that involves supervision by an accredited college or university
of the practical application of previously studied theory.
"NAB" means the National Association of Long Term
Care Administrator Boards.
"National examination" means a test used by the
board to determine the competence of candidates for licensure as administered
by NAB or any other examination approved by the board.
"Preceptor" means an assisted living facility
administrator or nursing home administrator currently licensed and registered
to conduct an ALF AIT program.
18VAC95-30-40. Required fees.
A. The applicant or licensee shall submit all fees below
in this subsection that apply:
|
1. ALF AIT program application
|
$215
|
|
2. Preceptor application
|
$65
|
|
3. Licensure application
|
$315
|
|
4. Verification of licensure
requests from other states
|
$35
|
|
5. Assisted living facility
administrator license renewal
|
$315
|
|
6. Preceptor renewal
|
$65
|
|
7. Penalty for assisted living
facility administrator late renewal
|
$110
|
|
8. Penalty for preceptor late
renewal
|
$25
|
|
9. Assisted living facility
administrator reinstatement
|
$435
|
|
10. Preceptor reinstatement
|
$105
|
|
11. Duplicate license
|
$25
|
|
12. Duplicate wall certificates
|
$40
|
|
13. Returned check
|
$35
|
|
14. Reinstatement after
disciplinary action
|
$1,000
|
B. Fees shall not be refunded once submitted.
C. Examination fees are to be paid directly to the service
contracted by the board to administer the examination.
D. For the first renewal after the effective date of this
regulation, the following one-time shortfall assessment shall apply:
|
1. Assisted living facility
administrator license renewal
|
$100
|
|
2. Preceptor renewal
|
$20
|
18VAC95-30-70. Continuing education requirements.
A. In order to renew an assisted living administrator
license, an applicant shall attest on his renewal application to completion of
20 hours of approved continuing education for each renewal year.
1. Up to 10 of the 20 hours may be obtained through Internet
or self-study courses and up to 10 continuing education hours in excess of the
number required may be transferred or credited to the next renewal year.
2. Up to two hours of the 20 hours required for annual renewal
may be satisfied through delivery of services, without compensation, to
low-income individuals receiving health services through a local health
department or a free clinic organized in whole or primarily for the delivery of
those services. One hour of continuing education may be credited for one hour
of providing such volunteer services, as documented by the health department or
free clinic.
3. A licensee is exempt from completing continuing education
requirements for the first renewal following initial licensure in Virginia.
B. In order for continuing education to be approved by the
board, it shall (i) be related to the domains of practice for residential
care/assisted living and approved or offered by NAB, an accredited educational
institution, or a governmental agency, or (ii) be as provided in
subdivision A 2 of this section.
C. Documentation of continuing education.
1. The licensee shall retain in his personal files for a
period of three renewal years complete documentation of continuing education
including evidence of attendance or participation as provided by the approved
sponsor for each course taken.
2. Evidence of attendance shall be an original document
provided by the approved sponsor and shall include:
a. Date or dates the course was taken;
b. Hours of attendance or participation;
c. Participant's name; and
d. Signature of an authorized representative of the approved
sponsor.
3. If contacted for an audit, the licensee shall forward to
the board by the date requested a signed affidavit of completion on forms
provided by the board and evidence of attendance or participation as provided
by the approved sponsor.
D. The board may grant an extension of up to one year or an
exemption for all or part of the continuing education requirements due to circumstances
beyond the control of the administrator, such as a certified illness, a
temporary disability, mandatory military service, or officially declared
disasters. The request for an extension shall be submitted in writing and
granted by the board prior to the renewal date.
18VAC95-30-90. Reinstatement for an assisted living facility
administrator license or preceptor registration.
A. The board may reinstate an assisted living facility
administrator license or preceptor registration that was not renewed within one
year of the initial expiration date.
B. An applicant for assisted living facility administrator
license reinstatement shall apply on a reinstatement form provided by the
board, submit the reinstatement fee, and provide one of the following:
1. Evidence of the equivalent of 20 hours of continuing
education for each year since the last renewal, not to exceed a total of 60
hours.
2. Evidence of active practice in another state or U.S.
United States jurisdiction or in the U.S. United States
armed services during the period licensure in Virginia was lapsed.
3. Evidence of requalifying for licensure by meeting the
requirements prescribed in 18VAC95-30-100 and 18VAC95-30-110.
C. An applicant for preceptor reinstatement shall apply on a
reinstatement form provided by the board, submit the reinstatement fee, and
meet the current requirements for a preceptor in effect at the time of
application for reinstatement.
D. Any person whose license or registration has been
suspended, revoked, or denied renewal by the board under the provisions of
18VAC95-30-210 shall, in order to be eligible for reinstatement, (i) submit a
reinstatement application to the board for a license, (ii) pay the appropriate
reinstatement fee, and (iii) submit any other credentials as prescribed by the
board. After a hearing, the board may, at its discretion, grant the
reinstatement.
18VAC95-30-100. Educational and training requirements for
initial licensure.
A. To be qualified for initial licensure as an assisted
living facility administrator, an applicant shall hold a high school diploma or
general education diploma (GED) and hold one of the following qualifications:
1. Administrator-in-training program.
a. Complete at least 30 semester hours in an accredited
college or university in any subject and 640 hours in an ALF AIT program
as specified in 18VAC95-30-150;
b. Complete an educational program as a licensed practical
nurse and hold a current, unrestricted license or multistate licensure
privilege and 640 hours in an ALF AIT program;
c. Complete an educational program as a registered nurse and
hold a current, unrestricted license or multistate licensure privilege and 480
hours in an ALF AIT program;
d. Complete at least 30 semester hours in an accredited
college or university with courses in the content areas of (i) client/resident
care;, (ii) human resources management;, (iii)
financial management;, (iv) physical environment;,
and (v) leadership and governance;, and 320 480
hours in an ALF AIT program;
e. Hold a master's or a baccalaureate degree in health
care-related field or a comparable field that meets the requirements of
subsection B of this section with no internship or practicum and 320 hours in
an ALF AIT program; or
f. Hold a master's or baccalaureate degree in an unrelated
field and 480 hours in an ALF AIT program; or
2. Certificate program.
Hold a baccalaureate or higher degree in a field unrelated to
health care from an accredited college or university and successfully complete
a certificate program with a minimum of 21 semester hours study in a health
care-related field that meets course content requirements of subsection
B of this section from an accredited college or university and successfully
complete not less than a 320-hour internship or practicum that addresses the
domains of practice as specified in 18VAC95-30-160 in a licensed assisted
living facility as part of the certificate program under the supervision of a
preceptor; or
3. Degree and practical experience.
Hold a baccalaureate or higher degree in a health care-related
field that meets the course content requirements of subsection B of this
section from an accredited college or university and have completed not less
than a 320-hour internship or practicum that addresses the Domains of Practice
as specified in 18VAC95-30-160 in a licensed assisted living facility as part
of the degree program under the supervision of a preceptor.
B. To meet the educational requirements for a degree in a
health care-related field, an applicant must provide a an official
transcript from an accredited college or university that documents successful
completion of a minimum of 21 semester hours of coursework concentrated on the
administration and management of health care services to include a minimum of
six semester hours in the content area set out in subdivision 1 of this
subsection, three semester hours in each of the content areas in subdivisions 2
through 5 of this subsection, and three semester hours for an internship or
practicum.
1. Resident/client services management Customer
care, supports, and services;
2. Human resource management resources;
3. Financial management Finance;
4. Physical environment management Environment;
5. Leadership and governance management.
18VAC95-30-120. Qualifications for licensure by endorsement or
credentials.
A. If applying from any state or the District of Columbia in
which a license, certificate, or registration is required to be the
administrator of an assisted living facility, an applicant for licensure by
endorsement shall hold a current, unrestricted license, certificate, or
registration from that state or the District of Columbia. If applying from a
jurisdiction that does not have such a requirement, an applicant may apply for
licensure by credentials, and no evidence of licensure, certification,
or registration is required.
B. The board may issue a license to any person who:
1. Meets the provisions of subsection A of this section;
2. Has not been the subject of a disciplinary action taken by
any jurisdiction in which he was found to be in violation of law or regulation
governing practice and which, in the judgment of the board, has not remediated;
3. Meets one of the following conditions:
a. Has practiced as the administrator of record been
engaged in active practice as an assisted living facility administrator in
an assisted living facility that provides assisted living care as defined in §
63.2-100 of the Code of Virginia for at least two of the four years
immediately preceding application to the board; or
b. Has education and experience substantially equivalent to
qualifications required by this chapter and has provided written evidence of
those qualifications at the time of application for licensure; and
4. Has successfully passed a national credentialing examination
for administrators of assisted living facilities approved by the board.
18VAC95-30-130. Application package.
A. An application for licensure shall be submitted after the
applicant completes the qualifications for licensure.
B. An individual seeking licensure as an assisted living
facility administrator or registration as a preceptor shall submit:
1. A completed application as provided by the board;
2. Additional documentation as may be required by the board to
determine eligibility of the applicant, to include the most recent survey
report if the applicant has been serving as an acting administrator of a
facility;
3. The applicable fee;
4. An attestation that he has read and understands and will
remain current with the applicable Virginia laws and the regulations relating
to assisted living facilities; and
5. A current report from the U.S. Department of Health and
Human Services National Practitioner Data Bank (NPDB).
C. With the exception of school transcripts, examination
scores, the NPDB report, employer verifications, and verifications from
other state boards, all parts of the application package shall be submitted at
the same time. An incomplete package shall be retained by the board for one
year, after which time the application shall be destroyed and a new application
and fee shall be required.
Part IV
Administrator-in-Training Program
18VAC95-30-140. Training qualifications.
A. To be approved as an ALF administrator-in-training, a
person shall:
1. Meet the requirements of 18VAC95-30-100 A 1;
2. Obtain a registered preceptor to provide training;
3. Submit the application and Domains of Practice form
provided by the board and the fee prescribed in 18VAC95-30-40; and
4. Submit additional documentation as may be necessary to
determine eligibility of the applicant and the number of hours required for the
ALF AIT program.
B. With the exception of school transcripts, all required
parts of the application package shall be submitted at the same time. An
incomplete package shall be retained by the board for one year after which time
the application shall be destroyed and a new application and fee shall be
required.
18VAC95-30-150. Required hours of training.
A. The ALF AIT program shall consist of hours of continuous
training as specified in 18VAC95-30-100 A 1 in a facility as prescribed in
18VAC95-30-170 to be completed within 24 months, except a person in an ALF AIT
program who has been approved by the board and is serving as an acting
administrator shall complete the program within 150 days. An extension may be
granted by the board on an individual case basis. The board may reduce the
required hours for applicants with certain qualifications as prescribed in
subsection B of this section.
B. An ALF AIT program applicant with prior health care
work experience may request approval to receive hours of credit toward the
total hours as follows:
1. An applicant who has been employed full time for one of the
past four years immediately prior to application as an assistant administrator
in a licensed assisted living facility or nursing home or as a hospital
administrator shall complete 320 hours in an ALF AIT program;
2. An applicant who holds a license or a multistate licensure
privilege as a registered nurse and who has held an administrative level
supervisory position in nursing for at least one of the past four consecutive
years in a licensed assisted living facility or nursing home shall complete 320
hours in an ALF AIT program; or
3. An applicant who holds a license or a multistate licensure
privilege as a licensed practical nurse and who has held an administrative
level supervisory position in nursing for at least one of the past four
consecutive years in a licensed assisted living facility or nursing home shall
complete 480 hours in an ALF AIT program.
18VAC95-30-170. Training facilities.
A. Training in an ALF AIT program or for an internship
or practicum shall be conducted only in:
1. An assisted living facility or unit licensed by the
Virginia Board of Social Services or by a similar licensing body in another
jurisdiction;
2. An assisted living facility owned or operated by an agency
of any city, county, or the Commonwealth or of the United States government; or
3. An assisted living unit located in and operated by a
licensed hospital as defined in § 32.1-123 of the Code of Virginia, a
state-operated hospital, or a hospital licensed in another jurisdiction.
B. Training shall not be conducted in a facility with a
provisional license as determined by the Department of Social Services.
18VAC95-30-180. Preceptors.
A. Training in an ALF AIT program shall be under the
supervision of a preceptor who is registered or recognized by Virginia or a
similar licensing board in another jurisdiction.
B. To be registered by the board as a preceptor, a person
shall:
1. Hold a current, unrestricted Virginia assisted living
facility administrator or nursing home administrator license;
2. Be employed full time as an administrator in a training
facility or facilities for a minimum of one two of the past four
years immediately prior to registration or be a regional administrator with
on-site supervisory responsibilities for a training facility or facilities; and
3. Provide evidence that he has completed the online
preceptor training course offered by NAB; and
4. Submit an application and fee as prescribed in
18VAC95-30-40. The board may waive such application and fee for a person who is
already approved as a preceptor for nursing home licensure.
C. A preceptor shall:
1. Provide direct instruction, planning, and evaluation;
2. Be routinely present with the trainee in the training
facility as appropriate to the experience and training of the ALF AIT and
the needs of the residents in the facility; and
3. Continually evaluate the development and experience of the
trainee to determine specific areas needed for concentration.
D. A preceptor may supervise no more than two trainees at any
one time.
E. A preceptor for a person who is serving as an acting
administrator while in an ALF AIT program shall be present in the training
facility for face-to-face instruction and review of the trainee's performance
for a minimum of two four hours per week.
F. To renew registration as a preceptor, a person shall:
1. Hold a current, unrestricted Virginia assisted living
facility or nursing home license and be employed by or have an agreement with a
training facility for a preceptorship; and
2. Meet the renewal requirements of 18VAC95-30-60.
18VAC95-30-200. Interruption or termination of program.
A. If the program is interrupted because the registered preceptor
is unable to serve, the trainee shall notify the board within 10 working days
and shall obtain a new preceptor who is registered with the board within 60
days.
1. Credit for training shall resume when a new preceptor is
obtained and approved by the board.
2. If an alternate training plan is developed, it shall be
submitted to the board for approval before the trainee resumes training.
B. If the training program is terminated prior to completion,
the trainee and the preceptor shall each submit a written explanation of the
causes of program termination to the board within five working 10
business days. The preceptor shall also submit all required monthly
progress reports completed prior to termination within 10 business days.
Part V
Refusal, Suspension, Revocation and Disciplinary Action
18VAC95-30-210. Unprofessional conduct.
The board may refuse to admit a candidate to an examination,
refuse to issue or renew a license or registration or grant
approval to any applicant, suspend a license or registration for a
stated period of time or indefinitely, reprimand a licensee or registrant,
place his license or registration on probation with such terms and
conditions and for such time as it may designate, impose a monetary penalty, or
revoke a license or registration for any of the following causes:
1. Conducting the practice of assisted living administration
in such a manner as to constitute a danger to the health, safety, and
well-being of the residents, staff, or public;
2. Failure to comply with federal, state, or local laws and
regulations governing the operation of an assisted living facility;
3. Conviction of a felony or any misdemeanor involving abuse,
neglect, or moral turpitude;
4. Failure to comply with any regulations of the board; or
Violating or cooperating with others in violating any of the provisions of
Chapters 1 (§ 54.1-100 et seq.), 24 (§ 54.1-2400 et seq.), and 31
(§ 54.1-3100 et seq.) of the Code of Virginia or regulations of the board;
5. Inability to practice with reasonable skill or
safety by reason of illness or substance abuse or as a result of any mental
or physical condition;
6. Abuse, negligent practice, or misappropriation of a
resident's property;
7. Entering into a relationship with a resident that
constitutes a professional boundary violation in which the administrator uses
his professional position to take advantage of the vulnerability of a resident
or his family, to include actions that result in personal gain at the expense
of the resident, an inappropriate personal involvement or sexual conduct with a
resident;
8. The denial, revocation, suspension, or restriction of a
license to practice in another state, the District of Columbia or a United
States possession or territory;
9. Assuming duties and responsibilities within the practice
of assisted living facility administration without adequate training or when
competency has not been maintained;
10. Obtaining supplies, equipment, or drugs for personal or
other unauthorized use;
11. Falsifying or otherwise altering resident or employer
records, including falsely representing facts on a job application or other
employment-related documents;
12. Fraud or deceit in procuring or attempting to procure a
license or registration or seeking reinstatement of a license or registration;
or
13. Employing or assigning unqualified persons to perform
functions that require a license, certificate, or registration.
VA.R. Doc. No. R17-4984; Filed July 20, 2017, 11:54 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF LONG-TERM CARE ADMINISTRATORS
Proposed Regulation
Titles of Regulations: 18VAC95-20. Regulations
Governing the Practice of Nursing Home Administrators (amending 18VAC95-20-10, 18VAC95-20-80,
18VAC95-20-175, 18VAC95-20-180, 18VAC95-20-200, 18VAC95-20-220, 18VAC95-20-221,
18VAC95-20-225, 18VAC95-20-230, 18VAC95-20-300, 18VAC95-20-340, 18VAC95-20-380,
18VAC95-20-390, 18VAC95-20-430, 18VAC95-20-470; repealing 18VAC95-20-471).
18VAC95-30. Regulations Governing the Practice of Assisted
Living Facility Administrators (amending 18VAC95-30-10, 18VAC95-30-40,
18VAC95-30-70, 18VAC95-30-90, 18VAC95-30-100, 18VAC95-30-120, 18VAC95-30-130,
18VAC95-30-140, 18VAC95-30-150, 18VAC95-30-170, 18VAC95-30-180, 18VAC95-30-200,
18VAC95-30-210).
Statutory Authority: § 54.1-2400 of the Code of
Virginia.
Public Hearing Information:
September 12, 2017 - 9:35 a.m. - Department of Health
Professions, Perimeter Center, 9960 Mayland Drive, 2nd Floor, Suite 201, Board
Room 1, Henrico, VA
Public Comment Deadline: October 22, 2017.
Agency Contact: Corie Tillman Wolf, Executive Director,
Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Henrico,
VA 23233-1463, telephone (804) 367-4595, FAX (804) 527-4413, or email
corie.wolf@dhp.virginia.gov.
Basis: Section 54.1-2400 of the Code of Virginia
provides the general authority for the regulatory boards to promulgate
regulations that are reasonable and necessary to administer effectively the
regulatory system.
The specific mandate for the Board of Long-Term Care
Administrators to license nursing home and assisted living facility
administrators is found in § 54.1-3102 of the Code of
Virginia.
Purpose: In addition to updating and clarifying the
regulations, the Board of Long-Term Care Administrators proposes to include the
Health Services Executive (HSE) credential as a qualification for licensure.
The HSE is a new credential approved by the National Association of Long-Term
Care Administrator Boards (NAB). Since the HSE incorporates and broadens the
current qualifications for licensure as a nursing home administrator, it will
provide adequate assurance of competency for practice and protection of the
health and safety of the public served in long-term care facilities.
Additionally, the board proposes to expand the grounds for
disciplinary actions or denial of licensure to include causes that would be
considered unprofessional conduct but are not explicitly listed in the current
regulation. Causes or grounds for action currently listed in regulations of
other boards, such as the Board of Nursing, will be adopted in amendments for
these professions. With more specificity on unprofessional conduct, the board
will have a greater ability to fulfill its mission of public protection.
Substance: Most of the amendments that the board has
identified in its periodic review and has proposed are editorial or intended to
clarify existing language. Specifically, the board has proposed changes in the
following sections:
Regulations Governing the Practice of Nursing Home Administrators.
18VAC95-20-10. Definitions. Add a definition for "active
practice" as a minimum of 1,000 hours within the preceding 24 months.
18VAC95-20-175. Continuing education requirements. Include
additional requirements for extension requests.
18VAC95-20-220. Educational and training requirements for
initial licensure. Add designation as Health Services Executive by NAB as a
category that meets qualifications for initial licensure as a nursing home
administrator (NHA).
18VAC95-20-221. Required content for coursework.
• Require official transcript from accredited college or
university.
• Rename content area categories to align with those in NAB
Domains of Practice.
18VAC95-20-230. Application package. Include employer
verifications as documents that are not required to be part of the application
package to be submitted at the same time.
18VAC95-20-300. Administrator-in-training qualifications.
• Require that registered preceptors provide training.
• Require submission of Domains of Practice form with application.
18VAC95-20-340. Supervision of trainees. Modify the requirement
for the supervisor to be routinely in the training facility to include "as
appropriate to the experience and training of the AIT and the needs of the
residents."
18VAC95-20-180. Qualifications of preceptors. Specify a
requirement for the registration as a preceptor that an administrator must
complete the online preceptor training course offered by NAB.
18VAC95-20-430. Termination of program. Modify timing of
written explanations to be provided to the board upon termination of a NHA
administrator-in-training (AIT) program.
18VAC95-20-470. Unprofessional conduct.
• Include registrations as subject to board discipline.
• Add enumerated causes that would permit the board to refuse,
deny, suspend, or revoke a license, or otherwise impose discipline.
Regulations Governing the Practice Assisted Living Facility
Administrators.
18VAC95-30-10. Definitions.
• Include additional definitions to clarify references in
regulations.
• Add a definition for "active practice" as a
minimum of 1,000 hours within the preceding 24 months.
18VAC95-30-70. Continuing education requirements. Include
additional requirements for extension requests.
18VAC95-30-100. Educational and training requirements for
initial licensure.
• Modify the AIT hours for persons with 30 hours of course
credit to be consistent with persons who hold licensure as a registered nurse;
AIT hours change from 320 to 480 hours.
• Require an official transcript of accredited college or
university coursework.
• Make coursework references consistent with terminology in
NAB Domains of Practice.
18VAC95-30-130. Application package. Include employer
verifications as documents that are not required to be part of the application
package to be submitted at the same time.
18VAC95-30-140. Training qualifications.
• Require that registered preceptors provide training.
• Require submission of Domains of Practice form with
application.
18VAC95-30-170. Training facilities. Include requirement that
training not occur at provisional or provisionally licensed facilities as
defined by the Department of Social Services.
18VAC95-30-180. Preceptors.
• Increase required years of full-time employment for
registration as a preceptor from one to two years.
• Clarify that "routinely present" with the trainee
in the facility must be appropriate to the experience and training of the
assisted living facility AIT and the needs of the residents.
• Increase in weekly face-to-face instruction and review time
with a trainee who is an acting administrator trainee.
• Require training for preceptors using preceptor training
modules now available through NAB.
• Specify requirements for renewal of registration.
18VAC95-30-200. Interruption or termination of program. Modify
timing of written explanations to be provided to the board upon termination of
an assisted living facility AIT program.
18VAC95-30-210. Unprofessional conduct.
• Include registrations as subject to board discipline.
• Add enumerated causes that would permit the board to refuse,
deny, suspend, or revoke a license, or otherwise impose discipline.
Issues: The primary advantages of the amendments to the
public are more clarity in the requirements for active practice and for
oversight of AITs, additional training for preceptors of AITs, and additional
grounds for a finding of unprofessional conduct. All changes will benefit
residents of long-term care facilities, who are often the elderly and most
vulnerable members of the public. There are no disadvantages to the public.
There are no advantages or disadvantages to the Commonwealth.
The proposed amendments are a foreseeable result of the statute
requiring the board to protect the health and safety of citizens of the
Commonwealth. The additional qualification for licensure as a nursing home
administrator is an option that may be chosen by applicants. There are no
additional requirements that would constitute a competitive disadvantage or
have an impact on competition.
Small Business Impact Review Report of Findings: This
proposed regulatory action serves as the report of the findings of the
regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. As a result
of periodic reviews,1 the Board of Long-Term Care Administrators
(Board) proposes to generally update the regulatory language. There are
numerous proposed changes, but the most notable changes are accepting the
Health Services Executive (HSE) credential as a qualification for licensure and
adding grounds for disciplinary action that would be considered unprofessional
conduct but are not explicitly listed in the regulation.
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact. According to the Board, the HSE credential
is a new credential approved by the National Association of Long-Term Care
Administrator Boards. The Board proposes to accept the HSE credential as a new
pathway for licensure as a nursing home administrator. Currently, there are
three pathways: degree and practical experience, certificate program, and
administrator-in-training program. Under the proposed regulation, individuals
who prefer the HSE option would be allowed to pursue it. This would be
beneficial for potential administrators who would prefer this path over the
three existing paths to licensure. The Board staff believes that possessing the
new credential indicates that the applicant would be at least as well qualified
to safely perform the duties of a nursing home administrator as an applicant
who completed one of the three existing pathways. Thus, the benefits of the
proposed acceptance of the new credential for licensure should exceed the cost.
The Board also proposes to explicitly state additional grounds
for disciplinary action that would be considered unprofessional conduct even
without the proposed language. Since this change is simply a clarification, no
significant economic impact is expected. However, clarification of what is
considered unprofessional conduct would improve the clarity of regulation and
may improve its enforcement.
Businesses and Entities Affected. The proposed amendments
potentially affect the 891 nursing home administrators and 615 assisted living
administrators in Virginia.
Localities Particularly Affected. The proposed regulation will
not affect any particular locality more than others.
Projected Impact on Employment. The proposed regulation is not
anticipated to have a significant impact on employment.
Effects on the Use and Value of Private Property. No effect on
the use and value of private property is expected.
Real Estate Development Costs. No impact on real estate
development costs is expected.
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 regulation does not
directly apply to small businesses. However, if a nursing home or an assisted
living administrator works for a small business it may be beneficial to that
small business as the proposed regulation allows a new pathway to administrator
licensure.
Alternative Method that Minimizes Adverse Impact. The proposed
regulation does not introduce an adverse impact on small businesses.
Adverse Impacts:
Businesses. The proposed regulation does not have an adverse
impact on businesses.
Localities. The proposed regulation will not adversely affect
localities.
Other Entities. The proposed regulation will not adversely
other entities.
____________________________
1 http://townhall.virginia.gov/L/ViewPReview.cfm?PRid=1506
Agency's Response to Economic Impact Analysis: The Board
of Long-Term Care Administrators concurs with the analysis of the Department of
Planning and Budget.
Summary:
As a result of periodic reviews of the nursing home
administrator and assisted living facility administrator regulations, the
proposed amendments make numerous changes. The most notable changes (i) add the
Health Services Executive credential as a qualification for licensure and (ii)
expand the grounds for disciplinary actions or denial of licensure to include
causes that would be considered unprofessional conduct but are not explicitly
listed in the current regulation.
Part I
General Provisions
18VAC95-20-10. Definitions.
A. The following words and terms when used in this chapter
shall have the definitions ascribed to them in § 54.1-3100 of the Code of
Virginia:
"Board"
"Nursing home"
"Nursing home administrator"
B. The following words and terms when used in this chapter
shall have the following meanings unless the context indicates otherwise:
"Accredited institution" means any degree-granting
college or university accredited by an accrediting body approved by the United
States U.S. Department of Education.
"Active practice" means a minimum of 1,000 hours
of practice as a licensed nursing home administrator within the preceding 24
months.
"AIT" means a person enrolled in the
administrator-in-training program in nursing home administration in a licensed
nursing home.
"Administrator-of-record" means the licensed
nursing home administrator designated in charge of the general administration
of the facility and identified as such to the facility's licensing agency.
"Approved sponsor" means an individual, business,
or organization approved by the National Association of Long Term Care
Administrator Boards NAB or by an accredited institution to offer
continuing education programs in accordance with this chapter.
"Continuing education" means the educational
activities which that serve to maintain, develop, or increase the
knowledge, skills, performance, and competence recognized as relevant to the
nursing home administrator's professional responsibilities.
"Full time" means employment of at least 35 hours
per week.
"Hour" means 50 minutes of participation in a
program for obtaining continuing education.
"Internship" means a practicum or course of study
as part of a degree or post-degree program designed especially for the
preparation of candidates for licensure as nursing home administrators that
involves supervision by an accredited college or university of the practical
application of previously studied theory.
"NAB" means the National Association of Long
Term Care Administrator Boards.
"National examination" means a test used by the
board to determine the competence of candidates for licensure as administered
by the National Association of Long Term Care Administrator Boards NAB
or any other examination approved by the board.
"Preceptor" means a nursing home administrator currently
licensed and registered or recognized by a nursing home administrator licensing
board to conduct an administrator-in-training (AIT) program.
18VAC95-20-80. Required fees.
A. The applicant or
licensee shall submit all fees below that apply:
|
1. AIT
program application
|
$215
|
|
2. Preceptor application
|
$65
|
|
3. Licensure application
|
$315
|
|
4. Verification of licensure
requests from other states
|
$35
|
|
5. Nursing home administrator
license renewal
|
$315
|
|
6. Preceptor renewal
|
$65
|
|
7. Penalty for nursing home administrator
late renewal
|
$110
|
|
8. Penalty for preceptor late
renewal
|
$25
|
|
9. Nursing home administrator
reinstatement
|
$435
|
|
10. Preceptor reinstatement
|
$105
|
|
11. Duplicate license
|
$25
|
|
12. Duplicate wall certificates
|
$40
|
|
13. Reinstatement after disciplinary
action
|
$1,000
|
B. For the first renewal after the effective date of this
regulation, the following one-time shortfall assessment shall apply:
|
1. Nursing home license renewal
|
$100
|
|
2. Preceptor renewal
|
$20
|
18VAC95-20-175. Continuing education requirements.
A. In order to renew a nursing home administrator license, an
applicant shall attest on his renewal application to completion of 20 hours of
approved continuing education for each renewal year.
1. Up to 10 of the 20 hours may be obtained through Internet
or self-study courses and up to 10 continuing education hours in excess of the
number required may be transferred or credited to the next renewal year.
2. Up to two hours of the 20 hours required for annual renewal
may be satisfied through delivery of services, without compensation, to
low-income individuals receiving health services through a local health
department or a free clinic organized in whole or primarily for the delivery of
those services. One hour of continuing education may be credited for one hour
of providing such volunteer services, as documented by the health department or
free clinic.
3. A licensee is exempt from completing continuing education
requirements and considered in compliance on the first renewal date following
initial licensure.
B. In order for continuing education to be approved by the
board, it shall (i) be related to health care administration and shall be
approved or offered by the National Association of Long Term Care
Administrator Boards (NAB) NAB, an accredited institution, or a
government agency, or (ii) as provided in subdivision A 2 of this
section.
C. Documentation of continuing education.
1. The licensee shall retain in his personal files for a
period of three renewal years complete documentation of continuing education
including evidence of attendance or participation as provided by the approved
sponsor for each course taken.
2. Evidence of attendance shall be an original document
provided by the approved sponsor and shall include:
a. Date or dates the course was taken;
b. Hours of attendance or participation;
c. Participant's name; and
d. Signature of an authorized representative of the approved
sponsor.
3. If contacted for an audit, the licensee shall forward to
the board by the date requested a signed affidavit of completion on forms
provided by the board and evidence of attendance or participation as provided
by the approved sponsor.
D. The board may grant an extension of up to one year or an
exemption for all or part of the continuing education requirements due to
circumstances beyond the control of the administrator, such as a certified
illness, a temporary disability, mandatory military service, or officially
declared disasters. The request for an extension shall be received in
writing and granted by the board prior to the renewal date.
18VAC95-20-180. Late renewal.
A. A person who fails to renew his license or preceptor
registration by the expiration date shall, within one year of the
initial expiration date:
1. Return the renewal notice or request renewal in writing to
the board; and
2. Submit the applicable renewal fee and penalty late
fee.
B. The documents required in subsection A of this section
shall be received in the board office within one year of the initial expiration
date. Postmarks shall not be considered.
18VAC95-20-200. Reinstatement for nursing home administrator
license or preceptor registration.
A. The board may reinstate a nursing home administrator
license or preceptor registration that was not renewed within one year of the initial
expiration date.
B. An applicant for nursing home administrator license
reinstatement shall apply on a reinstatement form provided by the board, submit
the reinstatement fee, and provide one of the following:
1. Evidence of the equivalent of 20 hours of continuing
education for each year since the last renewal, not to exceed a total of 60
hours.
2. Evidence of active practice in another state or U.S.
United States jurisdiction or in the U.S. United States
armed services during the period licensure in Virginia was lapsed.
3. Evidence of requalifying for licensure by meeting the
requirements prescribed in 18VAC95-20-220 or 18VAC95-20-225.
C. An applicant for preceptor reinstatement shall apply on a
reinstatement form provided by the board, submit the reinstatement fee, and
meet the current requirements for a preceptor in effect at the time of
application for reinstatement.
D. Any person whose license or registration has been
suspended, revoked, or denied renewal by the board under the provisions of
18VAC95-20-470 shall, in order to be eligible for reinstatement, (i) submit a
reinstatement application to the board for a license, (ii) pay the appropriate
reinstatement fee, and (iii) submit any other credentials as prescribed by the
board. After a hearing, the board may, at its discretion, grant the
reinstatement.
Part III
Requirements for Licensure
18VAC95-20-220. Qualifications for initial licensure.
One of the following sets of qualifications is required for
licensure as a nursing home administrator:
1. Degree and practical experience. The applicant shall (i)
hold a baccalaureate or higher degree in a health care-related field that meets
the requirements of 18VAC95-20-221 from an accredited institution; (ii) have
completed not less than a 320-hour internship that addresses the Domains of
Practice as specified in 18VAC95-20-390 in a licensed nursing home as part of
the degree program under the supervision of a preceptor; and (iii) have
received a passing grade on the national examination;
2. Certificate program. The applicant shall (i) hold a
baccalaureate or higher degree from an accredited college or university;,
(ii) successfully complete a program with a minimum of 21 semester hours study
in a health care-related field that meets the requirements of 18VAC95-20-221
from an accredited institution;, (iii) successfully complete not
less than a 400-hour internship that addresses the Domains of Practice as
specified in 18VAC95-20-390 in a licensed nursing home as part of the
certificate program under the supervision of a preceptor;, and
(iv) have received a passing grade on the national examination; or
3. Administrator-in-training program. The applicant shall have
(i) successfully completed an AIT program which that meets the
requirements of Part IV (18VAC95-20-300 et seq.) of this chapter and,
(ii) received a passing grade on the national examination, and (iii)
completed the Domains of Practice form required by the board; or
4. Health Services Executive (HSE) credential. The
applicant shall provide evidence that he has met the minimum education,
experience, and examination standards established by NAB for qualification as a
Health Services Executive.
18VAC95-20-221. Required content for coursework.
To meet the educational requirements for a degree in a health
care-related field, an applicant must provide a an official
transcript from an accredited college or university that documents successful
completion of a minimum of 21 semester hours of coursework concentrated on the
administration and management of health care services to include a minimum of
three semester hours in each of the content areas in subdivisions 1 through 4
of this section, six semester hours in the content area set out in subdivision
5 of this section, and three semester hours for an internship.
1. Resident care and quality of life Customer care,
supports, services: Course content shall address program and service
planning, supervision, and evaluation to meet the needs of patients,
such as (i) nursing, medical and pharmaceutical care; (ii) rehabilitative,
social, psychosocial, and recreational services; (iii) nutritional
services; (iv) safety and rights protections; (v) quality assurance; and (vi)
infection control.
2. Human resources: Course content shall focus on personnel leadership
in a health care management role and must address organizational behavior and
personnel management skills such as (i) staff organization, supervision,
communication, and evaluation; (ii) staff recruitment, retention, and
training; (iii) personnel policy development and implementation; and (iv)
employee health and safety.
3. Finance: Course content shall address financial management
of health care programs and facilities such as (i) an overview of financial
practices and problems in the delivery of health care services; (ii) financial
planning, accounting, analysis, and auditing; (iii) budgeting; (iv)
health care cost issues; and (v) reimbursement systems and structures.
4. Physical environment and atmosphere Environment:
Course content shall address facility and equipment management such as (i)
maintenance;, (ii) housekeeping;, (iii) safety;,
(iv) inspections and compliance with laws and regulations;, and
(v) emergency preparedness.
5. Leadership and management: Course content shall address the
leadership roles in health delivery systems such as (i) government oversight
and interaction;, (ii) organizational policies and procedures;,
(iii) principles of ethics and law;, (iv) community coordination
and cooperation;, (v) risk management;, and (vi) governance
and decision making.
18VAC95-20-225. Qualifications for licensure by endorsement.
The board may issue a license to any person who:
1. Holds a current, unrestricted license from any state or the
District of Columbia; and
2. Meets one of the following conditions:
a. Has practiced nursing home administration for one year
been engaged in active practice as a licensed nursing home administrator;
or
b. Has education and experience equivalent to qualifications
required by this chapter and has provided written evidence of those
qualifications at the time of application for licensure.
18VAC95-20-230. Application package.
A. An application for licensure shall be submitted after the
applicant completes the qualifications for licensure.
B. An individual seeking licensure as a nursing home
administrator or registration as a preceptor shall submit:
1. A completed application as provided by the board;
2. Additional documentation as may be required by the board to
determine eligibility of the applicant;
3. The applicable fee;
4. An attestation that he has read and understands and will
remain current with the applicable Virginia laws and regulations relating to
the administration of nursing homes; and
5. A current report from the U.S. Department of Health and Human
Services National Practitioner Data Bank (NPDB).
C. With the exception of school transcripts, examination
scores, the NPDB report, employer verifications, and verifications from
other state boards, all parts of the application package shall be submitted at
the same time. An incomplete package shall be retained by the board for one
year, after which time the application shall be destroyed and a new application
and fee shall be required.
Part IV
Administrator-In-Training Program
18VAC95-20-300. Administrator-in-training qualifications.
A. To be approved as an administrator-in-training, a person
shall:
1. Have received a passing grade on a total of 60 semester
hours of education from an accredited institution;
2. Obtain a registered preceptor to provide training;
3. Submit the fee prescribed in 18VAC95-20-80;
4. Submit the application and Domains of Practice form
provided by the board; and
5. Submit additional documentation as may be necessary to
determine eligibility of the applicant and the number of hours required for the
AIT program.
B. With the exception of school transcripts, all required
parts of the application package shall be submitted at the same time. An
incomplete package shall be retained by the board for one year after which time
the application shall be destroyed and a new application and fee shall be
required.
18VAC95-20-340. Supervision of trainees.
A. Training shall be under the supervision of a preceptor who
is registered or recognized by a licensing board.
B. A preceptor may supervise no more than two AIT's at any
one time.
C. A preceptor shall:
1. Provide direct instruction, planning, and evaluation
in the training facility;
2. Shall be routinely present with the trainee in the training
facility as appropriate to the experience and training of the AIT and the
needs of the residents in the facility; and
3. Shall continually evaluate the development and experience
of the AIT to determine specific areas in the Domains of Practice that need to
be addressed.
18VAC95-20-380. Qualifications of preceptors.
A. To be registered by the board as a preceptor, a
person shall:
1. Hold a current, unrestricted Virginia nursing home
administrator license and be employed full time as an administrator of record
in a training facility for a minimum of two of the past three years immediately
prior to registration; and
2. Provide evidence that he has completed the online
preceptor training course offered by NAB; and
3. Meet the application requirements in 18VAC95-20-230.
B. To renew registration as a preceptor, a person shall:
1. Hold a current, unrestricted Virginia nursing home
license and be employed by or have an agreement with a training facility for a
preceptorship; and
2. Meet the renewal requirements of 18VAC95-20-170.
18VAC95-20-390. Training plan.
Prior to the beginning of the AIT program, the preceptor
shall develop and submit for board approval a training plan that shall include
and be designed around the specific training needs of the
administrator-in-training. The training plan shall address the Domains of
Practice approved by the National Association of Long Term Care
Administrator Boards NAB that is in effect at the time the training
program is submitted for approval. An AIT program shall include training in
each of the learning areas in the Domains of Practice.
18VAC95-20-430. Termination of program.
A. If the AIT program is terminated prior to completion, the
trainee and the preceptor shall each submit a written explanation of the causes
of program termination to the board within five working 10 business
days.
B. The preceptor shall also submit all required monthly
progress reports completed prior to termination.
Part V
Refusal, Suspension, Revocation, and Disciplinary Action
18VAC95-20-470. Unprofessional conduct.
The board may refuse to admit a candidate to an examination,
refuse to issue or renew a license or registration or approval to any
applicant, suspend a license for a stated period of time or indefinitely,
reprimand a licensee or registrant, place his license or registration
on probation with such terms and conditions and for such time as it may
designate, impose a monetary penalty, or revoke a license or registration
for any of the following causes:
1. Conducting the practice of nursing home administration in
such a manner as to constitute a danger to the health, safety, and well-being
of the residents, staff, or public;
2. Failure to comply with federal, state, or local laws and
regulations governing the operation of a nursing home;
3. Conviction of a felony or any misdemeanor involving abuse,
neglect, or moral turpitude;
4. Violating or cooperating with others in violating any of
the provisions of Chapters 1 (§ 54.1-100 et seq.), 24 (§ 54.1-2400 et
seq.), and this chapter 31 (§ 54.1-3100 et seq.) of the Code of
Virginia or regulations of the board; or
5. Inability to practice with reasonable skill or
safety by reason of illness or substance abuse or as a result of any mental
or physical condition;
6. Abuse, negligent practice, or misappropriation of a
resident's property;
7. Entering into a relationship with a resident that
constitutes a professional boundary violation in which the administrator uses
his professional position to take advantage of the vulnerability of a resident
or his family, to include actions that result in personal gain at the expense
of the resident, an inappropriate personal involvement or sexual conduct with a
resident;
8. The denial, revocation, suspension, or restriction of a
license to practice in another state, the District of Columbia, or a United
States possession or territory;
9. Assuming duties and responsibilities within the practice
of nursing home administration without adequate training or when competency has
not been maintained;
10. Obtaining supplies, equipment, or drugs for personal or
other unauthorized use;
11. Falsifying or otherwise altering resident or employer
records, including falsely representing facts on a job application or other
employment-related documents;
12. Fraud or deceit in procuring or attempting to procure a
license or registration or seeking reinstatement of a license or registration;
or
13. Employing or assigning unqualified persons to perform
functions that require a license, certificate, or registration.
18VAC95-20-471. Criteria for delegation of informal
fact-finding proceedings to an agency subordinate. (Repealed.)
A. Decision to delegate. In accordance with § 54.1-2400
(10) of the Code of Virginia, the board may delegate an informal fact-finding
proceeding to an agency subordinate upon determination that probable cause
exists that a practitioner may be subject to a disciplinary action.
B. Criteria for delegation. Cases that may not be
delegated to an agency subordinate include violations of standards of practice
as set forth in subdivisions 1, 3 and 5 of 18VAC95-20-470, except as may
otherwise be determined by a special conference committee of the board.
C. Criteria for an agency subordinate.
1. 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.
2. The executive director shall maintain a list of
appropriately qualified persons to whom an informal fact-finding proceeding may
be delegated.
3. 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.
Part I
General Provisions
18VAC95-30-10. Definitions.
A. The following words and terms when used in this chapter
shall have the definitions ascribed to them in § 54.1-3100 of the Code of
Virginia:
"Assisted living facility"
"Assisted living facility administrator"
"Board"
B. The following words and terms when used in this chapter
shall have the following meanings unless the context indicates otherwise:
"Accredited institution" means any
degree-granting college or university accredited by an accrediting body
approved by the U.S. Department of Education.
"Active practice" means a minimum of 1,000 hours
of practice as an assisted living facility administrator within the preceding
24 months.
"Administrator-of-record" means the licensed
assisted living facility administrator designated in charge of the general
administration and management of an assisted living facility, including
compliance with applicable regulations, and identified as such to the
facility's licensing agency.
"ALF AIT" means an a person enrolled in
an administrator-in-training program in a licensed assisted living facility
administrator-in-training.
"Approved sponsor" means an individual,
business, or organization approved by NAB or by an accredited institution to
offer continuing education programs in accordance with this chapter.
"Continuing education" means the educational
activities that serve to maintain, develop, or increase the knowledge, skills,
performance, and competence recognized as relevant to the assisted living
facility administrator's professional responsibilities.
"Domains of practice" means the content areas of
tasks, knowledge and skills necessary for administration of a residential care/assisted
care or assisted living facility as approved by the National
Association of Long Term Care Administrator Boards NAB.
"Full time" means employment of at least 35
hours per week.
"Hour" means 50 minutes of participation in a
program for obtaining continuing education.
"Internship" means a practicum or course of
study as part of a degree or post-degree program designed especially for the
preparation of candidates for licensure as assisted living facility
administrators that involves supervision by an accredited college or university
of the practical application of previously studied theory.
"NAB" means the National Association of Long Term
Care Administrator Boards.
"National examination" means a test used by the
board to determine the competence of candidates for licensure as administered
by NAB or any other examination approved by the board.
"Preceptor" means an assisted living facility
administrator or nursing home administrator currently licensed and registered
to conduct an ALF AIT program.
18VAC95-30-40. Required fees.
A. The applicant or licensee shall submit all fees below
in this subsection that apply:
|
1. ALF AIT program application
|
$215
|
|
2. Preceptor application
|
$65
|
|
3. Licensure application
|
$315
|
|
4. Verification of licensure
requests from other states
|
$35
|
|
5. Assisted living facility
administrator license renewal
|
$315
|
|
6. Preceptor renewal
|
$65
|
|
7. Penalty for assisted living
facility administrator late renewal
|
$110
|
|
8. Penalty for preceptor late
renewal
|
$25
|
|
9. Assisted living facility
administrator reinstatement
|
$435
|
|
10. Preceptor reinstatement
|
$105
|
|
11. Duplicate license
|
$25
|
|
12. Duplicate wall certificates
|
$40
|
|
13. Returned check
|
$35
|
|
14. Reinstatement after
disciplinary action
|
$1,000
|
B. Fees shall not be refunded once submitted.
C. Examination fees are to be paid directly to the service
contracted by the board to administer the examination.
D. For the first renewal after the effective date of this
regulation, the following one-time shortfall assessment shall apply:
|
1. Assisted living facility
administrator license renewal
|
$100
|
|
2. Preceptor renewal
|
$20
|
18VAC95-30-70. Continuing education requirements.
A. In order to renew an assisted living administrator
license, an applicant shall attest on his renewal application to completion of
20 hours of approved continuing education for each renewal year.
1. Up to 10 of the 20 hours may be obtained through Internet
or self-study courses and up to 10 continuing education hours in excess of the
number required may be transferred or credited to the next renewal year.
2. Up to two hours of the 20 hours required for annual renewal
may be satisfied through delivery of services, without compensation, to
low-income individuals receiving health services through a local health
department or a free clinic organized in whole or primarily for the delivery of
those services. One hour of continuing education may be credited for one hour
of providing such volunteer services, as documented by the health department or
free clinic.
3. A licensee is exempt from completing continuing education
requirements for the first renewal following initial licensure in Virginia.
B. In order for continuing education to be approved by the
board, it shall (i) be related to the domains of practice for residential
care/assisted living and approved or offered by NAB, an accredited educational
institution, or a governmental agency, or (ii) be as provided in
subdivision A 2 of this section.
C. Documentation of continuing education.
1. The licensee shall retain in his personal files for a
period of three renewal years complete documentation of continuing education
including evidence of attendance or participation as provided by the approved
sponsor for each course taken.
2. Evidence of attendance shall be an original document
provided by the approved sponsor and shall include:
a. Date or dates the course was taken;
b. Hours of attendance or participation;
c. Participant's name; and
d. Signature of an authorized representative of the approved
sponsor.
3. If contacted for an audit, the licensee shall forward to
the board by the date requested a signed affidavit of completion on forms
provided by the board and evidence of attendance or participation as provided
by the approved sponsor.
D. The board may grant an extension of up to one year or an
exemption for all or part of the continuing education requirements due to circumstances
beyond the control of the administrator, such as a certified illness, a
temporary disability, mandatory military service, or officially declared
disasters. The request for an extension shall be submitted in writing and
granted by the board prior to the renewal date.
18VAC95-30-90. Reinstatement for an assisted living facility
administrator license or preceptor registration.
A. The board may reinstate an assisted living facility
administrator license or preceptor registration that was not renewed within one
year of the initial expiration date.
B. An applicant for assisted living facility administrator
license reinstatement shall apply on a reinstatement form provided by the
board, submit the reinstatement fee, and provide one of the following:
1. Evidence of the equivalent of 20 hours of continuing
education for each year since the last renewal, not to exceed a total of 60
hours.
2. Evidence of active practice in another state or U.S.
United States jurisdiction or in the U.S. United States
armed services during the period licensure in Virginia was lapsed.
3. Evidence of requalifying for licensure by meeting the
requirements prescribed in 18VAC95-30-100 and 18VAC95-30-110.
C. An applicant for preceptor reinstatement shall apply on a
reinstatement form provided by the board, submit the reinstatement fee, and
meet the current requirements for a preceptor in effect at the time of
application for reinstatement.
D. Any person whose license or registration has been
suspended, revoked, or denied renewal by the board under the provisions of
18VAC95-30-210 shall, in order to be eligible for reinstatement, (i) submit a
reinstatement application to the board for a license, (ii) pay the appropriate
reinstatement fee, and (iii) submit any other credentials as prescribed by the
board. After a hearing, the board may, at its discretion, grant the
reinstatement.
18VAC95-30-100. Educational and training requirements for
initial licensure.
A. To be qualified for initial licensure as an assisted
living facility administrator, an applicant shall hold a high school diploma or
general education diploma (GED) and hold one of the following qualifications:
1. Administrator-in-training program.
a. Complete at least 30 semester hours in an accredited
college or university in any subject and 640 hours in an ALF AIT program
as specified in 18VAC95-30-150;
b. Complete an educational program as a licensed practical
nurse and hold a current, unrestricted license or multistate licensure
privilege and 640 hours in an ALF AIT program;
c. Complete an educational program as a registered nurse and
hold a current, unrestricted license or multistate licensure privilege and 480
hours in an ALF AIT program;
d. Complete at least 30 semester hours in an accredited
college or university with courses in the content areas of (i) client/resident
care;, (ii) human resources management;, (iii)
financial management;, (iv) physical environment;,
and (v) leadership and governance;, and 320 480
hours in an ALF AIT program;
e. Hold a master's or a baccalaureate degree in health
care-related field or a comparable field that meets the requirements of
subsection B of this section with no internship or practicum and 320 hours in
an ALF AIT program; or
f. Hold a master's or baccalaureate degree in an unrelated
field and 480 hours in an ALF AIT program; or
2. Certificate program.
Hold a baccalaureate or higher degree in a field unrelated to
health care from an accredited college or university and successfully complete
a certificate program with a minimum of 21 semester hours study in a health
care-related field that meets course content requirements of subsection
B of this section from an accredited college or university and successfully
complete not less than a 320-hour internship or practicum that addresses the
domains of practice as specified in 18VAC95-30-160 in a licensed assisted
living facility as part of the certificate program under the supervision of a
preceptor; or
3. Degree and practical experience.
Hold a baccalaureate or higher degree in a health care-related
field that meets the course content requirements of subsection B of this
section from an accredited college or university and have completed not less
than a 320-hour internship or practicum that addresses the Domains of Practice
as specified in 18VAC95-30-160 in a licensed assisted living facility as part
of the degree program under the supervision of a preceptor.
B. To meet the educational requirements for a degree in a
health care-related field, an applicant must provide a an official
transcript from an accredited college or university that documents successful
completion of a minimum of 21 semester hours of coursework concentrated on the
administration and management of health care services to include a minimum of
six semester hours in the content area set out in subdivision 1 of this
subsection, three semester hours in each of the content areas in subdivisions 2
through 5 of this subsection, and three semester hours for an internship or
practicum.
1. Resident/client services management Customer
care, supports, and services;
2. Human resource management resources;
3. Financial management Finance;
4. Physical environment management Environment;
5. Leadership and governance management.
18VAC95-30-120. Qualifications for licensure by endorsement or
credentials.
A. If applying from any state or the District of Columbia in
which a license, certificate, or registration is required to be the
administrator of an assisted living facility, an applicant for licensure by
endorsement shall hold a current, unrestricted license, certificate, or
registration from that state or the District of Columbia. If applying from a
jurisdiction that does not have such a requirement, an applicant may apply for
licensure by credentials, and no evidence of licensure, certification,
or registration is required.
B. The board may issue a license to any person who:
1. Meets the provisions of subsection A of this section;
2. Has not been the subject of a disciplinary action taken by
any jurisdiction in which he was found to be in violation of law or regulation
governing practice and which, in the judgment of the board, has not remediated;
3. Meets one of the following conditions:
a. Has practiced as the administrator of record been
engaged in active practice as an assisted living facility administrator in
an assisted living facility that provides assisted living care as defined in §
63.2-100 of the Code of Virginia for at least two of the four years
immediately preceding application to the board; or
b. Has education and experience substantially equivalent to
qualifications required by this chapter and has provided written evidence of
those qualifications at the time of application for licensure; and
4. Has successfully passed a national credentialing examination
for administrators of assisted living facilities approved by the board.
18VAC95-30-130. Application package.
A. An application for licensure shall be submitted after the
applicant completes the qualifications for licensure.
B. An individual seeking licensure as an assisted living
facility administrator or registration as a preceptor shall submit:
1. A completed application as provided by the board;
2. Additional documentation as may be required by the board to
determine eligibility of the applicant, to include the most recent survey
report if the applicant has been serving as an acting administrator of a
facility;
3. The applicable fee;
4. An attestation that he has read and understands and will
remain current with the applicable Virginia laws and the regulations relating
to assisted living facilities; and
5. A current report from the U.S. Department of Health and
Human Services National Practitioner Data Bank (NPDB).
C. With the exception of school transcripts, examination
scores, the NPDB report, employer verifications, and verifications from
other state boards, all parts of the application package shall be submitted at
the same time. An incomplete package shall be retained by the board for one
year, after which time the application shall be destroyed and a new application
and fee shall be required.
Part IV
Administrator-in-Training Program
18VAC95-30-140. Training qualifications.
A. To be approved as an ALF administrator-in-training, a
person shall:
1. Meet the requirements of 18VAC95-30-100 A 1;
2. Obtain a registered preceptor to provide training;
3. Submit the application and Domains of Practice form
provided by the board and the fee prescribed in 18VAC95-30-40; and
4. Submit additional documentation as may be necessary to
determine eligibility of the applicant and the number of hours required for the
ALF AIT program.
B. With the exception of school transcripts, all required
parts of the application package shall be submitted at the same time. An
incomplete package shall be retained by the board for one year after which time
the application shall be destroyed and a new application and fee shall be
required.
18VAC95-30-150. Required hours of training.
A. The ALF AIT program shall consist of hours of continuous
training as specified in 18VAC95-30-100 A 1 in a facility as prescribed in
18VAC95-30-170 to be completed within 24 months, except a person in an ALF AIT
program who has been approved by the board and is serving as an acting
administrator shall complete the program within 150 days. An extension may be
granted by the board on an individual case basis. The board may reduce the
required hours for applicants with certain qualifications as prescribed in
subsection B of this section.
B. An ALF AIT program applicant with prior health care
work experience may request approval to receive hours of credit toward the
total hours as follows:
1. An applicant who has been employed full time for one of the
past four years immediately prior to application as an assistant administrator
in a licensed assisted living facility or nursing home or as a hospital
administrator shall complete 320 hours in an ALF AIT program;
2. An applicant who holds a license or a multistate licensure
privilege as a registered nurse and who has held an administrative level
supervisory position in nursing for at least one of the past four consecutive
years in a licensed assisted living facility or nursing home shall complete 320
hours in an ALF AIT program; or
3. An applicant who holds a license or a multistate licensure
privilege as a licensed practical nurse and who has held an administrative
level supervisory position in nursing for at least one of the past four
consecutive years in a licensed assisted living facility or nursing home shall
complete 480 hours in an ALF AIT program.
18VAC95-30-170. Training facilities.
A. Training in an ALF AIT program or for an internship
or practicum shall be conducted only in:
1. An assisted living facility or unit licensed by the
Virginia Board of Social Services or by a similar licensing body in another
jurisdiction;
2. An assisted living facility owned or operated by an agency
of any city, county, or the Commonwealth or of the United States government; or
3. An assisted living unit located in and operated by a
licensed hospital as defined in § 32.1-123 of the Code of Virginia, a
state-operated hospital, or a hospital licensed in another jurisdiction.
B. Training shall not be conducted in a facility with a
provisional license as determined by the Department of Social Services.
18VAC95-30-180. Preceptors.
A. Training in an ALF AIT program shall be under the
supervision of a preceptor who is registered or recognized by Virginia or a
similar licensing board in another jurisdiction.
B. To be registered by the board as a preceptor, a person
shall:
1. Hold a current, unrestricted Virginia assisted living
facility administrator or nursing home administrator license;
2. Be employed full time as an administrator in a training
facility or facilities for a minimum of one two of the past four
years immediately prior to registration or be a regional administrator with
on-site supervisory responsibilities for a training facility or facilities; and
3. Provide evidence that he has completed the online
preceptor training course offered by NAB; and
4. Submit an application and fee as prescribed in
18VAC95-30-40. The board may waive such application and fee for a person who is
already approved as a preceptor for nursing home licensure.
C. A preceptor shall:
1. Provide direct instruction, planning, and evaluation;
2. Be routinely present with the trainee in the training
facility as appropriate to the experience and training of the ALF AIT and
the needs of the residents in the facility; and
3. Continually evaluate the development and experience of the
trainee to determine specific areas needed for concentration.
D. A preceptor may supervise no more than two trainees at any
one time.
E. A preceptor for a person who is serving as an acting
administrator while in an ALF AIT program shall be present in the training
facility for face-to-face instruction and review of the trainee's performance
for a minimum of two four hours per week.
F. To renew registration as a preceptor, a person shall:
1. Hold a current, unrestricted Virginia assisted living
facility or nursing home license and be employed by or have an agreement with a
training facility for a preceptorship; and
2. Meet the renewal requirements of 18VAC95-30-60.
18VAC95-30-200. Interruption or termination of program.
A. If the program is interrupted because the registered preceptor
is unable to serve, the trainee shall notify the board within 10 working days
and shall obtain a new preceptor who is registered with the board within 60
days.
1. Credit for training shall resume when a new preceptor is
obtained and approved by the board.
2. If an alternate training plan is developed, it shall be
submitted to the board for approval before the trainee resumes training.
B. If the training program is terminated prior to completion,
the trainee and the preceptor shall each submit a written explanation of the
causes of program termination to the board within five working 10
business days. The preceptor shall also submit all required monthly
progress reports completed prior to termination within 10 business days.
Part V
Refusal, Suspension, Revocation and Disciplinary Action
18VAC95-30-210. Unprofessional conduct.
The board may refuse to admit a candidate to an examination,
refuse to issue or renew a license or registration or grant
approval to any applicant, suspend a license or registration for a
stated period of time or indefinitely, reprimand a licensee or registrant,
place his license or registration on probation with such terms and
conditions and for such time as it may designate, impose a monetary penalty, or
revoke a license or registration for any of the following causes:
1. Conducting the practice of assisted living administration
in such a manner as to constitute a danger to the health, safety, and
well-being of the residents, staff, or public;
2. Failure to comply with federal, state, or local laws and
regulations governing the operation of an assisted living facility;
3. Conviction of a felony or any misdemeanor involving abuse,
neglect, or moral turpitude;
4. Failure to comply with any regulations of the board; or
Violating or cooperating with others in violating any of the provisions of
Chapters 1 (§ 54.1-100 et seq.), 24 (§ 54.1-2400 et seq.), and 31
(§ 54.1-3100 et seq.) of the Code of Virginia or regulations of the board;
5. Inability to practice with reasonable skill or
safety by reason of illness or substance abuse or as a result of any mental
or physical condition;
6. Abuse, negligent practice, or misappropriation of a
resident's property;
7. Entering into a relationship with a resident that
constitutes a professional boundary violation in which the administrator uses
his professional position to take advantage of the vulnerability of a resident
or his family, to include actions that result in personal gain at the expense
of the resident, an inappropriate personal involvement or sexual conduct with a
resident;
8. The denial, revocation, suspension, or restriction of a
license to practice in another state, the District of Columbia or a United
States possession or territory;
9. Assuming duties and responsibilities within the practice
of assisted living facility administration without adequate training or when
competency has not been maintained;
10. Obtaining supplies, equipment, or drugs for personal or
other unauthorized use;
11. Falsifying or otherwise altering resident or employer
records, including falsely representing facts on a job application or other
employment-related documents;
12. Fraud or deceit in procuring or attempting to procure a
license or registration or seeking reinstatement of a license or registration;
or
13. Employing or assigning unqualified persons to perform
functions that require a license, certificate, or registration.
VA.R. Doc. No. R17-4984; Filed July 20, 2017, 11:54 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHYSICAL THERAPY
Proposed Regulation
Title of Regulation: 18VAC112-20. Regulations
Governing the Practice of Physical Therapy (amending 18VAC112-20-10, 18VAC112-20-65,
18VAC112-20-131, 18VAC112-20-135, 18VAC112-20-136).
Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the
Code of Virginia.
Public Hearing Information:
August 22, 2017 - 9:35 a.m. - Department of Health
Professions, Perimeter Center, 9960 Mayland Drive, 2nd Floor Conference Center,
Board Room 4, Henrico, VA 23233
Public Comment Deadline: October 22, 2017.
Agency Contact: Corie Tillman Wolf, Executive Director,
Board of Physical Therapy, 9960 Mayland Drive, Suite 300, Henrico, VA 23233,
telephone (804) 367-4674, FAX (804) 527-4413, or email
ptboard@dhp.virginia.gov.
Basis: Section 54.1-2400 of the Code of Virginia
provides the Board of Physical Therapy the authority to promulgate regulations
to administer the regulatory system. Section 54.1-3479 of the Code of Virginia
provides the board with specific authority to require professional activity or
to serve in a traineeship as evidence of competency to practice. Additionally,
the board has a statutory mandate to require continuing education for renewal
pursuant to § 54.1-3480.1 of the Code of Virginia.
Purpose: The board currently recognizes the
Practice Review Tool (PRT) for competency assessment developed and administered
by the Federation of State Boards of Physical Therapy (FSBPT). Physical
therapists who take the assessment and those who meet the standard, as set by
FSBPT, can receive continuing education credits. Meeting the standard on the
PRT also allows an applicant for licensure by endorsement or for reinstatement
who has not been actively practicing to reduce the required number of hours in
a traineeship.
FSBPT has informed member boards that, as of November 30, 2016,
it no longer offers the PRT and has replaced it with a different assessment
tool called oPTion. oPTion uses scenarios and multiple-choice questions that
emphasize clinical application of knowledge necessary for safe, effective
practice. Each scenario is followed by three to five multiple-choice questions
for a total of 100 questions. With the shift to oPTion, the FSBPT has also
eliminated the PRT "standard" and replaced it with an assessment
report that categorizes the therapist's performance into Levels 1 through 4.
The purpose of the proposed action is to utilize a
self-assessment tool that allows physical therapists to compare their
knowledge, skills, and abilities to entry-level general physical therapy
practice. A physical therapist cannot fail oPTion, and the results are not an
assurance of minimal competence. Therefore, the board must balance its
responsibility to adopt regulations that protect the public health and safety
with an opportunity for applicants to reduce the number of traineeship hours or
receive continuing education credits by taking the assessment tool oPTion.
Substance: Since meeting the "standard" on the
PRT has been replaced with four levels of competency, the board proposes to
replace the Practice Review Tool, an assessment tool previously offered by the
Federation of State Boards of Physical Therapy, with oPTion, the tool currently
available. Attainment of at least Level 2 on oPTion may be used for continuing
education credits or to replace hours in a supervised traineeship for
applicants for licensure by endorsement, reinstatement of license, or
reactivation of license if the physical therapist has not been engaged in
active practice for the two years immediately preceding application for an
active license.
According to FSBPT, the levels are described as follows: (i)
Level 1 indicates the ability to apply entry-level knowledge, concepts, and
principles across a limited range of patient conditions; (ii) Level 2 indicates
the ability to apply entry-level knowledge, concepts, and principles across a
moderate range of patient conditions; (iii) Level 3 demonstrates ability in a
broad range of patient conditions; and (iv) Level 4 demonstrates ability across
an extensive range of patient conditions.
Issues: The primary advantage of the amendments is more
flexibility in meeting requirements for evidence of continued competency--both
for current licensees to meet the hours of Type 1 CE required for renewal and
for applicants who have not been engaged in active practice in the past two
years. There are no disadvantages to the public because attaining a minimum of
Level 2 on oPTion would not be the only requirement necessary for continuing
competency. Such assessment tools are advantageous in that they indicate to the
licensee their areas of strength and weakness to encourage them to seek
additional education and training if needed.
There are no advantages or disadvantages to the Commonwealth.
The proposed amendments are a foreseeable result of the statute
requiring the board to protect the health and safety of patients in the
Commonwealth. They are optional and offer licensees more flexibility; and
therefore, they do not constitute any restraint on competition.
Department of Planning and
Budget's Economic Impact Analysis:
Summary of the Proposed Amendments to Regulation. The Board of
Physical Therapy (Board) proposes to replace the Practice Review Tool (PRT),
which was recently retired by the Federation of State Boards of Physical
Therapy (FSBPT), with the FSBPT's new assessment tool called
"oPTion." The Board also proposes to decrease the number of
continuing education hours that may be earned by completing the assessment
tool.
Result of Analysis. For one proposed regulatory change,
benefits likely outweigh costs. There is insufficient information to ascertain
whether the benefits for other proposed changes will outweigh their costs.
Estimated Economic Impact. Current regulation allows physical
therapists to use the PRT to meet continuing education (CE) requirements as
well as to decrease the number of traineeship hours needed for licensure by
endorsement for applicants who do not meet the Board required active practice
requirement. Physical therapists can currently use completion of the PRT for 10
of the 30 biennially required CE hours if they do not successfully meet the
standards of this tool and can get credit for 20 hours if they meet the
standard of the PRT.1 However, the FSBPT discontinued use of the
PRT in November 2016 and replaced it with a new self-assessment tool called
oPTion. While the PRT was essentially an assessment with a knowledge level that
could be satisfied (or not), the oPTion assessment tool has leveled grading
with Levels 1 through 4. As reported by Board staff, Level 1 indicates the
ability to apply entry-level knowledge, concepts and principles across a
limited range of patient conditions, Level 2 indicates the ability to apply
entry-level knowledge, concepts and principles across a moderate range of
patient conditions, Level 3 demonstrates ability in a broad range of patient
conditions and Level 4 demonstrates ability across an extensive range of
patient conditions.
The Board now proposes to allow physical therapists who take
the oPTion assessment and attain a Level 2 score to satisfy five of their 30
biennially required CE hours (as compared to the 10 CE hours currently allowed
for completion of the PRT). Under the Board’s proposal, physical therapists who
take the oPTion assessment and attain a Level 3 or 4 score will be able to
satisfy 10 CE hours (as compared to the 20 CE hours currently satisfied by
successful completion of the PRT). The Board also proposes to limit physical
therapists to getting CE credit for completion of the FSBPT assessment tool
only once every four years. Board staff reports that the Board proposes to
reduce the hours of credit allowed for completion of the FSBPT and limit that
credit to being allowed only once every two licensure cycles so that physical
therapists complete a wide range of allowable CE activities. To the extent that
requiring more diverse CE increases the safety or efficacy of physical therapy
practice, these changes may benefit the public. These changes will, however,
require physical therapists who currently take the FSBPT assessment to meet CE
requirements to participate in a greater number of activities eligible for CE
credit which will increase time costs for physical therapists. To the extent that
these additional activities have fees, physical therapists will also incur
those costs on account of these proposed changes. There is insufficient
information to measure whether any benefit gained would outweigh these costs.
Current regulation also allows applicants for licensure by
endorsement who do not meet the active practice requirement for licensure to
satisfy 160 of the 320 traineeship hours that would otherwise be required by
the Board. Since the PRT is no longer available, the Board now proposes to
specify that attaining at least a Level 2 score on the oPTion assessment will
satisfy the same 160 hours of traineeship that successful completion of the PRT
would. Since this change only substitutes reference to the old assessment tool
(PRT) with reference to the new assessment tool (oPTion), no affected entities
are likely to incur any costs. Interested parties are likely to gain the
benefit of additional regulatory clarity because obsolete language is being
replaced with reference to the current assessment tool.
Businesses and Entities Affected. These proposed regulatory
changes will affect all physical therapists licensed in the Commonwealth as
well as future applicants for licensure by endorsement. Board staff reports
that there are 8,277 licensed physical therapists in Virginia and also reports
that the Board has no estimates of how many of those physical therapists might
qualify as small businesses.
Localities Particularly Affected. No locality is likely to be
particularly affected by these proposed regulatory changes.
Projected Impact on Employment. These proposed regulatory
changes are unlikely to affect employment in the Commonwealth.
Effects on the Use and Value of Private Property. These
proposed regulatory changes are unlikely to affect the use or value of private
property in the Commonwealth.
Real Estate Development Costs. These proposed regulatory
changes are unlikely to affect real estate development costs in the
Commonwealth.
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. To the extent that affected physical
therapists qualify as small businesses, and currently take the FSBPT assessment
for CE credit, their businesses will likely incur costs for additional CE
activities that they will have to complete. These costs will likely include
time spent on additional activities and may also include fees incurred.
Alternative Method that Minimizes Adverse Impact. Absent
evidence that the public might benefit from limiting credit hours for the FSBPT
assessment, the Board could allow physical therapists to avoid time and other
costs by allowing credit for the oPTion assessment at the same rate as current
regulation allows credit for the PRT assessment.
Adverse Impacts:
Businesses. To the extent that affected physical therapists
work independently in their own businesses, and currently take the FSBPT
assessment for CE credit, their businesses will likely incur costs for
additional CE activities that they will have to complete. These costs will
likely include time spent on additional activities and may also include fees
incurred.
Localities. No locality is likely to be adversely affected by
these proposed regulatory changes.
Other Entities. No other entities are likely to be adversely
affected by these proposed regulatory changes.
____________________________
1 Meeting the standard means passing the assessment.
Agency's Response to Economic Impact Analysis: The Board
of Physical Therapy concurs with the analysis of the Department of Planning and
Budget.
Summary:
The proposed amendments replace references to an obsolete
assessment tool provided by the Federation of State Boards of Physical Therapy
(FSBPT) with references to the current assessment tool offered by FSBPT titled
"oPTion." The proposed amendments require achievement of Level 2 or
higher on the oPTion assessment tool to (i) use participation in the assessment
tool for continuing education credit or (ii) replace hours in a supervised
traineeship for applicants for licensure by endorsement, reinstatement of
license, or reactivation of license if the physical therapist has not been
engaged in active practice for the two years immediately preceding application
for an active license.
Part I
General Provisions
18VAC112-20-10. Definitions.
In addition to the words and terms defined in § 54.1-3473 of
the Code of Virginia, the following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Active practice" means a minimum of 160 hours of
professional practice as a physical therapist or physical therapist assistant
within the 24-month period immediately preceding renewal. Active practice may
include supervisory, administrative, educational or consultative activities or
responsibilities for the delivery of such services.
"Approved program" means an educational program
accredited by the Commission on Accreditation in Physical Therapy Education of
the American Physical Therapy Association.
"Assessment tool" means oPTion or any other
self-directed assessment tool approved by FSBPT.
"CLEP" means the College Level Examination Program.
"Contact hour" means 60 minutes of time spent in
continuing learning activity exclusive of breaks, meals or vendor exhibits.
"Direct supervision" means a physical therapist or
a physical therapist assistant is physically present and immediately available
and is fully responsible for the physical therapy tasks or activities being
performed.
"Discharge" means the discontinuation of
interventions in an episode of care that have been provided in an unbroken
sequence in a single practice setting and related to the physical therapy
interventions for a given condition or problem.
"Evaluation" means a process in which the physical
therapist makes clinical judgments based on data gathered during an examination
or screening in order to plan and implement a treatment intervention, provide
preventive care, reduce risks of injury and impairment, or provide for
consultation.
"FCCPT" means the Foreign Credentialing Commission
on Physical Therapy.
"FSBPT" means the Federation of State Boards of
Physical Therapy.
"General supervision" means a physical therapist
shall be available for consultation.
"National examination" means the examinations
developed and administered by the Federation of State Boards of Physical
Therapy and approved by the board for licensure as a physical therapist or
physical therapist assistant.
"PRT" means the Practice Review Tool for
competency assessment developed and administered by FSBPT.
"Reevaluation" means a process in which the
physical therapist makes clinical judgments based on data gathered during an
examination or screening in order to determine a patient's response to the
treatment plan and care provided.
"Support personnel" means a person who is
performing designated routine tasks related to physical therapy under the
direction and supervision of a physical therapist or physical therapist
assistant within the scope of this chapter.
"TOEFL" means the Test of English as a Foreign Language.
"Trainee" means a person seeking licensure as a
physical therapist or physical therapist assistant who is undergoing a
traineeship.
"Traineeship" means a period of active clinical
practice during which an applicant for licensure as a physical therapist or
physical therapist assistant works under the direct supervision of a physical
therapist approved by the board.
"TSE" means the Test of Spoken English.
"Type 1" means continuing learning activities
offered by an approved organization as specified in 18VAC112-20-131.
"Type 2" means continuing learning activities which
may or may not be offered by an approved organization but shall be activities
considered by the learner to be beneficial to practice or to continuing
learning.
18VAC112-20-65. Requirements for licensure by endorsement.
A. A physical therapist or physical therapist assistant who
holds a current, unrestricted license in the United States, its territories,
the District of Columbia, or Canada may be licensed in Virginia by endorsement.
B. An applicant for licensure by endorsement shall submit:
1. Documentation of having met the educational requirements
prescribed in 18VAC112-20-40 or 18VAC112-20-50. In lieu of meeting such
requirements, an applicant may provide evidence of clinical practice consisting
of at least 2,500 hours of patient care during the five years immediately
preceding application for licensure in Virginia with a current, unrestricted
license issued by another U.S. jurisdiction;
2. The required application, fees, and credentials to the
board;
3. A current report from the Healthcare Integrity and
Protection Data Bank (HIPDB);
4. Evidence of completion of 15 hours of continuing education
for each year in which the applicant held a license in another U.S.
jurisdiction, or 60 hours obtained within the past four years;
5. Documentation of passage of an examination equivalent to the
Virginia examination at the time of initial licensure or documentation of
passage of an examination required by another state at the time of initial
licensure in that state; and
6. Documentation of active practice in physical therapy in
another U.S. jurisdiction for at least 320 hours within the four years
immediately preceding his application for licensure. A physical therapist who
does not meet the active practice requirement shall:
a. Successfully complete 320 hours in a traineeship in
accordance with requirements in 18VAC112-20-140; or
b. Document that he meets the standard of the PRT attained
at least Level 2 on the FSBPT assessment tool within the two years
preceding application for licensure in Virginia and successfully complete 160
hours in a traineeship in accordance with the requirements in 18VAC112-20-140.
C. A physical therapist assistant seeking licensure by
endorsement who has not actively practiced physical therapy for at least 320
hours within the four years immediately preceding his application for licensure
shall successfully complete 320 hours in a traineeship in accordance with the
requirements in 18VAC112-20-140.
18VAC112-20-131. Continued competency requirements for renewal
of an active license.
A. In order to renew an active license biennially, a physical
therapist or a physical therapist assistant shall complete at least 30 contact
hours of continuing learning activities within the two years immediately
preceding renewal. In choosing continuing learning activities or courses, the licensee
shall consider the following: (i) the need to promote ethical practice, (ii) an
appropriate standard of care, (iii) patient safety, (iv) application of new
medical technology, (v) appropriate communication with patients, and (vi)
knowledge of the changing health care system.
B. To document the required hours, the licensee shall
maintain the Continued Competency Activity and Assessment Form that is provided
by the board and that shall indicate completion of the following:
1. A minimum of 20 of the contact hours required for physical
therapists and 15 of the contact hours required for physical therapist
assistants shall be in Type 1 courses. For the purpose of this section,
"course" means an organized program of study, classroom experience or
similar educational experience that is directly related to the clinical
practice of physical therapy and approved or provided by one of the following
organizations or any of its components:
a. The Virginia Physical Therapy Association;
b. The American Physical Therapy Association;
c. Local, state or federal government agencies;
d. Regionally accredited colleges and universities;
e. Health care organizations accredited by a national
accrediting organization granted authority by the Centers for Medicare and
Medicaid Services to assure compliance with Medicare conditions of
participation;
f. The American Medical Association - Category I Continuing
Medical Education course; and
g. The National Athletic Trainers' Association.
2. No more than 10 of the contact hours required for physical
therapists and 15 of the contact hours required for physical therapist
assistants may be Type 2 activities or courses, which may or may not be offered
by an approved organization but which shall be related to the clinical practice
of physical therapy. Type 2 activities may include but not be limited to
consultation with colleagues, independent study, and research or writing on
subjects related to practice. Up to two of the Type 2 continuing education
hours may be satisfied through delivery of physical therapy services, without
compensation, to low-income individuals receiving services through a local
health department or a free clinic organized in whole or primarily for the
delivery of health services.
3. Documentation of specialty certification by the American
Physical Therapy Association may be provided as evidence of completion of
continuing competency requirements for the biennium in which initial
certification or recertification occurs.
4. Documentation of graduation from a transitional doctor of
physical therapy program may be provided as evidence of completion of
continuing competency requirements for the biennium in which the physical
therapist was awarded the degree.
5. A physical therapist who can document that he has taken the
PRT attained at least Level 2 on the FSBPT assessment tool may
receive 10 five hours of Type 1 credit for the biennium in which
the assessment tool was taken. A physical therapist who can document that he has
met the standard of the PRT attained at least Level 3 or 4 on the FSBPT
assessment tool may receive 20 10 hours of Type 1 credit for
the biennium in which the assessment tool was taken. Continuing competency
credit shall only be granted for the FSBPT assessment tool once every four
years.
C. A licensee shall be exempt from the continuing competency
requirements for the first biennial renewal following the date of initial
licensure by examination in Virginia.
D. The licensee shall retain his records on the completed
form with all supporting documentation for a period of four years following the
renewal of an active license.
E. The licensees selected in a random audit conducted by the
board shall provide the completed Continued Competency Activity and Assessment
Form and all supporting documentation within 30 days of receiving notification
of the audit.
F. Failure to comply with these requirements may subject the
licensee to disciplinary action by the board.
G. The board may grant an extension of the deadline for
continuing competency requirements for up to one year for good cause shown upon
a written request from the licensee prior to the renewal date.
H. The board may grant an exemption for all or part of the
requirements for circumstances beyond the control of the licensee, such as
temporary disability, mandatory military service, or officially declared
disasters.
18VAC112-20-135. Inactive license.
A. A physical therapist or physical therapist assistant who
holds a current, unrestricted license in Virginia shall, upon a request on the
renewal application and submission of the required renewal fee, be issued an
inactive license.
1. The holder of an inactive license shall not be required to
meet active practice requirements.
2. An inactive licensee shall not be entitled to perform any
act requiring a license to practice physical therapy in Virginia.
B. A physical therapist or physical therapist assistant who
holds an inactive license may reactivate his license by:
1. Paying the difference between the renewal fee for an
inactive license and that of an active license for the biennium in which the
license is being reactivated;
2. Providing proof of 320 active practice hours in another
jurisdiction within the four years immediately preceding application for
reactivation.
a. If the inactive physical therapist licensee does not meet
the requirement for active practice, the license may be reactivated by completing
320 hours in a traineeship that meets the requirements prescribed in
18VAC112-20-140 or documenting that he has met the standard of the PRT attained
at least Level 2 on the FSBPT assessment tool within the two years
preceding application for reactivation of licensure in Virginia and
successfully completing 160 hours in a traineeship in accordance with
requirements in 18VAC112-20-140.
b. If the inactive physical therapist assistant licensee does
not meet the requirement for active practice, the license may be reactivated by
completing 320 hours in a traineeship that meets the requirements prescribed in
18VAC112-20-140; and
3. Completing the number of continuing competency hours
required for the period in which the license has been inactive, not to exceed
four years.
18VAC112-20-136. Reinstatement requirements.
A. A physical therapist or physical therapist assistant whose
Virginia license is lapsed for two years or less may reinstate his license by
payment of the renewal and late fees as set forth in 18VAC112-20-27 and
completion of continued competency requirements as set forth in
18VAC112-20-131.
B. A physical therapist or physical therapist assistant whose
Virginia license is lapsed for more than two years and who is seeking
reinstatement shall:
1. Apply for reinstatement and pay the fee specified in
18VAC112-20-27;
2. Complete the number of continuing competency hours required
for the period in which the license has been lapsed, not to exceed four years;
and
3. Have actively practiced physical therapy in another
jurisdiction for at least 320 hours within the four years immediately preceding
applying for reinstatement.
a. If a physical therapist licensee does not meet the
requirement for active practice, the license may be reinstated by completing 320
hours in a traineeship that meets the requirements prescribed in
18VAC112-20-140 or documenting that he has met the standard of the PRT
attained at least Level 2 on the FSBPT assessment tool within the two
years preceding application for licensure in Virginia and successfully
completing 160 hours in a traineeship in accordance with requirements in
18VAC112-20-140.
b. If a physical therapist assistant licensee does not meet
the requirement for active practice, the license may be reinstated by
completing 320 hours in a traineeship that meets the requirements prescribed in
18VAC112-20-140.
VA.R. Doc. No. R17-4983; Filed July 20, 2017, 11:56 a.m.
TITLE 22. SOCIAL SERVICES
DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES
Final Regulation
REGISTRAR'S NOTICE: The
Department for Aging and Rehabilitative Services is claiming an exemption from
Article 2 of the Administrative Process Act in accordance with § 2.2-4006
A 4 a of the Code of Virginia, which excludes regulations that are necessary to
conform to changes in Virginia statutory law where no agency discretion is
involved. The Department for Aging and Rehabilitative Services will receive,
consider, and respond to petitions by any interested person at any time with
respect to reconsideration or revision.
Title of Regulation: 22VAC30-120. Adult Services
Approved Providers (amending 22VAC30-120-10, 22VAC30-120-30).
Statutory Authority: § 51.5-131 of the Code of Virginia.
Effective Date: September 21, 2017.
Agency Contact: Paige L. McCleary, Adult Services
Program Consultant, Department for Aging and Rehabilitative Services, 8004
Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7605, or email
paige.mccleary@dars.virginia.gov.
Summary:
Amendments to the definitions of "adult abuse,"
"adult neglect," and "adult exploitation" in 22VAC30-120-10
comport regulatory language with Chapter 195 of the 2017 Acts of Assembly.
These definitions include the phrase "as defined in § 63.2-1603,"
and the definition of "adult exploitation" is amended to mirror the
broader and more descriptive definition in Chapter 195.
Amendments to 22VAC30-120-30 comport regulatory language to
Chapter 809 of the 2017 Acts of Assembly. The amendments update references in
subsection B to crimes that constitute a barrier for providers of adult
services seeking approval by the Department of Social Services. Specifically,
the language that refers to crimes "listed in § 63.2-1719 of the Code
of Virginia" is amended. Obsolete language in subdivisions B 2 and B 3 is
stricken and replaced with language stating "any offense set forth in
clause (i) of the definition of barrier crime in § 19.2-392.02." In
subdivision B 4, the reference "§ 63.2-1719" is stricken and replaced
with "clause (i) of the definition of barrier crime in §
19.2-392.02."
22VAC30-120-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
"Activities of daily living" or "ADLs"
means bathing, dressing, toileting, transferring, bowel control, bladder
control and eating/feeding. A person's degree of independence in performing
these activities is part of determining the appropriate level of care and
services.
"Adult" means any individual 18 years of age or
over.
"Adult abuse" means the willful infliction of
physical pain, injury or mental anguish or unreasonable confinement of an adult
as defined in § 63.2-1603.
"Adult day services provider" means a provider who
gives personal supervision for up to three adults for part of a day. The
provider promotes social, physical and emotional well-being through
companionship, self-education, and satisfying leisure activities. Adult day services
that are provided for more than three adults require licensure by the Virginia
Department of Social Services.
"Adult exploitation" means the illegal,
unauthorized, improper, or fraudulent use of an incapacitated adult as
defined in § 63.2-1603 or his funds, property, benefits,
resources, or other assets for another's profit, benefit, or
advantage, including a caregiver or person serving in a fiduciary capacity,
or that deprives the adult of his rightful use of or access to such fund,
property, benefits resources, or other assets. "Adult exploitation"
includes (i) an intentional breach of a fiduciary obligation to an adult to his
detriment or an intentional failure to use the financial resources of an adult
in a manner that results in the neglect of such adult; (ii) the acquisition,
possession, or control of an adult's financial resources or property through
the use of undue influence, coercion, or duress; and (iii) forcing or coercing
an adult to pay for goods or services or perform services against his will for
another's profit, benefit, or advantage if the adult did not agree or was
tricked, misled, or defrauded into agreeing, to pay for such goods or services
or perform such services.
"Adult foster care" means room and board,
supervision, and special services to an adult who has a physical or mental
condition or an emotional or behavioral problem. Adult foster care may be
provided by a single provider for up to three adults.
"Adult foster care provider" means a provider who
gives room and board, supervision and special services in his own home for up
to three adults who are unable to remain in their own homes because of a
physical or mental condition or an emotional or behavioral problem. Care
provided for more than three adults requires licensure by the Virginia
Department of Social Services.
"Adult neglect" means that an adult as defined
in § 63.2-1603 is living under such circumstances that he is not able
to provide for himself or is not being provided services necessary to maintain
his physical and mental health and that the failure to receive such necessary
services impairs or threatens to impair his well-being.
"Adult services" means services that are provided
to adults 60 years of age and older and to adults 18 years of age and older who
are impaired.
"Assistant" means any individual who is responsible
to assist an adult services approved provider in caring for adult clients.
Assistants must meet the same requirements as the provider.
"Chore provider" means a provider who performs
nonroutine, heavy home maintenance tasks for adult clients unable to perform
such tasks for themselves. Chore services include minor repair work on
furniture and appliances in the adult's home; carrying coal, wood and water;
chopping wood; removing snow; yard maintenance; and painting.
"Client" means any adult who needs supervision
and/or services and seeks assistance in meeting those needs from a local
department of social services.
"Companion provider" means a provider who assists
adult clients unable to care for themselves without assistance and where there
is no one available to provide the needed services without cost in activities
such as light housekeeping, companionship, shopping, meal preparation,
transportation, household management and activities of daily living (ADLs).
"Department" means the Virginia Department for
Aging and Rehabilitative Services.
"Home-based services" means companion, chore, and
homemaker services that allow individuals to attain or maintain self-care and
are likely to prevent or reduce dependency.
"Homemaker services" means a provider who gives
instruction in or, where appropriate, performs activities such as personal
care, home management, household maintenance, nutrition, consumer or hygiene
education.
"In-home provider" means an individual who provides
care in the home of the adult client needing supervision and/or services.
In-home providers include companion, chore, and homemaker providers.
"Instrumental activities of daily living" means
meal preparation, housekeeping/light housework, shopping for personal items,
laundry, or using the telephone. An adult client's degree of independence in
performing these activities is part of determining the appropriate level of
care and services.
"Local board" means the local board of social
services representing one or more counties or cities.
"Local department" means the local department of
social services of any county or city in this Commonwealth.
"Local department-approved provider" means a
provider that is not subject to licensure and is approved by a local department
of social services to provide services to clients.
"Out-of-home provider" means an individual who
provides care in the individual's own home to adult clients who enter the home
for purposes of receiving needed supervision and/or services.
"Personal care services" means the provision of
nonskilled services including assistance in the activities of daily living, and
may include instrumental activities of daily living related to the needs of the
adult client, to maintain the adult client's health and safety in their home.
"Responsible person" means an individual designated
by or for an adult client who is authorized to make decisions concerning the
adult client and/or to receive information about the adult client.
22VAC30-120-30. Standards for providers and other persons.
A. Age requirements include:
1. All local department-approved adult services homemaker
providers shall be at least 18 years of age.
2. All local department-approved adult services chore and
companion providers shall be at least 16 years of age. If the local department
chooses to approve a chore or companion provider who is at least 16 years of
age but less than 18 years of age, the local department must determine that the
provider is competent and able to provide the service.
3. Any assistant to a local department-approved in-home
provider for adult services shall be at least 16 years of age.
B. Criminal record background checks and additional
requirements include:
1. The provider and any assistant, the spouse of the provider,
or other adult household members who come in contact with adults in care shall
identify any criminal convictions and consent to a criminal record search. A
new criminal record background check shall be required at the time of renewal.
2. Convictions of crimes listed in § 63.2-1719 any
offense set forth in clause (i) of the definition of barrier crime in
§ 19.2-392.02 of the Code of Virginia shall prohibit a provider, the
assistant, spouse of the provider, or other adult household members who come in
contact with adults in care to receive approval as a provider. In addition, if
the provider or, for adult foster care and adult day services, the assistant,
spouse of the provider, or other adult household members who come in contact
with adults in care, has been convicted of any other felony or misdemeanor
that, in the judgment of the local department jeopardizes the safety or proper
care of adults, the provider shall be prohibited from being approved as a
provider of services to adults.
3. Conviction of a crime listed in § 63.2-1719 any
offense set forth in clause (i) of the definition of barrier crime in
§ 19.2-392.02 of the Code of Virginia will result in the revocation of
the provider's approval unless an allowable variance is granted by the local
department.
4. When the provider and any assistant, and for adult foster
care, spouse of the provider, or other adult household members who come in
contact with adults in care, has been convicted of a felony or misdemeanor not
listed in § 63.2-1719 clause (i) of the definition of barrier
crime in § 19.2-392.02 of the Code of Virginia, the local department
may approve the provider if the local department determines that the conviction
does not jeopardize the safety or proper care of the adult.
C. Interview, references, and employment history requirements
include:
1. The provider shall participate in interviews with the local
department.
2. The provider shall provide at least two references from
persons who have knowledge of the provider's ability, skill, or experience in
the provision of services and who shall not be related to the provider.
3. The provider shall provide information on the provider's
employment history.
4. The local department shall use the interviews, references,
and employment history to assess that the provider is:
a. Knowledgeable of and physically and mentally capable of
providing the necessary care for adults;
b. Able to sustain positive and constructive relationships
with adults in care, and to relate to adults with respect, courtesy, and
understanding;
c. Capable of handling emergencies with dependability and good
judgment; and
d. Able to communicate and follow instructions sufficiently to
ensure adequate care, safety and protection for adults.
5. For adult foster care and adult day services, at least one
interview shall occur in the home where the care is to be provided. All adult
household members shall be interviewed to ensure that they understand the
demands and expectations of the care to be provided.
6. For homemaker providers, the local department shall further
use the interview, references, and employment history to assess that the
provider has knowledge, skills, and ability, as appropriate, in:
a. Home management and household maintenance;
b. The types of personal care of the elderly or adults with a
disability permitted by regulation;
c. Nutrition education and meal planning and preparation,
including special diets; and
d. Personal hygiene and consumer education.
7. For adult foster care providers, the local department shall
further use the interview, references, and employment history to assess that
the provider has sufficient financial income or resources to meet the basic
needs of his own family and has the knowledge, skills, and abilities to care
for adults, including, but not limited to:
a. Provision of a furnished room in the home that meets
applicable zoning, building, and fire safety codes.
b. Housekeeping services based on the needs of the adult in
care.
c. Nutritionally balanced meals and snacks, including extra
portions and special diets as necessary.
d. Provision of clean bed linens and towels at least once a
week and as needed by the adult.
e. Assistance with personal hygiene including bathing,
dressing, oral hygiene, hair grooming and shampooing, care of clothing,
shaving, care of toenails and fingernails, arranging for haircuts as needed,
care of needs associated with menstruation or occasional bladder or bowel
incontinence.
f. Provision of generic personal toiletries including soap and
toilet paper.
g. Assistance with the following: care of personal
possessions, care of personal funds if requested by the adult and adult foster
care home's policy permits it, use of telephone, arranging transportation,
obtaining necessary personal items and clothing, making and keeping appointments,
and correspondence.
h. Securing health care and transportation when needed for
medical treatment.
i. Providing social and recreational activities as required by
the local department and consistent with licensing regulations.
j. General supervision for safety.
D. Training requirements include:
1. The local department shall provide basic orientation to any
approved provider.
2. The provider shall attend any orientation and training
required by the local department. The provider shall bear the cost of any
required training unless the local department subsidizes the cost for all local
department-approved providers.
E. Medical requirements include:
1. The provider; for out-of-home care, the assistant; the
provider's spouse; and all other adult household members who come in contact
with adults in care shall submit a statement from the local health department
or licensed physician that he is believed to be free of tuberculosis in a
communicable form.
2. The provider and assistant shall submit the results of a physical
and mental health examination when requested by the local department.
F. All local department-approved providers shall keep the
local department informed of changes in the household that may affect approval
of the provider.
G. The provider shall have the capability to fully perform
the requirements of the position, have the moral and business integrity and
reliability to ensure good faith performance and be determined by the local
department to meet the requirements of the position.
H. Any provider who causes the local department to make an
improper payment by withholding information or providing false information may
be required to repay the amount of the improper payment. Failure to repay any
improper payment shall result in a referral for criminal or civil prosecution.
VA.R. Doc. No. R17-5079; Filed July 25, 2017, 11:05 a.m.
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Proposed Regulation
Title of Regulation: 22VAC40-601. Supplemental
Nutrition Assistance Program (adding 22VAC40-601-70).
Statutory Authority: § 63.2-217 of the Code of
Virginia; 7 CFR 271.4.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: October 22, 2017.
Agency Contact: Celestine Jackson, Department of Social
Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7376,
FAX (804) 726-7356, TTY (800) 828-1120, or email
celestine.jackson@dss.virginia.gov.
Basis: Section 63.2-217 of the Code of Virginia grants
authority to the State Board of Social Services to promulgate rules and
regulations to operate assistance programs in Virginia. Federal regulations at
7 CFR 271.4 delegate responsibility to administer the Supplemental
Nutrition Assistance Program (SNAP) within a state to the agency assigned
responsibility for other federally funded public assistance programs. Federal
regulations at 7 CFR 273.9(d)(5) permit states the option to either count
legally obligated child support payments to nonhousehold members as an income
deduction or an income exclusion; Virginia currently uses the income deduction
option.
Purpose: In an effort to encourage noncustodial parents
to meet their obligations to pay child support, the agency proposes to change
how legally obligated child support payments are evaluated when determining
SNAP eligibility and in determining the amount of SNAP benefits these
households may receive. States may evaluate child support payments for SNAP
households as an income deduction or income exclusion. States must select only
one method to assess child support payments. The amount of SNAP benefits
eligible households would receive would be the same regardless of the method
used to assess child support payments but, by excluding the amount paid for child
support as income, more households may meet the maximum income amount.
The agency is hopeful that, as more households meet the maximum
income amounts, fewer households may be denied for being over the income limit.
Having fewer households being denied for exceeding the maximum income limits
may be an incentive for noncustodial parents to make their legally obligated
child support payments regularly. Having parents meet their child support
obligations regularly promotes the health, safety, or welfare of citizens by
reducing reliance on public assistance programs and increases financial
resources for affected families.
Substance: 22VAC40-601-70 allows SNAP households to have
mandatory child support paid to or for individuals outside the SNAP household
to be excluded from their gross income when determining eligibility for SNAP
benefits. Applicant households for SNAP benefits must meet a gross income test
if the household does not contain at least one household member who is 60 years
of age or older or one member who is permanently disabled. If the gross income
exceeds the allowable limit for the size of the household, the application for
SNAP benefits must be denied without any consideration of household expenses.
Excluding child support payment amounts as income reduces the gross income
amount for a household, which conceivably may allow more households to meet the
gross income eligibility test.
Issues: Changing how child support payments are
evaluated for SNAP applicants and recipients offers the potential advantage to
affected households of reducing countable gross income. If households pass the
gross income eligibility screening test, allowable household expenses are
evaluated and deducted. After household expenses are deducted, the calculated
net income for all applicant households must fall below the allowable new
income limit based on household size in order to receive a SNAP benefit.
Calculated SNAP benefit amounts are not affected by the adoption of income
exclusion for child support payments over the income deduction method so
program integrity is maintained. The advantage of this regelation is to
incentivize the payment of child support from noncustodial parents by
recognizing their commitment to their children and potentially offsetting some
of the child support paid with SNAP benefits. If households are eligible for
SNAP benefits, the likelihood of food insecurity is reduced.
A programming change to the eligibility computer system will be
needed to allow for the exclusion as income for child support payments instead
of a deduction from the income. Neither local departments of social services
nor local eligibility workers should be adversely affected by a change in the
evaluation of child support payments, as there is no change in the benefit
amount or in the likely number of applicants for benefits.
There are no disadvantages to the public or the Commonwealth.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The State
Board of Social Services (Board) proposes to allow legally obligated child
support payments paid by a Supplemental Nutrition Assistance Program (SNAP)
household member to or for a non-household member as an exclusion from
countable income for SNAP-eligibility purposes.
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact. Title 7 of the Code of Federal
Regulations (CFR) section 271.41 delegates responsibility to
administer SNAP within a state to the agency assigned responsibility for other
federally funded public assistance programs. Federal regulation at 7 CFR
273.9(d) (5)2 permits states the option to either count legally
obligated child support payments to non-household members as an income
deduction or an income exclusion when determining eligibility for SNAP
benefits; Virginia currently uses the income deduction option. The Board
proposes to amend the SNAP regulation to indicate that the income exclusion
option will be used.
Households that do not include at least one individual who is
either at least 60 years old or permanently disabled must not have gross income
over a specified amount, nor net income over a different specified amount,3
in order to qualify for SNAP benefits. The income deduction reduces only net
income. The income exclusion reduces both gross income and net income. Thus the
proposal to count legally obligated child support payments to non-household
members as an income exclusion rather than an income deduction would likely
increase the number of households that qualify for SNAP benefits, and may
encourage more noncustodial parents to make their legally obligated child
support payments regularly since doing so could make their household SNAP
qualified. As SNAP is fully funded by the federal government, the proposal
clearly produces a net benefit for the Commonwealth.
Businesses and Entities Affected. The proposed amendment
potentially affects low-income households where a member of the household is
legally obligated to make child support payments, and the households that
receive those child support payments.
Localities Particularly Affected. Localities with a high
proportion of low-income households would likely be particularly affected by
the proposed amendment.
Projected Impact on Employment. The proposal to allow legally
obligated child support payments paid by a SNAP household member to or for a
non-household member as an exclusion from countable income for SNAP-eligibility
purposes will effectively allow such a household to earn more income and still
qualify for SNAP. This may encourage a household member to perhaps get a
part-time job who otherwise would not have, or encourage any already employed
household member to seek a better paying job.
Effects on the Use and Value of
Private Property. The proposed amendment would not significantly affect the use
and value of private property.
Real Estate Development Costs.
The proposed amendment would 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 would not
affect costs for small business.
Alternative Method that Minimizes Adverse Impact. The proposed
amendment would not adversely affect small businesses.
Adverse Impacts:
Businesses. The proposed
amendment would not adversely affect businesses.
Localities. The proposed
amendment would not adversely affect localities.
Other Entities. The proposed
amendment would not adversely affect other entities.
___________________________
1 See https://www.gpo.gov/fdsys/pkg/CFR-2011-title7-vol4/pdf/CFR-2011-title7-vol4-sec271-4.pdf
2 See https://www.gpo.gov/fdsys/pkg/CFR-2011-title7-vol4/pdf/CFR-2011-title7-vol4-sec273-9.pdf
3 The specified amounts are dependent on household size.
Agency's Response to Economic
Impact Analysis: The Department of
Social Services reviewed the economic impact analysis prepared by the
Department of Planning and Budget and concurs.
Summary:
The proposed section allows amounts paid by a Supplemental
Nutrition Assistance Program (SNAP) household member for child support pursuant
to a court or administrative order to be excluded as countable income for
SNAP-eligibility purposes.
22VAC40-601-70. Income exclusion for legally obligated child
support payments.
Legally obligated child support payments paid by a SNAP
household member to or for a nonhousehold member will be allowed as an
exclusion from countable income for SNAP purposes.
VA.R. Doc. No. R17-4595; Filed July 20, 2017, 1:58 p.m.
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Fast-Track Regulation
Title of Regulation: 22VAC40-880. Child Support
Enforcement Program (amending 22VAC40-880-405).
Statutory Authority: § 63.2-217 of the Code of
Virginia; 42 USC § 651 et seq.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: September 20, 2017.
Effective Date: October 6, 2017.
Agency Contact: Alice Burlinson, Senior Assistant
Attorney General, Department of Social Services, 4504 Starkey Road, SW,
Roanoke, VA 24018, telephone (540) 776-2779, FAX (804) 776-2797, or email
alice.burlinson@dss.virginia.gov.
Basis: Section 63.2-217 of the Code of Virginia states
that the State Board of Social Services shall adopt regulations, not in
conflict with Title 63.2 of the Code of Virginia, as may be necessary or
desirable to carry out the purpose of Title 63.2.
Purpose: This amendment is needed to provide the
Division of Child Support Enforcement with the ability to increase collection
of child support for families. Currently, noncustodial parents in the Passport
Denial Program must pay their child support arrears in full to obtain or renew
a passport. The only exception is for cases where a noncustodial parent's
immediate family member lives abroad and faces a life-or-death situation. In
those instances, the Director of the Division of Child Support Enforcement may
grant the release of a passport upon the noncustodial parent's written request,
which must include documentation of compelling evidence of the situation.
Many child support payers need to travel internationally for
work. Under the current regulation, these noncustodial parents have no way to
obtain or renew their passports unless they have the ability to pay their
arrears in full. The division would like to encourage payment of support and
does not want the passport regulation to be a barrier when a noncustodial
parent has employment that would provide him with the means to pay child
support but for the denial of a passport.
Rationale for Using Fast-Track Rulemaking Process: The
Department of Social Services does not believe that the proposed regulation
will be controversial. The amended regulation will provide for an additional
exception for release of a passport from the Passport Denial Program.
Substance: The amendment provides an additional
exception for release of a noncustodial parent's passport. This change would
enable the division to work with noncustodial parents who are unable to pay
their child support arrearages in full but whose employment is contingent upon
international travel to allow them to obtain or renew their passports. These
parents would be required to make lump sum payments towards their arrearages,
agree to income withholding orders, and enter into payment agreements with the
division with a regular monthly payment amount and a schedule for paying off
the arrearage in full. They would also be required to provide written proof of
current employment or proof of an offer and acceptance of employment from their
employer.
Issues: There are numerous advantages to this regulatory
action. The amended regulatory section will (i) provide an additional exception
for a noncustodial parent's release from the Passport Denial Program in
Virginia; (ii) increase child support collection through lump sum payments and
payment agreements; and (iii) potentially provide for regular payment of
support from noncustodial parents who are required to travel internationally as
part of their employment.
The department is aware of no disadvantages to this regulatory
action.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The State
Board of Social Services (Board) proposes to add an exception for release from
the Passport Denial Program if a noncustodial parent provides documentation
from their employer to verify that their employment requires international
travel.
Result of Analysis. The benefits likely exceed the costs for
all proposed changes.
Estimated Economic Impact. The U.S. Department of Health &
Human Services' Passport Denial Program is designed to help states enforce
delinquent child support obligations. Under the program, noncustodial parents
certified by a state as having arrearages exceeding $2,500 are submitted by the
federal Office of Child Support Enforcement to the Department of State, which
denies them U.S. passports upon application or the use of a passport service.1
The program was first implemented in Virginia in 1997.
Under the current Virginia regulation, noncustodial parents in
the Passport Denial Program must pay their child support arrears in full to
obtain or renew a passport. The only exception is for cases where a noncustodial
parent's immediate family member lives abroad and faces a life-or-death
situation. The Board proposes an additional exception for release from the
Passport Denial Program if the noncustodial parent provides documentation from
their employer to verify that their employment requires international travel.
The proposed amendment would likely be beneficial in that it
potentially helps enable noncustodial parents with jobs that may require
international travel to satisfy the requirements of their employment, and be
able to earn the income needed to pay their child support obligations.
Additionally, noncustodial parents may be able to obtain better-paying
positions, helping provide income to pay child support obligations, if they are
permitted to travel abroad for work.
Businesses and Entities Affected. The proposed amendment would
affect noncustodial parents who owe $2,500 or more in child support arrearages.
Indirectly, the amendment would potentially affect firms that may employ these
individuals, as well as recipients of their child support payments.
Localities Particularly Affected. The proposed amendment would
not disproportionately affect specific localities.
Projected Impact on Employment. The proposed amendment would
not significantly affect total employment, but may help a small number of
individuals to maintain or obtain employment.
Effects on the Use and Value of Private Property. The proposed
amendment would not significantly affect the use and value of private property.
Real Estate Development Costs. The proposed amendment would 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 may reduce
costs for a few small businesses by permitting employees or firm principals who
are noncustodial parents with delinquent child support obligations to travel
internationally for business.
Alternative Method that Minimizes Adverse Impact. The proposed
amendment would not adversely affect small businesses.
Adverse Impacts.
Businesses. The proposed amendment would not adversely affect
businesses.
Localities. The proposed amendment would not adversely affect
localities.
Other Entities. The proposed amendment would not adversely
affect other entities.
________________________________
1 Source: U.S. Office of Child Support Enforcement
accessed on May 30, 2017: https://www.acf.hhs.gov/css/resource/overview-of-the-passport-denial-program
Agency's Response to Economic Impact Analysis: The
Department of Social Services reviewed the economic impact analysis prepared by
the Department of Planning and Budget and concurs.
Summary:
The amendment adds an exception for release from the
Passport Denial Program if a noncustodial parent provides documentation from
the noncustodial parent's employer to verify that his employment requires
international travel.
22VAC40-880-405. Passport denial program Denial
Program.
A. The department shall participate in the Passport Denial
Program for the denial, revocation, or limitation of noncustodial parents'
passports where child support arrearages exceed the federally mandated
threshold.
B. The department shall certify the arrearages to the federal
Office of Child Support Enforcement, which will then (i) send notice of the
certification on behalf of the department to the individual and (ii) certify
the arrearage to the Department of State pursuant to the Passport Denial
Program.
C. An individual has the right to appeal per the notice to a
Department of Social Services' hearing officer. The only issues reviewable on
appeal are (i) whether the arrears met the threshold at the time of
certification, or (ii) mistaken identity. An appeal from the hearing officer
shall be to circuit court pursuant to the procedures under the Setoff Debt
Collection Act (§ 58.1-520 et seq. of the Code of Virginia). The issues in
subsections D and E of this section are not reviewable by the hearing
officer.
D. An individual's child support arrearages shall be paid in
full before the department notifies the federal Office of Child Support
Enforcement that the individual is eligible to receive a passport.
E. Exceptions to paying all arrearages prior to release of a
passport may be granted by the IV-D agency director upon written request
documenting (i) compelling evidence of a life-or-death situation of an
immediate family member or (ii) employment that is contingent upon
international travel with written proof from the employer of current employment
or an offer and acceptance of employment and an agreement with the department
that includes an income withholding order, a lump sum payment, and a plan to
make regular payments to satisfy the arrearage within a finite period of time.
Such decision whether to grant an exception shall be in the sole discretion of
the IV-D agency director or designee.
VA.R. Doc. No. R17-5000; Filed July 24, 2017, 9:22 a.m.