Vol. 29 Iss. 16 - April 08, 2013



Initial Agency Notice

Title of Regulation: 8VAC20-390. Rules Governing Division Superintendent of Schools.

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

Name of Petitioner: John Butcher.

Nature of Petitioner's Request: 8VAC20-390-80 provides: "It shall be the duty of the division superintendent to visit and inspect each school in his division. He shall inquire into all matters relating to the management of the school, the course of study, method of instruction, and use of textbooks, and shall give particular attention to the conditions of the school buildings." The petitioner requests the Board of Education to render its regulation enforceable by amending 8VAC20-390-80 to append the following paragraph: The division superintendent shall document each such visit, setting forth the date(s) and time(s) of the required visits and detailing the results of his inquiries. The resulting records shall be kept as public records, subject to inspection under the Freedom of Information Act. The division superintendent shall forward each year's records to the Department within 30 days after the close of the fiscal year.

Agency Plan for Disposition of Request: The agency has received the petitioner's request and announces a 21-day comment period, which will be published in the Virginia Register of Regulations.

Public Comment Deadline: April 28, 2013.

Agency Contact: Melissa Luchau, Director for Board Relations, Department of Education, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2924, or email

VA.R. Doc. No. R13-20; Filed March 15, 2013, 10:57 a.m.

w –––––––––––––––––– w



Agency Decision

Title of Regulation: 18VAC112-20. Regulations Governing the Practice of Physical Therapy.

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

Name of Petitioner: Sharan Zirges, PT.

Nature of Petitioner's Request: Sentara would like to ask the board to amend the rule (18VAC112-20-131) regarding who can provide educational experiences to include health care organizations accredited by any Centers for Medicare and Medicaid Services (CMS) approved accrediting body empowered to deem CMS accredited provider status.

All Sentara hospital facilities are now accredited by DNV. DNV Healthcare is the leading accreditor of U.S. hospitals integrating ISO 9001 quality compliance with the Medicare Conditions of Participation per their website. In addition, DNV accreditation requires an annual survey and the organization's continual compliance with the DNV accreditation process. Sentara Home Care services are accredited by CHAP – Community Health Accreditation Program, which is an independent, not-for-profit, accrediting body for community-based health care organizations. CHAP through "deeming authority" granted by the CMS has the regulatory authority to survey agencies providing home health, hospice, and home medical equipment services to determine if they meet the Medicare Conditions of Participation and CMS Quality Standards.

Agency's Decision: Request granted.

Statement of Reasons for Decision: The board has adopted an amendment to 18VAC112-20-131 by a fast-track action to replace the Joint Commission on Accreditation of Healthcare Organizations with "a national accrediting organization granted authority by the Centers for Medicare and Medicaid Services to assure compliance with Medicare conditions of participation."

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email

VA.R. Doc. No. R13-10; Filed; March 21, 2013, 2:23 p.m.