PETITIONS FOR RULEMAKINGVol. 30 Iss. 8 - December 16, 2013
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF NURSING
Initial Agency Notice
Title of Regulation: 18VAC90-20. Regulations Governing the Practice of Nursing.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Donna Pillatsch.
Nature of Petitioner's Request: Adopt some other way for non-direct care RNs to retain their license without having to focus on direct care skills. Suggest the board consider implementing easily achievable competency requirements for those RNs who are working in insurance companies, legal departments, utilization management, and other non-direct care professions.
Agency's Decision: Request denied.
Statement of Reason for Decision: At its meeting on November 20, 2013, the Board of Nursing decided to deny the petition because the current regulations do not differentiate between work in direct client care and other practice settings. There is not even a requirement for an RN to work anywhere to maintain an active license, and there is no requirement that the continuing education hours be focused on direct care skills. Regulations allow a licensee a number of options for fulfilling the continued competency requirements, including obtaining 30 hours of courses "relevant to the practice of nursing."
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R13-38; Filed November 20, 2013, 1:49 p.m.
Title of Regulation: 18VAC90-20. Regulations Governing the Practice of Nursing.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Gregory J. Huber.
Nature of Petitioner's Request: To revise requirements for continuing competency for nurses reactivating an inactive license or reinstating an expired license so requirements are not weaker than those for renewal of an active license. To reconsider passage of the National Council Licensing Examination as a method for reactivation/reinstatement.
Agency's Decision: Request granted.
Statement of Reason for Decision: At its meeting on November 20, 2013, the Board of Nursing decided to issue a Notice of Intended Regulatory Action (NOIRA) in response to the petition. At the time continuing competency requirements were adopted, the board recognized that there was some inconsistency between regulations for renewal of licensure and those for reactivation and reinstatement. Since those sections were not identified in the original NOIRA, it was determined that the regulation could not be amended as part of that regulatory action at that time. Regulatory language will be developed after publication of this NOIRA.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R14-01; Filed November 26, 2013, 2:10 p.m.
