reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 130 - REGULATIONS GOVERNING THE PRACTICE OF LICENSED MIDWIVES › Part III - Practice Standards › Section 18VAC85-130-100 - Client records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Practitioners
				  shall comply with provisions of § 32.1-127.1:03 of the Code of Virginia
				  related to the confidentiality and disclosure of client records.
B. Practitioners shall provide client records
				  to another practitioner or to the client or the client's personal
				  representative in a timely manner in accordance with provisions of §
				  32.1-127.1:03 of the Code of Virginia.
C. Practitioners shall properly manage client
				  records and shall maintain timely, accurate, legible and complete client
				  records. Practitioners shall clearly document objective findings, decisions and
				  professional actions based on continuous assessment for ongoing midwifery
				  care.
D. Practitioners shall
				  document a client's decisions regarding choices for care, including informed
				  consent or refusal of care. Practitioners shall clearly document when a
				  client's decisions or choices are in conflict with the professional judgment
				  and legal scope of practice of the licensed midwife.
E. Practitioners shall maintain a client
				  record for a minimum of six years following the last client encounter with the
				  following exceptions:
1. Records of a minor
				  child shall be maintained until the child reaches the age of 18 or becomes
				  emancipated, with a minimum time for record retention of six years from the
				  last client encounter regardless of the age of the child;
2. Records that have previously been
				  transferred to another practitioner or health care provider or provided to the
				  client or the client's personal representative do not have to be kept for a
				  minimum of six years following the last client encounter; or
3. Records that are required by contractual
				  obligation or federal law may need to be maintained for a longer period of
				  time.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 130 - REGULATIONS GOVERNING THE PRACTICE OF LICENSED MIDWIVES › Part III - Practice Standards › Section 18VAC85-130-110 - Practitioner-client communication; termination of relationship

Current through Register Vol. 40, No. 24, July 15, 2024
A. Communication with clients.
1. Except as provided in §
				  32.1-127.1:03F of the Code of Virginia, a practitioner shall accurately inform
				  a client or the client's legally authorized representative of the client's
				  assessment and prescribed plan of care. A practitioner shall not deliberately
				  make a false or misleading statement regarding the practitioner's skill or the
				  efficacy or value of a treatment or procedure directed by the
				  practitioner.
2. A practitioner
				  shall present information relating to the client's care to a client or the
				  client's legally authorized representative in understandable terms and
				  encourage participation in the decisions regarding the client's care.
3. Before any invasive procedure is
				  performed, informed consent shall be obtained from the client. Practitioners
				  shall inform clients of the risks, benefits, and alternatives of the
				  recommended procedure that a reasonably prudent licensed midwife practicing in
				  Virginia would tell a client. In the instance of a minor or a client who is
				  incapable of making an informed decision on the client's own behalf or is
				  incapable of communicating such a decision due to a physical or mental
				  disorder, the legally authorized person available to give consent shall be
				  informed and the consent documented.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 130 - REGULATIONS GOVERNING THE PRACTICE OF LICENSED MIDWIVES › Part III - Practice Standards › Section 18VAC85-130-120 - Practitioner responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  practitioner shall:
1. Transfer care
				  immediately in critical situations that are deemed to be unsafe to a client or
				  infant and remain with the client until the transfer is complete;
2. Work collaboratively with other health
				  professionals and refer a client or an infant to appropriate health care
				  professionals when either needs care outside the midwife's scope of practice or
				  expertise; and
3. Base choices of
				  interventions on empirical and/or research evidence that would indicate the
				  probable benefits outweigh the risks.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 130 - REGULATIONS GOVERNING THE PRACTICE OF LICENSED MIDWIVES › Part III - Practice Standards › Section 18VAC85-130-130 - Advertising ethics

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any statement
				  specifying a fee, whether standard, discounted or free, for professional
				  services that does not include the cost of all related procedures, services and
				  products that, to a substantial likelihood, will be necessary for the
				  completion of the advertised service as it would be understood by an ordinarily
				  prudent person shall be deemed to be deceptive or misleading, or both. Where
				  reasonable disclosure of all relevant variables and considerations is made, a
				  statement of a range of prices for specifically described services shall not be
				  deemed to be deceptive or misleading.
B. Advertising a discounted or free service,
				  examination, or treatment and charging for any additional service, examination,
				  or treatment that is performed as a result of and within 72 hours of the
				  initial office visit in response to such advertisement is unprofessional
				  conduct unless such professional services rendered are as a result of a bona
				  fide emergency. This provision may not be waived by agreement of the client and
				  the practitioner.
C. Advertisements
				  of discounts shall disclose the full fee that has been discounted. The
				  practitioner shall maintain documented evidence to substantiate the discounted
				  fees and shall make such information available to a consumer upon
				  request.
D. A licensee shall
				  disclose the complete name of the board that conferred the certification when
				  using or authorizing the use of the term "board certified" or any similar words
				  or phrase calculated to convey the same meaning in any advertising for the
				  licensee's practice.
E. A licensee
				  of the board shall not advertise information that is false, misleading, or
				  deceptive. For an advertisement for a single practitioner, it shall be presumed
				  that the practitioner is responsible and accountable for the validity and
				  truthfulness of its content. For an advertisement for a practice in which there
				  is more than one practitioner, the name of the practitioner or practitioners
				  responsible and accountable for the content of the advertisement shall be
				  documented and maintained by the practice for at least two years.
Statutory Authority
§§ 54.1-2400 and 54.1-2957.9 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 130 - REGULATIONS GOVERNING THE PRACTICE OF LICENSED MIDWIVES › Part III - Practice Standards › Section 18VAC85-130-140 - Vitamins, minerals and food supplements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The recommendation or direction for the
				  use of vitamins, minerals or food supplements and the rationale for that
				  recommendation shall be documented by the practitioner. The recommendation or
				  direction shall be based upon a reasonable expectation that such use will
				  result in a favorable client outcome, including preventive practices, and that
				  a greater benefit will be achieved than that which can be expected without such
				  use.
B. Vitamins, minerals, or food
				  supplements, or a combination of the three, shall not be sold, dispensed,
				  recommended, prescribed, or suggested in doses that would be contraindicated
				  based on the individual client's overall medical condition and
				  medications.
C. The practitioner
				  shall conform to the standards of the practitioner's particular branch of the
				  healing arts in the therapeutic application of vitamins, minerals or food
				  supplement therapy.
Statutory Authority
§§ 54.1-2400 and 54.1-2957.9 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 130 - REGULATIONS GOVERNING THE PRACTICE OF LICENSED MIDWIVES › Part III - Practice Standards › Section 18VAC85-130-150 - Solicitation or remuneration in exchange for referral

Current through Register Vol. 40, No. 24, July 15, 2024
A practitioner shall not knowingly and willfully solicit
					 or receive any remuneration, directly or indirectly, in return for referring an
					 individual to a facility as defined in § 37.2-100 of the Code of Virginia,
					 or hospital as defined in § 32.1-123 of the Code of Virginia.
Remuneration shall be defined as compensation, received in
					 cash or in kind, but shall not include any payments, business arrangements, or
					 payment practices allowed by 42 USC § 1320a - 7b(b), as amended, or any
					 regulations promulgated thereto.
Statutory Authority
§§ 54.1-2400 and 54.1-2957.9 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 130 - REGULATIONS GOVERNING THE PRACTICE OF LICENSED MIDWIVES › Part III - Practice Standards › Section 18VAC85-130-160 - Sexual contact

Current through Register Vol. 40, No. 24, July 15, 2024
A. For purposes
				  of § 54.1-2915A 12 and A 19 of the Code of Virginia and this section,
				  sexual contact includes, but is not limited to, sexual behavior or verbal or
				  physical behavior that:
1. May reasonably be
				  interpreted as intended for the sexual arousal or gratification of the
				  practitioner, the client, or both; or
2. May reasonably be interpreted as romantic
				  involvement with a client regardless of whether such involvement occurs in the
				  professional setting or outside of it.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 130 - REGULATIONS GOVERNING THE PRACTICE OF LICENSED MIDWIVES › Part III - Practice Standards › Section 18VAC85-130-170 - Refusal to provide information

Current through Register Vol. 40, No. 24, July 15, 2024
A practitioner shall not willfully refuse to provide
					 information or records as requested or required by the board or its
					 representative pursuant to an investigation or to the enforcement of a statute
					 or regulation.
Statutory Authority
§§ 54.1-2400 and 54.1-2957.9 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 130 - REGULATIONS GOVERNING THE PRACTICE OF LICENSED MIDWIVES › Form - FORMS (18VAC85-130)

Current through Register Vol. 40, No. 24, July 15, 2024
Instructions
				  for Completing a Licensed Midwife Application (rev. 3/2017)
Form
				  A, Claims History (rev. 11/2010)
Form
				  B Supplemental Form (rev. 9/2018)
Form
				  C, Jurisdiction Clearance (rev. 11/2010)
Instructions
				  and Application for Reinstatement of a License to Practice as a Certified
				  Professional Midwife (CPM) (rev. 4/2018)
Application
				  to Reactivate an Inactive License for a Licensed Midwife (rev.
				  5/2019)
License
				  Verification Request (rev. 2/2024)
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part I - Eligibility for premium tax credit › Section 18VAC85-140-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				  word and term when used in this chapter shall have the meaning ascribed to it
				  in § 54.1-2900 of the Code of Virginia:
"Board"
B. The following words and terms when used in
				  this chapter shall have the meanings ascribed to them in § 54.1-2957.15 of
				  the Code of Virginia:
"Polysomnographic technology"
"Practice of polysomnographic technology"
C. 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 polysomnographic technologist within the 24-month
					 period immediately preceding application for reinstatement or reactivation of
					 licensure. The active practice of polysomnographic technology may include
					 supervisory, administrative, educational, or consultative activities or
					 responsibilities for the delivery of such services.
"Advisory board" means the Advisory Board on
					 Polysomnographic Technology to the Board of Medicine as specified in §
					 54.1-2957.14 of the Code of Virginia.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.15 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part I - Eligibility for premium tax credit › Section 18VAC85-140-20 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A separate board regulation, 18VAC85-11, provides for
					 involvement of the public in the development of all regulations of the Virginia
					 Board of Medicine.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.15 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part I - Eligibility for premium tax credit › Section 18VAC85-140-30 - Current name and address

Current through Register Vol. 40, No. 24, July 15, 2024
Each licensee shall furnish the board his current name and
					 address of record. All notices required by law or by this chapter to be given
					 by the board to any such licensee shall be validly given when sent to the
					 latest address of record provided or served to the licensee. Any change of name
					 or change in the address of record or public address, if different from the
					 address of record, shall be furnished to the board within 30 days of such
					 change.
Statutory Authority: §
												54.1-2400
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part I - Eligibility for premium tax credit › Section 18VAC85-140-40 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
The following fees are required:
1. The application fee, payable at the time
				  the application is filed, shall be $130.
2. The biennial fee for renewal of active
				  licensure shall be $135 and for renewal of inactive licensure shall be $70,
				  payable in each odd-numbered year in the license holder's birth month. For
				  2021, the renewal fee for an active license shall be $108, and the renewal fee
				  for an inactive license shall be $54.
3. The additional fee for late renewal of
				  licensure within one renewal cycle shall be $50.
4. The fee for reinstatement of a license
				  that has lapsed for a period of two years or more shall be $180 and must be
				  submitted with an application for licensure reinstatement.
5. The fee for reinstatement of a license
				  pursuant to §
										54.1-2408.2
				  of the Code of Virginia shall be $2,000.
6. The fee for a duplicate license shall be
				  $5.00, and the fee for a duplicate wall certificate shall be $15.
7. The handling fee for a returned check or a
				  dishonored credit card or debit card shall be $50.
8. The fee for a letter of good standing or
				  verification to another jurisdiction shall be $10.
Statutory Authority: §
												54.1-2400
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part II - Requirements for Licensure as a Polysomnographic Technologist › Section 18VAC85-140-45 - Practice as a student or trainee

Current through Register Vol. 40, No. 24, July 15, 2024
A student enrolled in an educational program in
					 polysomnographic technology or a person engaged in a traineeship is not
					 required to hold a license to practice polysomnographic technology, provided
					 that such student or trainee is under the direct supervision of a licensed
					 polysomnographic technologist or a licensed doctor of medicine or osteopathic
					 medicine.
1. Any student or trainee
				  shall be identified to patients as a student or trainee in polysomnographic
				  technology.
2. A student or trainee
				  is required to have a license to practice after 18 months from the start of the
				  educational program or traineeship or six months from the conclusion of such
				  program or traineeship, whichever is earlier.
Statutory Authority: §§
												54.1-2400
						and
						54.1-2957.15
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part II - Requirements for Licensure as a Polysomnographic Technologist › Section 18VAC85-140-50 - Application requirements

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant for licensure shall submit the following on
					 forms provided by the board:
1. A
				  completed application and a fee as prescribed in
				  18VAC85-140-40.
2. Verification of a professional credential
				  in polysomnographic technology as required in
				  18VAC85-140-60.
3. Verification of practice as required on
				  the application form.
4. If
				  licensed or certified in any other jurisdiction, documentation of any
				  disciplinary action taken or pending in that jurisdiction.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.15 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part II - Requirements for Licensure as a Polysomnographic Technologist › Section 18VAC85-140-60 - Licensure requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				  applicant for a license to practice as a polysomnographic technologist shall
				  provide documentation of one of the following:
1. Current certification as a Registered
				  Polysomnographic Technologist (RPSGT) by the Board of Registered
				  Polysomnographic Technologists;
2.
				  Documentation of the Sleep Disorders Specialist credential from the National
				  Board of Respiratory Care (NBRC-SDS); or
3. A professional certification or credential
				  approved by the board from an organization or entity that meets the
				  accreditation standards of the Institute for Credentialing
				  Excellence.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part III - Renewal and Reinstatement › Section 18VAC85-140-70 - Renewal of license

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every
				  licensed polysomnographic technologist who intends to maintain an active
				  license shall biennially renew his license each odd-numbered year during his
				  birth month and shall:
1. Submit the
				  prescribed renewal fee;
2. Attest
				  to having current certification in Basic Life Support for Health Care Providers
				  with a hands-on practice training evaluation segment; and
3. Attest to having met the continuing
				  education requirements of
				  18VAC85-140-100.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part III - Renewal and Reinstatement › Section 18VAC85-140-80 - Inactive license

Current through Register Vol. 40, No. 24, July 15, 2024
A licensed polysomnographic technologist who holds a
					 current, unrestricted license in Virginia shall, upon a request at the time of
					 renewal and submission of the required fee, be issued an inactive license. The
					 holder of an inactive license shall not be entitled to perform any act
					 requiring a license to practice polysomnographic technology in
					 Virginia.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.15 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part III - Renewal and Reinstatement › Section 18VAC85-140-90 - Reactivation or reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
A. To
				  reactivate an inactive license or to reinstate a license that has been lapsed
				  for more than two years, a polysomnographic technologist shall submit an
				  attestation of current certification in Basic Life Support for Health Care
				  Providers with a hands-on practice training evaluation segment and evidence of
				  competency to return to active practice to include one of the following:
1. Information on continued active practice
				  in another jurisdiction during the period in which the license has been
				  inactive or lapsed;
2. Attestation
				  of at least 10 hours of continuing education for each year in which the license
				  has been inactive or lapsed, not to exceed three years; or
3. Recertification by passage of an
				  examination for the Registered Polysomnographic Technologist (RPSGT), the Sleep
				  Disorders Specialist credential from the National Board of Respiratory Care
				  (NBRC-SDS), or other credential approved by the board for initial
				  licensure.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part III - Renewal and Reinstatement › Section 18VAC85-140-100 - Continuing education requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to renew an active license as a
				  polysomnographic technologist, a licensee shall attest to having successfully
				  completed 20 hours of continuing education in courses directly related to the
				  practice of polysomnographic technology as approved and documented by a
				  provider recognized by one of the following:
1. The Board of Registered Polysomnographic
				  Technologists Education Advisory Board (BRPT-EAC);
2. The American Academy of Sleep Medicine
				  (AASM);
3. The American Medical
				  Association for Category 1 continuing medical education credit;
4. The American Association of Sleep
				  Technologists (AAST);
5. The
				  American Society of Electroneurodiagnostic Technologists, Inc.
				  (ASET);
6. The American Association
				  for Respiratory Care (AARC);
7. The
				  American Nurses Association (ANA); or
8. The American College of Chest Physicians
				  (ACCP).
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part IV - Scope of Practice › Section 18VAC85-140-110 - General responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
A polysomnographic technologist shall engage in the
					 practice of polysomnographic technology, as defined in § 54.1-2957.15 of
					 the Code of Virginia, upon receipt of written or verbal orders from a qualified
					 practitioner and under qualified medical direction. The practice of
					 polysomnographic technology may include supervisory, administrative,
					 educational, or consultative activities or responsibilities for the delivery of
					 such services.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.15 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part IV - Scope of Practice › Section 18VAC85-140-120 - Supervisory responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  A polysomnographic technologist shall be responsible for supervision of
				  unlicensed polysomnographic personnel who work under his direction and shall be
				  ultimately responsible and accountable for patient care and outcomes under his
				  clinical supervision.
B. Delegation
				  to unlicensed polysomnographic personnel shall:
1. Not include delegation of the
				  discretionary aspects of the initial assessment, evaluation, or development of
				  a treatment plan for a patient nor shall it include any task requiring a
				  clinical decision or the knowledge, skills, and judgment of a licensed
				  polysomnographic technologist.
2.
				  Only be made if, in the judgment of the polysomnographic technologist, the task
				  or procedures do not require the exercise of professional judgment, can be
				  properly and safely performed by appropriately trained unlicensed personnel,
				  and the delegation does not jeopardize the health or safety of the
				  patient.
3. Be communicated on a
				  patient-specific basis with clear, specific instructions for performance of
				  activities, potential complications, and expected results.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part V - Standards of Professional Conduct › Section 18VAC85-140-130 - Confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
A practitioner shall not willfully or negligently breach
					 the confidentiality between a practitioner and a patient. A breach of
					 confidentiality that is required or permitted by applicable law or beyond the
					 control of the practitioner shall not be considered negligent or
					 willful.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.15 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part V - Standards of Professional Conduct › Section 18VAC85-140-140 - Patient records

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  practitioner shall comply with the provisions of § 32.1-127.1:03 of the
				  Code of Virginia related to the confidentiality and disclosure of patient
				  records.
B. A practitioner shall
				  provide patient records to another practitioner or to the patient or his
				  personal representative in a timely manner in accordance with provisions of
				  § 32.1-127.1:03 of the Code of Virginia.
C. A practitioner shall properly manage and
				  keep timely, accurate, legible, and complete patient records.
D. A practitioner who is employed by a health
				  care institution or other entity in which the individual practitioner does not
				  own or maintain his own records shall maintain patient records in accordance
				  with the policies and procedures of the employing entity.
E. A practitioner who is self-employed or
				  employed by an entity in which the individual practitioner owns and is
				  responsible for patient records shall:
1.
				  Maintain a patient record for a minimum of six years following the last patient
				  encounter with the following exceptions:
a.
				  Records of a minor child, including immunizations, shall be maintained until
				  the child reaches the age of 18 years or becomes emancipated, with a minimum
				  time for record retention of six years from the last patient encounter
				  regardless of the age of the child;
b. Records that have previously been
				  transferred to another practitioner or health care provider or provided to the
				  patient or his personal representative; or
c. Records that are required by contractual
				  obligation or federal law may need to be maintained for a longer period of
				  time.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part V - Standards of Professional Conduct › Section 18VAC85-140-150 - Practitioner-patient communication; termination of relationship

Current through Register Vol. 40, No. 24, July 15, 2024
A. Communication with patients.
1. Except as provided in §
				  32.1-127.1:03F of the Code of Virginia, a practitioner shall accurately present
				  information to a patient or his legally authorized representative in
				  understandable terms and encourage participation in decisions regarding the
				  patient's care.
2. A practitioner
				  shall not deliberately make a false or misleading statement regarding the
				  practitioner's skill or the efficacy or value of a medication, treatment, or
				  procedure provided or directed by the practitioner in the treatment of any
				  disease or condition.
3. Before an
				  invasive procedure is performed, informed consent shall be obtained from the
				  patient in accordance with the policies of the health care entity.
				  Practitioners shall inform patients of the risks, benefits, and alternatives of
				  the recommended procedure that a reasonably prudent practitioner practicing
				  polysomnographic technology in Virginia would tell a patient.
a. In the instance of a minor or a patient
				  who is incapable of making an informed decision on his own behalf or is
				  incapable of communicating such a decision due to a physical or mental
				  disorder, the legally authorized person available to give consent shall be
				  informed and the consent documented.
b. An exception to the requirement for
				  consent prior to performance of an invasive procedure may be made in an
				  emergency situation when a delay in obtaining consent would likely result in
				  imminent harm to the patient.
c.
				  For the purposes of this provision, "invasive procedure" means any diagnostic
				  or therapeutic procedure performed on a patient that is not part of routine,
				  general care and for which the usual practice within the health care entity is
				  to document specific informed consent from the patient or surrogate decision
				  maker prior to proceeding.
4. Practitioners shall adhere to requirements
				  of § 32.1-162.18 of the Code of Virginia for obtaining informed consent
				  from patients prior to involving them as subjects in human research with the
				  exception of retrospective chart reviews.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part V - Standards of Professional Conduct › Section 18VAC85-140-160 - Practitioner responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  practitioner shall not:
1. Perform procedures
				  or techniques that are outside the scope of his practice or for which he is not
				  trained and individually competent;
2. Knowingly allow subordinates to jeopardize
				  patient safety or provide patient care outside of the subordinate's scope of
				  practice or area of responsibility. Practitioners shall delegate patient care
				  only to subordinates who are properly trained and supervised;
3. Engage in an egregious pattern of
				  disruptive behavior or interaction in a health care setting that interferes
				  with patient care or could reasonably be expected to adversely impact the
				  quality of care rendered to a patient; or
4. Exploit the practitioner-patient
				  relationship for personal gain.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part V - Standards of Professional Conduct › Section 18VAC85-140-170 - Solicitation or remuneration in exchange for referral

Current through Register Vol. 40, No. 24, July 15, 2024
A practitioner shall not knowingly and willfully solicit
					 or receive any remuneration, directly or indirectly, in return for referring an
					 individual to a facility or institution as defined in § 37.2-100 of the
					 Code of Virginia or hospital as defined in § 32.1-123 of the Code of
					 Virginia.
"Remuneration" means compensation, received in cash or in
					 kind, but shall not include any payments, business arrangements, or payment
					 practices allowed by 42 USC § 1320 a-7b(b), as amended, or any regulations
					 promulgated thereto.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.15 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part V - Standards of Professional Conduct › Section 18VAC85-140-180 - Sexual contact

Current through Register Vol. 40, No. 24, July 15, 2024
A. For purposes
				  of § 54.1-2915A 12 and A 19 of the Code of Virginia and this section,
				  "sexual contact" includes but is not limited to sexual behavior or verbal or
				  physical behavior that:
1. May reasonably be
				  interpreted as intended for the sexual arousal or gratification of the
				  practitioner, the patient, or both; or
2. May reasonably be interpreted as romantic
				  involvement with a patient regardless of whether such involvement occurs within
				  the professional setting or outside of it.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Part V - Standards of Professional Conduct › Section 18VAC85-140-190 - Refusal to provide information

Current through Register Vol. 40, No. 24, July 15, 2024
A practitioner shall not willfully refuse to provide
					 information or records as requested or required by the board or its
					 representative pursuant to an investigation or to the enforcement of a statute
					 or regulation.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.15 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 140 - REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS › Form - FORMS (18VAC85-140)

Current through Register Vol. 40, No. 24, July 15, 2024
Instructions
				  for Completing an Application to Practice as a Polysomnographic Technologist in
				  Virginia (rev. 12/2017)
Form
				  C, Verification Form (rev. 8/2013)
Application
				  to Reactivate an Inactive License for a Polysomnographic Technologist (rev.
				  10/2018)
License
				  Verification Request (rev. 2/2024)
Statutory Authority: §§ 54.1-2400 and
					 54.1-2957.15 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part I - General Provisions › Section 18VAC85-150-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				  words and terms when used in this chapter shall have the meanings ascribed to
				  them in § 54.1-2900 of the Code of Virginia:
Board
Practice of behavior analysis
B. The following words and terms when used in
				  this chapter shall have the following meanings unless the context clearly
				  indicates otherwise:
"BACB" means the Behavior Analyst Certification Board,
					 Inc.
"BCBA®" means a Board Certified Behavior
					 Analyst®.
"BCaBA®" means a Board Certified Assistant Behavior
					 Analyst®.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.16 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part I - General Provisions › Section 18VAC85-150-20 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A separate board regulation, 18VAC85-10, provides for
					 involvement of the public in the development of all regulations of the Virginia
					 Board of Medicine.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.16 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part I - General Provisions › Section 18VAC85-150-30 - Current name and address

Current through Register Vol. 40, No. 24, July 15, 2024
Each licensee shall furnish the board his current name and
					 address of record. All notices required by law or by this chapter to be given
					 by the board to any such licensee shall be validly given when sent to the
					 latest address of record provided or served to the licensee. Any change of name
					 or change in the address of record or public address, if different from the
					 address of record, shall be furnished to the board within 30 days of such
					 change.
Statutory Authority: §
												54.1-2400
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part I - General Provisions › Section 18VAC85-150-40 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				  fees have been established by the board:
1.
				  The initial fee for the behavior analyst license shall be $130; for the
				  assistant behavior analyst license, it shall be $70.
2. The fee for reinstatement of the behavior
				  analyst license that has been lapsed for two years or more shall be $180; for
				  the assistant behavior analyst license, it shall be $90.
3. The fee for active license renewal for a
				  behavior analyst shall be $135; for an assistant behavior analyst, it shall be
				  $70. The fees for inactive license renewal shall be $70 for a behavior analyst
				  and $35 for an assistant behavior analyst. Renewals shall be due in the birth
				  month of the licensee in each odd-numbered year. For 2021, the renewal of an
				  active license as a behavior analyst shall be $108, and the renewal fee for an
				  inactive license shall be $54; the renewal fee for an active license as an
				  assistant behavior analyst shall be $54, and the renewal fee for an inactive
				  license shall be $28.
4. The
				  additional fee for processing a late renewal application within one renewal
				  cycle shall be $50 for a behavior analyst and $30 for an assistant behavior
				  analyst.
5. The fee for a letter of
				  good standing or verification to another jurisdiction for a license shall be
				  $10.
6. The fee for reinstatement
				  of licensure pursuant to §
											54.1-2408.2
				  of the Code of Virginia shall be $2,000.
7. The handling fee for a returned check or a
				  dishonored credit card or debit card shall be $50.
8. The fee for a duplicate license shall be
				  $5.00, and the fee for a duplicate wall certificate shall be $15.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part II - Requirements for Licensure as a Behavior Analyst or an Assistant Behavior Analyst › Section 18VAC85-150-50 - Application requirements

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant for licensure shall submit the following on
					 forms provided by the board:
1. A
				  completed application and a fee as prescribed in
				  18VAC85-150-40.
2. Verification of certification as required
				  in 18VAC85-150-60.
3. Verification of practice as required on
				  the application form.
4. If
				  licensed or certified in any other jurisdiction, verification that there has
				  been no disciplinary action taken or pending in that jurisdiction.
5. Verification from the BACB on disciplinary
				  action taken or pending by that body.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.16 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part II - Requirements for Licensure as a Behavior Analyst or an Assistant Behavior Analyst › Section 18VAC85-150-60 - Licensure requirement

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant for a license to practice as a behavior
					 analyst or an assistant behavior analyst shall hold current certification as a
					 BCBA® or a BCaBA® obtained by meeting qualifications and passage of the
					 examination required for certification as a BCBA® or a BCaBA® by the
					 BACB.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.16 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part III - Renewal and Reinstatement › Section 18VAC85-150-70 - Renewal of licensure

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every
				  behavior analyst or assistant behavior analyst who intends to maintain an
				  active license shall biennially renew his license each odd-numbered year during
				  his birth month and shall:
1. Submit the
				  prescribed renewal fee; and
2.
				  Attest to having met the continuing education requirements of
				  18VAC85-150-100.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part III - Renewal and Reinstatement › Section 18VAC85-150-80 - Inactive licensure

Current through Register Vol. 40, No. 24, July 15, 2024
A behavior analyst or assistant behavior analyst who holds
					 a current, unrestricted license in Virginia shall, upon a request on the
					 renewal application and submission of the required fee, be issued an inactive
					 license. The holder of an inactive license shall not be entitled to perform any
					 act requiring a license to practice as a behavior analyst or assistant behavior
					 analyst in Virginia.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.16 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part III - Renewal and Reinstatement › Section 18VAC85-150-90 - Reactivation or reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  To reactivate an inactive license or to reinstate a license that has been
				  lapsed for more than two years, a behavior analyst or assistant behavior
				  analyst shall submit evidence of competency to return to active practice to
				  include one of the following:
1. Information
				  on continued practice in another jurisdiction as a licensed behavior analyst or
				  a licensed assistant behavior analyst or with certification as a
				  BCBA® or BCaBA®
				  during the period in which the license has been inactive or lapsed;
2. Sixteen hours of continuing education for
				  each year in which the license as a behavior analyst or 10 hours for each year
				  in which the license as an assistant behavior analyst has been inactive or
				  lapsed, not to exceed three years; or
3. Recertification by passage of the
				  BCBA® or the
				  BCaBA® certification examination from the
				  BACB.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part III - Renewal and Reinstatement › Section 18VAC85-150-100 - Continuing education requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to renew an active license, a
				  behavior analyst shall attest to having completed 32 hours of continuing
				  education and an assistant behavior analyst shall attest to having completed 20
				  hours of continuing education as approved and documented by a sponsor
				  recognized by the BACB within the last biennium. Four of the required hours
				  shall be related to ethics in the practice of behavior analysis. Up to two
				  continuing education hours may be satisfied through delivery of behavioral
				  analysis 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. One hour of continuing
				  education may be credited for three hours of providing such volunteer services.
				  For the purpose of continuing education credit for voluntary service, the hours
				  shall be approved and documented by the health department or free
				  clinic.
B. A practitioner shall be
				  exempt from the continuing education requirements for the first biennial
				  renewal following the date of initial licensure in Virginia.
C. The practitioner shall retain in his
				  records the completed form with all supporting documentation for a period of
				  four years following the renewal of an active license.
D. The board shall periodically conduct a
				  random audit of its active licensees to determine compliance. The practitioners
				  selected for the audit shall provide all supporting documentation within 30
				  days of receiving notification of the audit.
E. Failure to comply with these requirements
				  may subject the licensee to disciplinary action by the board.
F. The board may grant an extension of the
				  deadline for continuing education requirements, for up to one year, for good
				  cause shown upon a written request from the licensee prior to the renewal
				  date.
G. The board may grant an
				  exemption from 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.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.16 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 150 - REGULATIONS GOVERNING THE PRACTICE OF BEHAVIOR ANALYSIS › Part IV - Scope of Practice › Section 18VAC85-150-110 - Scope of practice

Current through Register Vol. 40, No. 24, July 15, 2024
The practice of a behavior analyst includes:
1. Design, implementation, and evaluation of
				  environmental modifications using the principles and methods of behavior
				  analysis to produce socially significant improvement in human behavior,
				  including the use of direct observation, measurement, and functional analysis
				  of the relationship between environment and behavior; and
2. Supervision of licensed assistant behavior
				  analysts and unlicensed personnel.
Statutory Authority: §§ 54.1-2400 and
						54.1-2957.16 of the Code of Virginia.