reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 100 - BOARD FOR OPTICIANS (ABOLISHED) › Chapter 20 - BOARD FOR OPTICIANS REGULATIONS (RENUMBERED AS 18VAC80-30) › Section 18VAC100-20-110 - Renumbered as 18VAC80-30-160

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 100 - BOARD FOR OPTICIANS (ABOLISHED) › Chapter 20 - BOARD FOR OPTICIANS REGULATIONS (RENUMBERED AS 18VAC80-30) › Section 18VAC100-20-120 - Renumbered as 18VAC80-30-170

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 100 - BOARD FOR OPTICIANS (ABOLISHED) › Chapter 20 - BOARD FOR OPTICIANS REGULATIONS (RENUMBERED AS 18VAC80-30) › Section 18VAC100-20-130 - Renumbered as 18VAC80-30-180

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 18VAC105-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Board of Optometry. This chapter does not apply to regulations, guidelines, or
					 other documents exempted or excluded from the provisions of the Administrative
					 Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 54.1-2400 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC105-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 54.1-2400 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC105-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  18VAC105-11-30, the agency shall
				  send the following information:
1. A notice
				  of intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC105-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC105-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC105-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC105-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC105-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 54.1-2400 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC105-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC105-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-5 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Active clinical practice" means as an average of 20 hours
				  per week or 640 hours per year of providing patient care.
"Adnexa" is defined as the conjoined, subordinate, or
				  immediately associated anatomic parts of the human eye, including eyelids and
				  eyebrows.
"Board" means the Virginia Board of Optometry.
"NBEO" means the National Board of Examiners in
				  Optometry.
"TMOD" means the treatment and management of ocular disease
				  portion of the NBEO examination.
"TPA" means therapeutic pharmaceutical agents.
"TPA certification" means authorization by the Virginia Board
				  of Optometry for an optometrist to treat diseases and abnormal conditions of
				  the human eye and its adnexa and to prescribe and administer certain
				  therapeutic pharmaceutical agents.
Statutory Authority: §§
											54.1-2400
					 and
					 54.1-3223
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-10 - Requirements for licensure

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				applicant, in order to be eligible for licensure to practice optometry in the
				Commonwealth, shall meet the requirements for TPA certification in
				18VAC105-20-16
				and shall:
1. Be a graduate of a school of
				optometry accredited by the Accreditation Council on Optometric Education or
				other accrediting body deemed by the board to be substantially equivalent; have
				an official transcript verifying graduation sent to the board;
2. Request submission of an official report
				from the NBEO of a score received on each required part of the NBEO examination
				or other board-approved examination;
3. Submit a completed application and the
				prescribed fee; and
4. Sign a
				statement attesting that the applicant has read, understands, and will comply
				with the statutes and regulations governing the practice of optometry in
				Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-15

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											54.1-2400
					 and
					 54.1-3223
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-16 - Requirements for TPA certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. An applicant for licensure shall meet the
				following requirements for TPA certification:
1. Complete a full-time, postgraduate or
				equivalent graduate-level optometric training program that is approved by the
				board and that shall include a minimum of 20 hours of clinical supervision by
				an ophthalmologist; and
2. Submit a
				passing score on the TPA certification examination, which shall be TMOD or be
				TPA-certified by an examination satisfactory to the board.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-20 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Required fees.
Initial application and licensure (including TPA
							 certification)
$250
Annual licensure renewal without TPA
							 certification
$150
Annual licensure renewal with TPA
							 certification
$200
Annual renewal of inactive license
$100
Late renewal without TPA certification
$50
Late renewal with TPA certification
$65
Late renewal of inactive license
$35
Handling fee for returned check or dishonored credit
							 card or debit card
$50
Reinstatement application fee (including renewal and
							 late fees)
$400
Reinstatement application after disciplinary
							 action
$500
Duplicate wall certificate
$25
Duplicate license
$10
Licensure verification
$10
B.
				Unless otherwise specified, all fees are nonrefundable.
C. From October 31, 2018, to December 31,
				2018, the following fees shall be in effect:
Annual licensure renewal without TPA
								certification
$75
Annual licensure renewal with TPA
								certification
$100
Annual professional designation renewal (per
								location)
$25
Statutory Authority: §
											54.1-2400
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-41 - Criteria for delegation of informal fact-finding proceedings to an agency subordinate

Current through Register Vol. 40, No. 24, July 15, 2024
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 may be
				delegated to an agency subordinate upon approval by a committee of the board,
				except those in which an optometrist may have conducted his practice in such a
				manner as to endanger the health and welfare of his patients or the
				public.
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.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-45 - Standards of practice

Current through Register Vol. 40, No. 24, July 15, 2024
A. An optometrist
				shall legibly document in a patient record the following:
1. During a routine or medical eye
				examination:
a. An adequate case history,
				including the patient's chief complaint;
b. The performance of appropriate
				testing;
c. The establishment of an
				assessment or diagnosis; and
d. A
				recommendation for an appropriate treatment or management plan, including any
				necessary follow-up.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-46 - Treatment guidelines for TPA-certified optometrists

Current through Register Vol. 40, No. 24, July 15, 2024
A. TPA-certified optometrists may treat
				diseases and abnormal conditions of the human eye and its adnexa that may be
				treated with medically appropriate pharmaceutical agents as referenced in
				18VAC105-20-47.
B. In addition, the following may be treated:
1. Glaucoma (excluding the treatment of
				congenital and infantile glaucoma). Treatment of angle closure shall follow the
				definition and protocol prescribed in subsection C of this section.
2. Ocular-related post-operative care in
				cooperation with patient's surgeon.
3. Ocular trauma to the above tissues as in
				subsection A of this section.
4.
				Uveitis.
5. Anaphylactic shock
				(limited to the administration of intramuscular
				epinephrine).
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-47 - Therapeutic pharmaceutical agents

Current through Register Vol. 40, No. 24, July 15, 2024
A. A TPA-certified optometrist, acting within
				the scope of his practice, may procure, administer, and prescribe medically
				appropriate therapeutic pharmaceutical agents (or any therapeutically
				appropriate combination thereof) to treat diseases and abnormal conditions of
				the human eye and its adnexa within the following categories:
1. Oral analgesics - Schedule II controlled
				substances consisting of hydrocodone in combination with acetaminophen and
				Schedules III, IV, and VI narcotic and nonnarcotic agents.
2. Topically administered Schedule VI agents:
a. Alpha-adrenergic blocking
				agents;
b. Alpha-adrenergic
				agonists;
c. Cholinergic
				agonists;
d. Anesthetic (including
				esters and amides);
e. Anti-allergy
				(including antihistamines and mast cell stabilizers);
f. Anti-fungal;
g. Anti-glaucoma (including carbonic
				anhydrase inhibitors and hyperosmotics);
h. Anti-infective (including antibiotics and
				antivirals);
i.
				Anti-inflammatory;
j. Cycloplegics
				and mydriatics;
k. Decongestants;
				and
l. Immunosuppressive
				agents.
3. Orally
				administered Schedule VI agents:
a.
				Aminocaproic acids (including antifibrinolytic agents);
b. Anti-allergy (including antihistamines and
				leukotriene inhibitors);
c.
				Anti-fungal;
d. Anti-glaucoma
				(including carbonic anhydrase inhibitors and hyperosmotics);
e. Anti-infective (including antibiotics and
				antivirals);
f. Anti-inflammatory
				(including steroidal and nonsteroidal);
g. Decongestants; and
h. Immunosuppressive agents.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-48 - Prescribing an opioid for acute pain

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nonpharmacologic and non-opioid treatment
				for pain shall be given consideration prior to treatment with opioids. If an
				opioid is considered necessary for the treatment of acute pain, a TPA-certified
				optometrist shall follow the regulations for prescribing and treating with
				opioids.
B. Prior to initiating
				treatment with a controlled substance containing an opioid for a complaint of
				acute pain, a TPA-certified optometrist shall perform a health history and
				physical examination appropriate to the complaint, query the Prescription
				Monitoring Program as set forth in §
									54.1-2522.1
				of the Code of Virginia, and conduct an assessment of the patient's history and
				risk of substance abuse.
C.
				Initiation of opioid treatment for all patients with acute pain shall include
				the following:
1. A prescription for an
				opioid shall be a short-acting opioid in the lowest effective dose for the
				fewest number of days, not to exceed seven days as determined by the
				manufacturer's directions for use, unless extenuating circumstances are clearly
				documented in the patient record.
2. A TPA-certified optometrist shall
				carefully consider and document in the patient record the reasons to exceed 50
				MME per day.
3. A prescription for
				naloxone should be considered for any patient when any risk factor of prior
				overdose, substance misuse, or concomitant use of benzodiazepine is
				present.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-49 - Prescribing an opioid for chronic pain

Current through Register Vol. 40, No. 24, July 15, 2024
If a TPA-certified optometrist treats a patient for whom an
				  opioid prescription is necessary for chronic pain, he shall either:
1. Refer the patient to a doctor of medicine
				or osteopathic medicine who is a pain management specialist; or
2. Comply with regulations of the Board of
				Medicine,
				18VAC85-21-60
				through
				18VAC85-21-120,
				if he chooses to manage the chronic pain with an opioid prescription.
Statutory Authority: §
											54.1-2400
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											54.1-2400
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-60 - Renewal of licensure; reinstatement; renewal fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every person authorized by the board to
				practice optometry shall, on or before December 31 of 2018, submit a completed
				renewal form and pay the prescribed annual licensure fee. Beginning with
				calendar year 2020, the renewal of licensure deadline shall be March 31 of each
				year. For calendar year 2019, no renewal is required.
B. It shall be the duty and responsibility of
				each licensee to assure that the board has the licensee's current address of
				record and the public address, if different from the address of record. All
				changes of address or name shall be furnished to the board within 30 days after
				the change occurs. All notices required by law or by these rules and
				regulations are to be deemed to be validly tendered when mailed to the address
				of record given and shall not relieve the licensee of the obligation to
				comply.
C. The license of every
				person who does not complete the renewal form and submit the renewal fee each
				year may be renewed for up to one year by paying the prescribed renewal fee and
				late fee, provided the requirements of
				18VAC105-20-70
				have been met. After the renewal deadline, a license that has not been renewed
				is lapsed. Practicing optometry in Virginia with a lapsed license may subject
				the licensee to disciplinary action.
D. An optometrist whose license has been
				lapsed for more than one year and who wishes to resume practice in Virginia
				shall apply for reinstatement. The executive director may grant reinstatement
				provided that:
1. The applicant has a
				current, unrestricted license in another United States jurisdiction and has
				been engaged in active clinical practice within the 12 months immediately
				preceding application for reinstatement; or
2. The applicant has satisfied current
				requirements for continuing education as specified in
				18VAC105-20-70
				for the period in which the license has been lapsed, not to exceed two years;
				and
3. The applicant has paid the
				prescribed reinstatement application fee.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-61 - Inactive licensure; reactivation

Current through Register Vol. 40, No. 24, July 15, 2024
A. An optometrist who holds a current,
				unrestricted license in Virginia may, 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 required to maintain continuing education
				requirements and shall not perform any act requiring a license to practice
				optometry in Virginia.
B. A
				licensee whose license has been inactive and who requests reactivation to an
				active license shall file an application, pay the difference between the
				inactive and active renewal fees for the current year, and provide
				documentation of having completed continuing education hours equal to the
				requirement for the number of years in which the license has been inactive, not
				to exceed 40 contact hours.
Statutory Authority: §
											54.1-2400
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-70 - Requirements for continuing education

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each license renewal of an active license
				shall be conditioned upon submission of evidence to the board of 20 hours of
				continuing education taken by the applicant during the previous license period.
				A licensee who completes more than 20 hours of continuing education in a year
				shall be allowed to carry forward up to 10 hours of continuing education for
				the next annual renewal cycle.
1. The 20
				hours may include up to two hours of recordkeeping for patient care, including
				coding for diagnostic and treatment devices and procedures or the management of
				an optometry practice, provided that such courses are not primarily for the
				purpose of augmenting the licensee's income or promoting the sale of specific
				instruments or products.
2. For
				optometrists who are certified in the use of therapeutic pharmaceutical agents,
				at least 10 of the required continuing education hours shall be in the areas of
				ocular and general pharmacology; diagnosis and treatment of the human eye and
				its adnexa, including treatment with new pharmaceutical agents; new or advanced
				clinical devices, techniques, modalities, or procedures; or pain
				management.
3. At least 10 hours
				shall be obtained through real-time, interactive activities, including
				in-person or electronic presentations, provided that during the course of the
				presentation, the licensee and the lecturer may communicate with one
				another.
4. A licensee may also
				include up to two hours of training in cardiopulmonary resuscitation
				(CPR).
5. Two hours of the 20 hours
				required for annual renewal may be satisfied through delivery of professional
				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 three hours of providing such volunteer services,
				as documented by the health department or free clinic.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Section 18VAC105-20-75 - Registration for voluntary practice by out-of-state licensees

Current through Register Vol. 40, No. 24, July 15, 2024
Any optometrist who does not hold a license to practice in
				  Virginia and who seeks registration to practice on a voluntary basis under the
				  auspices of a publicly supported, all volunteer, nonprofit organization that
				  sponsors the provision of health care to populations of underserved people
				  shall:
1. File a complete application
				for registration on a form provided by the board at least five business days
				prior to engaging in such practice. An incomplete application will not be
				considered;
2. Provide a complete
				list of professional licensure in each state in which he has held a license and
				a copy of any current license;
3.
				Provide the name of the nonprofit organization, the dates and location of the
				voluntary provision of services;
4.
				Pay a registration fee of $10; and
5. Provide a notarized statement from a
				representative of the nonprofit organization attesting to its compliance with
				provisions of subdivision 2 of § 54.1-3202 of the Code of
				Virginia.
Statutory Authority
§ 54.1-2400 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 105 - BOARD OF OPTOMETRY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF OPTOMETRY › Form - FORMS (18VAC105-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  Instructions for Licensure/TPA Certification (rev. 6/2020)
Instructions/Checklist
				  for Reactivation of an Inactive License (rev. 3/2023)
Instructions/Checklist
				  for Reinstatement of a License Following Discipline (TPA-Certified
				  Optometrist)(rev. 3/2023)
Instructions/Checklist
				  for Reinstatement of an Expired License (rev. 6/2020)
Application
				  for Registration for Volunteer Practice (rev. 6/2020)
Sponsor
				  Certification for Volunteer Registration (rev. 6/2020)
Licensure
				  Verification Form (rev. 6/2020)
Employment
				  Verification Form (rev. 6/2020)
Instructions
				  for Completing the Continuing Education (CE) Reporting Form (rev.
				  6/2020)
Continuing
				  Education Credit Form for Volunteer Practice (rev. 6/2020)
Name/Address
				  Change Form (rev. 6/2020)
Written
				  Evidence for Injections (rev. 6/2020)
Request
				  for Verification of a Virginia License (rev. 6/2020)
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 18VAC110-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Board of Pharmacy. This chapter does not apply to regulations, guidelines, or
					 other documents exempted or excluded from the provisions of the Administrative
					 Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 54.1-2400 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC110-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 54.1-2400 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC110-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  18VAC110-11-30, the agency shall
				  send the following information:
1. A notice
				  of intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC110-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC110-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC110-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC110-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC110-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 54.1-2400 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC110-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC110-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 15 - REGULATIONS FOR DELEGATION TO AN AGENCY SUBORDINATE › Section 18VAC110-15-10 - Criteria for delegation of informal fact-finding proceeding to an agency subordinate

Current through Register Vol. 40, No. 24, July 15, 2024
A. Decision
				to delegate. In accordance with subdivision 10 of §
									54.1-2400
				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 or an entity may be subject to a disciplinary
				action.
B. Criteria for delegation.
				Cases that may not be delegated to an agency subordinate, except as may be
				approved by a committee of the board, include those that involve:
1. Intentional or negligent conduct that
				causes or is likely to cause injury to a patient;
2. Drug diversion;
3. Impairment with an inability to practice
				with skill and safety;
4.
				Indiscriminate dispensing; and
5.
				Medication error in administration or dispensing.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHARMACY › Part I - General Provisions › Section 18VAC110-20-15

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												54.1-2400
						and
						54.1-3307
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHARMACY › Part I - General Provisions › Section 18VAC110-20-21

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												54.1-2400
						and
						54.1-3307
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHARMACY › Part I - General Provisions › Section 18VAC110-20-22

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												54.1-2400
						and
						54.1-3307
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHARMACY › Part I - General Provisions › Section 18VAC110-20-25 - Unprofessional conduct

Current through Register Vol. 40, No. 24, July 15, 2024
The following practices shall constitute unprofessional
					 conduct within the meaning of §
										54.1-3316
					 of the Code of Virginia:
1. Failing to
				  comply with provisions of §
										32.1-127.1:03
				  of the Code of Virginia related to the confidentiality and disclosure of
				  patient records or related to provision of patient records to another
				  practitioner or to the patient or the patient's personal
				  representative;
2. Willfully or
				  negligently breaching the confidentiality of a patient unless otherwise
				  required or permitted by applicable law;
3. Failing to maintain confidentiality of
				  information received from the Prescription Monitoring Program, obtaining such
				  information for reasons other than to assist in determining the validity of a
				  prescription to be filled, or misusing information received from the
				  program;
4. Failing to maintain
				  adequate safeguards against diversion of controlled substances;
5. Failing to appropriately respond to a
				  known dispensing error in a manner that protects the health and safety of the
				  patient;
6. Delegating a task
				  within the practice of pharmacy to a person who is not adequately trained to
				  perform such a task;
7. Failing by
				  the PIC to ensure that pharmacy interns and pharmacy technicians working in the
				  pharmacy are registered and that such registration is current;
8. Obtaining money or property of a patient
				  or client by fraud or misrepresentation;
9. Providing false information or failing to
				  cooperate with an employee of the Department of Health Professions in the
				  conduct on an investigation or inspection;
10. Violating any provision of this chapter
				  or Chapter 33 (§
										54.1-3300 et seq.) or
				  34 (§
										54.1-3400 et seq.) of
				  Title 54.1 of the Code of Virginia;
11. Performing any act likely to deceive,
				  defraud, or harm the public; or
12.
				  Having a restriction of a license, permit, or registration to practice in
				  another jurisdiction in the United States.
Statutory Authority: §§
												54.1-2400
						and
						54.1-3307
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHARMACY › Part II - Pharmacies › Section 18VAC110-20-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												54.1-2400
						and
						54.1-3307
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHARMACY › Part II - Pharmacies › Section 18VAC110-20-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												54.1-2400
						and
						54.1-3307
						of the Code of Virginia.