reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 20 - HEARING AID SPECIALISTS REGULATIONS › Part V - Standards of Practice and Conduct › Section 18VAC80-20-250 - Testing procedures

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be the duty of each licensee and holder of a
					 temporary permit engaged in the fitting and sale of hearing aids to use
					 appropriate testing procedures for each hearing aid fitting. All tests and case
					 history information must be retained in the records of the specialist. The
					 established requirements shall be:
1.
				  Air Conduction Tests A.N.S.I. standard frequencies of
				  500-1000-2000-4000-6000-8000 Hertz. Intermediate frequencies shall be tested if
				  the threshold difference between octaves exceeds 15dB. Appropriate masking must
				  be used if the difference between the two ears is 40 dB or more at any one
				  frequency.
2. Bone Conduction Tests
				  are to be made on every client--A.N.S.I. standards at 500-1000-2000-4000 Hertz.
				  Proper masking is to be applied if the air conduction and bone conduction
				  readings for the test ear at any one frequency differ by 15 dB or if
				  lateralization occurs.
3. Speech
				  testings shall be made before fittings and shall be recorded with type of test,
				  method of presentation and the test results.
4. The specialist shall check for the
				  following conditions and, if they are found to exist, shall refer the client to
				  a licensed physician unless the client can show that his present condition is
				  under treatment or has been treated:
a.
				  Visible congenital or traumatic deformity of the ear.
b. History of active drainage from the ear
				  within the previous 90 days.
c.
				  History of sudden or rapidly progressive hearing loss within the previous 90
				  days.
d. Acute or chronic
				  dizziness.
e. Unilateral hearing
				  loss.
f. Audiometric air bone gap
				  equal to or greater than 15 dB at 500 Hertz, 1000 Hertz, and 2000
				  Hertz.
g. Visible evidence or
				  significant cerumen accumulation or a foreign body in the ear canal.
h. Tinnitus as a primary symptom.
i. Pain or discomfort in the ear.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 20 - HEARING AID SPECIALISTS REGULATIONS › Part V - Standards of Practice and Conduct › Section 18VAC80-20-260 - Calibration statement required

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Audiometers used in testing the hearing impaired must be in
				  calibration.
B. Calibration must be
				  done once a year or more often, if needed.
C. A certified copy of an electronic
				  audiometer calibration shall be maintained for three years and shall be made
				  available to the department upon request.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 20 - HEARING AID SPECIALISTS REGULATIONS › Part V - Standards of Practice and Conduct › Section 18VAC80-20-270 - Grounds for discipline

Current through Register Vol. 40, No. 24, July 15, 2024
The board may, in considering the totality of the
					 circumstances, fine any temporary permit holder or licensee, and suspend, place
					 on probation, or revoke, or refuse to renew any temporary permit or license or
					 deny any application issued under the provisions of Chapter 15 (§
										54.1-1500 et seq.) of
					 Title 54.1 of the Code of Virginia and this chapter. Disciplinary procedures
					 are governed by the Administrative Process Act, Chapter 40 (§
										2.2-4000 et
					 seq.) of Title 2.2 of the Code of Virginia. In exercising its disciplinary
					 function, the board will consider the totality of the circumstances of each
					 case. Any licensee is subject to board discipline for any of the
					 following:
1. Improper conduct,
				  including:
a. Obtaining, renewing, or
				  attempting to obtain a license by false or fraudulent representation;
b. Obtaining any fee or making any sale by
				  fraud or misrepresentation;
c.
				  Employing to fit or sell hearing aids a person who does not hold a valid
				  license or a temporary permit, or whose license or temporary permit is
				  suspended;
d. Using, causing, or
				  promoting the use of any misleading, deceptive, or untruthful advertising
				  matter, promotional literature, testimonial, guarantee, warranty, label, brand,
				  insignia, or any other representation, whether disseminated orally or
				  published;
e. Advertising a
				  particular model or type of hearing aid for sale when purchasers or prospective
				  purchasers responding to the advertisement cannot purchase the advertised model
				  or type;
f. Representing that the
				  service or advice of a person licensed to practice medicine or audiology will
				  be used in the selection, fitting, adjustment, maintenance, or repair of
				  hearing aids when that is not true, or using the words "physician,"
				  "audiologist," "clinic," "hearing service," "hearing center," or similar
				  description of the services and products provided when such use is not
				  accurate;
g. Directly or indirectly
				  giving or offering to give favors, paid referrals, or anything of value to any
				  person who in his professional capacity uses his position to influence third
				  parties to purchase products offered for sale by a hearing aid specialist;
				  or
h. Failing to provide expedient,
				  reliable, or dependable services when requested by a client or client's
				  guardian.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 20 - HEARING AID SPECIALISTS REGULATIONS › Part V - Standards of Practice and Conduct › Section 18VAC80-20-280

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 20 - HEARING AID SPECIALISTS REGULATIONS › Form - FORMS (18VAC80-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Hearing
				  Aid Specialist License Application, A440-2101LIC-v3 (rev.
				  2/2017)
Hearing
				  Aid Specialist Temporary Permit Application, A440-2102TP_PKG-v4 (rev.
				  2/2017)
Hearing
				  Aid Specialist License Reinstatement Application, A440-2101REI-v3 (rev.
				  2/2017)
Hearing
				  Aid Specialist Re-examination Application, A440-2101REEX-v2 (rev.
				  9/2013)
Hearing
				  Aid Specialist Training & Experience Form, A440-21TREXP-v2 (eff.
				  9/2013)
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part I - General Definitions › Section 18VAC80-30-10 - 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:
"Apprentice" means a person at least 16 years of age who
					 is covered by a written agreement with an employer and approved by the Virginia
					 Apprenticeship Council.
"Board" means the Board for Hearing Aid Specialists and
					 Opticians.
"Contact lens endorsed optician" means any person not
					 exempted by § 54.1-1506 of the Code of Virginia who is a Virginia licensed
					 optician and who has received a contact lens endorsement from the board, who
					 fits contact lenses on prescription from licensed physicians or licensed
					 optometrists for the intended wearers.
"Department" means the Virginia Department of Professional
					 and Occupational Regulation.
"Fit or dispense" means to measure, adapt, fit or adjust
					 eyeglasses, spectacles, lenses, or appurtenances to the human face, or to
					 verify the prescription to be correct in the prescription eyeglasses or
					 prescription optical devices.
"Licensed optician" means any person who is the holder of
					 a license issued by the board.
"Optician" means any person not exempted by §
					 54.1-1506 of the Code of Virginia who prepares or dispenses eyeglasses,
					 spectacles, lenses, or related appurtenances for the intended wearers or users
					 on prescriptions from licensed physicians or licensed optometrists, or as
					 duplications or reproductions of previously prepared eyeglasses, spectacles,
					 lenses, or related appurtenances; or who, in accordance with such
					 prescriptions, duplications or reproductions, measures, adapts, fits, and
					 adjusts eyeglasses, spectacles, lenses, or appurtenances to the human
					 face.
"Opticianry" means the personal health service that is
					 concerned with the art and science of ophthalmic optics as applied to the
					 compounding, filling and adaptations of ophthalmic prescriptions, products, and
					 accessories.
Statutory Authority: § 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part II - Entry Requirements › Section 18VAC80-30-20 - Qualifications of applicant

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant for a license shall furnish satisfactory
					 evidence on an application provided by the board establishing that:
1. The applicant is at least 18 years of age
				  unless emancipated under the provisions of § 16.1-333 of the Code of
				  Virginia;
2. The applicant is a
				  graduate of an accredited high school, has completed the equivalent of grammar
				  school and a four-year high school course, or is a holder of a certificate of
				  general educational development;
3.
				  The applicant is in good standing as a licensed optician in every jurisdiction
				  where licensed;
4. The applicant
				  has not been convicted in any jurisdiction of a misdemeanor or felony involving
				  sexual offense or physical injury, or any felony involving drug distribution or
				  that directly relates to the profession of opticianry. The board shall have the
				  authority to determine, based upon all the information available, including the
				  applicant's record of prior convictions, if the applicant is unfit or unsuited
				  to engage in the profession of opticianry. Any plea of nolo contendere shall be
				  considered a conviction for the purposes of this subdivision. The licensee
				  shall provide a certified copy of a final order, decree, or case decision by a
				  court or regulatory agency with the lawful authority to issue such order,
				  decree, or case decision, and such copy shall be admissible as prima facie
				  evidence of such conviction. This record shall be forwarded by the licensee to
				  the board within 10 days after all appeal rights have expired;
5. The applicant has successfully completed
				  one of the following education requirements:
a. A board-approved two-year course in a
				  school of opticianry, including the study of topics essential to qualify for
				  practicing as an optician; or
b. A
				  two-year apprenticeship, including all required related technical instruction,
				  while registered in the apprenticeship program in accordance with the standards
				  established by the state Department of Labor and Industry, Division of
				  Registered Apprenticeship, and approved by the board;
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part II - Entry Requirements › Section 18VAC80-30-30 - Opticians licensed in another state

Current through Register Vol. 40, No. 24, July 15, 2024
A. An optician licensed in another state
				  seeking to be licensed as an optician in Virginia shall submit an application
				  on a form provided by the board with the required fee. All fees are
				  nonrefundable and shall not be prorated.
B. The board, using the following standards,
				  shall issue a license to any person licensed in another state who:
1. Has met requirements equivalent to those
				  listed in 18VAC 80-30-20; and
2.
				  Has passed a substantially equivalent examination.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part II - Entry Requirements › Section 18VAC80-30-40 - Registration for voluntary practice by out-of-state licensees

Current through Register Vol. 40, No. 24, July 15, 2024
Any optician who does not hold a license to practice in
					 Virginia and who seeks registration in accordance with subdivision 5 of §
					 54.1-1506 of the Code of Virginia shall:
1. File a complete application for
				  registration on a form provided by the board within 15 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 a name
				  of the nonprofit organization, the dates and location of the voluntary
				  provision of services; and
4.
				  Provide a notarized statement from a representative of the nonprofit
				  organization attesting to its compliance with the provisions of subdivision 5
				  of § 54.1-1506 of the Code of Virginia.
Statutory Authority
§ 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part II - Entry Requirements › Section 18VAC80-30-50 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. The fee for
				  examination or examinations shall consist of the combination of an
				  administrative charge of $25 (spectacle), $25 (contact lens), and the
				  appropriate contract charges. Examination service contracts shall be
				  established in compliance with the Virginia Public Procurement Act (§
				  2.2-4300 et seq. of the Code of Virginia). The total examination fee shall not
				  exceed a cost of $1,000 to the applicant.
B. All application fees for licenses are
				  nonrefundable and the date of receipt by the board or its agent is the date
				  which will be used to determine whether it is on time.
C. Application and examination fees must be
				  submitted with the application for licensure.
The following fees shall apply:
FEE TYPE
AMOUNT DUE
WHEN DUE
Application for licensure
$100
With application
Application for contact lens certification
$100
With application
Renewal
$100
Up to the expiration date on the license with a 30-day
							 grace period
Late renewal (includes renewal fee)
$125
Between 30 and 60 days after the expiration date on
							 the license
Reinstatement (includes renewal and late renewal fees)
$225
After 60 days following the expiration date on the
							 license
Statutory Authority
§ 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part II - Entry Requirements › Section 18VAC80-30-60 - Examinations

Current through Register Vol. 40, No. 24, July 15, 2024
A. All examinations
				  required for licensure shall be approved by the board and administered by the
				  board, or its agents or employees acting on behalf of the board.
B. The board shall schedule an examination to
				  be held at least twice each calendar year at a time and place to be designated
				  by the board.
C. The applicant
				  shall follow all rules established by the board with regard to conduct at an
				  examination. Such rules shall include any written instructions communicated
				  prior to the examination date and any instructions communicated at the site,
				  either written or oral, on the date of the examination. Failure to comply with
				  all rules established by the board with regard to conduct at an examination
				  shall be grounds for denial of application.
Statutory Authority
§ 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part II - Entry Requirements › Section 18VAC80-30-70 - Content of optician examination and reexamination

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants for licensure shall pass a
				  written examination and a practical examination approved by the
				  board.
B. The optician examination
				  given by the board may include, but is not limited to, the following topics:
1. Ophthalmic materials;
2. Ophthalmic optics and equipment;
3. Ophthalmic spectacle lens
				  grinding;
4. Prescription
				  interpretation;
5. Theory of
				  light;
6. Finishing, fitting and
				  adjusting of eyeglasses and frames;
7. Ethics of relationship in respect to
				  patient and physician or optometrist;
8. Anatomy and physiology; and
9. Applicable laws and regulations.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part II - Entry Requirements › Section 18VAC80-30-80 - Endorsement to fit contact lenses

Current through Register Vol. 40, No. 24, July 15, 2024
The board shall administer a contact lens examination to
					 fit contact lenses. The "Contact Lens" endorsement shall be mandatory for
					 licensed opticians to fit contact lenses as set out in §§ 54.1-1508
					 and 54.1-1509 of the Code of Virginia, and the contact lens endorsement shall
					 not be issued unless the individual's license is in good standing. A contact
					 lens endorsed optician is any Virginia licensed optician who has been endorsed
					 by the board to fit contact lens.
Statutory Authority
§ 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part II - Entry Requirements › Section 18VAC80-30-90 - Content of contact lens endorsement examination and reexamination

Current through Register Vol. 40, No. 24, July 15, 2024
A. The contact lens
				  endorsement examination administered by the board may include, but is not
				  limited to, the following topics:
1. Rigid
				  lens verification;
2. Lens
				  identification;
3.
				  Keratomy;
4. Slit lamp;
5. Slides (fitting patterns, edge patterns,
				  quality stains); and
6.
				  Insertion/removal.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part III - Renewal › Section 18VAC80-30-100 - License renewal required

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Licenses issued under this chapter shall expire 24 months from the last day of
				  the month in which the license was issued.
B. The board shall mail a renewal application
				  form to the licensee at the last known mailing address. Failure to receive this
				  notice does not relieve the licensee of the obligation to renew. Prior to the
				  expiration date shown on the license, each licensee desiring to renew his
				  license must return all of the required forms and the appropriate fee to the
				  board as outlined in
				  18VAC80-30-50. If the licensee
				  fails to receive the renewal notice, a copy of the existing license shall be
				  submitted to the board with the required fee.
C. Licensees shall be required to renew their
				  license by submitting the appropriate fee made payable to the Treasurer of
				  Virginia. Any licensee who fails to renew within 30 days after the license
				  expires shall pay a late renewal fee, in addition to the renewal fee, as set
				  out in 18VAC80-30-50.
D. The board, in its discretion and for just
				  cause, may deny renewal of a license. Upon such denial, the applicant for
				  renewal may request that a proceeding be held in accordance with the provision
				  of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of
				  Virginia).
Statutory Authority
§ 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part IV - Reinstatement › Section 18VAC80-30-110 - Reinstatement required

Current through Register Vol. 40, No. 24, July 15, 2024
A. If a
				  licensee fails to renew his license within 60 days after the expiration date on
				  the license, the licensee must apply for reinstatement on a form provided by
				  the board.
1. Individuals for reinstatement
				  shall continue to meet the standards of entry as set out in subdivisions 1
				  through 8 of
				  18VAC80-30-20.
2. Individuals for reinstatement shall submit
				  the required fee as set out in
				  18VAC80-30-50.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part IV - Reinstatement › Section 18VAC80-30-120 - Lenses and frames standards

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Power Tolerance (diopters).
Sphere: Plano to ±.6.50
±.13 diopter
Above ±.6.50
±2%
Cylinder: Plano - 2.00
±.13 diopter
-2.12 to -4.50
±.15 diopter
above -4.50
±4%
B.
				  Cylinder Axis.
Cyl. Power Diopters
Degrees ±
0.12 - 0.37
7°
0.50 - 0.75
5°
0.87 - 1.50
3°
1.62 and above
2°
C.
				  Distance Optical Center. Contribution to net horizontal prism from processing
				  should not exceed 2/3 prism diopter. A maximum of ±2.5mm variation from
				  the specified distance optical center is permissible in higher power lens
				  combinations.
D. Prism Tolerances
				  (Vertical). Contribution to imbalance from processing should not exceed 1/3
				  prism diopters. A maximum of 1.0mm difference in vertical level is permissible
				  in higher power lens combinations.
E. Segment Location.
Vertical
±.1.0 mm
Horizontal
±.2.5 mm
Tilt or twist in the case of a flat-top segment, the tilt
					 of its horizontal axis should be less than 1/2 mm in differential elevation
					 between the segment edges.
F. Multifocal Additions.
Plano + 8.00
±.13 diopter
Above + 8.00
±.18 diopter
G.
				  Base Curve. When specified, the base curve should be supplied within
				  ±0.75 diopter.
H. Warpage.
				  The cylindrical surface power induced in the base curve of a lens should not
				  exceed 1 diopter. This recommendation need not apply within 6mm of the mounting
				  eyewire.
I. Localized errors
				  (aberration). Areas outside a 20mm radius from the specified major reference
				  point or optical center need not be tested for aberration. Progressive lenses
				  are exempt from this requirement.
Statutory Authority
§ 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part IV - Reinstatement › Section 18VAC80-30-130 - Contact lens standards

Current through Register Vol. 40, No. 24, July 15, 2024
To fit contact lenses, the following shall be done:
1. The prescription (RX) must show evidence
				  that contact lenses may be worn by the patient before the prescription can be
				  filled by the licensed optician. Verbal approval from the optometrist or
				  ophthalmologist or its agents or employees is acceptable. The licensed optician
				  must make a notation in the patient's record of the name of the authorizing
				  optometrist or ophthalmologist and the date of the authorization.
2. The optician must use all the following to
				  fit contact lenses:
a. Slit Lamp;
b. Keratometer; and
c. Standardized Snellen type acuity
				  chart.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part IV - Reinstatement › Section 18VAC80-30-140 - Display of license

Current through Register Vol. 40, No. 24, July 15, 2024
Every person to whom a current license has been granted
					 under this chapter shall visibly display his unaltered license in a conspicuous
					 place in plain view of the public in the principal office in which he works. A
					 duplicate license which has been notarized shall be posted in any branch
					 offices.
Statutory Authority
§ 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part IV - Reinstatement › Section 18VAC80-30-150 - Notification of change of address or name

Current through Register Vol. 40, No. 24, July 15, 2024
Notice in writing shall be given to the board in the event
					 of any change of name or address. Such notice shall be mailed to the board
					 within 30 days of the change of name or address. The board shall not be
					 responsible for the licensee's failure to receive notices, communications and
					 correspondence caused by the licensee's failure to promptly notify the board in
					 writing of any change of name or address.
Statutory Authority
§ 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part IV - Reinstatement › Section 18VAC80-30-160 - Grounds for disciplinary action

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board is empowered to revoke, suspend,
				  or refuse to grant or renew a license and is empowered to impose a fine up to
				  the statutory limit, as authorized under §
										54.1-202
				  of the Code of Virginia, per violation on a licensee for any of the following
				  reasons:
1. Using nonprescribed controlled
				  substances as defined in §
											54.1-3401 of the Code
				  of Virginia or alcohol at the work place during working hours;
2. Displaying professional incompetence or
				  negligence, including failure to comply with this part in the performance of
				  opticianry;
3. Presenting false or
				  fraudulent information on an application certifying possession of the
				  qualifications required under
				  18VAC80-30-20;
4. Violating or inducing others to violate
				  any provisions of Chapter 1, 2, 3, or 15 of Title 54.1 of the Code of Virginia,
				  or of any other statute applicable to the practice of the profession herein
				  regulated, or of any provisions of this chapter;
5. Publishing or causing to be published any
				  advertisement related to opticianry that is false, deceptive, or
				  misleading;
6. Having been
				  convicted in any jurisdiction of a misdemeanor or felony involving sexual
				  offense or physical injury, or of any felony involving drug distribution or
				  that directly relates to the profession of opticianry. The board shall have the
				  authority to determine, based upon all the information available, including the
				  applicant's record of prior convictions, if the applicant is unfit or unsuited
				  to engage in the profession of opticianry. Any plea of nolo contendere shall be
				  considered a conviction for the purposes of this section. The licensee shall
				  provide a certified copy of a final order, decree or case decision by a court
				  or regulatory agency with the lawful authority to issue such order, decree or
				  case decision, and such copy shall be admissible as prima facie evidence of
				  such conviction. This record shall be forwarded by the licensee to the board
				  within 10 days after all appeal rights have expired;
7. Having been disciplined by another
				  jurisdiction in the practice of opticianry. Documentary evidence of such
				  discipline shall be submitted by the licensee to the board within 10 days after
				  all appeal rights have expired; or
8. Allowing any person to engage in the
				  practice of opticianry, except an optician apprentice or student enrolled in a
				  course in a school of opticianry under the direct supervision of a licensed
				  optician.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part IV - Reinstatement › Section 18VAC80-30-170 - Accountability of licensee

Current through Register Vol. 40, No. 24, July 15, 2024
A licensee shall be responsible for his acts or omissions
					 and for the acts of his agents or employees or his staff in the performance of
					 opticianry services.
Statutory Authority
§ 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Part IV - Reinstatement › Section 18VAC80-30-180 - Approval of review courses

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Review courses set out in this chapter shall be approved by the board, except
				  those provided by institutions, schools and universities approved by the State
				  Council of Higher Education for Virginia, for which continuing education units
				  are awarded. Training courses requiring board approval shall be approved by the
				  board prior to commencing in accordance with subsection B of this
				  section.
B. Training activities for
				  which experience credit may be granted must be conducted in general conformance
				  with the International Association for Continuing Education and Training's
				  "Criteria and Guidelines for Quality Continuing Education and Training
				  Programs: the CEU and Other Measurement Units," 1998. The board reserves the
				  right to waive any of the requirements of the association's guidelines on a
				  case-by-case basis. Only classroom, laboratory and field trip contact time will
				  be used to compute training credits. No credit will be given for breaks, meals,
				  or receptions.
1. Organization. The board
				  will only approve training offered by a sponsor who is an identifiable
				  organization with a mission statement outlining its functions, structure,
				  process and philosophy, and that has a staff of one or more persons with the
				  authority to administer training.
2. Training records. The board will only
				  approve training offered by a sponsor who maintains training records for all
				  participants for a minimum of five years, and who has a written policy on
				  retention and release of training records.
3. Instructors. The board will only approve
				  training conducted by personnel who have demonstrated competence in the subject
				  being taught, an understanding of the learning objective, a knowledge of the
				  learning process to be used, and a proven ability to communicate.
4. Objectives. The board will only approve
				  courses that have a series of stated objectives that are consistent with the
				  job requirements of an optician. The training content must be consistent with
				  those objectives.
5. Course
				  completion requirements. For successful completion of a training program,
				  participants must attend 90% or more of the class contact time and must
				  demonstrate their learning through written examinations, completion of a
				  project, self-assessment, oral examination, or other assessment
				  technique.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Form - FORMS (18VAC80-30)

Current through Register Vol. 40, No. 24, July 15, 2024
License and Examination Application, 11LIC (rev.
				  2004).
Contact Lens Endorsement Application, 11CLEND (rev.
				  2004).
Reciprocity Application, 11REC (eff. 2004).
Reinstatement Application, 11REI (rev. 2004).
Voluntary Practice Registration Application, 11VOLREG (eff.
				  7/03).
Sponsor Certification for Voluntary Practice Registration,
				  11VRSPCERT (eff. 7/03).
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS › Chapter 30 - OPTICIANS REGULATIONS › Section (18VAC80-30) - DOCUMENTS INCORPORATED BY REFERENCE

Current through Register Vol. 40, No. 24, July 15, 2024
Criteria and Guidelines for Quality Continuing Education and
				  Training Programs: the CEU and Other Measurement Units, International
				  Association for Continuing Education and Training, 1998.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 85 - BOARD OF MEDICINE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 18VAC85-11-10 - 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 Medicine. 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 85 - BOARD OF MEDICINE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC85-11-30 - 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 85 - BOARD OF MEDICINE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC85-11-40 - 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
				  18VAC85-11-30, 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 85 - BOARD OF MEDICINE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC85-11-50 - 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 85 - BOARD OF MEDICINE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC85-11-60 - 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 85 - BOARD OF MEDICINE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC85-11-70 - 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 85 - BOARD OF MEDICINE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC85-11-80 - 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 85 - BOARD OF MEDICINE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC85-11-90 - 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 85 - BOARD OF MEDICINE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC85-11-100 - 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 85 - BOARD OF MEDICINE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC85-11-110 - 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 85 - BOARD OF MEDICINE › Chapter 15 - REGULATIONS GOVERNING DELEGATION TO AN AGENCY SUBORDINATE › Section 18VAC85-15-10 - Decision to delegate informal fact-finding proceedings to an agency subordinate

Current through Register Vol. 40, No. 24, July 15, 2024
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.
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 15 - REGULATIONS GOVERNING DELEGATION TO AN AGENCY SUBORDINATE › Section 18VAC85-15-20 - Criteria for delegation

Current through Register Vol. 40, No. 24, July 15, 2024
Cases that may be delegated to an agency subordinate shall be
				  limited to those involving:
1. The
				practitioner profile system;
2.
				Continuing competency;
3.
				Advertising;
4. Compliance with
				board orders;
5. Default on a
				federal or state-guaranteed educational loan or on a work-conditional
				scholarship or grant for the cost of a health professional education;
				or
6. Failure to provide medical
				records.
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 15 - REGULATIONS GOVERNING DELEGATION TO AN AGENCY SUBORDINATE › Section 18VAC85-15-20 - Criteria for delegation

Current through Register Vol. 40, No. 24, July 15, 2024
Cases that may be delegated to an agency subordinate shall be
				  limited to those involving:
1. The
				practitioner profile system;
2.
				Continuing competency;
3.
				Advertising;
4. Compliance with
				board orders; or
5. Failure to
				provide medical records.
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 15 - REGULATIONS GOVERNING DELEGATION TO AN AGENCY SUBORDINATE › Section 18VAC85-15-30 - Criteria for an agency subordinate

Current through Register Vol. 40, No. 24, July 15, 2024
A. An agency subordinate may include board
				members, professional staff or other persons authorized and deemed by the board
				to be knowledgeable by virtue of their training and experience in
				administrative proceedings involving the regulation and discipline of health
				professionals to conduct an informal fact-finding proceeding.
B. The executive director shall maintain a
				list of appropriately qualified persons to whom an informal fact-finding
				proceeding may be delegated.
C. 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.
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 20 - REGULATIONS GOVERNING THE PRACTICE OF MEDICINE, OSTEOPATHIC MEDICINE, PODIATRY, AND CHIROPRACTIC › Part I - General Provisions › Section 18VAC85-20-10 - 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
Healing arts
Practice of chiropractic
Practice of medicine or osteopathic medicine
Practice of podiatry
B. The following words and terms when used in
				  this chapter shall have the following meanings unless the context clearly
				  indicates otherwise:
"Approved institution" means any accredited school or
					 college of medicine, osteopathic medicine, podiatry, or chiropractic located in
					 the United States, its territories, or Canada.
"Conversion therapy" means any practice or treatment as
					 defined in § 54.1-2409.5 A of the Code of Virginia.
"Principal site" means the location in a foreign country
					 where teaching and clinical facilities are located.
Statutory Authority: § 54.1-2400 of the Code of
						Virginia.