reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC75-11-30 - 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 75 - BOARD OF HEALTH PROFESSIONS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC75-11-40 - 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
				  18VAC75-11-30, 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 75 - BOARD OF HEALTH PROFESSIONS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC75-11-50 - 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 75 - BOARD OF HEALTH PROFESSIONS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC75-11-60 - 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 75 - BOARD OF HEALTH PROFESSIONS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC75-11-70 - 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 75 - BOARD OF HEALTH PROFESSIONS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC75-11-80 - 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 75 - BOARD OF HEALTH PROFESSIONS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC75-11-90 - 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 75 - BOARD OF HEALTH PROFESSIONS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC75-11-100 - 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 75 - BOARD OF HEALTH PROFESSIONS › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC75-11-110 - 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 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part I - General Provisions › Section 18VAC75-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory definitions of words and terms related to the
					 Practitioner Self-Referral Act are established in § 54.1-2410 of the Code
					 of Virginia.
The following additional words and terms when used in this
					 chapter shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Act" means the Practitioner Self-Referral Act, Chapter
					 24.1 (§ 54.1-2410 et seq.) of Title 54.1 of the Code of Virginia.
"Applicant" means a practitioner or entity who has applied
					 to the board for an advisory opinion on the applicability of the Act, or for an
					 exception to the prohibitions of the Act.
"Appropriate regulatory board" means the regulatory board
					 within the Department of Health Professions which licenses or certifies the
					 practitioner.
"Board" means the Board of Health Professions.
"Committee" means an informal conference committee of the
					 Board of Health Professions.
"Department" means the Department of Health
					 Professions.
Statutory Authority
§ 54.1-2412 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part I - General Provisions › Section 18VAC75-20-20 - Public Participation Guidelines

Current through Register Vol. 40, No. 24, July 15, 2024
18VAC75-10-10 establishes the
					 guidelines for participation by the public in rulemaking activities of the
					 board.
Statutory Authority
§§ 54.1-2501 and 54.1-2510 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part II - Advisory Opinions and Exceptions › Section 18VAC75-20-60 - Application for advisory opinions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any practitioner or entity may request an
				  advisory opinion on the applicability of the Act upon completion of an
				  application and payment of a fee.
B. Requests shall be made on an application
				  form prescribed by the board. The request shall contain the following
				  information:
1. The name of the practitioner
				  or entity;
2. Identification of the
				  practitioner or entity and description of the health care services being
				  provided or proposed;
3. The type
				  and amount of existing or proposed investment interest in the entity;
4. A description of the nature of the
				  investment interest and copies of any existing or proposed documents between
				  the practitioner and the entity including but not limited to leases, contracts,
				  organizational documents, etc.; and
5. Certification and notarized signature of
				  the practitioner or principal of the entity requesting the advisory opinion
				  that the information and supporting documentation contained therein is true and
				  correct.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part II - Advisory Opinions and Exceptions › Section 18VAC75-20-70 - Application for exception

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  practitioner or entity may request an exception to the prohibitions of the Act
				  upon completion of an application and payment of a fee.
B. Requests shall be made on an application
				  form prescribed by the board. The application shall contain the following
				  information:
1. The name and identifying
				  information of the practitioner or entity;
2. The information and documentation
				  regarding community need and alternative financing as required by §
				  54.1-2411B of the Code of Virginia;
3. Certification and notarized signature of
				  the practitioner or principal of the entity requesting the exception that the
				  information contained in the application and supporting documentation is true
				  and correct.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part II - Advisory Opinions and Exceptions › Section 18VAC75-20-80 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. An application
				  fee for an opinion on applicability of the Act shall be $500.
B. An application fee for an exception to the
				  Act shall be $1,000.
C. The renewal
				  fee for board approval of exceptions to the Act shall be $250.
Statutory Authority
§ 54.1-2510 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part III - Discipline › Section 18VAC75-20-90 - Disciplinary action against entities

Current through Register Vol. 40, No. 24, July 15, 2024
The board shall determine violations of prohibitions of the
					 Act on the part of an entity other than a practitioner as defined in §
					 54.1-2410 of the Code of Virginia in accordance with the provisions of the
					 Administrative Process Act (§ 9-6.14:1 et seq. of the Code of
					 Virginia).
Statutory Authority
§ 54.1-2412 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part III - Discipline › Section 18VAC75-20-100 - Disciplinary action against practitioners

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receipt of an investigative report of
				  an alleged violation of the Act by a practitioner as defined in §
				  54.1-2410 of the Code of Virginia, the department, on behalf of the board,
				  shall provide a copy of the report to the appropriate regulatory board within
				  the department as required by subdivision 13 of § 54.1-2510 of the Code of
				  Virginia.
B. Violations of the Act
				  by a practitioner shall be determined by the appropriate regulatory board
				  within the department and shall be subject to disciplinary action by that board
				  in accordance with § 54.1-2412D of the Code of Virginia.
C. Upon closure of a case involving an
				  alleged violation of the Act by a practitioner, the appropriate regulatory
				  board shall provide a copy of the final order or of the letter of dismissal of
				  the case to the board.
D. The board
				  shall review periodically the disposition of cases involving allegations of
				  violation of the Act by practitioners to ensure the protection of the public
				  and the fair and equitable treatment of health professionals, as authorized by
				  subdivision 11 of § 54.1-2510 of the Code of Virginia.
Statutory Authority
§ 54.1-2510 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part III - Discipline › Section 18VAC75-20-110 - Hearings

Current through Register Vol. 40, No. 24, July 15, 2024
The provisions of the Administrative Process Act (§
					 9-6.14:1 et seq. of the Code of Virginia) shall govern proceedings on questions
					 of violations of the Act.
Statutory Authority
§ 54.1-2510 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part IV - Delegation to an Agency Subordinate › Section 18VAC75-20-120 - Decision to delegate

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 conference to an agency
					 subordinate to consider an application for an advisory opinion or an exception
					 to the provisions of the Act.
Statutory Authority
§§ 54.1-2400 and 54.1-2412 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part IV - Delegation to an Agency Subordinate › Section 18VAC75-20-130 - Criteria for delegation

Current through Register Vol. 40, No. 24, July 15, 2024
Applications that may be delegated shall be those approved
					 by the chairman and executive director of the board.
Statutory Authority
§§ 54.1-2400 and 54.1-2412 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Part IV - Delegation to an Agency Subordinate › Section 18VAC75-20-140 - Criteria for an agency subordinate

Current through Register Vol. 40, No. 24, July 15, 2024
A. An agency subordinate authorized by the
				  board to conduct an informal conference may include current or past board
				  members and professional staff or other persons deemed knowledgeable by virtue
				  of their training and experience in the organizational structure of entities
				  providing the health care services identified in the application.
B. The board shall delegate to the executive
				  director the selection of the agency subordinate who is deemed appropriately
				  qualified to conduct a conference based on the qualifications of the
				  subordinate and the type of case being heard.
Statutory Authority
§§ 54.1-2400 and 54.1-2412 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING PRACTITIONER SELF-REFERRAL › Form - FORMS (18VAC75-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for an Advisory Opinion - Virginia Self-Referral Act (rev.
				  7/2013)
Application
				  for an Exception to the Prohibitions of the Virginia Practitioner Self-Referral
				  Act (rev. 7/2013)
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 30 - REGULATIONS GOVERNING STANDARDS FOR DIETITIANS AND NUTRITIONISTS › Section 18VAC75-30-10

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 75 - BOARD OF HEALTH PROFESSIONS › Chapter 40 - REGULATIONS GOVERNING THE CRITERIA FOR CERTIFICATION OF DIALYSIS TECHNICIANS › Section 18VAC75-40-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following terms when used in this chapter shall have the
				  following meanings unless the context clearly indicates otherwise:
"Board" means the Board of Health Professions.
"Dialysis patient care technician" or "dialysis care
				  technician" means a person who has obtained certification from an organization
				  approved by the board to provide, under the supervision of a licensed
				  practitioner of medicine or a registered nurse, direct care to patients
				  undergoing renal dialysis treatments in a Medicare-certified renal dialysis
				  facility. Such direct care may include, but need not be limited to, the
				  administration of heparin, topical needle site anesthetics, dialysis solutions,
				  sterile normal saline solution, and blood volumizers in accordance with the
				  order of a licensed physician, nurse practitioner or physician
				  assistant.
Statutory Authority
§ 54.1-2400 and Chapter 27.01 (§ 54.1-2729.1 et
					 seq.) of Title 54.1 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 40 - REGULATIONS GOVERNING THE CRITERIA FOR CERTIFICATION OF DIALYSIS TECHNICIANS › Section 18VAC75-40-20 - General provisions; scope of practice

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance with Chapter 27.01 (§
				54.1-2729.1 et seq.) of Title 54.1 of the Code of Virginia and this chapter,
				only those persons who hold certification from an entity approved by the board
				as prescribed in
				18VAC75-40-30 shall:
1. Provide direct patient care in a
				Medicare-certified renal dialysis facility.
2. Administer medications in accordance with
				subsection O of § 54.1-3408 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 75 - BOARD OF HEALTH PROFESSIONS › Chapter 40 - REGULATIONS GOVERNING THE CRITERIA FOR CERTIFICATION OF DIALYSIS TECHNICIANS › Section 18VAC75-40-30 - Criteria for use of the titles of dialysis patient care technician or dialysis care technician

Current through Register Vol. 40, No. 24, July 15, 2024
In order to use the titles of dialysis patient care
				  technician or dialysis care technician or administer medications in a
				  Medicare-certified renal dialysis facility, a person shall hold one of the
				  following certifications:
1. Certified
				Clinical Hemodialysis Technician (CCHT) by the Nephrology Nursing Certification
				Commission (NNCC);
2. Certified
				Hemodialysis Technician (CHT) by the Board of Nephrology Examiners Nursing and
				Technology (BONENT);
3. Certified
				in Clinical Nephrology Technology (CCNT) by the National Nephrology
				Certification Organization (NNCO); or
4. Certification or licensure as a dialysis
				technician or similar title by another jurisdiction in the United States
				provided the standards for certification or licensure are substantially
				equivalent to those in Virginia.
Statutory Authority
§ 54.1-2400 and Chapter 27.01 (§ 54.1-2729.1 et
					 seq.) of Title 54.1 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS › Section 18VAC76-10-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The words and terms used in this chapter shall have the
				  definitions ascribed to them in §
									54.1-2515 of the Code
				  of Virginia or shall have the following meanings, unless the context clearly
				  indicates otherwise:
"Contractor" means an entity with whom the director has
				  contracted for implementation and operation of monitoring services.
"Director" means the Director of the Department of Health
				  Professions.
"Program" means the Health Practitioners' Monitoring Program
				  for the Virginia Department of Health Professions.
Statutory Authority: §
											54.1-2516
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS › Section 18VAC76-10-20 - Organization of committee

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Members shall be appointed by the director for a term of four years and shall
				be eligible for reappointment for one additional four-year term. A member who
				is appointed to fill a vacancy for the remainder of an unexpired term shall be
				eligible for two full four-year terms. Terms of appointment shall begin on July
				1 of each calendar year. The director shall have authority to remove a member
				for cause.
B. Members of the
				committee shall not be current members of a health regulatory board within the
				department.
C. The committee shall
				schedule meetings as necessary to conduct its business. Five members shall
				constitute a quorum. The committee may adopt bylaws to govern its operations as
				it deems necessary to conduct its business and as consistent with law and
				regulations.
D. Each health
				regulatory board within the department shall designate, in accordance with
				subdivision 8 of § 54.1-2400 of the Code of Virginia, a liaison to the
				committee.
Statutory Authority: § 54.1-2516 of the Code of
					 Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS › Section 18VAC76-10-30 - Eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to
				become eligible for the program and to maintain eligibility, an impaired
				practitioner shall hold a current, active license, certification, a
				registration issued by a health regulatory board in Virginia or a multistate
				licensure privilege, with the exception that an applicant for initial
				licensure, certification, or registration or for reinstatement shall be
				eligible for participation for up to one year from the date of receipt of the
				application by a health regulatory board.
B. Individuals who are practicing exclusively
				outside of Virginia shall not participate in the program, except as may be
				required by specific board order or by permission between party states pursuant
				to the Nurse Licensure Compact (Article 6 (§ 54.1-3030 et seq.) of Chapter
				30 of Title 54.1 of the Code of Virginia).
C. A practitioner who has been previously
				terminated for noncompliance from this or any other state-sponsored monitoring
				program may be considered eligible at the discretion of the committee or its
				designee.
D. The practitioner shall
				sign a participation contract with the committee. Failure to adhere to the
				terms of the contract may subject the practitioner to termination from the
				program.
Statutory Authority: § 54.1-2516 of the Code of
					 Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS › Section 18VAC76-10-40 - Eligibility for stayed disciplinary action

Current through Register Vol. 40, No. 24, July 15, 2024
A. The committee or its designee shall
				consult with the board liaison for the purpose of determining whether
				disciplinary action shall be stayed. If found ineligible for stayed
				disciplinary action by the relevant board or the committee, the practitioner
				may remain eligible for participation in the program. If an applicant for the
				program is not eligible for a stay and evidence of a violation has been
				reported to the committee, the committee shall make a report of the violation
				to the department.
B. Prior to
				making a decision on stayed disciplinary action, the committee or its designee
				shall review any applicable notices or orders and shall consult with the
				relevant board on any pending investigations. The relevant board shall have
				final authority in the granting of a stay of disciplinary action.
C. Disciplinary action may be initiated by
				the appropriate health regulatory board upon receipt of investigative
				information leading to a determination of probable cause that impairment
				constitutes a danger to patients or clients or upon a determination that the
				decision for stayed disciplinary action is not consistent with provisions for a
				stay pursuant to § 54.1-2516 C of the Code of Virginia.
Statutory Authority: § 54.1-2516 of the Code of
					 Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS › Section 18VAC76-10-50 - Participation contract

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				participation contract between the committee and the practitioner shall
				include:
1. The monitoring plan to be
				followed by the practitioner;
2.
				Any provisions for withdrawal from practice or limitations on the scope of
				practice;
3. Consequences of
				failure to comply with the terms of the participation contract;
4. Any releases for seeking information or
				records related to the impairment from family, peers, medical personnel or
				employers;
5. The nature of the
				impairment; and
6. Any other terms
				or requirements as may be deemed necessary by the committee.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS › Section 18VAC76-10-60 - Recovery contract

Current through Register Vol. 40, No. 24, July 15, 2024
The recovery contract between the committee and the
				  practitioner shall include:
1. Length
				of contract;
2. Type, frequency,
				and conditions of drug screens;
3.
				Type and frequency of self-help meetings;
4. Stipulations for self-reporting;
5. Quarterly reports from employers, peers,
				or peer assistance programs;
6.
				Conditions and terms for completion and release from the program; and
7. Any other terms or requirements as may be
				deemed necessary by the committee.
Statutory Authority
§ 54.1-2516 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS › Section 18VAC76-10-65 - Authority of the chairperson of the committee

Current through Register Vol. 40, No. 24, July 15, 2024
A. The chairperson may act on behalf of the
				committee when a scheduled meeting is canceled due to failure to convene a
				quorum.
B. The chairperson may act
				on behalf of the committee to authorize an urgent dismissal action outside of a
				scheduled meeting.
Statutory Authority: § 54.1-2516 of the Code of
					 Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS › Section 18VAC76-10-70 - Procedures for consultation with health regulatory boards

Current through Register Vol. 40, No. 24, July 15, 2024
A. The committee or
				its designee shall consult with the relevant health regulatory board prior to
				making a determination on stayed disciplinary action; such consultation may
				include the following:
1. Eligibility of a
				practitioner for stayed disciplinary action;
2. The implications of the impairment on
				practice in the profession;
3. The
				circumstances of the impairment related to a possible violation of laws or
				regulation; or
4. Any other issues
				related to disciplinary action or the eligibility, treatment, and recovery of a
				practitioner.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS › Section 18VAC76-10-80 - Procedures for exchange of information

Current through Register Vol. 40, No. 24, July 15, 2024
A. All disclosure of information shall be
				consistent with subsections B and C of § 54.1-2517 of the Code of
				Virginia.
B. Reporting requirement
				to health regulatory boards.
1. Upon receipt
				of an investigative report which alleges impairment, a health regulatory board
				shall request and the committee shall report if the practitioner has been found
				eligible for stayed disciplinary action.
2. Upon a determination by the committee that
				a practitioner has successfully completed the program, the committee shall
				report such completion to the respective health regulatory board if the
				committee has previously received an inquiry from that board regarding the
				practitioner's participation.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS › Section 18VAC76-10-100 - Conflicts of interests

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				committee, contractor, or employees and agents of the contractor who refer
				practitioners for treatment shall not refer a practitioner to a treatment
				facility where the contractor, employees or agents possess an investment
				interest, as defined in Chapter 24.1 (§ 54.1-2410 et seq.) of Title 54.1
				of the Code of Virginia, unless it is an investment interest defined in §
				54.1-2411D of the Code of Virginia.
B. Likewise, the committee, the contractor,
				or its employees and agents as noted in subsection A of this section shall not
				have an investment interest in any laboratory which practitioners will be
				mandated to use for testing during the period of their contract.
C. The contractor shall offer multiple
				treatment options to any practitioner accepted into the program if treatment is
				a condition of participation unless the committee authorizes an
				exception.
D. A committee member
				who is providing treatment to a practitioner in the program shall disqualify
				himself from any decision related to such practitioner.
Statutory Authority
§ 54.1-2516 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING THE PRESCRIPTION MONITORING PROGRAM › Section 18VAC76-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the meanings ascribed to them in §
									54.1-2519 of the Code
				  of Virginia unless the context clearly indicates otherwise:
"Covered substance"
"Department"
"Director"
"Dispense"
"Dispenser"
"Prescriber"
"Recipient"
In addition, the following term when used in this chapter
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Program" means the Prescription Monitoring
				  Program.
Statutory Authority: §
											54.1-2519 of the Code
					 of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING THE PRESCRIPTION MONITORING PROGRAM › Section 18VAC76-20-20 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with Chapter 25.2 (§
									54.1-2519 et seq.) of
				  Title 54.1 of the Code of Virginia and this chapter, the Director of the
				  Department of Health Professions shall establish and administer a program for
				  monitoring the dispensing of covered substances, which means all controlled
				  substances included in Schedules II, III, and IV; controlled substances
				  included in Schedule V for which a prescription is required; naloxone; and any
				  other drugs of concern identified by the Board of Pharmacy pursuant to §
									54.1-3456.1 of
				  the Code of Virginia. Covered substances also include cannabidiol oil or THC-A
				  oil dispensed by a pharmaceutical processor in Virginia.
Statutory Authority: §
											54.1-2519 of the Code
					 of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING THE PRESCRIPTION MONITORING PROGRAM › Section 18VAC76-20-30 - Criteria for granting waivers of the reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The director may
				grant a waiver of all or some of the reporting requirements established in
				§ 54.1-2521 of the Code of Virginia to an individual or entity who files a
				request in writing on a form provided by the department and who meets the
				criteria for such a waiver.
B.
				Criteria for a waiver of the reporting requirements shall include a history of
				compliance with laws and regulations by the dispensers regularly practicing at
				that location and may include, but not be limited to:
1. A substantial hardship created by a
				natural disaster or other emergency beyond the control of the dispenser;
				or
2. Dispensing in a controlled
				research project approved by a regionally accredited institution of higher
				education or under the supervision of a governmental agency.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING THE PRESCRIPTION MONITORING PROGRAM › Section 18VAC76-20-40 - Standards for the manner and format of reports and a schedule for reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Data
				shall be transmitted to the department or its agent within 24 hours of
				dispensing or the dispenser's next business day, whichever comes
				later.
B. Data shall be transmitted
				in a file layout provided by the department and shall be transmitted by a media
				acceptable to the vendor contracted by the director for the program. Such
				transmission shall begin on a date specified by the director, no less than 90
				days from notification by the director to dispensers required to
				report.
C. Under extraordinary
				circumstances, an alternative means of reporting may be approved by the
				director.
D. Data not accepted by
				the vendor due to a substantial number of errors or omissions shall be
				corrected and resubmitted to the vendor within five business days of receiving
				notification that the submitted data had an unacceptable number of errors or
				problems.
E. Required data elements
				shall include those listed in subsection B of § 54.1-2521 of the Code of
				Virginia and the following:
1. The Drug
				Enforcement Administration (DEA) registration number of the
				dispenser;
2. The National Provider
				Identifier of the prescriber;
3.
				The total number of refills ordered;
4. Whether the prescription is a new
				prescription or a refill;
5.
				Whether the prescription is a partial fill;
6. The gender code;
7. The species code;
8. The Electronic Prescription Reference
				Number, and the Electronic Prescription Order Number if it is an electronic
				prescription; and
9. The date the
				prescription was written by the prescriber.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING THE PRESCRIPTION MONITORING PROGRAM › Section 18VAC76-20-50 - Criteria for mandatory disclosure of information by the director

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to
				request disclosure of information contained in the program, an individual shall
				be registered with the director as an authorized agent entitled to receive
				reports under § 54.1-2523B of the Code of Virginia.
1. Such request for registration shall
				contain an attestation from the applicant's employer of the eligibility and
				identity of such person.
2.
				Registration as an agent authorized to receive reports shall expire on June 30
				of each even-numbered year or at any such time as the agent leaves or alters
				his current employment or otherwise becomes ineligible to receive information
				from the program.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING THE PRESCRIPTION MONITORING PROGRAM › Section 18VAC76-20-70 - Notice of requests for information

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any dispenser who intends to request
				information from the program for a recipient or prospective recipient of a
				covered substance shall post a sign that can be easily viewed by the public at
				the place where the prescription is accepted for dispensing and that discloses
				to the public that the pharmacist may access information contained in the
				program files on all covered substances dispensed to a patient. In lieu of
				posting a sign, the dispenser may provide such notice in written material
				provided to the recipient, or may obtain written consent from the
				recipient.
B. Any prescriber who
				intends to request information from the program about a patient or prospective
				patient shall post a sign that can be easily viewed by the public that
				discloses to the public that the prescriber may access information contained in
				the program files on all covered substances dispensed to a patient. In lieu of
				posting a sign, the prescriber may provide such notice in written material
				provided to the patient, or may obtain written consent from the
				patient.
Statutory Authority: §
											54.1-2519 of the Code
					 of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING THE PRESCRIPTION MONITORING PROGRAM › Form - FORMS (18VAC76-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Request
				  for a Waiver or an Exemption from Reporting (rev. 10/2019)
Request
				  for a Waiver or an Exemption from Reporting: Veterinarian (rev.
				  10/2019)
Request
				  to Register as an Authorized Agent to Receive Information from the Prescription
				  Monitoring Program (rev. 4/2018)
Recipient
				  Request for Discretionary Disclosure of Information from the Prescription
				  Monitoring Program (rev. 9/2021)
Regulatory
				  Authority Request for Discretionary Disclosure of Information from the
				  Prescription Monitoring Program (rev. 4/2018)
Application
				  to Register as a Virginia Medicaid Managed Care Authorized Agent Clinical
				  Designee to Receive Information from the Prescription Monitoring Program (rev.
				  4/2018)
Application
				  to Register as a Virginia Medicaid Managed Care Authorized Agent to Receive
				  Information from the Prescription Monitoring Program (rev.
				  4/2018)
Account
				  Development Form for Reporting to Virginia's Prescription Monitoring Program
				  (rev. 7/2018)
Request
				  to Register as an Authorized Parole or Probation Officer to Receive Information
				  from the Prescription Monitoring Program (rev. 4/2018)
Request
				  to Register as an Authorized Drug Diversion Investigator to Receive Information
				  from the Prescription Monitoring Program (rev. 4/2018)
Request
				  to Register as an Authorized Investigator for the Department of Corrections to
				  Receive Information from the Prescription Monitoring Program (eff.
				  8/2019)
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 20 - REGULATIONS GOVERNING THE PRESCRIPTION MONITORING PROGRAM › Section (18VAC76-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 54.1-2520 of the Code of
					 Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 31 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 18VAC76-31-10 - 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
					 Department of Health Professions. 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 54.1-2505 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS › Chapter 31 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC76-31-30 - 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 54.1-2505 of the Code of
						Virginia.