Virginia Regulatory Town Hall
Agency
Department of Health Professions
Board
Board of Medicine
 
chapter
Regulations Governing the Practice of Respiratory Therapists [18 VAC 85 ‑ 40]
Guidance Documents
Chapter Information
Description Establishes qualifications for licensure, requirements for renewal, and standards of practice for respiratory care practitioners.
State Authority Chapter 29 of Title 54.1
Federal Authority None entered
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation 1) Achieve a high level of satisfaction for application and renewal processes for all licensed practitioners.
2) Increase the number of licensed respiratory care practitioners and achieve a reduction in unlicensed practice.
Meetings See all meetings (27) relating to this chapter.

Contact Information
Name / Title: Erin Barrett  / Director of Legislative and Regulatory Affairs
Address: Perimeter Center
9960 Mayland Drive, Suite 300
Henrico, VA 23233
Email Address: erin.barrett@dhp.virginia.gov
Telephone: (804)367-4688    FAX: (804)915-0382    TDD: ()-
Current Actions
Action Title Latest Stage Status
Implementation of 2022 Periodic Review for Chapter 40 Fast-Track Secretary of Health and Human Resources review in progress.

Past Actions
Action Title Latest Stage Status
CE credit for specialty examination Fast-Track Stage complete. This regulation became effective on 10/15/2020.
Handling fee Fast-Track Stage complete. This regulation became effective on 03/05/2020.
Renewal fee reduction
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 10/02/2019.
Electronic renewal notices Fast-Track Stage complete. This regulation became effective on 03/22/2019.
Renewal fee reduction
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 12/27/2017.
CE credit for volunteer practice and academic course Fast-Track Stage complete. This regulation became effective on 03/09/2017.
Change in terminology
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 10/07/2015.
One-time reduction in renewal fees
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 09/25/2013.
Regulatory reform changes Fast-Track Stage complete. This regulation became effective on 09/26/2013.
Change of address
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 08/19/2009.
Registration for restricted volunteer practice
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 09/03/2008.
Requirements for a restricted volunteer license Final Stage complete. This regulation became effective on 03/05/2008.
Correction of Code cites
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 10/18/2007.
Periodic review recommendations Final Stage complete. This regulation became effective on 10/17/2007.
Change in Code cite
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 02/07/2007.
Change in fee for returned checks
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 02/08/2006.
Acceptance of Category 1 CME Final Stage complete. This regulation became effective on 01/11/2006.
Standards of Practice Final Stage complete. This regulation became effective on 10/19/2005.
Voluntary practice by out-of-state practitioners Final Stage complete. This regulation became effective on 06/18/2003.
Periodic review Final Stage complete. This regulation became effective on 07/02/2003.
Inactive licensure Final Stage complete. This regulation became effective on 04/11/2001.
Increase in licensee fees Final Stage complete. This regulation became effective on 04/12/2000.
Licensure requirements Final Stage complete. This regulation became effective on 01/19/2000.

Withdrawn Actions
Action Title Latest Stage Status
Forms revision
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage withdrawn on 12/16/2011 before submission to the Registrar.
Fee increase NOIRA Stage withdrawn on 06/23/2006 after the comment period had ended.
Correction of Code cite
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage withdrawn on 08/22/2007 prior to submitting for AG review.

Periodic Reviews
Last Activity Status
10/6/2022 Agency Completed Amend
4/30/2018 Agency Completed Retain As Is
10/16/2012 Agency Completed Amend
10/12/2000 Agency Completed Amend