As proposed, 18VAC160-20-10 changes the definition of  “direct supervision”:

"Direct supervision" means being responsible for the compliance with this chapter by any unlicensed individual who, for the purpose of obtaining the necessary competence to qualify for licensure, is engaged in activities requiring an operator, installer, or evaluator license.

The proposed language of the new definition deletes “for the purpose of obtaining the necessary competence to qualify for licensure”. This proposed change conflicts and potentially alters the meaning and intent of “direct supervision” as defined by the Code of Virginia § 54.1-2300. Definitions.

“Please note that the Virginia General Assembly is responsible for creating and amending the Code, not the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals.”

The existing phrase, “for the purpose of obtaining the necessary competence to qualify for licensure”, was already nonrestrictive by definition and simply offered additional information about the nature and purpose of “direct supervision”. Obtaining competence ensured that aspiring professionals met the minimum required standards of practice in a profession. The Board's existing definition has more to do with exercising the proper degree of supervision and control during a period of internship or training, then a “mandate to an employee to apply for licensure should they choose not to”.

One could argue there appear to be three common requirements for DPOR applicants seeking a license: education, experience, and examination. If education, experience, and examination were analogous to three “regulatory” legs of a wooden stool, then the proposed deletion of this phrase would be like removing the “experience” leg of that wooden stool.

This section appears to conflict with 18VAC160-20-10, 18VAC160-20-84, 18VAC160-20-96, 18VAC160-20-97, and 18VAC160-20-98.  Without further review of this proposed change, the Board may impact the quality of training and level of experience obtained for several categories and classifications of licenses held by system operators, installers, and soil evaluators.

Recommend retaining or keeping the existing phrase, “for the purpose of obtaining the necessary competence to qualify for licensure”, as written, in the definition of “direct supervision”.