3/22/2022 1:43 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
Agency Decision
Promulgating Board: Board of Nursing
Regulatory Coordinator: Elaine J. Yeatts


Agency Contact: Jay P. Douglas, R.N.

Executive Director


Contact Address: Department of Health Professions

9960 Mayland Drive

Suite 300

Richmond, VA 23233
Chapter Affected:
18 vac 90 - 26: Regulations for Nurse Aide Education Programs
Statutory Authority: State: 54.1-3005

Date Petition Received 01/10/2022
Petitioner Gary Bahena
 Petitioner's Request
To amend regulations to allow for the following: 1) The use of licensed hospitals for clinical education rather than only nursing homes. 2) The elimination of requirement that RNs and LPNs serving as clinical instructors have experience working in nursing homes. 3) An allowance for clinical instructors to be on site and to perform their regular work at the same time, but reduce the ratio from 10:1 to 4:1 for students to instructor.  
 Agency Plan
In accordance with Virginia law, the petition will be published on January 31, 2022 in the Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending February 20 2022.             Following receipt of all comments on the petition to amend regulations, the Board will decide whether to make any changes to the regulatory language. This matter will be on the Board's agenda for its first meeting after the comment period, which is scheduled for March 22, 2022. The Board will inform the petitioner of its decision after that meeting.
Publication Date 01/31/2022  (comment period will also begin on this date)
Comment End Date 02/20/2022
 Agency Decision
Initiate a regulatory change
Agency Response Date 03/22/2022
 Agency Decision Text
At its meeting today, the Board voted to initiate a fast-track regulatory action to (1) amend the regulations governing nurse aide education to allow nurse aide training to occur in locations other than a nursing home facility focusing on geriatric care, and (2) amend the regulations governing nurse aide education to update requirements of the program coordinator, primary instructor, and other instructional personnel to clarify roles and duties of each and to allow instructional personnel from other health professions to supplement the primary instructor. The Board voted to take no action on the request to allow clinical instructors to be on site and to perform their regular work concurrent with clinical instruction, but reduce the ratio for students to instructor from 10:1 to 4:1. The Board made this decision because the decreased ratio would require programs to hire more instructors at a time when they have struggled to fill instructor spots. This would increase the burden on nurse aide education programs and increase costs for students. Additionally, the division of the instructor's attention between their regular duties and instructor duties could lead to a decrease in the quality of instruction for the students.