| 3/22/2022 1:43 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
| Promulgating Board: | Board of Nursing |
| Regulatory Coordinator: | Elaine J. Yeatts (804)367-4688 elaine.yeatts@dhp.virginia.gov |
| Agency Contact: | Jay P. Douglas, R.N. Executive Director (804)367-4520 jay.douglas@dhp.virginia.gov |
| 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 Federal: |
| Date Petition Received | 01/10/2022 |
| Petitioner | Gary Bahena |
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 |
Initiate a regulatory change
| Agency Response Date | 03/22/2022 |
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.