4/6/2022 11:55 am
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
X
Initial Agency Notice
Agency Decision
Promulgating Board: Board of Physical Therapy
Regulatory Coordinator: Erin Barrett

(804)367-4688

erin.barrett@dhp.virginia.gov
Agency Contact: Corie Tillman Wolf

Executive Director

(804)367-4674

ptboard@dhp.virginia.gov
Contact Address: Department of Health Professions

9960 Mayland Drive

Suite 300

Richmond, VA 23233
Chapter Affected:
18 vac 112 - 20: Regulations Governing the Practice of Physical Therapy
Statutory Authority: State: Sections 54.1-2400 and 54.1-3473 through 54.1-3483

Federal:
Date Petition Received 04/06/2022
Petitioner Michael Schultz
 Petitioner's Request
The petitioner requests that the Board amend its regulations to: (1) prohibit physical therapists and physical therapy assistants from refusing to provide physical therapy to patients or prospective patients if those individuals or their accompanying representatives refuse to wear masks; (2) prohibit physical therapists and physical therapy assistants from enforcing any requirements for patients, prospective patients, or patient representatives to wear masks to receive physical therapy, including when following policies of insurers or organizations or when following guidance issued by the Centers for Disease Control, local health departments, or the Virginia Department of Health; (3) prohibit physical therapists and physical therapy assistants from refusing to provide physical therapy to any patient or prospective patient based on the vaccination status of the patient or patient representative for any COVID-19 vaccine or for any other vaccine under Emergency Use Authorization status or full approval status by the Food and Drug Administration; (4) prohibit physical therapists and physical therapy assistants from refusing to provide physical therapy to any patient or prospective patient who refuses to disclose whether they have received any vaccine, including any COVID-19 vaccine; and (5) institute a specific complaint and disciplinary procedure under the regulations of the Board of Physical Therapy for any conduct prohibited by numbers (1) ‐ (4), above.
 Agency Plan
The petition for rulemaking will be published in the Virginia Register of Regulations on April 25, 2022. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment, which will open on April 25, 2022 and will close on May 25, 2022. The Board will consider the petition and all comments in support or opposition at the next meeting after the close of public comment, August 9, 2022. The petitioner will be notified of the Board's decision after that meeting.
Publication Date 04/25/2022  (comment period will also begin on this date)
Comment End Date 05/25/2022