Virginia Regulatory Town Hall
secretary
Health and Human Resources
Agency
Department of Health Professions
Board
Board of Physical Therapy
Petition 364
Petition Information
Petition Title Prohibition of requirements for mask wearing, receipt of vaccines, and disclosure of vaccine status to receive physical therapy
Date Filed 4/6/2022    [Transmittal Sheet]
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's 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.

 
Comment Period Began 4/25/2022    Ended 5/25/2022
61 comments
Virginia Register Announcement Submitted on 4/6/2022
 
The Virginia Register of Regulations
 
Published on: 4/25/2022     Volume: 38  Issue: 18
Agency Decision Take no action    
Response Date Petition result not yet submitted for Publication.      
Agency Decision Summary

The Board considered the petition at its November 1, 2022 Board meeting and decided to take no action on the petition for the following reasons: 

  1. The Board does not regulate business practices.
  2. The disciplinary provisions requested by the petitioner would be redundant. The Department of Health Professions already investigates every complaint submitted pursuant to 54.1-2506.01. An individual can already file a complaint, regardless of reason.
  3. Sufficient enforcement capabilities of violations of law or regulation exist through DHP and the Board. 
  4. The timelines requested by the petitioner for investigation and resolution of a complaint through disciplinary means are unworkable. 

Contact Information
Name / Title: Corie Tillman Wolf  / Executive Director
Address: 9960 Mayland Drive
Suite 300
Richmond, 23233
Email Address: ptboard@dhp.virginia.gov
Telephone: (804)367-4674    FAX: (804)527-4413    TDD: ()-