Virginia Regulatory Town Hall
Health and Human Resources
Department of Health Professions
Board of Nursing
Petition 356
Petition Information
Petition Title Nurse aide education programs
Date Filed 1/10/2022    [Transmittal Sheet]
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's 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 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.

Comment Period Ended 2/20/2022
Agency Decision Initiate a regulatory change [Transmittal Sheet]    
Response Date 3/22/2022
Agency Decision Summary

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.

Associated regulatory action Amendments to regulations governing nurse aide education programs
Latest Stage: Fast-Track

Contact Information
Name / Title: Jay P. Douglas, R.N.  / Executive Director
Address: 9960 Mayland Drive
Suite 300
Richmond, 23233
Email Address:
Telephone: (804)367-4520    FAX: (804)527-4455    TDD: ()-