| 9/13/2013 3:49 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 Dentistry |
| Regulatory Coordinator: | Sandra Reen (804)367-4437 sandra.reen@dhp.virginia.gov |
| Agency Contact: | Elaine J. Yeatts Agency Regulatory Coordinator (804)367-4699 elaine.yeatts@dhp.virginia.gov |
| Contact Address: | Department of Health Professions 9960 Mayland Drive, Suite 300 Richmond, VA 23233 |
| Chapter Affected: | |
| 18 vac 60 - 20: | Regulations Governing Dental Practice |
| Statutory Authority: |
State: Chapter 27 of Title 54.1 Federal: |
| Date Petition Received | 07/10/2013 |
| Petitioner | Terry Dickinson, DDS |
To amend regulations for unprofessional conduct to specify that a dentist cannot:
1) offer rebates, split fees or commissions for services rendered to a patient to
any person other than a partner, employee or employer; nor 2) directly or indirectly
receive a fee or other consideration to or from a third party for the referral of
a patient or client.
Agency Plan
The petition will be published on July 29, 2013 in the Register of Regulations and
also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive
public comment ending August 28, 2013. The request to amend regulations and any comments
for or against the petition will be considered by the Board at its meeting scheduled
for September 13, 2013.
| Publication Date | 07/29/2013 (comment period will also begin on this date) |
| Comment End Date | 08/28/2013 |
Take no action
| Agency Response Date | 09/13/2013 |
The petition and related comments were considered by the Board at its meeting today.
It was generally agreed that the issue should be addressed, but it is unclear that
the Board has statutory authority to promulgate a regulation with such a prohibition.
The Board was given a copy of provisions in the Medical Practice Act (ยงยง 54.1-2962
and 54.1-2962.1) as examples of language in the Code of Virginia. So while the Board
has denied the request for rulemaking at this time, it has taken the matter under
advisement and referred it to a committee for further consideration