8/8/2014 9:08 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
Initial Agency Notice
X
Agency Decision
Promulgating Board: Board of Physical Therapy
Regulatory Coordinator: Elaine J. Yeatts

(804)367-4688

elaine.yeatts@dhp.virginia.gov
Agency Contact: Elaine Yeatts

Agency Regulatory Coordinator

(804)367-4688

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

9960 Mayland Drive

Henrico, 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 04/29/2014
Petitioner Frederick Tarantino
 Petitioner's Request
The Board should require that PTA programs in the Commonwealth of Virginia accept qualified applicants with prior misdemeanors and felonies on a case-by-case basis so long that they are not barred under "Barrier Laws".  
 Agency Plan
In accordance with Virginia law, the petition has been filed with the Register of Regulations and will be published on May 19, 2014.  Comment on the petition may be sent by email, regular mail or posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov; comment will be requested until June 18, 2014.  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 meeting scheduled for July 15, 2014.
Publication Date 05/19/2014  (comment period will also begin on this date)
Comment End Date 06/18/2014
 Agency Decision
Take no action
Agency Response Date 08/08/2014
 Agency Decision Text
In its regulations, the Board has defined an "approved program" as meaning an educational program accredited by the Commission on Accreditation in Physical Therapy Education of the American Physical Therapy Association.  The Board relies on the Commission for appropriate oversight of physical therapy assistant programs.  To redefine the meaning of an "approved program" as requested in your petition would be a departure from its long-standing policy of accepting national accreditation for physical therapy education.  While the Board appreciates the dilemma created by the college's admission policy, it does not believe it is appropriate to redefine the meaning of an approved program to impose different criteria for acceptance.  Therefore, the Board has rejected the petition and will not initiate rulemaking.  The oversight agency for community colleges in Virginia is the State Council of Higher Education.  The Board requested that the Executive Director send a letter to NOVA CC with a copy to SCHEV explaining its licensure process and the factors it considers in making a licensure decision.