9/18/2015 2:11 pm
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 Dentistry
Regulatory Coordinator: Elaine J. Yeatts

(804)367-4688

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

Agency Regulatory Coordinator

(804)367-4688

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

9960 Mayland Drive

Suite 300

Henrico, 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 06/11/2015
Petitioner Terry Dickinson
 Petitioner's Request
To amendregulations for unprofessional conduct to adopt, by reference, the Principles of Ethics and Code of Professional Conduct of the American Dental Association.
 Agency Plan
The petition will be published on July 13, 2015 in the Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending August 12, 2015.  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 18, 2015.
Publication Date 07/13/2015  (comment period will also begin on this date)
Comment End Date 08/12/2015
 Agency Decision
Take no action
Agency Response Date 09/18/2015
 Agency Decision Text
At its meeting on September 18, 2015, the Board voted to deny the petition.  The Board reviewed comments on the petition, a crosswalk between the ADA Code and Virginia law and regulation, and the Code itself.  Members were reminded that the Board relied heavily on the ADA Code in the 2010 development of amended regulations, so most of the standards in the Code are addressed in current or proposed regulations.  Additionally, some of the standards in the ADA Code, such as participation in professional societies, are not appropriate to establish as grounds for disciplinary action.  While the Board appreciates the aspirational language of the ADA Code, it must rely on more objective standards on which to base a finding of unprofessional conduct and discipline a licensee.