2/22/2016 2:31 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
Agency Decision
Promulgating Board: Board of Veterinary Medicine
Regulatory Coordinator: Elaine J. Yeatts


Agency Contact: Elaine J. Yeatts

Agency regulatory coordinator


Contact Address: Department of Health Professions

9960 Mayland Drive

Henrico, VA 23233
Chapter Affected:
18 vac 150 - 20: Regulations Governing the Practice of Veterinary Medicine
Statutory Authority: State: Chapter 38 of Title 54.1

Date Petition Received 10/13/2015
Petitioner Amy Schlake
 Petitioner's Request
To amend the definition of surgery to allow veterinary technicians to perform single layer closure of the gingival flap created by a veterinarian.
 Agency Plan
The petition will be published on November 2, 2015 in the Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending December 2, 2015. 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 tentatively scheduled for February 10, 2016.
Publication Date 11/02/2015  (comment period will also begin on this date)
Comment End Date 12/02/2015
 Agency Decision
Take no action
Agency Response Date 02/22/2016
 Agency Decision Text
At its meeting on February 10, 2016, the Board considered the petition and all comments in favor of and in opposition to the request for an amendment.  Its conclusion was that closure of the gingival flap involves tissue and is different from a skin closure.  While the procedure can be simple in some cases, it is often complex and difficult to achieve the desired result.  The Board has affirmed its guidance on the allowable duties of a veterinary technician adopted in Guidance Document 150-2 in February of 2015, in which it stated that:  The Board determined that oral mucosa is not skin, therefore, an LVT would not be permitted to perform closure of a previously created gingival flap.