9/20/2010 10:21 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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 Nursing |
Regulatory Coordinator: | Jay P. Douglas, R.N. (804)367-4515 jay.douglas@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 Richmond, VA 23233 |
Chapter Affected: | |
18 vac 90 - 20: | Regulations of the Board of Nursing |
Statutory Authority: |
State: Chapter 30 of Title 54.1 Federal: |
Date Petition Received | 06/08/2010 |
Petitioner | Excelsior College |
To amend regulations to allow RN applicants whose educational programs did not provide
the requisite hours of clinical education to be licensed based on other criteria set
forth in regulation.
Agency Plan
The Board will publish the petition for rule-making and request comment for 30 days
beginning July 5, 2010, after which the request for amendments will be considered
by the Board of Nursing at its meeting on September 14, 2010.
Publication Date | 07/05/2010 (comment period will also begin on this date) |
Comment End Date | 08/04/2010 |
Take no action
Agency Response Date | 09/15/2010 |
The Board considered the petition on September 14, 2010 and decided to deny the specific
changes requested to requirements for licensure by examination and endorsement. It
would appear that the draft amendments presented in the petition could have unintended
consequences and potentially be in conflict with the Code of Virginia, which requires
an applicant for nursing licensure to complete an approved nursing education program
as a minimal qualification for licensure.
The proposed amendments would set one standard for Virginia schools and graduates
and a different standard for all other schools and their graduates. Without an equal
standard for curricula and clinical experiences, the determination of competency could
be inconsistently applied by various schools and their faculty. The regulations proposed
by the petition could have a chilling effect on the nursing workforce in Virginia,
as the changes would limit the qualification for licensure to graduation from either
Virginia programs approved by the Board or programs that admit only persons with previous
health care licensure and/or experience. Other programs outside of Virginia that currently
meet the educational and clinical criteria for approval would be excluded.
Additionally, the Board discussed its commitment to precepted clinical hours of direct
patient care in the role of a registered nurse as essential for evidence of competency
for licensure. Years of experience as an LPN are certainly valuable but do not translate
into experience in the RN role across areas of practice throughout the life span.
Finally, the Board expressed its intent to address the issues raised by the petition
and by a few recent applicants who have graduated from other out-of-state programs
that do not meet all the Board's standards for approval. In the next two months, an
ad hoc committee will review policies and rules in other states to determine whether
there are alternatives that could accommodate the needs of Excelsior graduates and
other out-of-state programs that do not have the requisite number of clinical hours
and also provide assurance to the Board and the public that registered nurses licensed
in Virginia have the didactic and clinical education necessary for safe, competent
practice.