2/4/2016 3:32 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 Nursing
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 90 - 20: Regulations of the Board of Nursing
Statutory Authority: State: Chapter 30 of Title 54.1

Federal:
Date Petition Received 10/02/2015
Petitioner Elena Aponte-Bostwick
 Petitioner's Request
To add a subsection D to 18VAC90-20-200 to authorize the Board to license by endorsement an applicant who has honorably served for a minimum of 10 years as a registered nurse in either a civilian capacity with the U. S. Department of Defense or with the U. S. Department of Veteran's Affairs or on active or reserve status in the U. S. Armed Forces, provided the applicant is licensed and in good standing in another U. S. jurisdiction.
 Agency Plan
In accordance with Virginia law, the petition to add a subsection to 18VAC90-20-200 was posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov.  It has also been filed with the Register of Regulations for publication on November 2, 2015. Comment on the petition from interested parties is requested until December 2, 2015.  Following receipt of all comments on the petition, the request will be considered by the Board of Nursing at its meeting scheduled for January 26, 2016 to decide whether to make any changes to the regulatory language.  After that meeting, the Board will let the petitioner know its decision.
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 02/04/2016
 Agency Decision Text
While members were particularly appreciative of the petitioner's prior service, the Board decided to take no action on the petition request.  The members were concerned that an exception to passage of the NCLEX would set precedence for deviation from its licensing requirements and national uniformity.  Consistent standards for licensure by examination and endorsement are necessary to ensure fairness to all applicants. The petitioner was advised that she could pursue licensure in Virginia by applying for licensure by examination and taking the NCLEX.