Amended HB 793 Draft Regulations Passed Unanimously

 
At its September 18th meeting, the Board of Nursing voted 12-0 to adopt the HB 793 draft emergency regulations, as amended by the Board of Medicine at its August 3rd meeting. The Board of Nursing did not make any additional changes to the regulations. To view a copy of the updated emergency regulations, as passed, please click here.
 
Since the Board of Medicine and the Board of Nursing have now passed identical draft emergency regulations for HB 793, the regulations will now be reviewed by several state agencies before reaching the Governor’s desk. As soon as the Governor provides his signature, the legislation will go into effect! Per the law, the emergency regulations must be in place by the end of this year at the latest.
 
We are still waiting to learn more about the structure of the attestation form. Board of Nursing Executive Director Jay Douglas has indicated that the Board will keep licensees apprised of the latest developments, and we will continue to send updates as we discover more.
 
Looking forward: The emergency regulations will only remain in effect for 18 months, after which permanent regulations will be promulgated. This will be preceded by a Notice of Intended Regulatory Action (NOIRA) and additional opportunities for public comment.
 

Additional Developments at the Meeting

• The Board voted unanimously to adopt proposed regulations that will eliminate the separate license for NP prescriptive authority. The updated regulations repeal 18VAC90-40-50 (“Renewal of prescriptive authority”), as well as 18VAC90-40-60 (“Reinstatement of prescriptive authority”). There will be a one-time, $35 fee for the initial issuance of prescriptive authority. For additional information, please see the relevant Notice of Intended Regulatory Action (NOIRA).

 

• The Board of Nursing voted unanimously to extend the emergency regulations for the prescribing of opioids by NPs for another six months, beyond the expiration of November 7, 2018. Due to timing concerns, the Boards of Nursing and Medicine would have been unable to ensure the final regulations would take effect before the original expiration date. Please click here for more details about the motion.

 

• The Department of Health Professions (DHP) is in the process of developing a paperless initiative, under which any licenses issued/renewed by the Board of Nursing will be available electronically. The license lookup system will be updated in real time, reflecting any changes as soon as they happen; hard copies of a license may be available only “by request,” for a fee. The paperless initiative will go into effect in the near future, though the exact date is uncertain – all licensees will be notified about these developments via email.