Administrative Code

Virginia Administrative Code
12/6/2021

Part VIII. Training Course Approval

18VAC160-40-390. Approval of training courses.

A. Training courses may be substituted for experience pursuant to the provisions of 18VAC160-40-70. With the exception of training courses provided pursuant to 18VAC160-40-430, training courses that may be substituted for required experience must be approved by the board prior to commencing in accordance with the provisions of this section.

B. Each training provider seeking course approval shall submit an application for approval on a form provided by the board. Only classroom, laboratory, and field trip contact time will be used to compute training credits. No credit will be given for breaks, meals, or receptions.

1. Organization. The board will only approve training offered by a provider that is an identifiable organization with a mission statement outlining its functions, structure, process, and philosophy and that has a staff of one or more persons with the authority to administer and coordinate the training course.

2. Training course records. The board will only approve training offered by a provider that maintains records for all participants for a minimum of seven years and that has a written policy on retention and release of records.

3. Instructors. The board will only approve training conducted by personnel who have demonstrated competency in the subject being taught, an understanding of the learning objective, and knowledge of the learning process to be used.

4. Objectives. The board will only approve courses that have a series of stated objectives that are pertinent to the tasks performed by the licensee. The training course content must be consistent with those objectives.

5. Course completion requirements. For successful completion of a training course, participants must attend 90% or more of the class contact time and must demonstrate their learning through written examinations, completion of a project, oral examination, or other similar assessment techniques.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; Errata, 33:15 VA.R. XXXX March 20, 2017.

18VAC160-40-400. Application for training course approval.

A. The board shall consider the following information, to be submitted by the course provider or instructor on forms provided by the board:

1. Course information.

a. Course title;

b. Planned audience;

c. Name of provider;

d. Name, physical address, email address, and phone number of contact person;

e. Scheduled presentation dates;

f. Detailed course schedule, hour by hour including begin and end times;

g. List of planned breaks;

h. Scheduled presentation location; and

i. Identification of the profession, category, and class of license to which the course is applicable and relevancy to the identified license type.

2. Instructor qualifications.

a. Name of instructor;

b. Title;

c. Employer;

d. Board license number or numbers, if applicable; and

e. Summary of qualifications to teach the course.

3. Training materials.

a. Course objectives. A listing of the course objectives stated in terms of the skills and knowledge the participant will be able to demonstrate as a result of the training.

b. Course outline. A detailed outline showing the planned activities that will occur during the training course, including major topics, planned presentation sequence, laboratory and field activities, audiovisual presentations, and other major activities.

c. Course reference materials. A list of the name, publisher, and publication date for commercially available publications. For reference materials developed by the course provider or available exclusively through the course, a copy of the reference.

d. Audiovisual support materials. A listing of any commercially available audiovisual support material that will be used in the program. A brief description of any provider or instructor generated audiovisual material that will be used.

e. Handouts. Identification of all commercially available handout materials that will be used, as well as copies of other planned handouts.

4. Determination of successful completion. A description of the means that will be used to assess the learning of each participant to determine successful completion of training program, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques. Correspondence and other distance learning courses must include appropriate testing procedures to verify completion of the course.

B. Recurring training programs. If there are plans to present the same course of instruction routinely at multiple locations with only minor modifications and changes, the board may approve the overall program rather than individual presentations if so requested by the provider.

1. The board shall consider all of the information listed in subsection A of this section except those items related to specific offerings of the course.

2. Board approval will apply only to those specific offerings certified by the provider as having been conducted by instructors meeting the established criteria and in accordance with the board-approved course outlines and objectives.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-410. Maintenance of training course approval.

A. At times established by the board, the board may require that course providers that have previously obtained course approval provide the board with evidence, in a form set forth by the board, that the provider continues to comply with the requirements of this chapter. Failure to continue to comply with the board's requirements or respond to such a request may result in the board withdrawing its approval.

B. Substantial modifications or changes to the information provided in 18VAC160-40-390 and 18VAC160-40-400 must be reported to the board within 30 days of the change. Failure to report the changes as required may result in the withdrawal of approval by the board.

C. Any change of address of the training provider shall be reported in writing within 30 days of the change.

D. The board may conduct an audit of the training provider to ensure continued compliance with this chapter.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-420. Withdrawal of approval.

The board may withdraw approval of any provider for the following reasons:

1. The course or courses being offered no longer meet the standards established by the board.

2. The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way.

3. The provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, or student records.

4. The provider fails to respond to the board or any of its agents.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-430. Training courses offered by certain entities, board approval not required.

A. Training courses provided by (i) federal, state, or local government agencies; (ii) accredited colleges or universities approved or accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (iii) a regional or national accreditation association; or (iv) an accrediting agency that is recognized by the U.S. Secretary of Education do not require board approval to be used for experience substitution, provided the training course information submitted to the board includes the following:

1. The course must include the continuing education hours awarded by the entity.

2. The course must be related to the profession, category, or class, if applicable, for which experience substitution is sought.

B. The board may require additional information from the provider as necessary to ensure compliance with this section. If such assurance cannot be made by the board, the training course may not be used for experience substitution, or the provider may pursue board approval pursuant to this chapter.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.