Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-460, Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools. The purpose of the proposed action is to update the chapter with modern standards for health and safety at water recreation facilities, including standards for water quality, facility maintenance and operation, safety equipment, and water recirculation systems. Incorporating developments from more recent advancements in the water recreation industry will assist Virginia water recreation facilities in providing safe and healthy environments for their patrons. The proposed action is a result of a periodic review.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 35.1-11, 35.1-13, 35.1-16, and 35.1-17 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: Julie Henderson, Director of Food and General Environmental Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23235, telephone (804) 864-7455, FAX (804) 864-7475, TTY (800) 828-1120, or email julie.henderson@vdh.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Contractors intends to consider amending 18VAC50-22, Board for Contractors Regulations. The purpose of the proposed action is to divide the existing sewage disposal systems contracting specialty in 18VAC50-22-30 into two new specialties: alternative sewage disposal system contracting and conventional sewage disposal system contracting. A division of the existing specialty will align the licensing of the contractor licenses for these specialties, issued by the Board for Contractors, with the individual licenses issued by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: Eric L. Olson, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email contractors@dpor.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Contractors intends to consider amending 18VAC50-30, Individual License and Certification Regulations. The purpose of the proposed action is to lower the current vocational training requirement for certified backflow prevention device workers who have fewer than seven years of experience in water distribution systems to 32 hours.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: Eric L. Olson, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email contractors@dpor.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medicine intends to consider amending 18VAC85-20, Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic. The purpose of the proposed action is to specify that the standard of practice would prohibit a doctor from engaging in conversion therapy with a patient. The proposed action would also define conversion therapy and specify that it does not include counseling or therapy that provides assistance to a person undergoing gender transition or counseling or therapy that provides acceptance, support, and understanding. The goal is to align regulations of the board with the stated policies and ethics for the professions.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4621, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing intends to consider amending 18VAC90-19, Regulations Governing the Practice of Nursing. The purpose of the proposed action is to specify that the standard of practice prohibits a nurse from engaging in conversion therapy with a patient. The amendments will define conversion therapy and specify that it does not include counseling or therapy that provides assistance to a person undergoing gender transition or counseling or therapy that provides acceptance, support, and understanding. The goal is to align regulations of the board with the stated policies and ethics for the profession.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4520, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Boards of Nursing and Medicine intend to consider amending 18VAC90-30, Regulations Governing the Licensure of Nurse Practitioners. The purpose of the proposed action is to specify that the standard of practice prohibits a nurse practitioner from engaging in conversion therapy with a patient. The amendments will define conversion therapy and specify that it does not include counseling or therapy that provides assistance to a person undergoing gender transition or counseling or therapy that provides acceptance, support, and understanding. The goal is to align regulations with the stated policies and ethics for the professions of nursing and medicine.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4520, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Optometry intends to consider amending 18VAC105-20, Regulations of the Virginia Board of Optometry. The purpose of the proposed action is to (i) reiterate the Code of Virginia requirement effective July 1, 2020, that a prescription for a controlled substance that contains an opioid must be issued as an electronic prescription and (ii) provide for a one-year waiver from the requirement if the practitioner can demonstrate economic hardship, technological limitations, or other exceptional circumstances beyond the practitioner's control.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400 and 54.1-3408.02 of the Code of Virginia. 

Public Comment Deadline: October 14, 2020.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 597-4130, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Pharmacy intends to consider amending 18VAC110-60, Regulations Governing Pharmaceutical Processors. The purpose of the proposed action is to prohibit the production of an oil intended to be vaporized or inhaled from containing vitamin E acetate.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-3442.6 and 54.1-3447 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending 22VAC-40-601, Supplemental Nutrition Assistance Program. This chapter establishes the framework by which local departments of social services administer the Supplemental Nutrition Assistance Program (SNAP), which provides nutrition benefits to supplement the food budget of eligible families so that they can purchase healthy food and move toward self-sufficiency. The purpose of the proposed action is to repeal 22VAC40-601-50, which allows denial of applications for SNAP benefits after 30 days if the local department of social services is unable to process the application because additional information is needed. Federal regulations permit this processing method. The agency adopted 22VAC40-601-50 in 2011 as a potential local workload reduction effort. However, full comprehension of federal requirements and system changes required for implementation have extinguished the impact on work reduction outcomes. Thorough evaluation of the application denial method revealed that timing of staff work activities would shift, but not necessarily result in a reduction. This proposed action is a result of a periodic review.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 63.2-217 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: Celestine Jackson, Human Services Consultant, Department of Social Services, 7 North Eighth Street, Richmond, VA 23219, telephone (804) 726-7376, FAX (804) 726-7356, or email celestine.jackson1@dss.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department for the Blind and Vision Impaired intends to consider amending 22VAC45-30, Regulations Governing the Sale and Distribution of Goods and Articles Made by Blind Persons. The purpose of the proposed action, as a result of the periodic review process, is to (i) align the chapter with §§ 51.5-101 through 51.5-105 of the Code of Virginia, (ii) incorporate the use of people first language, and (iii) correct the agency name.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 51.5-65 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: Susan K. Davis, MS, CRC, Regulatory Coordinator, Department for the Blind and Vision Impaired, 397 Azalea Avenue, Henrico, VA 23227, telephone (804) 371-3140, FAX (804) 371-3157, or email susan.davis@dbvi.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department for the Blind and Vision Impaired (DBVI) intends to consider amending 22VAC45-70, Provision of Services in Rehabilitation Teaching, and repealing 22VAC45-80, Provision of Independent Living Rehabilitation Services. The purpose of the proposed action is to implement the results of a periodic review and amend 22VAC45-70 (Provision of Services in Rehabilitation Teaching) while simultaneously repealing 22VAC45-80 (Provision of Independent Living Rehabilitation Services). These two chapters include language that is identical or very similar regarding referral for, eligibility determination of, plan for, and scope of rehabilitation teaching and independent living services. DBVI does not operate independent living centers for the blind as described in 22VAC45-80. Rather, DBVI coordinates and provides independent living services through its Rehabilitation Teaching/Independent Living Program and as ancillary services through its Vocational Rehabilitation Services Program.

This action updates 22VAC45-70 to (i) reflect a change in title; (ii) expand rehabilitation teaching services to include independent living services, which is current agency practice; (iii) update definitions and state and federal citations; and (iv) make other technical or necessary changes.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 51.5-65 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: Susan K. Davis, MS, CRC, Regulatory Coordinator, Department for the Blind and Vision Impaired, 397 Azalea Avenue, Richmond, VA 23227, telephone (804) 371-3184, or email susan.davis@dbvi.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department for the Blind and Vision Impaired (DBVI) intends to consider amending 22VAC45-70, Provision of Services in Rehabilitation Teaching, and repealing 22VAC45-80, Provision of Independent Living Rehabilitation Services. The purpose of the proposed action is to implement the results of a periodic review and amend 22VAC45-70 (Provision of Services in Rehabilitation Teaching) while simultaneously repealing 22VAC45-80 (Provision of Independent Living Rehabilitation Services). These two chapters include language that is identical or very similar regarding referral for, eligibility determination of, plan for, and scope of rehabilitation teaching and independent living services. DBVI does not operate independent living centers for the blind as described in 22VAC45-80. Rather, DBVI coordinates and provides independent living services through its Rehabilitation Teaching/Independent Living Program and as ancillary services through its Vocational Rehabilitation Services Program.

This action updates 22VAC45-70 to (i) reflect a change in title; (ii) expand rehabilitation teaching services to include independent living services, which is current agency practice; (iii) update definitions and state and federal citations; and (iv) make other technical or necessary changes.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 51.5-65 of the Code of Virginia.

Public Comment Deadline: September 30, 2020.

Agency Contact: Susan K. Davis, MS, CRC, Regulatory Coordinator, Department for the Blind and Vision Impaired, 397 Azalea Avenue, Richmond, VA 23227, telephone (804) 371-3184, or email susan.davis@dbvi.virginia.gov.