Vol. 26 Iss. 22 - July 05, 2010



Initial Agency Notice

Title of Regulation: 18VAC90-20. Regulations Governing the Practice of Nursing.

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

Name of Petitioner: Joseph Porter, Esq., on behalf of Excelsior College.

Nature of Petitioner's Request: 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's Plan for Disposition of the Request: The board will publish the petition for rulemaking 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.

Public Comment Deadline: August 4, 2010.

Agency Contact: Jay P. Douglas, Executive Director, Board of Nursing, 9960 Mayland Drive, Richmond, VA 23233-1463, telephone (804) 367-4515, FAX (804) 527-4455, or email

VA.R. Doc. No. R10-64; Filed June 9, 2010, 10:05 a.m.


Agency Decision

Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy.

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

Name of Petitioner: David P. Byrd.

Nature of Petitioner's Request: Promulgate a regulation to add Tramadol and Tramadol/APAP to Schedule IV because of the abuse problems and to have those drugs reportable to the Prescription Monitoring Program.

Agency Decision: Request granted.

Statement of Reasons for Decision: The board decided to seek a legislative action to amend the Drug Control Act in order to add Tramadol and Carisoprodol to Schedule IV. If approved by the Governor, legislation would be introduced in the 2011 Session of the General Assembly.

Agency Contact: Elizabeth Scott Russell, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Henrico, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email

VA.R. Doc. No. R10-42; Filed June 14, 2010, 10:23 a.m.

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Agency Interim Decision

Title of Regulation: 24VAC30-121. Comprehensive Roadside Management Program Regulations.

Statutory Authority: §§ 33.1-12 and 33.1-223.2:9 of the Code of Virginia.

Name of Petitioner: Proctor S. Harvey.

Nature of Petitioner's Request: Amend provisions of regulations as follows: (i) in 24VAC30-121-30, add new subsection C to allow Virginia Department of Transportation (VDOT) District Administrator or designees to review issues arising from a permit application and make recommendations and decisions for resolution; and (ii) in 24VAC30-121-40 D 4 concerning location of acknowledgement signs, change criteria in subdivisions a, b, c, and d from 45 mph to 60 mph to allow for greater locations for gardens.

Statement of Reasons for Decision: VDOT is deferring a decision on granting this petition at this time for the following reason: a portion of the changes proposed to the regulation involves signage along the main traveled way and interchanges of noncontrolled and controlled access primary and secondary highways, in addition to interstate interchanges. VDOT has sought concurrence from the Federal Highway Administration (FHWA) on implementation of this part of the proposal. VDOT will render a decision on the entire petition as expeditiously as possible once the FHWA has provided its input on the petition.

Agency Contact: Keith M. Martin, Agency Regulatory Coordinator, Department of Transportation, Policy Division, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830 or email

VA.R. Doc. No. R10-41; Filed June 16, 2010, 8:27 a.m.