PETITIONS FOR RULEMAKING
Vol. 28 Iss. 22 - July 02, 2012

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF DENTISTRY

Agency Decision

Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice.

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

Name of Petitioner: Denice Burnette.

Nature of Petitioner's Request: Amend 18VAC60-20-190 to permit dental assistants II to operate a high speed rotary instrument in the mouth.

Agency Decision: Request denied.

Statement of Reason for Decision: At its meeting on June 8, 2012, the board considered the petition and comments for or against and decided to deny the request for rulemaking. In the board's opinion, allowing dental assistants II to use high speed rotary instruments has the potential for serious harm and is not in the interest of public health and safety. Additionally, there may be a statutory prohibition since § 54.1-2729.01 requires that only tasks that are reversible may be delegated to dental assistants II.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R12-20; Filed June 8, 2012, 2:01 p.m.

BOARD OF PHARMACY

Agency Decision

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

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Name of Petitioner: Kristen Barratt, R.Ph.

Nature of Petitioner's Request: To adopt regulations similar to those in North Carolina and West Virginia that establish a limitation on the number of hours a pharmacist can work continuously and a requirement for breaks during a shift.

Agency Decision: Request granted.

Statement of Reason for Decision: At its meeting on June 12, 2012, the board considered all comments and a recommendation from the Regulation Committee. In response, it decided to issue a Notice of Intended Regulatory Action (NOIRA) to consider changes similar to those suggested in the petition. Following publication of the NOIRA, the Regulation Committee of the board will review regulations from other states and any comments received from the NOIRA. Draft regulations will be proposed to the full board.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R12-19; Filed June 13, 2012, 12:12 p.m.

BOARD OF PHYSICAL THERAPY

Initial Agency Notice

Title of Regulation: 18VAC112-20. Regulations Governing the Practice of Physical Therapy.

Statutory Authority: §§ 54.1-2400 and 54.1-3473 through 54.1-3483 of the Code of Virginia.

Name of Petitioner: Pamela A. Plasberg

Nature of Petitioner's Request: Change the requirement for reevaluation of the patient from: Not less than one of 12 visits made to the patient during a 30-day period or not less than once every 30 days (current regulation) to: Not less than every 12 visits made to the patient during a three-month period or not less than every three months.

Agency Plan for Disposition of Request: The board will request public comment on the petitioner's request until July 31, 2012, and will consider the petition at its meeting scheduled for August 17, 2012.

Public Comments: July 31, 2012.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R12-25; Filed June 5, 2012, 11:40 a.m.