NOTICES OF INTENDED REGULATORY ACTION
Vol. 29 Iss. 3 - October 08, 2012

TITLE 4. CONSERVATION AND NATURAL RESOURCES
Virginia State Forest Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Forestry intends to consider amending 4VAC10-30, Virginia State Forest Regulations. The purpose of the proposed action is to amend the regulations to implement Chapter 484 of the 2012 Acts of Assembly relating to state forest special use permits to hunt, trap, fish, ride bikes, and ride horses in a state forest. The regulations will establish an annual fee of $15 for special use permits to hunt, fish, trap, ride bikes, or ride horses.

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

Statutory Authority: §§ 10.1-1101 and 10.1-1152 of the Code of Virginia.

Public Comment Deadline: November 7, 2012.

Agency Contact: Ronald S. Jenkins, Administrative Officer, Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903, telephone (434) 977-6555, FAX (434) 293-2768, or email ron.jenkins@dof.virginia.gov.

VA.R. Doc. No. R13-3185; Filed September 18, 2012, 10:22 a.m.
TITLE 12. HEALTH
Regulations for the Conduct of Human Research
Notice of Intended Regulatory Action

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 12VAC5-20, Regulations for the Conduct of Human Research. The purpose of the proposed action is to amend the regulations for clarity, efficiency, and effectiveness relating to (i) the elements that each review committee shall consider in conducting a review of a proposed human research project; (ii) the expedited review process, including the committee's authority to suspend or terminate approval of research; (iii) the informed consent process; and (iv) the elimination of references to repealed Code of Virginia sections and the addition of a reference to the Virginia Immunization Information System. The proposed amendments are the result of a completed periodic review.

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

Statutory Authority: § 32.1-12.1 of the Code of Virginia.

Public Comment Deadline: November 7, 2012.

Agency Contact: Joseph Hilbert, Director of Governmental and Regulatory Affairs, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7006, FAX (804) 864-7022, or email joe.hilbert@vdh.virginia.gov.

VA.R. Doc. No. R13-3401; Filed September 17, 2012, 5:15 p.m.
TITLE 12. HEALTH
Amount, Duration, and Scope of Medical and Remedial Care and Services
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care and Services and 12VAC30-80, Methods and Standards for Establishing Payment Rate; Other Types of Care. The purpose of the proposed action is to conform the regulations to the legislative mandate of Item 297 UUUU of Chapter 890 of the 2011 Acts of Assembly to provide case management services for children who receive services through the Part C of the Individuals with Disabilities Education Act (IDEA) program.

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

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Public Comment Deadline: November 9, 2012.

Agency Contact: Molly Carpenter, Policy Analyst, Division of Maternal and Child Health, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 786-1493, FAX (804) 786-1680, or email molly.carpenter@dmas.virginia.gov.

VA.R. Doc. No. R13-2955; Filed September 12, 2012, 11:41 a.m.
TITLE 12. HEALTH
Methods and Standards for Establishing Payment Rate; Other Types of Care
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care and Services and 12VAC30-80, Methods and Standards for Establishing Payment Rate; Other Types of Care. The purpose of the proposed action is to conform the regulations to the legislative mandate of Item 297 UUUU of Chapter 890 of the 2011 Acts of Assembly to provide case management services for children who receive services through the Part C of the Individuals with Disabilities Education Act (IDEA) program.

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

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Public Comment Deadline: November 9, 2012.

Agency Contact: Molly Carpenter, Policy Analyst, Division of Maternal and Child Health, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 786-1493, FAX (804) 786-1680, or email molly.carpenter@dmas.virginia.gov.

VA.R. Doc. No. R13-2955; Filed September 12, 2012, 11:41 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing Dental Practice
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Dentistry intends to consider amending 18VAC60-20, Regulations Governing Dental Practice. The purpose of the proposed action is to revise the regulations to provide for permits for dentists who provide or administer conscious/moderate sedation or deep sedation/general anesthesia in a dental office as required by Chapter 526 of the 2011 Acts of Assembly. The key provisions of the regulations are to establish (i) definitions for words and terms used in sedation and anesthesia regulations; (ii) general provisions for administration, including recordkeeping and requirements for emergency management; (iii) requirements for deep sedation/general anesthesia permits including training, delegation of administration emergency equipment, and monitoring and discharge of patients; and (iv) requirements for conscious/moderate sedation permits including training, delegation of administration emergency equipment, and monitoring and discharge of patients. Emergency regulations are currently in effect.

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: November 7, 2012.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4538, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.

VA.R. Doc. No. R13-2984; Filed September 5, 2012, 2:41 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations of the Board of Funeral Directors and Embalmers
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Funeral Directors and Embalmers intends to consider amending 18VAC65-20, Regulations of the Board of Funeral Directors and Embalmers. The purpose of the proposed action is to implement identification prerequisites for cremation as mandated by Chapter 377 of the 2010 Acts of Assembly.

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: November 7, 2012.

Agency Contact: Lisa Russell Hahn, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4424, FAX (804) 527-4637, or email lisa.hahn@dhp.virginia.gov.

VA.R. Doc. No. R13-2543; Filed September 11, 2012, 1:06 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Behavior Analysis
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medicine intends to consider promulgating 18VAC85-150, Regulations Governing the Practice of Behavior Analysis. The purpose of the proposed action is to promulgate regulations for the licensure of behavior analysts and assistant behavior analysts pursuant to Chapter 3 of the 2012 Acts of Assembly.

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

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.

Public Comment Deadline: November 7, 2012.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.

VA.R. Doc. No. R13-3281; Filed September 12, 2012, 1:25 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Pharmacy
Notice of Intended Regulatory Action

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 18VAC110-20, Regulations Governing the Practice of Pharmacy. The purpose of the proposed action is to specify the elements of a continuous quality improvement program in a pharmacy as mandated by Chapter 123 of the 2011 Acts of Assembly. A noticed of intended regulatory action was previously published in 27:24 VA.R. 2579 August 1, 2011.

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: November 7, 2012.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R11-2888; Filed September 18, 2012, 9:52 a.m.
TITLE 22. SOCIAL SERVICES
Auxiliary Grants Program
Notice of Intended Regulatory Action

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 22VAC40-25, Auxiliary Grants Program. The Auxiliary Grant (AG) is an income supplement for individuals who receive Supplemental Security Income and certain other aged, blind, or disabled individuals who reside in a licensed assisted living facility or approved adult foster home. The purpose of the proposed action is to (i) add third-party payments to the regulation, (ii) clarify and simplify requirements for assisted living facility (ALF) and adult foster care providers in implementing third-party payments, and (iii) ensure third-party payments are applied appropriately as a payment source. The changes are needed due to Code of Virginia changes made during the 2012 Session of the General Assembly based on recommendations of the 2011 Joint Legislative Audit and Review Commission study, "Funding Options for Low-Income Residents of Assisted Living Facilities."

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 and 63.2-800 of the Code of Virginia.

Public Comment Deadline: November 7, 2012.

Agency Contact: Tishaun Harris-Ugworji, Adult Services Consultant, Department of Social Services, Division of Family Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7560, FAX (804) 726-7895, TTY (800) 828-1120, or email tishaun.harrisugworji@dss.virginia.gov.

VA.R. Doc. No. R13-3204; Filed September 14, 2012, 8:36 a.m.
TITLE 22. SOCIAL SERVICES
Standards for Licensed Child Day Centers
Notice of Intended Regulatory Action

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 repealing 22VAC40-185, Standards for Licensed Child Day Centers, and adopting 22VAC40-186, Standards for Licensed Child Day Centers. Legislation enacted at the 2012 Session of the General Assembly abolished the Child Day-Care Council (council) and transferred authority for promulgating council regulations to the State Board of Social Services. As a result of this transfer, the Registrar of Regulations created a new number for the Standards for Licensed Child Day Centers, 22VAC40-186. The renumbering of the regulation becomes effective November 1, 2012, to allow time for systems updates.

This regulatory action has several purposes. The first purpose is to ensure that parents have sufficient information to make informed decisions about placing their children in licensed child day centers. The second is to facilitate the social, emotional, and intellectual development of children receiving care in licensed child day centers. The third is to ensure the safety of children receiving care in licensed child day centers. The fourth is to improve understanding and interpretation leading to enhanced compliance and enforcement by the adjusted structure, format, and simplified language.

The current regulation has been amended six times since its adoption in 1993 and its current terminology and format is burdensome and confusing for providers, parents, and Division of Licensing Programs (DOLP) staff to navigate. In fact, the current regulations are supplemented by a 63-page guidance document to assist providers, parents, and DOLP staff in interpreting and enforcing the current regulation.

Repeal of the existing regulation and adoption of a new regulation was determined as the most efficient and effective way to make the necessary changes to achieve clarity and consistency, and to protect children.

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 and 63.2-1734 of the Code of Virginia.

Public Comment Deadline: November 7, 2012.

Agency Contact: Debra O'Neill, Child Care Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7648, FAX (804) 726-7132, or email debra.oneill@dss.virginia.gov.

VA.R. Doc. No. R13-3376; Filed September 17, 2012, 8:03 a.m. 
TITLE 22. SOCIAL SERVICES
Standards for Licensed Child Day Centers
Notice of Intended Regulatory Action

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 repealing 22VAC40-185, Standards for Licensed Child Day Centers, and adopting 22VAC40-186, Standards for Licensed Child Day Centers. Legislation enacted at the 2012 Session of the General Assembly abolished the Child Day-Care Council (council) and transferred authority for promulgating council regulations to the State Board of Social Services. As a result of this transfer, the Registrar of Regulations created a new number for the Standards for Licensed Child Day Centers, 22VAC40-186. The renumbering of the regulation becomes effective November 1, 2012, to allow time for systems updates.

This regulatory action has several purposes. The first purpose is to ensure that parents have sufficient information to make informed decisions about placing their children in licensed child day centers. The second is to facilitate the social, emotional, and intellectual development of children receiving care in licensed child day centers. The third is to ensure the safety of children receiving care in licensed child day centers. The fourth is to improve understanding and interpretation leading to enhanced compliance and enforcement by the adjusted structure, format, and simplified language.

The current regulation has been amended six times since its adoption in 1993 and its current terminology and format is burdensome and confusing for providers, parents, and Division of Licensing Programs (DOLP) staff to navigate. In fact, the current regulations are supplemented by a 63-page guidance document to assist providers, parents, and DOLP staff in interpreting and enforcing the current regulation.

Repeal of the existing regulation and adoption of a new regulation was determined as the most efficient and effective way to make the necessary changes to achieve clarity and consistency, and to protect children.

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 and 63.2-1734 of the Code of Virginia.

Public Comment Deadline: November 7, 2012.

Agency Contact: Debra O'Neill, Child Care Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7648, FAX (804) 726-7132, or email debra.oneill@dss.virginia.gov.

VA.R. Doc. No. R13-3376; Filed September 17, 2012, 8:03 a.m.