NOTICES OF INTENDED REGULATORY ACTION
Vol. 30 Iss. 5 - November 04, 2013

TITLE 11. GAMING
Charitable Gaming Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Charitable Gaming Board intends to consider amending 11VAC15-40, Charitable Gaming Regulations. The purpose of the proposed action is to adopt regulations pertaining to a new bingo game called "network bingo" pursuant to Chapters 36 and 350 of the 2013 Acts of Assembly. This regulatory action is intended to promulgate the required network bingo regulations as well as amend provisions of the current regulations that staff has identified as needing clarification.

A regulatory advisory panel will be appointed. If interested in serving on the panel, contact the individual listed below.

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

Statutory Authority: §§ 18.2-340.15 and 18.2-340.19 of the Code of Virginia.

Public Comment Deadline: December 4, 2013.

Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3983, FAX (804) 371-7479, or email michael.menefee@vdacs.virginia.gov.

VA.R. Doc. No. R14-3873; Filed October 7, 2013, 9:45 a.m.
TITLE 12. HEALTH
Regulations for Disease Reporting and Control
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 12VAC5-90, Regulations for Disease Reporting and Control, and repealing 12VAC5-120, Regulations for Testing Children for Elevated Blood-Lead Levels. The purpose of the proposed action is to amend several disease-specific sections of the disease reporting regulations. Cancer reporting requirements will be updated to require the use of electronic means of reporting. The section on testing of gamete donors will be amended to align state requirements with those of the federal Food and Drug Administration. The board also proposes to incorporate the testing and risk determination criteria for identifying children with elevated blood-lead levels into 12VAC5-90 and to repeal 12VAC5-120, the existing regulation pertaining to blood-lead level testing of children. The Department of Health may request additional changes that reflect changing practices in the field of communicable disease control and emergency preparedness that are needed to protect the health of the residents of Virginia.

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

Statutory Authority: §§ 32.1-35 and 32.1-46.1 of the Code of Virginia.

Public Comment Deadline: December 6, 2013.

Agency Contact: Diane Woolard, PhD, Director, Disease Surveillance, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8124, or email diane.woolard@vdh.virginia.gov.

VA.R. Doc. No. R14-3897; Filed October 16, 2013, 10:56 a.m.
TITLE 12. HEALTH
Regulations for Testing Children for Elevated Blood-Lead Levels
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 12VAC5-90, Regulations for Disease Reporting and Control, and repealing 12VAC5-120, Regulations for Testing Children for Elevated Blood-Lead Levels. The purpose of the proposed action is to amend several disease-specific sections of the disease reporting regulations. Cancer reporting requirements will be updated to require the use of electronic means of reporting. The section on testing of gamete donors will be amended to align state requirements with those of the federal Food and Drug Administration. The board also proposes to incorporate the testing and risk determination criteria for identifying children with elevated blood-lead levels into 12VAC5-90 and to repeal 12VAC5-120, the existing regulation pertaining to blood-lead level testing of children. The Department of Health may request additional changes that reflect changing practices in the field of communicable disease control and emergency preparedness that are needed to protect the health of the residents of Virginia.

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

Statutory Authority: §§ 32.1-35 and 32.1-46.1 of the Code of Virginia.

Public Comment Deadline: December 6, 2013.

Agency Contact: Diane Woolard, PhD, Director, Disease Surveillance, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8124, or email diane.woolard@vdh.virginia.gov.

VA.R. Doc. No. R14-3897; Filed October 16, 2013, 10:56 a.m.
TITLE 12. HEALTH
Regulations for the Licensure of Nursing Facilities
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 12VAC5-371, Regulations for the Licensure of Nursing Facilities. The purpose of the proposed action is to bring the regulations into conformance with the provisions of § 32.1-127.001 of the Code of Virginia, enacted in 2005, which, notwithstanding any law or regulation to the contrary, requires the State Board of Health to promulgate regulations for the licensure of hospitals and nursing homes that include minimum standards for design and construction that are consistent with the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health (the Guidelines). However, 12VAC5-371 currently provides that the Virginia Uniform Statewide Building Code takes precedence over the Guidelines, which is contrary to the requirements of § 32.1-127.001. The department plans to amend 12VAC5-371-410 and 12VAC5-371-420, pertaining to building and construction codes for nursing facilities, to specify that (i) nursing facilities comply with Part 1 and sections 4.1 and 4.2 of the Guidelines and (ii) the Guidelines take precedence over the Virginia Uniform Statewide Building Code. The department further intends to specify that entities licensed as of the effective date of the amendments may continue to be licensed in their current buildings. However, all new construction, renovation, modification, structural revision, etc. of any space within a nursing facility will require full compliance with the amendments for the entire area of the modified space.

This regulatory action is taken in response to a Petition for Rulemaking.

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 and 32.1-127 of the Code of Virginia.

Public Comment Deadline: December 6, 2013.

Agency Contact: Carrie Eddy, Policy Analyst, Department of Health, 3600 West Broad Street, Richmond, VA 23230, telephone (804) 367-2157, FAX (804) 367-2149, or email carrie.eddy@vdh.virginia.gov.

VA.R. Doc. No. R13-24; Filed October 16, 2013, 10:57 a.m.
TITLE 12. HEALTH
Regulations for the Licensure of Hospitals in Virginia
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 12VAC5-410, Regulations for the Licensure of Hospitals in Virginia. The purpose of the proposed action is to bring the regulations into conformance with the provisions of § 32.1-127.001 of the Code of Virginia, enacted in 2005, which, notwithstanding any law or regulation to the contrary, requires the State Board of Health to promulgate regulations for the licensure of hospitals and nursing homes that include minimum standards for design and construction that are consistent with the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health (the Guidelines). However, 12VAC5-410 currently provides that the Virginia Uniform Statewide Building Code takes precedence over the Guidelines, which is contrary to the requirements of § 32.1-127.001. The department plans to amend 12VAC5-410-650 and 12VAC5-410-1350, pertaining to building and construction codes for inpatient and outpatient hospitals, to specify that (i) hospitals comply with Part 1 and sections 2.1 through 2.6 of the Guidelines (depending on the type of hospital) and (ii) the Guidelines take precedence over the Virginia Uniform Statewide Building Code. The board further intends to specify in the regulations that entities licensed as of the effective date of the amendments may continue to be licensed in their current buildings. However, all new construction, renovation, modification, structural revision, etc. of any space within a hospital will require full compliance with the amendments for the entire area of the modified space.

This regulatory action is taken in response to a Petition for Rulemaking.

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 and 32.1-127 of the Code of Virginia.

Public Comment Deadline: December 6, 2013.

Agency Contact: Carrie Eddy, Policy Analyst, Department of Health, 3600 West Broad Street, Suite 216, Richmond, VA 23230-4920, telephone (804) 367-2157, FAX (804) 367-2149, or email carrie.eddy@vdh.virginia.gov.

VA.R. Doc. No. R13-23; Filed October 16, 2013, 10:58 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL REGULATION
Regulations of the Board of Nursing
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 Nursing intends to consider amending 18VAC90-20, Regulations of the Board of Nursing. The purpose of the proposed action is to include in 18VAC90-20-390, which provides for content of a medication administration training program, a requirement to complete the curriculum approved by the Department of Behavioral Health and Developmental Services (DBHDS) for unlicensed persons to administer medication via a gastrostomy tube. Chapter 114 of the 2013 Acts of Assembly authorizes a person who has successfully completed a training program approved by the Board of Nursing to administer medications via percutaneous gastrostomy tube to a person receiving services from a program licensed by DBHDS.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Public Comment Deadline: December 4, 2013.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4515, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.

VA.R. Doc. No. R14-3733; Filed October 11, 2013, 9:12 a.m.