TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Agency Decision

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

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

Name of Petitioner: Greg Huber.

Nature of Petitioner's Request: To eliminate the allowance for a person to reactivate or reinstate a license by payment of the required fee within one renewal cycle. The regulation appears to allow a person to let his license lapse and then pay the reinstatement fee without meeting the requirements for continued competency for renewal of licensure.

Agency Decision: Request granted.

Statement of Reason for Decision: At its meeting on July 19, 2016, the board decided to issue a Notice of Intended Regulatory Action in response to the petition. The board recognized that there was some inconsistency between regulations for renewal of licensure and those for reactivation and reinstatement. The intent is to add the requirement for continuing competency for those who reinstate or reactivate within one renewal cycle.

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

VA.R. Doc. No. R16-22; Filed July 20, 2016, 9:53 a.m.

BOARD OF OPTOMETRY

Agency Decision

Title of Regulation: 18VAC105-20. Regulations Governing the Practice of Optometry.

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

Name of Petitioner: Joseph Spivey.

Nature of Petitioner's Request: Add a requirement for an optometrist to provide a patient's pupillary distance as measured by the optometrist to the patient upon request.

Agency Decision: Request denied.

Statement of Reason for Decision: The board decided to take no action on the petition for rulemaking because the measurement of pupillary distance is not required for an eye examination. Therefore, it would not be appropriate for regulations to require an optometrist to furnish the patient's pupillary distance upon request by a patient. The pupillary distance is part of the fitting for eye glasses and is typically performed by an optician. If an optometrist chooses to measure pupillary distance as part of an eye examination, such information would be part of the medical record, a copy of which can be requested by a patient.

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

VA.R. Doc. No. R16-20; Filed July 18, 2016, 12:37 p.m.

BOARD OF PHARMACY

Initial Agency Notice

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

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

Name of Petitioner: Roger St. Clair.

Nature of Petitioner's Request: To authorize use of electronic devices in lieu of manual emergency drug kits and stat-drug boxes to provide for initiating therapy prior to the receipt of ordered drugs from the pharmacy. Current regulation does not designate electronic devices being utilized as unit dose systems purely for first dose non-routine versus automated dispensing devices utilized for full or routine dispensing in long term care facilities.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition has been filed with the Registrar of Regulations and will be published on August 8, 2016. Comment on the petition may be sent by email, regular mail, or posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov. Comment will be requested until August 31, 2016. Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language in Regulations Governing the Practice of Pharmacy. This matter will be on the board's agenda for its meeting scheduled for September 7, 2016, and the petitioner will be informed of the board's decision after that meeting.

Public Comment Deadline: August 31, 2016.

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

VA.R. Doc. No. R16-32; Filed July 15, 2016, 1:20 p.m.