NOTICES OF INTENDED REGULATORY ACTION
Vol. 33 Iss. 15 - March 20, 2017

TITLE 2. AGRICULTURE
Regulations Governing the Pesticide Fees Charged By the Department of Agriculture and Consumer 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 Agriculture and Consumer Services intends to consider amending 2VAC5-675, Regulations Governing the Pesticide Fees Charged By the Department of Agriculture and Consumer Services. The purpose of the proposed action is to conduct a comprehensive review of the current fee structure and adjust the fee structure, if appropriate, to reflect actual costs of program implementation.

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

Statutory Authority: § 3.2-3906 of the Code Virginia.

Public Comment Deadline: April 19, 2017.

Agency Contact: Liza Fleeson Trossbach, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-6559, FAX (804) 371-2283, TTY (800) 828-1120, or email liza.fleeson@vdacs.virginia.gov.

VA.R. Doc. No. R17-5041; Filed February 22, 2017, 11:50 a.m.
TITLE 12. HEALTH
Amount, Duration, and Scope of Medical and Remedial Care Services
Notice of Intended Regulatory Action

EDITOR'S NOTE: This notice was previously published in 33:9 VA.R. 869 December 26, 2016; however, the last sentence of the first paragraph was inadvertently omitted. The Department of Medical Assistance Services has requested that the notice be republished with an additional 30-day public comment period.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Medical Assistance Services intends to consider amending 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services, and 12VAC30-120, Waivered Services. The purpose of the proposed action is to ensure that Medicaid authorization and reimbursement for consumer-directed personal care, respite, and companion services is limited to 40 hours per week for an attendant serving a single consumer, in accordance with Item 306 PPPP of Chapter 780 of the 2016 Acts of Assembly, the 2016 Appropriation Act. This action will also clarify that the limit will not be applied to live-in attendants consistent with the U.S. Department of Labor's requirements under the Fair Labor Standards Act, as set out in Fact Sheet 79B. This action applies to EPSDT-covered attendant services as well as waiver-covered attendant services.

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: April 19, 2017.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R17-4749; Filed March 7, 2017, 2:26 p.m.
TITLE 12. HEALTH
Waivered Services
Notice of Intended Regulatory Action

EDITOR'S NOTE: This notice was previously published in 33:9 VA.R. 869 December 26, 2016; however, the last sentence of the first paragraph was inadvertently omitted. The Department of Medical Assistance Services has requested that the notice be republished with an additional 30-day public comment period.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Medical Assistance Services intends to consider amending 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services, and 12VAC30-120, Waivered Services. The purpose of the proposed action is to ensure that Medicaid authorization and reimbursement for consumer-directed personal care, respite, and companion services is limited to 40 hours per week for an attendant serving a single consumer, in accordance with Item 306 PPPP of Chapter 780 of the 2016 Acts of Assembly, the 2016 Appropriation Act. This action will also clarify that the limit will not be applied to live-in attendants consistent with the U.S. Department of Labor's requirements under the Fair Labor Standards Act, as set out in Fact Sheet 79B. This action applies to EPSDT-covered attendant services as well as waiver-covered attendant services.

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: April 19, 2017.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R17-4749; Filed March 7, 2017, 2:26 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects intends to consider amending 18VAC10-20, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations. The purpose of the proposed action is to conduct a regulatory review to ensure the board's regulations are clearly written and easily understandable, reflective of changes in technology and training, and representative of current professional and industry standards. The regulations will also be reviewed for consistency, and language may be modified for ease of understanding by the general public and regulants. The board may make other changes it identifies as necessary during the regulatory review process. Although the last general review of the regulations became effective on January 1, 2016, that regulatory action was first initiated in 2010. In the time elapsed between initiation of the action and its effective date, professional and industry standards appear to have changed enough to warrant another review. Ensuring that the regulations remain consistent with current professional practice standards is essential for establishing regulants' minimum qualifications to perform their duties while protecting the health, safety, and welfare of the citizens of the Commonwealth.

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

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.

Public Comment Deadline: April 19, 2017.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email apelscidla@dpor.virginia.gov.

VA.R. Doc. No. R17-5025; Filed February 17, 2017, 3:01 p.m.