TITLE 3. ALCOHOLIC BEVERAGES

VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY

Agency Decision

Title of Regulation: 3VAC5-50. Retail Operations.

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Name of Petitioner: Tom Stein, Deputy General Counsel for the Council on Licensure, Enforcement and Regulation (CLEAR).

Nature of Petitioner's Request: "CLEAR asks the Authority to consider amending 3VAC5-50-20 (proposed amendment below) of the Regulations of the Authority to recognize that licensed retailers of alcoholic beverages may utilize biometric identification, and specifically the patented processes of CLEAR, to make a determination of the legal age of a purchaser of alcoholic beverages. In addition to being far more reliable than human checking of identification, use of biometric verification processes is consistent with both the plain language and the spirit of the Virginia Alcoholic Beverage Control Act (the "Act") in ensuring that individuals under the legal age do not purchase alcohol.

3VAC5-50-20. Determination of Legal Age of Purchaser.

A. In determining whether a licensee, or his employee or agent, has reason to believe that a purchaser is not of legal age, the board will consider, but is not limited to, the following factors: (1) Whether an ordinary and prudent person would have reason to doubt that the purchaser is of legal age based on the general appearance, facial characteristics, behavior and manner of the purchaser; and (2) Whether the seller demanded, was shown and acted in good faith in reliance upon bona fide evidence of legal age, as defined herein, and that evidence contained a photograph and physical description consistent with the appearance of the purchaser; and (3) Whether the seller verified the age of the purchaser through the use of a biometric identity verification device approved by the Authority where the biometric is referenced against a record described in paragraph B.

B. Such bona fide evidence of legal age shall include a valid motor vehicle driver's license issued by any state of the United States or the District of Columbia, armed forces identification card, United States passport or foreign government visa, valid special identification card issued by the Virginia Department of Motor Vehicles, or any valid identification issued by any other federal or state government agency, excluding student university and college identification cards, provided such identification shall contain a photograph and signature of the subject, with the subject's height and date of birth.

C. It shall be incumbent upon the licensee, or his employee or agent, to scrutinize carefully the identification, if presented, and determine it to be authentic and in proper order. Identification which has been altered so as to be apparent to observation or has expired shall be deemed not in proper order."

Agency Decision: Granted.

Statement of Reason for Decision: The Virginia Alcoholic Beverage Control Authority held a public comment period concerning the petition requesting an amendment to 3VAC5-50-20 to recognize that licensed retailers of alcoholic beverages may utilize biometric identification, and specifically the patented processes of CLEAR, to make a determination of the legal age of a purchaser of alcoholic beverages. The board met on October 15, 2019, to review the petition and the comments that were received. The board decided to grant the request. The board agreed with the statements made by the petitioner that the software is more reliable than human checking of identification and consistent with the plain language and the spirit of the Virginia Alcoholic Beverage Control Act in ensuring that individuals younger than the legal age do not purchase alcohol. The amendment to the regulation was supported by two organizations dedicated to public safety and preventing underage consumption of alcohol.

Agency Contact: Latonya D. Hucks-Watkins, Legal Liaison, Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, or email latonya.hucks-watkins@abc.virginia.gov.

VA.R. Doc. No. R20-03 Filed November 1, 2019, 2:36 p.m.

w  ––––––––––––––––––  w

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF DENTISTRY

Initial Agency Notice

Title of Regulation: 18VAC60-30. Regulations Governing the Practice of Dental Assistants.

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

Name of Petitioner: Misty Meismer for Virginia Dental Hygiene Program Directors' Consortium.

Nature of Petitioner's Request: The petitioner is requesting an amendment to require dental assistants to be certified in infection control procedures and radiation health and safety recognized by the Dental Assisting National Board or the National Entry Level Dental Assistant.

Agency Plan for Disposition of Request: The petition will be published on November 25, 2019, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment ending December 25, 2019. The request to amend regulations and any comments for or against the petition will be considered by the board at the first scheduled meeting after close of comment, which will be March 13, 2020.

Public Comment Deadline: December 25, 2019.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4437, or email sandra.reen@dhp.virginia.gov.

VA.R. Doc. No. R20-15 Filed November 5, 2019, 3:38 p.m.

BOARD OF NURSING

Initial Agency Notice

Title of Regulation: 18VAC90-19. Regulations Governing the Practice of Nursing.

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

Name of Petitioner: Zenaida Laxa.

Nature of Petitioner's Request: To amend 18VAC90-19-130 to change the requirement for an applicant from another country to use the designation of "foreign nurse graduate" on a nametag to the designation of "RN Applicant."

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition will be published on November 25, 2019, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment ending December 25, 2019. Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language. This matter will be on the board's agenda for its first meeting after the comment period, which is scheduled for January 28, 2020.

Public Comment Deadline: December 25, 2019.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4520, or email jay.douglas@dhp.virginia.gov.

VA.R. Doc. No. R20-16 Filed October 25, 2019, 8:25 a.m.

BOARD OF COUNSELING

Initial Agency Notice

Title of Regulation: 18VAC115-20. Regulations Governing the Practice of Professional Counseling.

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

Name of Petitioner: Robin Usher.

Nature of Petitioner's Request: To accept 1500 direct or indirect service hours, 50 hours of supervision, and one year from a master's level internship so long as the internship hours were acquired after 30 course hours from a Council for Accreditation of Counseling and Related Educational Programs accredited counseling program and in not more than three years of study.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition will be filed with the Registrar of Regulations and published on November 25, 2019, with comment requested until December 25, 2019. It will also be placed on the Virginia Regulatory Town Hall and available for comments to be posted electronically. At its first meeting following the close of comment, which is scheduled for February 7, 2010, the board will consider the request to amend regulations and all comment received in support or opposition. The petitioner will be informed of the board's response and any action it approves.

Public Comment Deadline: December 25, 2019.

Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. R20-17 Filed October 29, 2019, 9:49 a.m.