PETITIONS FOR RULEMAKING
Vol. 37 Iss. 7 - November 23, 2020

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF VETERINARY MEDICINE

Initial Agency Notice

Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine.

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

Name of Petitioner: Daniel Gideon.

Nature of Petitioner's Request: To amend 18VAC150-20-172  to allow an unlicensed veterinary assistant to place an intravenous catheter.

Agency Plan for Disposition of Request: The petition will be published on November 23, 2020, 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 23, 2020. 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 March 11, 2021. The petitioner will be informed of the board's decision after that meeting. 

Public Comment Deadline: December 23, 2020.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 597-4130, or email leslie.knachel@dhp.virginia.gov.

VA.R. Doc. No. R21-06; Filed October 26, 2020, 10:46 a.m.

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

Agency Decision

Title of Regulation: 24VAC35-60. Ignition Interlock Program Regulations.

Statutory Authority: § 18.2 -270.2 of the Code of Virginia.

Name of Petitioner: Cynthia Hites.

Nature of Petitioner's Request:

"I, Cynthia Hites, a citizen of the Commonwealth of Virginia, pursuant to § 2.2-4007of the Code of Virginia, do humbly submit this petition for the following amendment to Virginia Administrative Code 24VAC35-60-80.

Currently, interlock devices are implemented contrary to the "Visual-Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices."

This publication states, "Driver distraction is a specific type of inattention that occurs when drivers divert their attention away from the driving task to focus on another activity."

"Phase 1 Guidelines are based upon a number of fundamental principles.  These principles include that: the driver's eyes should usually be looking at the road ahead; the driver should be able to keep at least one hand on the steering wheel while performing a secondary task (both driving-related and non-driving related); the distraction induced by any secondary task performed while driving should not exceed that associated with a baseline reference task (manual radio tuning); any task performed by a driver should be interruptible at any time; the driver, not the system/device, should control the pace of task interactions; and  displays should be easy for the driver to see and content presented should be easily discernible."

These data show that many drivers continue to engage in visual-manual distraction activities with their portable devices while driving.

IID rolling retests are very concerning because research by NHTSA shows "visual-manual manipulation of devices while driving dramatically increases crash risk."

Installed in any vehicle, I believe ignition interlock is an inherent, significant cognitive distraction, but to install IID in a vehicle that is exclusively hand-foot-operated is extraordinarily dangerous to the driver, and to overall public safety.

The mandated use of the in-car Breath Alcohol Ignition Interlock Device is the epitome of visual-manual, and cognitive driver distraction, and I submit no IID shall be installed on any vehicle with a non-fully-automatic transmission.

In the interest of offender and public safety, please add the following language to the statute:

"N.  Under no circumstances shall an ignition interlock device be installed on a vehicle having manual transmission."

I totaled my 5-speed '07 Mustang while retrieving a dropped IID handset, and attempting to simultaneously shift into second gear in order to pull over.

Thank you for considering the public safety hazard posed by ignition interlock devices.

Cynthia Hites"

Agency Decision: Request denied.

Statement of Reason for Decision: The Commission on the Virginia Alcohol Safety Action Program reviewed this petition at its October 30, 2020, meeting and voted to deny it based on the commission's lack of authority to act.  Current statutes would have to be amended, requiring action by the General Assembly.

Agency Contact: Richard L. Foy, Field Services Specialist, Commission on the Virginia Alcohol Safety Action Program, 1111 East Main Street, Suite 801, Richmond, VA, 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R21-03; Filed November 3, 2020, 11:00 a.m.