NOTICES OF INTENDED REGULATORY ACTION
Vol. 37 Iss. 12 - February 01, 2021

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Governing the Certification Process
Notices of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Juvenile Justice intends to consider amending 6VAC35-20, Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities, and 6VAC35-30, Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs. The purpose of the proposed action is to update and clarify the regulations to ensure that the agency retains some authority to review plans for applicable local facility projects without subjecting localities to a lengthy process required by the current regulation. The proposed amendments may include (i) repealing provisions that make the regulations applicable to a locality engaged in construction and related local juvenile facility projects, regardless of whether the locality intends to seek state reimbursement for those costs, (ii) establishing in a new chapter a new, separate process for a locality engaging in relevant projects but not seeking reimbursement; (iii) allowing flexibility regarding the deadline for the board's review of certain documents; (iv) allowing for state reimbursement for emergency maintenance projects in accordance with the Appropriation Act; (v) modifying provisions regarding a board-established funding formula to determine constructions costs; (vi) clarifying terminology and provisions that are vague or difficult to understand; (vii) removing certain documents incorporated by reference; and (viii) addressing additional areas of concern that arise during the regulatory process.

The agency does not intend to hold a public hearing at the proposed stage.

Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: Kristen Peterson, Regulatory Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23219, telephone (804) 588-3902, or email kristen.peterson@djj.virginia.gov.

VA.R. Doc. No. R21-5821; Filed January 07, 2021
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs
Notices of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Juvenile Justice intends to consider amending 6VAC35-20, Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities, and 6VAC35-30, Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs. The purpose of the proposed action is to update and clarify the regulations to ensure that the agency retains some authority to review plans for applicable local facility projects without subjecting localities to a lengthy process required by the current regulation. The proposed amendments may include (i) repealing provisions that make the regulations applicable to a locality engaged in construction and related local juvenile facility projects, regardless of whether the locality intends to seek state reimbursement for those costs, (ii) establishing in a new chapter a new, separate process for a locality engaging in relevant projects but not seeking reimbursement; (iii) allowing flexibility regarding the deadline for the board's review of certain documents; (iv) allowing for state reimbursement for emergency maintenance projects in accordance with the Appropriation Act; (v) modifying provisions regarding a board-established funding formula to determine constructions costs; (vi) clarifying terminology and provisions that are vague or difficult to understand; (vii) removing certain documents incorporated by reference; and (viii) addressing additional areas of concern that arise during the regulatory process.

The agency does not intend to hold a public hearing at the proposed stage.

Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: Kristen Peterson, Regulatory Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23219, telephone (804) 588-3902, or email kristen.peterson@djj.virginia.gov.

VA.R. Doc. No. R21-5821; Filed January 07, 2021
TITLE 12. HEALTH
Regulations for Children's Residential Facilities
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Behavioral Health and Developmental Services intends to consider amending 12VAC35-46, Regulations for Children's Residential Facilities. The purpose of the proposed action is to align licensing regulations with the American Society of Addiction Medicine Levels of Care Criteria or an equivalent set of criteria to ensure individualized, clinically driven, participant-directed, and outcome-informed treatment pursuant to Item 318 of Chapter 1289 of the 2020 Acts of Assembly (Appropriation Act of 2020). The proposed action incorporates best practices in the department's licensing regulations to promote recovery from the disease of addiction.

The agency does not intend to hold a public hearing at the proposed stage.

Statutory Authority: §§ 37.2-408 and 37.2-203 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: John Cimino, Licensing Legal and Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street P.O. Box 1797, Richmond, VA 23218, telephone (804) 298-3279, FAX (804) 692-0066, TDD (804) 371-8977, or email john.cimino@dbhds.virginia.gov.

VA.R. Doc. No. R21-6440; Filed January 08, 2021
TITLE 12. HEALTH
Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services
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 Behavioral Health and Developmental Services intends to consider amending 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The purpose of the proposed action is to align the licensing regulations with the American Society of Addiction Medicine Levels of Care Criteria (ASAM) or an equivalent set of criteria to ensure individualized, clinically driven, participant-directed, and outcome-informed treatment pursuant to Item 318 of Chapter 1289 of the 2020 Acts of Assembly (Appropriation Act of 2020). The proposed action incorporates best practices to promote recovery from the disease of addiction.

The agency does not intend to hold a public hearing at the proposed stage.

Statutory Authority: §§ 37.2-302 and 37.2-400 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609, TDD (804) 371-8977, or email ruthanne.walker@dbhds.virginia.gov.

VA.R. Doc. No. R21-6439; Filed January 08, 2021
TITLE 12. HEALTH
Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Behavioral Health and Developmental Services intends to consider amending 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The purpose of the proposed action is to comply with Item 318 of Chapter 1289 of the 2020 Acts of Assembly (2020 Appropriation Act) to align the department's licensing regulations with anticipated changes to Medicaid behavioral health regulations in Item 313 of Chapter 1289. The proposed amendments remove provisions that would conflict with newly funded behavioral health services and establish new licensed services for those newly funded behavioral health services that cannot be nested under an existing department license. For most of the department's existing licensed services, including functional family therapy, multisystemic family therapy, intensive outpatient services, partial hospitalization programs, mobile crisis intervention services, 23-hour temporary observation services, crisis stabilization services, and residential crisis stabilization unit services, minimal changes are anticipated in the proposed action. The existing license requirements for Program for Assertive Community Treatment (PACT) services, however, are inconsistent with the Assertive Community Treatment (ACT) services that will be funded as part of Behavioral Health Enhancement and substantive changes are proposed for the specific licensing regulations for this service to align licensing requirements with ACT service expectations.

The agency does not intend to hold a public hearing at the proposed stage.

Statutory Authority: § 37.2-203 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609, TDD (804) 371-8977, or email ruthanne.walker@dbhds.virginia.gov.

VA.R. Doc. No. R21-6076; Filed January 08, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Funeral Directors and Embalmers
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 Funeral Directors and Embalmers intends to consider amending 18VAC65-20, Regulations of the Board of Funeral Directors and Embalmers; 18VAC65-30, Regulations for Preneed Funeral Planning; and 18VAC65-40, Regulations for the Funeral Service Internship Program.The purpose of the proposed action is to implement Chapter 943 of the 2020 Acts of Assembly and establish the education, examination, and experience required to be issued a license as a funeral director or a license as an embalmer. Applicants will be required to obtain an associate degree in an accredited mortuary science program or complete a program approved by the board. Coursework in embalming will not be required for the funeral director license, and coursework in funeral directing and preneed financing will not be required for the embalmer license. All funeral interns will be required to complete 2,000 hours of supervised experience in the area of funeral practice for which the interns are seeking licensure. Amendments are also necessary for the three types of licenses and scopes of practice, as applicable, throughout 18VAC65-20, 18VAC65-30, and 18VAC65-40.

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

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

Public Comment Deadline: March 3, 2021.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4479, FAX (804) 527-4471, or email fanbd@dhp.virginia.gov.

VA.R. Doc. No. R21-6539; Filed January 04, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations for Preneed Funeral Planning
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 Funeral Directors and Embalmers intends to consider amending 18VAC65-20, Regulations of the Board of Funeral Directors and Embalmers; 18VAC65-30, Regulations for Preneed Funeral Planning; and 18VAC65-40, Regulations for the Funeral Service Internship Program.The purpose of the proposed action is to implement Chapter 943 of the 2020 Acts of Assembly and establish the education, examination, and experience required to be issued a license as a funeral director or a license as an embalmer. Applicants will be required to obtain an associate degree in an accredited mortuary science program or complete a program approved by the board. Coursework in embalming will not be required for the funeral director license, and coursework in funeral directing and preneed financing will not be required for the embalmer license. All funeral interns will be required to complete 2,000 hours of supervised experience in the area of funeral practice for which the interns are seeking licensure. Amendments are also necessary for the three types of licenses and scopes of practice, as applicable, throughout 18VAC65-20, 18VAC65-30, and 18VAC65-40.

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

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

Public Comment Deadline: March 3, 2021.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4479, FAX (804) 527-4471, or email fanbd@dhp.virginia.gov.

VA.R. Doc. No. R21-6539; Filed January 04, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations for the Funeral Service Internship Program
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 Funeral Directors and Embalmers intends to consider amending 18VAC65-20, Regulations of the Board of Funeral Directors and Embalmers; 18VAC65-30, Regulations for Preneed Funeral Planning; and 18VAC65-40, Regulations for the Funeral Service Internship Program.The purpose of the proposed action is to implement Chapter 943 of the 2020 Acts of Assembly and establish the education, examination, and experience required to be issued a license as a funeral director or a license as an embalmer. Applicants will be required to obtain an associate degree in an accredited mortuary science program or complete a program approved by the board. Coursework in embalming will not be required for the funeral director license, and coursework in funeral directing and preneed financing will not be required for the embalmer license. All funeral interns will be required to complete 2,000 hours of supervised experience in the area of funeral practice for which the interns are seeking licensure. Amendments are also necessary for the three types of licenses and scopes of practice, as applicable, throughout 18VAC65-20, 18VAC65-30, and 18VAC65-40.

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

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

Public Comment Deadline: March 3, 2021.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4479, FAX (804) 527-4471, or email fanbd@dhp.virginia.gov.

VA.R. Doc. No. R21-6539; Filed January 04, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Pharmacy
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 Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the Practice of Pharmacy. The purpose of the proposed action is to (i) establish the requirements for registration as a pharmacy technician trainee for a person enrolled in a training program and engaging in tasks that may be delegated to a technician, (ii) specify the certification examinations that are acceptable for registration as a pharmacy technician, (iii) set out the requirement for accreditation of training programs that will become effective on July 1, 2022, and (iv) modify other provisions as applicable to changes in the Code of Virginia pursuant to Chapters 102 and 237 of the 2020 Acts of Assembly.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R20-6513; Filed January 02, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Pharmacy
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 Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the Practice of Pharmacy, and 18VAC110-21, Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians. The purpose of the proposed action is to establish (i) the list of drugs and devices that may be initiated by a pharmacist for a patient over 18 years of age and (ii) requirements for notification of a primary care provider, maintenance of patient records, and protection of patient privacy. The proposed action implements Chapter 731 of the 2020 Acts of Assembly.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R21-6488; Filed January 01, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians
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 Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the Practice of Pharmacy. The purpose of the proposed action is to (i) establish the requirements for registration as a pharmacy technician trainee for a person enrolled in a training program and engaging in tasks that may be delegated to a technician, (ii) specify the certification examinations that are acceptable for registration as a pharmacy technician, (iii) set out the requirement for accreditation of training programs that will become effective on July 1, 2022, and (iv) modify other provisions as applicable to changes in the Code of Virginia pursuant to Chapters 102 and 237 of the 2020 Acts of Assembly.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R20-6513; Filed January 02, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians
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 Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the Practice of Pharmacy, and 18VAC110-21, Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians. The purpose of the proposed action is to establish (i) the list of drugs and devices that may be initiated by a pharmacist for a patient over 18 years of age and (ii) requirements for notification of a primary care provider, maintenance of patient records, and protection of patient privacy. The proposed action implements Chapter 731 of the 2020 Acts of Assembly.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R21-6488; Filed January 01, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations for Practitioners of the Healing Arts to Sell Controlled Substances
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 Pharmacy intends to consider amending 18VAC110-30, Regulations for Practitioners of the Healing Arts to Sell Controlled Substances. The purpose of the proposed action is to (i) define the term "practitioner" to include nurse practitioners or physician assistants for the purpose of issuance of a limited-use license and (ii) include the allowance for issuance of a limited-use permit for nonprofit facilities for the sale of Schedule VI drugs and devices used in administration of such drugs. The proposed action is pursuant to Chapters 609 and 610 of the 2020 Acts of Assembly.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 527-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R21-6380; Filed January 04, 2021
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Psychology
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 Psychology intends to consider amending 18VAC125-20, Regulations Governing the Practice of Psychology. The purpose of the proposed action is to implement Chapter 1162 of the 2020 Acts of Assembly, which mandates membership of the Commonwealth of Virginia in the Psychology Interjurisdictional Compact. The proposed amendments (i) add definitions consistent with the compact and (ii) revise the standards of practice and the grounds for disciplinary action to ensure that persons practicing with an E.Passport or temporary authorization to practice in Virginia through the compact are covered by the regulations.

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

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

Public Comment Deadline: March 3, 2021.

Agency Contact: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, FAX (804) 327-4435, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. R21-6421; Filed January 01, 2021
TITLE 22. SOCIAL SERVICES
Foster and Adoptive Home Approval Standards for Local Departments of Social Services
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 Social Services intends to consider amending 22VAC40-211, Foster and Adoptive Home Approval Standards for Local Departments of Social Services. The purpose of the proposed action is to comply with Chapter 336 of the 2019 Acts of Assembly. The proposed amendments add require a local board of social services and a licensed child-placing agency (LCPA) to provide foster parents with (i) all reasonably ascertainable background, medical, and psychological records of the child prior to placement; (ii) all information relevant to the child's foster care services; and (iii) copies of all documents related to the foster parent, the foster parent's family, and services provided to the foster home on an ongoing basis. The action also requires local boards and LCPAs to notify foster parents of court hearings; scheduled meetings; and decisions made by the court, local board, or LCPA concerning the child's foster care service, changes to the child's case plan, or termination of child's placement in a timely manner. The regulation requires a timely response to requests for information regarding the child's progress after leaving foster care if it is in the child's best interest. The regulation sets forth a dispute resolution process through which a foster parent may contest an alleged violation by the local board or LCPA, including an appeal process for the foster parent.

The agency does not intend to hold a public hearing at the proposed stage.

Statutory Authority: §§ 63.2-217 and 63.2-319 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: C. Garrett Jones, Resource Family Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7527, or email garrett.jones@dss.virginia.gov.

VA.R. Doc. No. R21-6042; Filed January 04, 2021