PETITIONS FOR RULEMAKING
Vol. 38 Iss. 3 - September 27, 2021

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Initial Agency Notice

Title of Regulation: 12VAC5-110. Regulations for the Immunization of School Children.

Statutory Authority: §§ 32.1-46 and 32.1-47 of the Code of Virginia.

Name of Petitioner: Kristen M. Calleja.

Nature of Petitioner's Request: I am writing to voice my request and sincere hope that the board will mandate vaccines for all school employees, with only medical exemptions allowed. Vaccines are already required for all state employees. In addition, vaccines should be required for all students for whom the vaccine has been fully approved, just as many other vaccines are mandated.

My 10th grade daughter and all other kids have sacrificed much over the past 18 months. They only have one childhood. They are finally back to in-person school, but we are already seeing constant disruptions to education for far too many due to infections, possible infections based on symptoms, and mandatory quarantines.

My daughter and all other students should have a right to be able to attend school without being unnecessarily put at risk by other students and teachers who refuse to be vaccinated, and without constant disruptions to their education. And it sure would be great for them to be able to go to school without masks and without worrying about lunch and other unmasked times, as well as overcrowded buses. The irrational minority should not be dictating the public health policy for Virginia or the schools.

Agency Plan for Disposition of Request: Upon publication of the Notice of Petition in the Virginia Register of Regulations, and upon completion of the 21-day public comment period, the Virginia Department of Health will make a determination within 90 days of the close of the public comment period as to whether or not to grant the petition.

Public Comment Deadline: October 17, 2021.

Agency Contact: Kristin Collins, Policy Analyst, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7298, or email kristin.collins@vdh.virginia.gov.

VA.R. Doc. No. PFR22-06; Filed September 1, 2021, 1:54 p.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Initial Agency Notice

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

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

Name of Petitioner: Cody Bishop.

Nature of Petitioner's Request: To amend regulations to authorize pharmacy technicians to administer all vaccinations under the supervision of a pharmacist.

Agency Plan for Disposition of Request: Pharmacy technicians are allowed to administer COVID-19 vaccinations because of legislation passed by the General Assembly authorizing administration by certain "non-traditional" vaccinators. It is likely the amendment requested will necessitate a permanent change in the Code in Virginia, specifically in § 54.1-3408, which allows prescribers to authorize pharmacists and nurses to administer adult vaccines under a protocol. There is no mention of authorization for pharmacy technicians.

Pursuant to legislation passed in the 2021 Session of the General Assembly, Special Session I, a workgroup is meeting on September 24, 2021, to discuss the possibility of expansion of duties for pharmacy technicians. The petition will be included in the agenda for the workgroup.

In accordance with Virginia law, the petition has been filed with the Virginia Registrar of Regulations and will be published on September 27, 2021. Comment on the petition may be sent by email, postal mail, or posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov; comment will be requested until October 27, 2021.

If the board does not have statutory authority to amend its regulations in accordance with the petition, the board will decide whether it would support a change in the Code of Virginia. This matter will be on the board's agenda for its next meeting following the close of comment, scheduled for December 7, 2021.

Public Comment Deadline: October 27, 2021.

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

VA.R. Doc. No. PFR22-05; Filed August 30, 2021, 9:59 a.m.