PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 38 Iss. 23 - July 04, 2022

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 9VAC25-280, Ground Water Standards. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Public comment period begins July 4, 2022, and ends July 25, 2022.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: Brian Campbell, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-6890.

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 9VAC25-740, Water Reclamation and Reuse Regulation. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Public comment period begins July 4, 2022, and ends July 25, 2022.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: Valerie Rourke, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-9126.

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TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 12VAC30-130, Amount, Duration and Scope of Selected Services. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Public comment period begins July 4, 2022, and ends July 25, 2022.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Policy, Regulation, and Member Engagement Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 225-3508.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF DENTISTRY

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 18VAC60-15, Regulations Governing the Disciplinary Process. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Public comment period begins July 4, 2022, and ends August 3, 2022.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: Jamie Sacksteder, Acting Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4581.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Dentistry conducted a periodic review and a small business impact review of 18VAC60-21, Regulations Governing the Practice of Dentistry, and determined that this regulation should be amended. The board is publishing its report of findings dated June 10, 2022, to support this decision.

The regulation is mandated by law and necessary to protect the public health, welfare, and safety. Amendments can be made to provide greater clarity, remove outdated provisions, and provide greater patient protection.

The Board of Dentistry reviewed 18VAC60-21. After further opportunity for comment and recommendations for amendments, the board will publish a Notice of Intended Regulatory Action.

This regulation is necessary for public protection since statutory mandates require licensure or oversight of dentists pursuant to § 54.1-2709 A of the Code of Virginia. No public comments were received following the notice of periodic review related to this regulation. This regulation is complex by necessity in that it regulates health care professions related to the provision of dental services to the public. Dental services can include invasive procedures, surgery, sedation of patients, and other highly impactful health care. This regulation does not overlap, duplicate, or conflict with federal or state laws or regulations. This regulation, like all regulations for boards under the Department of Health Professions, is updated multiple times per year in response to legislation, petitions for rulemaking, and updates to practice or to respond to public need. Since January 1, 2018, this regulation has been amended 13 times.

Contact Information: Erin Barrett, Senior Policy Analyst, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Dentistry conducted a periodic review and a small business impact review of 18VAC60-25, Regulations Governing the Practice of Dental Hygiene, and determined that this regulation should be amended. The board is publishing its report of findings dated June 10, 2022, to support this decision.

The regulation is mandated by law and necessary to protect the public health, welfare, and safety. Amendments can be made to provide greater clarity, remove outdated provisions, and provide greater patient protection.

The Board of Dentistry reviewed 18VAC60-25. After further opportunity for comment and recommendations for amendments, the board will publish a Notice of Intended Regulatory Action.

This regulation is necessary for public protection since statutory mandates require licensure or oversight of dental hygienists pursuant to § 54.1-2722 A of the Code of Virginia. Public comments to 18VAC60-25 following the notice of the periodic review related to line item changes, new definitions, fees, delegation of duties to a dental hygienist, and remote supervision. This regulation is complex by necessity in that it regulates health care professions related to the provision of dental services to the public. Dental services can include invasive procedures, surgery, sedation of patients, and other highly impactful health care. This regulation does not overlap, duplicate, or conflict with federal or state laws or regulations. This regulation, like all regulations for boards under the Department of Health Professions, is updated multiple times per year in response to legislation, petitions for rulemaking, and updates to practice or to respond to public need. Since January 1, 2018, this regulation has been amended six times.

Contact Information: Erin Barrett, Senior Policy Analyst, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Dentistry conducted a periodic review and a small business impact review of 18VAC60-30, Regulations Governing the Practice of Dental Assistants, and determined that this regulation should be amended. The board is publishing its report of findings dated June 10, 2022, to support this decision.

The regulation is mandated by law and necessary to protect the public health, welfare, and safety. Amendments can be made to provide greater clarity, remove outdated provisions, and provide greater patient protection.

The Board of Dentistry reviewed 18VAC60-30. After further opportunity for comment and recommendations for amendments, the board will publish a Notice of Intended Regulatory Action.

This regulation is necessary for public protection since statutory mandates require licensure or oversight of dental assistants pursuant to § 54.1-2729.01 of the Code of Virginia. No public comments following the notice of periodic review were received related to this regulation. This regulation is complex by necessity in that it regulates health care professions related to the provision of dental services to the public. Dental services can include invasive procedures, surgery, sedation of patients, and other highly impactful health care. This regulation does not overlap, duplicate, or conflict with federal or state laws or regulations. This regulation, like all regulations for boards under the Department of Health Professions, is updated multiple times per year in response to legislation, petitions for rulemaking, and updates to practice or to respond to public need. Since January 1, 2018, this regulation has been amended six times.

Contact Information: Erin Barrett, Senior Policy Analyst, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688.

BOARD OF SOCIAL WORK

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Social Work conducted a periodic review and a small business impact review of 18VAC140-20, Regulations Governing the Practice of Social Work, and determined that this regulation should be amended. The board is publishing its report of findings dated June 3, 2022, to support this decision.

This chapter was in effect as VR620-01-2 before the creation of the Virginia Administrative Code. It has been amended 15 times in the last five years. By adoption of statutory mandates, the General Assembly concluded that licensure of social workers is essential for the protection of public health and safety.

The Code of Virginia mandates licensure for social workers. Therefore, the regulatory chapter must be retained. The board intends to publish a Notice of Intended Regulatory Action for amendments intended to clarify and simplify some requirements and to specify certain unprofessional conduct seen in disciplinary hearings.

A continued need for this regulation exists since the Code of Virginia requires social workers to hold licenses issued by the board.

The board has not received any complaints or comments concerning this regulation. Practitioners do not find this regulation overly complex, but the board will consider whether requirements for licensure, renewal, and training could be simplified. There is no overlap, duplication, or conflict with federal or state law or regulation. This regulation has been amended 15 times in the last five years. In its review and rulemaking as a result of this periodic review, the board will consider any possible amendments that will streamline or clarify the regulation in order to minimize the economic impact on small businesses.

Contact Information: Jaime Hoyle, Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4441.