PETITIONS FOR RULEMAKING
Vol. 39 Iss. 4 - October 10, 2022

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF COUNSELING

Agency Decision

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: Ethan Kaste.

Nature of Petitioner's Request: The petitioner requests that the board amend 18VAC115-20-52 B 10 to allow residents in counseling to use the title Licensed Professional Counselor – Resident (LPC-R).

Agency Decision: Request denied.

Statement of Reason for Decision: The Board of Counseling considered the petition at its September 16, 2022, meeting and decided to take no action on the petition. The board believes the current regulatory requirements for resident identification provide necessary clarification for the public.

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

VA.R. Doc. No. PFR22-38; Filed September 17, 2022, 1:07 p.m.

Agency Decision

Title of Regulation: 18VAC115-80. Regulations Governing the Registration of Qualified Mental Health Professionals.

Statutory Authority: §§ 54.1-2400, 54.1-3500, and 54.1-3505 of the Code of Virginia.

Name of Petitioner: James Conner.

Nature of Petitioner's Request: The petitioner requests that individuals be permitted to become registered as qualified mental health providers based solely on experience rather than college or graduate education.

Agency Decision: Request denied.

Statement of Reason for Decision: The Board of Counseling considered the petition at its September 16, 2022, meeting and decided to take no action on the petition. The current educational requirements are sufficient for registration of qualified mental health professionals.

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

VA.R. Doc. No. PFR22-35; Filed September 17, 2022, 1:04 p.m.

Agency Decision

Title of Regulation: 18VAC115-80. Regulations Governing the Registration of Qualified Mental Health Professionals.

Statutory Authority: §§ 54.1-2400, 54.1-3500, and 54.1-3505 of the Code of Virginia.

Name of Petitioner: Jennifer Faison, Virginia Association of Community Service Boards.

Nature of Petitioner's Request: The petitioner requests that the Board of Counseling amend 18VAC115-80-40 C 1 and 18VAC115-80-50 C 1 to allow qualified mental health professionals (QMHPs) to provide supervision of QMHP-Trainees. QMHPs qualified to provide such supervision would have two or more years of experience and be specifically trained for supervision.

Agency Decision: Request denied.

Statement of Reason for Decision: The Board of Counseling considered the petition at its September 16, 2022, meeting and decided to take no action on the petition. The board will, in the coming months, convene a regulatory advisory panel to consider the issues raised in the petition and others related to the registration of qualified mental health professionals with the intent of issuing a notice of intended regulatory action for all changes needed.

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

VA.R. Doc. No. PFR22-40; Filed September 17, 2022, 1:43 p.m.

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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

DEPARTMENT OF MOTOR VEHICLES

Initial Agency Notice

Title of Regulation: 24VAC20 - none specified.

Statutory Authority: § 46.2-203 of the Code of Virginia.

Name of Petitioner: David Adam McKelvey, Crandall & Katt.

Nature of Petitioner's Request: The petitioner requests the Department of Motor Vehicles (DMV) to develop a regulation containing objective criteria regarding the award of DMV Select contracts to non-governmental entities that comply with the Virginia Public Procurement Act.

Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on October 10, 2022, and on the Virginia Regulatory Town Hall. Public comment will open on October 10, 2022, and will close on November 8, 2022. DMV will consider the petition and all comments in support or opposition after the close of the public comment period. The agency will issue a written decision within 90 days following the close of the comment period.

Public Comment Deadline: November 8, 2022.

Agency Contact: Melissa Velazquez, Legislative Services Manager, Department of Motor Vehicles, P.O. Box 27412, Richmond, VA 23269-0001, telephone (804) 367-1844, or email melissa.velazquez@dmv.virginia.gov.

VA.R. Doc. No. PFR23-02; Filed September 13, 2022, 2:56 p.m.

Initial Agency Notice

Title of Regulation: 24VAC20 - none specified.

Statutory Authority: § 46.2-203 of the Code of Virginia.

Name of Petitioner: David Adam McKelvey, Crandall & Katt.

Nature of Petitioner's Request: The petitioner requests the Department of Motor Vehicles (DMV) to develop a new regulation requiring DMV employees to fax requests for driver transcript information to other states when the other state will accept faxed requests for driver transcript information.

Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on October 10, 2022, and on the Virginia Regulatory Town Hall. Public comment will open on October 10, 2022, and will close on November 8, 2022. DMV will consider the petition and all comments in support or opposition after the close of the public comment period. The agency will issue a written decision within 90 days following the close of the comment period.

Public Comment Deadline: November 8, 2022.

Agency Contact: Melissa Velazquez, Legislative Services Manager, Department of Motor Vehicles, P.O. Box 27412, Richmond, VA 23269-0001, telephone (804) 367-1844, or email melissa.velazquez@dmv.virginia.gov.

VA.R. Doc. No. PFR23-03; Filed September 13, 2022, 2:57 p.m.