PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 39 Iss. 6 - November 07, 2022

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Agency Notice

Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review: 4VAC20-10, Pertaining to Fishing in Broad and Linkhorn Bays; 4VAC20-60, Pertaining to the Display of Licenses to Catch Finfish or Crabs; 4VAC20-670, Pertaining to Recreational Gear Licenses; 4VAC20-730, Pertaining to Nonresident Harvesters License Fee; 4VAC20-754, Pertaining to Importation of Fish, Shellfish or Crustacea into Virginia's Waters; 4VAC20-920, Pertaining to Landing Licenses; 4VAC20-1045, Pertaining to Establishment of Restricted Areas; 4VAC20-1050, Pertaining to Establishment of Restricted Area -- Huntington Ingalls Industries/Newport News Shipbuilding Company; 4VAC20-1060, Pertaining to Enlargement of Established Restricted Area -- Dominion Power/Nuclear Power Station; 4VAC20-1065, Pertaining to Establishment of Restricted Areas; 4VAC20-1170, Requirements Related to the Purchase of Fish from the Catcher; 4VAC20-1240, Fisherman Identification Program; 4VAC20-1280, Pertaining to Fishing License and Privilege Revocation; and 4VAC20-1320, Pertaining to Establishment of Restricted Area - Maritime Administration James River Reserve Fleet.

The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each 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 November 7, 2022, and ends November 28, 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: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.

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TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Agency Notice

Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 9VAC25-600, Designated Groundwater Management Areas. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 November 7, 2022, and ends November 28, 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: Scott Kudlas, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4456.

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TITLE 12. HEALTH

STATE BOARD OF HEALTH

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-20, Regulations for the Conduct of Human Research, and determined that this regulation should be amended. The department is publishing its report of findings dated August 4, 2022, to support this decision.

The regulation is necessary for the protection of public health, safety, and welfare of subjects in human subject research. The regulation is clearly written and understandable. The Virginia Department of Health (VDH) is recommending the regulation be amended to reflect current practices based on the amended federal regulations for the Protection of Human Subjects (45 CFR 46). There is continued need for the regulation for the protection of subjects involved in human subject research in the Commonwealth of Virginia.

The regulation establishes the requirements for human subject research conducted or authorized by VDH or any facilities or other entities operated, funded, or licensed by the department. No public comments were received during the public comment period. The regulation is clearly written and easily understandable. The regulation does not conflict with any known federal or state law or regulation. Regulations are evaluated on an ongoing basis and this regulation was last amended in January 2016 as a result of periodic review. VDH does not anticipate that amending the regulation will have an adverse economic impact on small businesses in the Commonwealth of Virginia.

Contact Information: Janice Hicks, PhD, Coordinator, Institutional Review Board, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7675.

Agency Notice

Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 12VAC5-110, Regulations for the Immunization of School Children. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 November 7, 2022, and ends November 28, 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: Christy Gray, Director, Division of Immunization, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190.

Agency Notice

Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 12VAC5-405, Rules Governing Private Review Agents. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 November 7, 2022, and ends November 28, 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: Erik Bodin, Division Director, Certificate of Public Need, Managed Care Health Insurance Plan and Cooperative Agreement, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-508, Regulations Governing the Virginia Physician Loan Repayment Program, and determined that this regulation should be amended. The department is publishing its report of findings dated August 23, 2022, to support this decision.

Pursuant to § 2.2-4017 of the Code of Virginia, the Regulations Governing the Virginia Physician Loan Repayment Program (12VAC5-508) is necessary for public health and welfare because it creates incentives for health care professionals to provide services in regions or to populations that may be particularly affected by the ongoing health care workforce challenges. As recommended, it is also necessary to ensure that it is more comprehensible, clear, and consistent.

The Virginia Department of Health (VDH) has decided to amend 12VAC5-508 to ensure that the language is readable, clear, consistent, and in the public's interest.

The regulation is required and there is a continued need for it. VDH received one favorable comment during the public comment period. The regulation is not complex and does not overlap, duplicate, or conflict with any state or federal laws or regulations. Technical amendments were made and effective in 2016. There has been no change in technology or other conditions since that regulatory action that would necessitate a substantive change to the physician loan repayment program or regulation. The program administered by the regulation promotes physician recruitment and retention, which is intended to address the primary care physician shortages throughout the Commonwealth. As such, facilities that provide primary care services and that qualify as a small business may benefit from the implementation of the regulation. The regulation has no adverse economic impact on small businesses.

Contact Information: Olivette Burroughs, Statewide Health Workforce Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7431.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-510, Regulations for General Assembly Nursing Scholarships, and determined that this regulation should be amended. The department is publishing its report of findings dated August 23, 2022, to support this decision.

Pursuant to § 2.2-4017 of the Code of Virginia, the Regulations for General Assembly Nursing Scholarships (12VAC5-510) are necessary for public health and welfare because it creates incentives for health care professionals to provide services in regions or to populations that may be particularly affected by the ongoing health care workforce challenges. As recommended, it is also necessary to ensure that it is more comprehensible, clear, and consistent. The Virginia Department of Health (VDH) has decided to amend 12VAC5-510 to ensure that the language is readable, clear, consistent, and in the public's interest.

The regulation is required and there is a continued need for it. VDH did not receive any comments or complaints during the public comment period. The regulation is not complex and does not overlap, duplicate, or conflict with any state or federal laws or regulations. Technical amendments were made and effective in 2016. There has been no change in technology or other conditions since that regulatory action that would necessitate a substantive change to scholarship program or regulation. The program administered by the regulation promotes nursing recruitment and retention, which is intended to address the nursing shortages throughout the Commonwealth. As such, facilities that provide nursing services and that qualify as a small business may benefit from the implementation of the regulation. The regulation has no adverse economic impact on small businesses.

Contact Information: Olivette Burroughs, Statewide Health Workforce Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7431.

Agency Notice

Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 12VAC5-530, Regulations Governing the Virginia Medical Scholarship Program. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 November 7, 2022, and ends November 28, 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: Olivette Buroughs, Statewide Health Workforce Manager, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-540, Rules and Regulations for the Identification of Medically Underserved Areas in Virginia, and determined that this regulation should be amended. The department is publishing its report of findings dated August 23, 2022, to support this decision.

Pursuant to § 2.2-4017 of the Code of Virginia, the Rules and Regulations for the Identification of Medically Underserved Areas In Virginia (12VAC5-540) are necessary for public health and welfare as the proper identification of areas or populations in need of health care workforce support assists in organizing and providing that support to ensure equitable access to care among all Virginians. As recommended, it is also necessary to ensure that it is more comprehensible, clear, and consistent. The Virginia Department of Health (VDH) has decided to amend 12VAC5-540 to ensure that the language is readable, clear, consistent, and in the public's interest.

The regulation is required and there is a continued need for it. VDH received one favorable comment during the public comment period. The regulation is not complex and does not overlap, duplicate, or conflict with any state or federal laws and regulations. Technical amendments were made and effective in 2016. There has been no change in technology or other conditions since that regulatory action that would necessitate a substantive change to the regulation. This regulation is important for primary provider placement, which promotes recruitment and retention and is intended to address primary care provider shortages throughout the Commonwealth. As such, facilities that are located in medically underserved areas are eligible for primary care provider placement. Those facilities that qualify as small businesses may benefit from the implementation of the regulation. The regulation has no adverse economic impact on small businesses.

Contact Information: Olivette Burroughs, Statewide Health Workforce Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7431.

Agency Notice

Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 12VAC5-542, Rules and Regulations Governing the Virginia Nurse Practitioner/Nurse Midwife Scholarship Program. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 November 7, 2022, and ends November 28, 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: Michael Capps, Senior Policy Analyst, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190.

Agency Notice

Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review: 12VAC5-610, Sewage Handling and Disposal Regulations and 12VAC5-620, Regulations Governing Fees for Onsite Sewage Disposal Systems, Alternative Discharge Systems, and Private Wells. The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each 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 November 7, 2022, and ends December 7, 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: Lance Gregory, Division Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491.

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TITLE 13. HOUSING

VIRGINIA MANUFACTURED HOUSING BOARD

Agency Notice

Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review: 13VAC6-11, Public Participation Guidelines and 13VAC6-20, Manufactured Housing Licensing and Transaction Recovery Fund Regulations. The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each 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 November 7, 2022, and ends November 28, 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: Jeff Brown, Director of State Building Codes Office, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 371-7161.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF ACCOUNTANCY

Agency Notice

Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 18VAC5-22, Board of Accountancy Regulations. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 November 7, 2022, and ends November 28, 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: Vasa Clarke, Regulatory Coordinator, Board of Accountancy, 9960 Mayland Drive, Suite 402, Henrico, VA 23233, FAX (804) 527-4409, TDD (804) 367-9753, or email vasa.clarke@boa.virginia.gov.

BOARD OF MEDICINE

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-15, Regulations Governing Delegation to an Agency Subordinate, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the criteria by which certain disciplinary matters may be delegated for review by an agency subordinate. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The Board of Medicine intends to retain this regulation with amendments.

The regulation is needed to clearly identify to practitioners and the public which disciplinary matters may be considered by an agency subordinate of the board. The board has received no complaints or comments regarding the regulation. The regulation is not complex and does not overlap or conflict with state or federal law. This chapter last underwent a periodic review in 2018, at which time the board decided to retain the regulation as is. This regulation is not affected by technology or economic considerations. This regulation does not regulate or impact small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-20, Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets for the requirements for licensure and standards of practice for medical doctors (MDs), doctors of osteopathic medicine (DOs), doctors of podiatric medicine (DPMs), and doctors of chiropractic (DCs). The regulation is necessary to continue to renew licenses for and to issue new licenses for MDs, DOs, DPMs, and DCs, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain and amend 18VAC85-20.

The General Assembly requires these professions to be licensed and regulated by the board. The board cannot do that without regulations. The board has received no complaints or comments regarding this regulation. The regulation is not unnecessarily complex. The regulation does duplicate some state law; those provisions will be eliminated in the subsequent action. This regulation has been revised eight times since the last periodic review in 2018. Any changes in technology, economic conditions, or other factors would have been considered with each of the eight revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-40, Regulations Governing the Practice of Respiratory Therapists, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for respiratory therapists. The regulation is necessary to continue to renew licenses for respiratory therapists and to issue new licenses for respiratory therapists, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. This regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain and amend 18VAC85-40.

The regulation is needed to continue protection of the public by licensing and regulating health professions. The board has received no complaints regarding the regulation. The regulation is not complex. The regulation does, in places, overlap or duplicate state law and will be amended to address that. The regulation has been amended four times in the last four years. Any changes in technology, economic conditions, or other factors would have been considered with each of the previous revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-50, Regulations Governing the Practice of Physician Assistants, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for physician assistants. The regulation is necessary to continue to renew licenses for physician assistants and to issue new licenses for physician assistants, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain and amend 18VAC85-50.

The regulation is needed to continue protection of the public by licensing and regulating health professions. The board has received no complaints regarding the regulation. The regulation is not unnecessarily complex. The regulation does, in places, overlap or duplicate state law and will be amended to address that. The regulation has been amended 10 times in the last four years. Any changes in technology, economic conditions, or other factors would have been considered with each of the previous revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-80, Regulations Governing the Practice of Occupational Therapy, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for occupational therapists and occupational therapy assistants. The regulation is necessary to continue to renew licenses for occupational therapists and occupational therapy assistants and to issue new licenses for those professions, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain and amend 18VAC85-80.

The General Assembly requires these professions to be licensed and regulated by the board. The board cannot do that without regulations. The board has received no complaints or comments regarding 18VAC85-80. The chapter is not unnecessarily complex. The regulation does duplicate some state law; those provisions will be eliminated in the subsequent action. This regulation has been revised four times since the last periodic review in 2018. Any changes in technology, economic conditions, or other factors would have been considered with each of the four revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-101, Regulations Governing the Practice of Radiologic Technology, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for radiologic assistants, radiologic technologists, and radiologic technologists, limited. The regulation is necessary to continue to renew licenses for radiologic assistants, radiologic technologists, and radiologic technologists, limited and to issue new licenses for those professions, which the General Assembly determined are a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain and amend 18VAC85-101.

The General Assembly requires these professions to be licensed and regulated by the board. The board cannot do that without regulations. The board has received no complaints or comments regarding 18VAC85-80. The regulation is not unnecessarily complex. The regulation does duplicate some state law; those provisions will be eliminated in the subsequent action. This regulation has been revised four times since the last periodic review in 2018. Any changes in technology, economic conditions, or other factors would have been considered with each of the four revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-110, Regulations Governing the Practice of Licensed Acupuncturists, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for acupuncture. The regulation is necessary to continue to renew licenses for acupuncturists and to issue new licenses for acupuncturists, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain and amend Chapter 18VAC85-110.

The General Assembly requires these professions to be licensed and regulated by the board. The board cannot do that without regulations. The board has received no complaints or comments regarding 18VAC85-80. The chapter is not unnecessarily complex. The regulation does duplicate some state law; those provisions will be eliminated in the subsequent action. This chapter has been revised five times since the last periodic review in 2018. Any changes in technology, economic conditions, or other factors would have been considered with each of the five revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-120, Regulations Governing the Licensure of Athletic Trainers, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for athletic trainers. The regulation is necessary to continue to renew licenses for athletic trainers and to issue new licenses for athletic trainers, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain and amend 18VAC85-120.

The General Assembly requires these professions to be licensed and regulated by the board. The board cannot do that without regulations. The board has received no complaints or comments regarding 18VAC85-80. The regulation is not unnecessarily complex. The regulation does duplicate some state law; those provisions will be eliminated in the subsequent action. This regulation has been revised four times since the last periodic review in 2018. Any changes in technology, economic conditions, or other factors would have been considered with each of the four revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-130, Regulations Governing the Practice of Licensed Midwives, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for professional midwives. The regulation is necessary to continue to renew licenses for professional midwives and to issue new licenses for professional midwives, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain and amend 18VAC85-130.

The General Assembly requires these professions to be licensed and regulated by the board. The board cannot do that without regulations. The board has received no complaints or comments regarding 18VAC85-80. The regulation is not unnecessarily complex. The regulation does duplicate some state law; those provisions will be eliminated in the subsequent action. This regulation has been revised four times since the last periodic review in 2018. Any changes in technology, economic conditions, or other factors would have been considered with each of the four revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-140, Regulations Governing the Practice of Polysomnographic Technologists, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for polysomnographic technologists. The regulation is necessary to continue to renew licenses for polysomnographic technologists and to issue new licenses for polysomnographic technologists, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain and amend 18VAC85-140.

The General Assembly requires these professions to be licensed and regulated by the board. The board cannot do that without regulations. The board has received no complaints or comments regarding 18VAC85-80. The regulation is not unnecessarily complex. The regulation does duplicate some state law; those provisions will be eliminated in the subsequent action. This regulation has been revised eight times since the initial regulation became effective. Any changes in technology, economic conditions, or other factors would have been considered with each of the eight revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-150, Regulations Governing the Practice of Behavior Analysis, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for behavior analysts and assistant behavior analysts. The regulation is necessary to continue to renew licenses for behavior analysts and assistant behavior analysts and to issue new licenses for these professions, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this chapter and determined that it is clearly written and understandable. The board decided to retain and amend 18VAC85-150.

The General Assembly requires these professions to be licensed and regulated by the board. The board cannot do that without regulations. The board has received no complaints or comments regarding 18VAC85-80. The regulation is not unnecessarily complex. The regulation does duplicate some state law; those provisions will be eliminated in the subsequent action. This regulation has been revised three times since the last periodic review in 2018. Any changes in technology, economic conditions, or other factors would have been considered with each of the three revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine conducted a periodic review and a small business impact review of 18VAC85-170, Regulations Governing the Practice of Genetic Counselors, and determined that this regulation should be amended. The department is publishing its report of findings dated October 6, 2022, to support this decision.

This regulation is necessary for the protection of public health, safety, and welfare because it sets the requirements for licensure and standards of practice for genetic counselors. The regulation is necessary to continue to renew licenses for genetic counselors and to issue new licenses for genetic counselors, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Medicine has reviewed this regulation and determined that it is clearly written and understandable. The board decided to retain and amend 18VAC85-170.

The General Assembly requires these professions to be licensed and regulated by the board. The board cannot do that without regulations. The board has received no complaints or comments regarding 18VAC85-80. The regulation is not unnecessarily complex. The regulation does duplicate some state law; those provisions will be eliminated in the subsequent action. This chapter has been revised seven times since the initial regulation for licensure became effective in 2017. Any changes in technology, economic conditions, or other factors would have been considered with each of the seven revisions. The regulation affects practitioners, not businesses, so there is no impact on small businesses.

Contact Information: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

DEPARTMENT OF MOTOR VEHICLES

Agency Notice

Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 24VAC20-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 November 7, 2022, and ends November 28, 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: Melissa Velazquez, Legislative Services Manager, Department of Motor Vehicles, Post Office Box 27412, Richmond, VA 23269-0001, telephone (804) 367-1844.