THE VIRGINIA REGISTER OF REGULATIONS is an official state publication issued every other week throughout the year. Indexes are published quarterly, and are cumulative for the year. The Virginia Register has several functions. The new and amended sections of regulations, both as proposed and as finally adopted, are required by law to be published in the Virginia Register. In addition, the Virginia Register is a source of other information about state government, including petitions for rulemaking, emergency regulations, executive orders issued by the Governor, and notices of public hearings on regulations.
ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS
Unless exempted by law, an agency wishing to adopt, amend, or repeal regulations must follow the procedures in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Typically, this includes first publishing in the Virginia Register a notice of intended regulatory action; a basis, purpose, substance and issues statement; an economic impact analysis prepared by the Department of Planning and Budget; the agency’s response to the economic impact analysis; a summary; a notice giving the public an opportunity to comment on the proposal; and the text of the proposed regulation.
Following publication of the proposed regulation in the Virginia Register, the promulgating agency receives public comments for a minimum of 60 days. The Governor reviews the proposed regulation to determine if it is necessary to protect the public health, safety, and welfare, and if it is clearly written and easily understandable. If the Governor chooses to comment on the proposed regulation, his comments must be transmitted to the agency and the Registrar of Regulations no later than 15 days following the completion of the 60-day public comment period. The Governor’s comments, if any, will be published in the Virginia Register. Not less than 15 days following the completion of the 60-day public comment period, the agency may adopt the proposed regulation.
The Joint Commission on Administrative Rules or the appropriate standing committee of each house of the General Assembly may meet during the promulgation or final adoption process and file an objection with the Registrar and the promulgating agency. The objection will be published in the Virginia Register. Within 21 days after receipt by the agency of a legislative objection, the agency shall file a response with the Registrar, the objecting legislative body, and the Governor.
When final action is taken, the agency again publishes the text of the regulation as adopted, highlighting all changes made to the proposed regulation and explaining any substantial changes made since publication of the proposal. A 30-day final adoption period begins upon final publication in the Virginia Register.
The Governor may review the final regulation during this time and, if he objects, forward his objection to the Registrar and the agency. In addition to or in lieu of filing a formal objection, the Governor may suspend the effective date of a portion or all of a regulation until the end of the next regular General Assembly session by issuing a directive signed by a majority of the members of the appropriate legislative body and the Governor. The Governor’s objection or suspension of the regulation, or both, will be published in the Virginia Register.
If the Governor finds that the final regulation contains changes made after publication of the proposed regulation that have substantial impact, he may require the agency to provide an additional 30-day public comment period on the changes. Notice of the additional public comment period required by the Governor will be published in the Virginia Register. Pursuant to § 2.2-4007.06 of the Code of Virginia, any person may request that the agency solicit additional public comment on certain changes made after publication of the proposed regulation. The agency shall suspend the regulatory process for 30 days upon such request from 25 or more individuals, unless the agency determines that the changes have minor or inconsequential impact.
A regulation becomes effective at the conclusion of the 30-day final adoption period, or at any other later date specified by the promulgating agency, unless (i) a legislative objection has been filed, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 21-day objection period; (ii) the Governor exercises his authority to require the agency to provide for additional public comment, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the period for which the Governor has provided for additional public comment; (iii) the Governor and the General Assembly exercise their authority to suspend the effective date of a regulation until the end of the next regular legislative session; or (iv) the agency suspends the regulatory process, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 30-day public comment period and no earlier than 15 days from publication of the readopted action.
A regulatory action may be withdrawn by the promulgating agency at any time before the regulation becomes final.
FAST-TRACK RULEMAKING PROCESS
Section 2.2-4012.1 of the Code of Virginia provides an alternative to the standard process set forth in the Administrative Process Act for regulations deemed by the Governor to be noncontroversial. To use this process, the Governor's concurrence is required and advance notice must be provided to certain legislative committees. Fast-track regulations become effective on the date noted in the regulatory action if fewer than 10 persons object to using the process in accordance with § 2.2-4012.1.
EMERGENCY REGULATIONS
Pursuant to § 2.2-4011 of the Code of Virginia, an agency may adopt emergency regulations if necessitated by an emergency situation or when Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or fewer from its enactment. In either situation, approval of the Governor is required. The emergency regulation is effective upon its filing with the Registrar of Regulations, unless a later date is specified per § 2.2-4012 of the Code of Virginia. Emergency regulations are limited to no more than 18 months in duration; however, may be extended for six months under the circumstances noted in § 2.2-4011 D. Emergency regulations are published as soon as possible in the Virginia Register and are on the Register of Regulations website at register.dls.virgina.gov.
During the time the emergency regulation is in effect, the agency may proceed with the adoption of permanent regulations in accordance with the Administrative Process Act. If the agency chooses not to adopt the regulations, the emergency status ends when the prescribed time limit expires.
STATEMENT
The foregoing constitutes a generalized statement of the procedures to be followed. For specific statutory language, it is suggested that Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined carefully.
CITATION TO THE VIRGINIA REGISTER
The Virginia Register is cited by volume, issue, page number, and date. 34:8 VA.R. 763-832 December 11, 2017, refers to Volume 34, Issue 8, pages 763 through 832 of the Virginia Register issued on
December 11, 2017.
The Virginia Register of Regulations is published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.
Members of the Virginia Code Commission: John S. Edwards, Chair; Marcus B. Simon, Vice Chair; Ward L. Armstrong; Nicole Cheuk; Leslie L. Lilley; Jennifer L. McClellan; Christopher R. Nolen; Steven Popps; Don L. Scott, Jr.; Charles S. Sharp; Malfourd W. Trumbo; Amigo R. Wade.
Staff of the Virginia Register: Holly Trice, Registrar of Regulations; Anne Bloomsburg, Assistant Registrar; Nikki Clemons, Regulations Analyst; Rhonda Dyer, Publications Assistant; Terri Edwards, Senior Operations Staff Assistant.
PUBLICATION SCHEDULE AND DEADLINES
Vol. 38 Iss. 23 - July 04, 2022
July 2022 through July 2023
|
Volume: Issue
|
Material Submitted By Noon*
|
Will Be Published On
|
|
38:24
|
June 29, 2022
|
July 18, 2022
|
|
38:25
|
July 13, 2022
|
August 1, 2022
|
|
38:26
|
July 27, 2022
|
August 15, 2022
|
|
39:1
|
August 10, 2022
|
August 29, 2022
|
|
39:2
|
August 24, 2022
|
September 12, 2022
|
|
39:3
|
September 7, 2022
|
September 26, 2022
|
|
39:4
|
September 21, 2022
|
October 10, 2022
|
|
39:5
|
October 5, 2022
|
October 24, 2022
|
|
39:6
|
October 19, 2022
|
November 7, 2022
|
|
39:7
|
November 2, 2022
|
November 21, 2022
|
|
39:8
|
November 14, 2022 (Monday)
|
December 5, 2022
|
|
39:9
|
November 30, 2022
|
December 19, 2022
|
|
39:10
|
December 14, 2022
|
January 2, 2023
|
|
39:11
|
December 27, 2022 (Tuesday)
|
January 16, 2023
|
|
39:12
|
January 11, 2023
|
January 30, 2023
|
|
39:13
|
January 25, 2023
|
February 13, 2023
|
|
39:14
|
February 8, 2023
|
February 27, 2023
|
|
39:15
|
February 22, 2023
|
March 13, 2023
|
|
39:16
|
March 8, 2023
|
March 27, 2023
|
|
39:17
|
March 22, 2023
|
April 10, 2023
|
|
39:18
|
April 5, 2023
|
April 24, 2023
|
|
39:19
|
April 19, 2023
|
May 8, 2023
|
|
39:20
|
May 3, 2023
|
May 22, 2023
|
|
39:21
|
May 17, 2023
|
June 5, 2023
|
|
39:22
|
May 31, 2023
|
June 19, 2023
|
|
39:23
|
June 14, 2023
|
July 3, 2023
|
|
39:24
|
June 28, 2023
|
July 17, 2023
|
|
39:25
|
July 12, 2023
|
July 31, 2023
|
*Filing deadlines are Wednesdays unless otherwise specified.
PETITIONS FOR RULEMAKING
Vol. 38 Iss. 23 - July 04, 2022
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHARMACY
Agency Decision
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: Renae M. Cregger.
Nature of Petitioner's Request: The petitioner requests exempting automated dispensing systems exclusively stocked with drugs that would be kept in a stat-drug box pursuant to 18VAC110-20-550 or an emergency drug kit pursuant to 18VAC110-20-540 and are solely administered for stat or emergency use from the requirements of subdivisions 1, 4 a, and 4 b of 18VAC110-20-555.
Agency Decision: Request granted.
Statement of Reason for Decision: The Board of Pharmacy will issue a Notice of Intended Regulatory Action for the consideration of a rulemaking to permit the use of automated dispensing devices for certain medications that may be currently stored in emergency drug kits or stat-drug boxes.
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. PFR22-23; Filed June 6, 2022, 2:41 p.m.
BOARD OF COUNSELING
Initial Agency Notice
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 Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on July 4, 2022. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov. The Board of Counseling will request public comment from July 4, 2022, to August 3, 2022.
The board will consider the petition at the next meeting scheduled after the close of the comment period. Currently, the board's next meeting after the comment period closes is scheduled for September 16, 2022.
Public Comment Deadline: August 3, 2022.
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 June 13, 2022, 10:34 a.m.
BOARD OF VETERINARY MEDICINE
Initial Agency Notice
Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Mark Cushing.
Nature of Petitioner's Request: The petitioner requests that the Board of Veterinary Medicine amend 18VAC150-20-120 to remove the requirement that applicants for licensure by endorsement have regularly engaged in clinical practice for at least two of the previous four years. The petitioner states that removing this requirement could help address veterinarian shortages and would put Virginia in line with 20 other states that do not require clinical practice for licensure by endorsement.
Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on July 4, 2022. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment from July 4, 2022, to August 3, 2022. The board will consider the petition and all comments in support or opposition at its next board meeting after the close of the comment period, which is currently scheduled for October 13, 2022.
Public Comment Deadline: August 3, 2022.
Agency Contact: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 597-4130, or email leslie.knachel@dhp.virginia.gov.
VA.R. Doc. No. PFR22-33; Filed June 6, 2022, 8:45 a.m.
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.
w –––––––––––––––––– w
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.
w –––––––––––––––––– w
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.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REGISTRAR'S NOTICE: The Board of Funeral Directors and Embalmers is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC65-30. Regulations for Preneed Funeral Planning (amending 18VAC65-30-220).
Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Effective Date: August 3, 2022.
Agency Contact: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4546, FAX (804) 527-4637, or email corie.wolf@dhp.virginia.gov.
Summary:
Pursuant to Chapter 18 of the 2022 Acts of Assembly, the amendment replaces language related to face value adjustments to certain financial vehicles used to fund preneed funeral arrangements with a limitation on a decrease of the face value of any such financial vehicles except in certain circumstances.
18VAC65-30-220. Content of preneed contracts.
The following information shall be contained in any contract for preneed funeral planning.
Date: ______________________________
Contract: ______________________________
PRENEED FUNERAL CONTRACT
for
(Name of Recipient of Services)
______________________________
__________________________ (Zip)________
I. SUPPLIES AND SERVICES PURCHASED
If goods and services are guaranteed and your contract is fully paid or funded at the time of your death, no additional cost will incur for your family or estate even though the actual prices of goods and services may increase between the date of this contract and the time of need. (Please see the disclosure document.)
If goods and services are nonguaranteed, your family or estate may incur additional costs for goods and services as the prices for these items may increase from the date of the contract to the time of need.
Cash advance items are not guaranteed. A cash advance item is any item obtained from a third party by the funeral home on your behalf. Cash advance items may include cemetery or crematory services, pall bearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities, and death certificates.
Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use an item, we will explain the reasons in writing below. If you selected a funeral that may require embalming, such as a funeral with a viewing, you may have to pay for embalming. You do not have to pay for embalming you did not select if you select arrangements such as a direct cremation or immediate burial.
|
Guaranteed Services Purchased
|
|
I. BASIC SERVICES OF FUNERAL DIRECTOR AND STAFF
|
$_________
|
|
II. FUNERAL HOME FACILITIES
|
|
|
|
A. Facilities and Staff for visitation/viewing
|
$_________
|
|
|
B. Facilities and Staff for funeral ceremony
|
$_________
|
|
|
C. Facilities and Staff for memorial service
|
$_________
|
|
|
D. Equipment and Staff for graveside service
|
$_________
|
|
(NOTE TO FUNERAL HOME: If you have additional charges such as facilities and staff for home/church viewing, or a charge for additional staff person or through calculation of manhours, etc., add here as extra items. If you have a charge for equipment for interment, add here.)
|
|
III. EMBALMING
|
|
|
|
A. Normal remains
|
$_________
|
|
|
B. Autopsy remains
|
$_________
|
|
IV. OTHER PREPARATION OF THE BODY
|
$_________
|
|
(NOTE: List all items that you placed under Other Preparation on your General Price List.)
|
|
V. IMMEDIATE BURIAL
|
$_________
|
|
VI. DIRECT CREMATION
|
$_________
|
|
VII. TRANSFER OF REMAINS TO FUNERAL ESTABLISHMENT
|
$_________
|
|
VIII. FORWARDING REMAINS TO ANOTHER FUNERAL HOME
|
$_________
|
|
IX. RECEIVING REMAINS FROM ANOTHER FUNERAL HOME
|
$_________
|
|
X. AUTOMOTIVE EQUIPMENT
|
|
|
|
A. Hearse
|
$_________
|
|
|
B. Limousine
|
$_________
|
|
(NOTE: List all others that you placed on General Price List.)
|
|
XI. FUNERAL MERCHANDISE
|
|
|
|
A. Casket (*describe)
|
|
|
|
_________________________________
|
|
|
|
_________________________________
|
$_________
|
|
|
B. Outer Burial Container (*describe)
|
|
|
|
_________________________________
|
|
|
|
_________________________________
|
$_________
|
|
|
C. List any others
|
|
|
|
_________________________________
|
$_________
|
|
Supplies Purchased
|
|
|
Clothing
|
$_________
|
|
Temporary marker
|
$_________
|
|
Acknowledgment cards
|
$_________
|
|
Register/attendance books
|
$_________
|
|
Memorial folders
|
$_________
|
|
Other
|
$_________
|
|
SUBTOTAL COSTS OF (GUARANTEED) SUPPLIES PURCHASED:
|
$_________
|
|
XII. PACKAGE PRICES
|
|
|
(NOTE: List all package prices by name.)
|
|
SUBTOTAL COSTS OF (GUARANTEED) SUPPLIES PURCHASED:
|
$_________
|
|
Nonguaranteed Goods and Services Purchased
|
|
The actual prices of goods and services below are NOT GUARANTEED. These items may include obituary notices, death certificates, cemetery fees, flowers, sales tax, etc. The prices are estimated and the estimates will be included in the Grand Total Contract Price. The differences between the estimated prices below and the actual cost will be settled with your family or estate at the time of need:
|
|
SUBTOTAL ESTIMATED COSTS OF NONGUARANTEED ITEMS:
|
$________
|
|
GRAND TOTAL FOR PRENEED ARRANGEMENTS
|
|
|
|
1. Total cost of (guaranteed) services purchased
|
$_________
|
|
|
2. Total cost of (guaranteed) supplies purchased
|
$_________
|
|
|
3. Total estimated cost of nonguaranteed items
|
$_________
|
|
GRAND TOTAL
|
$_________
|
|
The only warranties, express or implied, granted in connection with the goods sold in this preneed funeral contract, are the express written warranties, if any, extended by the manufacturers thereof. No other warranties and no warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE are extended by the (funeral home) ____________________.
|
|
GENERAL INFORMATION
|
|
In order that the Buyer may understand the relationship of all parties involved in this preneed arrangement and contract, the following is provided:
|
|
|
A. Buyer:
|
|
|
B. Funeral Home Providing Services:
|
|
|
C. Contract seller:
|
|
Employed by: (Funeral Home)
|
|
Virginia Funeral Director or Funeral Service Licensee License Number:
|
II. METHOD OF FUNDING
A. Trust.
The following information will be given if a trust is used to fund this agreement:
1. Amount to be trusted:
2. Name of trustee:
3. Disposition of Interest:
4. Fees, expenses, taxes deducted from earned interest:
5. Buyer's responsibility for taxes owned on interest:
B. Insurance or annuity contract.
The following information will be given if an insurance policy or annuity contract is used to fund this agreement:
1. Buyer:
2. Insurance Company:
3. Insurance Agent:
Employed by: (Insurance Company)
Licensed Funeral Director or Funeral Service Licensee in Virginia: ___yes ___no
Funeral Director or Funeral Service Licensee License Number (If Applicable):
Employed by Funeral Home (If Applicable):
4. The life insurance or annuity contract provides either that:
_____ The face value thereof shall be adjusted annually by a factor equal to the Consumer Price Index as published by the Office of Management and Budget of the United States; or
_____ A benefit payable at death under such contract that will be equal or exceed the sum of all premiums paid for such contract plus thereon at the annual rate of at least 5.0%, compounded annually.
that the face amount of any life insurance policy issued to fund a preneed funeral contract shall not be decreased over the life of the life insurance policy except for life insurance policies that have lapsed due to the nonpayment of premiums or have gone to a nonforfeiture option that lowers the face amount as allowed for in the provisions of the policy.
III. CONSUMER INFORMATION
The Board of Funeral Directors and Embalmers is authorized by Chapter 28 (§ 54.1-2800 et seq.) of Title 54.1 of the Code of Virginia to regulate the practice of preneed funeral planning. Consumer complaints should be directed to:
The Board of Funeral Directors and Embalmers
9960 Mayland Drive, Suite 300
Richmond, Virginia 23233
Telephone Number: (804) 367-4479
Toll Free Number for complaints: 1-800-533-1560
FAX: (804) 527-4413
Website: www.dhp.virginia.gov
IV. DISCLOSURES
The disclosure statements will be available for your review. The General Price List shall be furnished to you by the contract seller. These contain information that you must receive by law and/or the authority of the Board of Funeral Directors and Embalmers. You are entitled to receive all information in clear and simple language including the language of the funding agreement for this preneed arrangement.
If any law, cemetery, or crematory requires the purchase of any of those items listed in Part I, the requirements will be explained in writing.
By signing this contract, buyer acknowledges availability of and opportunity to read a copy of all of the required documents.
By signing this contract, contract seller acknowledges that the General Price List and the required disclosures have been furnished to the contract buyer.
V. TERMINATION OF CONTRACT
This person who funds this contract through a trust agreement may terminate this preneed contract at any time prior to the furnishing of the services or supplies contracted for:
Within 30 days
If you terminate this preneed contract within 30 days of the date of this contract, you will be refunded all payments of whatever type you have made, plus any interest or income you may have earned.
More than 30 days
If you terminate this preneed contract more than 30 days after the date on this contract, you will be refunded whatever amount was required to be placed in a revocable trust fund, plus any interest or income it has earned.
Any person who funds this contract through a trust fund that is irrevocable or through an insurance/annuity policy or through the transfer of real estate/personal property may not be eligible for a refund.
VI. STATEMENT OF GUARANTEE
By signing this contract, (Funeral Home) __________ agrees to the statement checked below (check one):
______ Prefinancing guarantees that no additional payment will be required from the family or estate for guaranteed services and supplies provided the Grand Total of these arrangements is paid in full and the interest is allowed to accumulate in your account (see page ______ for Grand Total amount). Payment of the difference will be required for the nonguaranteed estimated items if they increase in price.
______ The prices for items under supplies and services are not guaranteed.
VII. AGREEMENT
In witness whereof, the Buyer and the Funeral Home have executed this contract, intending its terms to be in accordance with the Code of Virginia and any regulations implementing the Code. By signing this contract you acknowledge that you have been provided access to and the opportunity to read the Disclosure Statements.
|
|
|
|
|
(Designee of Funeral Home)
|
|
(Buyer)
|
|
|
|
|
|
(Funeral Home)
|
|
(Contract Date)
|
VIII. PENALTIES OR RESTRICTIONS
The (funeral home) __________, has the following penalties or restrictions on the provisions of this contract.
1. (Insert geographic restrictions);
2. (Insert an explanation of the Funeral Home's inability to perform the request(s) of the Buyer);
3. (Insert a description of any other circumstances that apply);
4. (Insert information that if particular goods and services specified in the contract are unavailable at the time of need):
A. The funeral home shall be required to furnish supplies and services similar in style and at least equal in quality of material and workmanship; and
B. The representative of the deceased shall have the right to choose the supplies or services to be substituted.
IX. ADDENDUM TO PRENEED CONTRACT
APPOINTEE AGREEMENT
I appoint ____________________ of (address) _______________________ to assist with the preneed arrangements in my behalf. The relationship of my appointee to me is ____________________.
Contract Beneficiary: ____________________ Date: __________
I accept the request of (contract beneficiary) ____________________ to assist with his/her preneed arrangements.
Appointee: _________________________ Date: __________
The foregoing was acknowledged before me this __________ day of __________, 20____
Notary: ____________________________
Date Commission Expires: __________
VA.R. Doc. No. R22-7137; Filed June 06, 2022
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VA.R. Doc. No. R22-7256; Filed June 08, 2022
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VA.R. Doc. No. R22-7255; Filed June 08, 2022