TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-196, Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less, and determined that the regulation should be amended.
The Proposed regulatory action to amend 9VAC25-196, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Joseph Bryan, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2659.
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TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services conducted a periodic review and a small business impact review of 12VAC35-46, Regulations for Children's Residential Facilities, and determined that this regulation should be amended. The board is publishing its report of findings dated June 15, 2022, to support this decision.
This regulation is necessary to carry out the licensure requirements of § 37.2-408 of the Code of Virginia. The regulation helps to protect the health, safety, and welfare of children as it articulates specific standards for licensing of facilities providing 24-hour support in conjunction with care and treatment or a training program for behavioral health and developmental services and brain injury services in a setting other than a hospital or training center. The structure of the regulation is straightforward.
Related to this periodic review, an overhaul of this regulation has been underway since the last periodic review, and of 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The plan is to combine 12VAC35-46 into the main licensing regulations. Three of six planned draft chapters (one general chapter and five service-specific chapters) were published for public comment in May 2021, two more drafts will be published for initial comment by September 2022, and the last is under development. Therefore, the decision remains to amend the regulation.
The regulation is needed to carry out the licensure requirements in Title 37.2 of the Code of Virginia, specifically § 37.2-408. No comments were received. The regulation articulates specific standards for licensing of organizations and facilities that provide behavioral health and developmental disability services. Because it is intended to establish structures for the health, safety, and welfare of some of Virginia's most vulnerable citizens, some parts of the regulation are more detailed by necessity to help ensure the safety standards. There are parts of the regulation that are closely associated with regulations from the Department of Social Services, Department of Education, Virginia Department of Health, Department of Human Resources Management, Department of Health Professions, and the Department of Medical Assistance Services, but the regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
The regulation was evaluated four years ago, and an overhaul of the regulation has been underway since that time. Technology, economic conditions, or other factors changed during the pandemic. While the department anticipates some of these factors will someday return to their pre-pandemic status, there is also an understanding that some systemic changes resulting from COVID may be more permanent. The overhaul of 12VAC35-46 and 12VAC35-105 will address all permanent changes. The agency's decision to amend the chapter may minimize the economic impact of regulations on small businesses by clarifying expectations for providers. The agency's decision to amend the chapter may also cause an economic impact on small businesses as a goal of the overhaul is to raise the standard of care.
Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
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 regulations are undergoing a periodic review and a small business impact review: 18VAC85-15, Regulations Governing Delegation to an Agency Subordinate; 18VAC85-20, Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic; 18VAC85-40, Regulations Governing the Practice of Respiratory Therapists; 18VAC85-50, Regulations Governing the Practice of Physician Assistants; 18VAC85-80, Regulations Governing the Practice of Occupational Therapy; 18VAC85-101, Regulations Governing the Practice of Radiologic Technology; 18VAC85-110, Regulations Governing the Practice of Licensed Acupuncturists; 18VAC85-120, Regulations Governing the Licensure of Athletic Trainers; 18VAC85-130, Regulations Governing the Practice of Licensed Midwives; 18VAC85-140, Regulations Governing the Practice of Polysomnographic Technologists; 18VAC85-150, Regulations Governing the Practice of Behavior Analysis; 18VAC85-160, Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists; and 18VAC85-170, Regulations Governing the Practice of Genetic Counselors.
The review of each 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 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 July 18, 2022, and ends August 17, 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: William L. Harp, M.D., Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-73, Standards for Licensed Assisted Living Facilities, and determined that this regulation should be amended. The board is publishing its report of findings dated June 15, 2022, to support this decision.
The regulation meets the criteria set forth in Executive Order 14 (as amended July 16, 2018) and is necessary because it provides minimum requirements for the protection of health, safety, and welfare of infirm or disabled adults residing in an assisted living facility (ALF). The regulation is clearly written and easy to understand.
The State Board of Social Services recommends amending the regulation to clarify the purpose of requirements for protecting the health, safety, and well-being of aged, infirm, or disabled adults residing in an ALF and to align regulation requirements with the Code of Virginia, federal requirements, and applicable practices.
The regulation is necessary for the protection of public health, safety, and welfare of aged, infirm, or disabled adults residing in an ALF. Comments received are being considered during regulation revision. The regulation is concise and understandable. The regulation does not overlap or duplicate any other federal or state law. Changes in laws and technology since the regulation has been evaluated include legalization of marijuana, advancements in technology systems to monitor residents at risk for falls and wandering, and the availability or use of e-cigarettes and vaping. The regulation has a limited impact on small businesses and only proposes the minimal regulations necessary to protect the health and safety of residents served in assisted living facilities.
Contact Information: Sharon Stroble, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7037.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-160, Fee Requirements for Processing Applications, and determined that this regulation should be retained as is. The board is publishing its report of findings dated June 15, 2022, to support this decision.
The regulation meets the criteria set forth in Executive Order 14 (as amended July 16, 2018) and is necessary because it clarifies the fees and method of payment options available to licensed Department of Social Services programs to submit payments for licensure fees. The regulation is clearly written and easy to understand. The State Board of Social Services recommends to retain the regulation as is without making changes. As required by § 2.2-4007.1 E and F of the Code of Virginia (i) the regulation is necessary to provide information regarding licensure fees; (ii) there were no complaints or comments received concerning the regulation; (iii) the regulation is concise, understandable, and not complex; (iv) the regulation does not overlap or duplicate any other federal or state law or regulation; and the regulation has been evaluated and there is a pending action for revision. There will be no significant impact on small businesses.
Contact Information: Sherri Williams, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7141.
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TITLE 23. TAXATION
DEPARTMENT OF TAXATION
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 regulations are undergoing a periodic review and a small business impact review: 23VAC10-20, General Provisions Applicable to All Taxes Administered by the Department of Taxation; 23VAC10-220, Aircraft Sales and Use Tax; 23VAC10-320, Recordation Tax Regulations; and 23VAC10-500, Business, Professional and Occupational License Tax Regulations. The review of each 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 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 July 18, 2022, and ends August 8, 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: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299.
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 regulations are undergoing a periodic review and a small business impact review: 23VAC10-110, Individual Income Tax; 23VAC10-112, Declaration of Estimated Income Tax by Individuals; 23VAC10-115, Fiduciary Income Tax; 23VAC10-120, Corporation Income Tax; 23VAC10-140, Income Tax Withholding; and 23VAC10-330, Bank Franchise Tax. The review of each 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 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 July 18, 2022, and ends August 8, 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: James Savage, Senior Tax Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261, telephone (804) 371-2301.