TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHYSICAL THERAPY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Physical Therapy conducted a periodic review and a small business impact review of 18VAC112-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 16, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it sets forth the requirements for licensure and standards of practice for physical therapy. The regulation is necessary to continue to renew licenses for physical therapy and to issue new licenses for physical therapy, 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 Physical Therapy has reviewed this regulation and determined that it is clearly written and understandable.
The board voted to retain the regulation as is. The public participation guidelines is a model regulation from the Department of Planning and Budget that all agencies adopt and that is only changed when a new model regulation is created. The board, in following the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), reviewed the regulation and determined no changes were needed.
The public needs to be able to engage in business of the board that affects them, and this regulation allows that. The board received no complaints regarding this specific regulation. The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated in 2018. The model regulation has not changed since then. There is no impact on small businesses in this limited and focused regulation.
Contact Information: Corie Tillman Wolf, Executive Director, Board of Physical Therapy, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4674, FAX (804) 527-4413, or email ptboard@dhp.virginia.gov.
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TITLE 19. PUBLIC SAFETY
DEPARTMENT OF STATE POLICE
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of State Police conducted a periodic review and a small business impact review of 19VAC30-165, Regulations Relating to Standards and Specifications for Purple Warning Lights Used by Vehicles Leading or Escorting Funeral Processions, and determined that this regulation should be amended. The department is publishing its report of findings dated May 21, 2024, to support this decision.
The regulation and the proposed amendments are necessary to meet statutory requirements and help protect public safety by ensuring the appropriate color of safety and warning lights. The current regulation is overly complex, difficult to understand, and nearly impossible to comply with or enforce. The proposed amended regulation will be easy to understand, comply with, and enforce.
As a result of this periodic review, the department has determined that the regulation should be amended to place the burden of complying with the applicable industry standards upon those who manufacture, sell, or install such lights. These amendments are the most effective method of reducing administrative burdens. Such individuals are in the business of producing and selling equipment that meets industry standards and therefore best equipped to ensure compliance.
The adoption of this regulation is mandated by § 46.2-1025 C of the Code of Virginia; therefore, the department must retain the regulation in some form. Neither complaints nor public comment regarding the existing regulation were received. Funeral homes order and install purple lights from dealers and manufacturers. The industry, through the Society of Automotive Engineers, has developed acceptable standards for the colors used in lighting equipment and follows those requirements.
The ability of funeral directors, dealers, and installers to rely on the warranty or certification by a manufacturer that their product complies with applicable industry standards places the burden of compliance where it belongs. The amendments will make the regulation easy to comply with and enforce. This simplification will minimize the impact of this regulation on small businesses.
Contact Information: Lieutenant Colonel Keenon Hook, Director, Bureau of Strategic Governance, Department of State Police, 7700 Midlothian Turnpike, North Chesterfield, VA 23235, telephone (804) 674-2239, or email keenon.hook@vsp.virginia.gov.
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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 22VAC40-601, Supplemental Nutrition Assistance Program, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 22, 2024, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare of the citizens of the Commonwealth who are eligible for food assistance through the receipt of Supplemental Nutrition Assistance Program (SNAP) benefits. Maintaining the alternative provisions will result in consistent eligibility determinations. The provisions of the regulation are clearly written and easily understandable.
The board recommends retaining the regulation without any changes. Retaining the regulation allows local staff to determine SNAP eligibility and benefit amounts without factoring in revised procedures and lessens the likelihood of errors as local staff will not need to be retrained and systems changes will not be needed.
The regulation is necessary to govern SNAP in Virginia. SNAP offers Virginia citizens an opportunity to purchase nutritious foods, which adds to the welfare of Virginians. No public complaints or comments have been received about the provisions of the regulation. The regulation is concise and understandable. The regulation does not overlap or duplicate other federal or state regulations. There are no changes in technology or other factors that impact this regulation. The regulation does not affect small businesses.
Contact Information: Celestine Jackson, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7172, or email celestine.jackson1@dss.virginia.gov.