TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and small business impact review: 8VAC20-310, Rules Governing Instructions Concerning Drugs and Substance Abuse; 8VAC20-320, Regulations Governing Physical and Health Education; 8VAC20-360, Regulations Governing General Educational Development Certificates; 8VAC20-530, Regulations Governing Criteria to Identify Toxic Art Materials; Labeling; Use in Elementary Grades Prohibited; and 8VAC20-565, Regulations for the Protection of Students As Participants in Human Research. The review of these regulations 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 The purpose of a periodic review is to determine whether each regulation should be repealed, amended, or retained in its current form.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 July 15, 2024, and ends August 5, 2024.
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: Jim Chapman, Director of Board Relations, State Board of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF DENTISTRY
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 18VAC60-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated June 21, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because the regulation sets forth procedures for participation of the public in the development of board regulations. Additionally, this regulation is required by statute, and the board has no discretion not to maintain this regulation. The board has reviewed this regulation and determined that it is clearly written and understandable.
This regulation is based off of model regulations provided by the Department of Planning and Budget. The Department of Planning and Budget has not updated these model regulations; therefore, the Board has not adopted any changes to the regulation.
The board is required to maintain this regulation. There have been no complaints received related to this regulation, which is not complex. The regulation does not overlap with any other law. This regulation has not changed since approximately 2017. The board will alter this regulation if and when the Department of Planning and Budget recommends changes to the model regulations.
Contact Information: Jamie Sacksteder, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4581, FAX (804) 698-4266, or email jamie.sacksteder@dhp.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 22VAC40-90, Regulation for Background Checks for Assisted Living Facilities and Adult Day Care Centers, and determined that this regulation should be amended. The board is publishing its report of findings dated June 21, 2024, to support this decision.
The regulation establishes the minimum requirements for background checks for assisted living facilities (ALF) and adult day centers (ADC) staff, which enables residents, participants, relatives and legal representatives, licensing inspectors, and other citizens of the Commonwealth to be knowledgeable of these requirements. The regulation, which is clearly written and easily understandable, is necessary to interpret the law and protect the health, safety, and welfare of ALF residents and ADC participants.
The board recommends amending the regulation for technical and clarification purposes and to reduce regulatory burdens.
No comments were received during the public comment period. The regulation is not complex and does not duplicate or conflict with any federal or state law or regulation. The regulation will be amended in August 2024 to reflect revisions to the Code of Virginia. The regulation now needs to be amended in order to be updated for technical and clarification purposes and to reduce regulatory burdens. The amendments should have no economic impact on small businesses, as background checks are already required in the Code of Virginia.
Contact Information: Samantha Fogt, Licensing Consultant, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 845-0308, or email samantha.fogt@dss.virginia.gov.