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: Eric Haas.
    Nature of Petitioner's Request: Amend requirement for  filing prescriptions to allow filing by date of initial dispensing or date of  initial entry into pharmacy electronic recordkeeping system if such a system is  employed by the pharmacy. The rationale for the request is that prescriptions  are often placed into electronic systems for later dispensing, and retrieval  and reassignment of the date is cumbersome and unnecessary and may promote  errors in a patient's record.
    Agency Decision: Request  denied.
    Statement of Reason for Decision:  The board denied the petition but agreed that it would like to query other  states to determine policies and/or rules for entry of different dates into an  electronic recordkeeping system. An informal opinion from the Drug Enforcement  Administration states that, while not directly prohibited, the policy of  "holding" a prescription in a computer for subsequent filling is not  advisable and presents a diversion issue. The board will revisit the request  after additional information is obtained.
    Agency Contact: Caroline D.  Juran, Acting Executive Director, Board of Pharmacy, 9960 Mayland Drive,  Richmond, VA 23233, telephone (804) 367-4416, FAX (804) 527-4472, or email  caroline.juran@dhp.virginia.gov.
    VA.R. Doc. No. R10-61; Filed September 15, 2010, 9:22 a.m.
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    TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
    COMMONWEALTH TRANSPORTATION BOARD
    Agency Decision
    Title of Regulation:  24VAC30-121. Comprehensive Roadside Management Program.
    Statutory Authority: §§ 33.1-12  and 33.1-223.2:9 of the Code of Virginia.
    Name of Petitioner: Proctor S. Harvey.
    Nature of Petitioner's Request: Amend  provisions of regulations as follows: (i) in 24VAC30-121-30, add new subsection  C to allow VDOT District Administrator or designees to review issues arising  from a permit application, and make recommendations and decisions for  resolution; and (ii) in 24VAC30-121-40 D 4 concerning location of  acknowledgement signs, change criteria in subdivisions a, b, c, and d from 45  mph to 60 mph to allow for greater locations for gardens.
    Agency Decision: Initiate a  regulatory change.
    Statement of Reason for Decision:  In its interim response to this petition published in The Virginia Register on  July 5, 2010, VDOT deferred any decision while seeking comment from the Federal  Highway Administration (FHWA) regarding the portion of the changes proposed to  the regulation involving signage along the main traveled way and interchanges  of noncontrolled and controlled access primary and secondary highways, in  addition to interstate interchanges. VDOT has considered Part (i) of the petitioner’s  proposal, which involves allowing VDOT District Administrators or designees to  review issues arising from a permit application, and make recommendations and  decisions for resolution. VDOT has decided to reject implementation of Part (i)  due to concerns that implementation would adversely affect consistency in how  the regulation is applied on a statewide basis. Without some degree of  standardization, the public could lose confidence that the regulations are  being implemented fairly from district to district. 
    VDOT has received input from the  Federal Highway Administration (FHWA) concerning Part (ii) of this proposal,  which involves signage along the main traveled way and interchanges of noncontrolled  and controlled access primary and secondary highways, in addition to interstate  interchanges. VDOT concurs with the petitioner that implementation of this part  of the petition will make more sites eligible for location of gardens and  enhance support for the program from potential donors while maintaining  satisfactory safety parameters for travel. Therefore, VDOT will proceed with a  Fast-Track implementation of Part (ii) as soon as pending changes to the  Comprehensive Roadside Management Program (CRMP) regulations have been made in  conjunction with a previous Fast-Track action concerning new General Rules and  Regulations of the Commonwealth Transportation Board, the adoption of which  affected content of the CRMP. VDOT reserves the right to make additional  regulatory changes not covered in the petition as dictated by good business  practices, the application of sound engineering principles, or to improve the  usefulness of the regulations to the regulated parties, the public, and VDOT  staff.
    Agency Contact: M. Brian  Waymack, State Roadside Manager Maintenance Division, Virginia Department of  Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804)  786-0967, FAX (804) 786-0628, or email brian.waymack@vdot.virginia.gov.
    VA.R. Doc. No. R10-41; Filed September 14, 2010, 2:47 p.m.