TITLE 2. AGRICULTURE
    PESTICIDE CONTROL BOARD
    Agency Decision
    Title of Regulation:  2VAC20-51. Regulations Governing Pesticide Applicator Certification Under  Authority of Virginia Pesticide Control Act.
    Statutory Authority: § 3.2-3906 of the Code of  Virginia.
    Name of Petitioner: Robert Taylor.
    Nature of Petitioner's Request: The petitioner is  requesting that the Pesticide Control Board exempt cotton boll weevil trappers  working under the auspices of the Virginia Department of Agriculture and  Consumer Services from having to hold or obtain pesticide applicator or  registered technician certification.
    Agency Decision: Granted.
    Statement of Reason for Decision:  The Pesticide Control Board determined at its July 21, 2011, meeting that the  placement of a pesticide product inside cotton boll weevil traps by cotton boll  weevil surveyors working under the auspices of Virginia Department of Agriculture  and Consumer Services can be accomplished with minimal risk to public health  and safety. At its meeting on October 20, 2011, the board will hold a public  hearing regarding the exempt regulatory action to amend 2VAC20-51, Regulations  Governing Pesticide Applicator Certification Under Authority of Virginia  Pesticide Control Act, to include the requested exemption.
    Agency Contact: Liza Fleeson,  Program Manager, Office of Pesticide Services, Department of Agriculture and  Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA  23219, telephone (804) 371-6559, or email liza.fleeson@vdacs.virginia.gov.
    VA.R. Doc. No. R11-30; Filed July 29, 2011, 8:45 a.m.
    Agency Decision
    Title of Regulation:  2VAC20-51. Regulations Governing Pesticide Applicator Certification Under  Authority of Virginia Pesticide Control Act.
    Statutory Authority: § 3.2-3906 of the Code of  Virginia.
    Name of Petitioner: Jerryanne Bier.
    Nature of Petitioner's Request: The petitioner is  requesting that the Pesticide Control Board exempt gypsy moth trappers working  under the auspices of the Virginia Department of Agriculture and Consumer  Services from having to hold or obtain pesticide applicator or registered  technician certification.
    Agency Decision: Granted.
    Statement of Reason for Decision:  The Pesticide Control Board determined at its July 21, 2011, meeting that the  placement of a pesticide product inside gypsy moth traps by gypsy moth  surveyors working under the auspices of the Virginia Department of Agriculture  and Consumer Services can be accomplished with minimal risk to public health  and safety. At its meeting on October 20, 2011, the board will hold a public  hearing regarding the exempt regulatory action to amend 2VAC20-51, Regulations  Governing Pesticide Applicator Certification Under Authority of Virginia  Pesticide Control Act, to include the requested exemption.
    Agency  Contact: Liza Fleeson, Department of Agriculture and Consumer Services,  Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804)  371-6559, or email liza.fleeson@vdacs.virginia.gov.
    VA.R. Doc. No. R11-29; Filed July 29, 2011, 8:47 a.m.
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    TITLE 12. HEALTH
    STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Establish a new  provision in the Human Rights regulations that prohibits Virginia State  Training Centers from requiring chosen representatives to have Training Center  authorization prior to have access to the residents service records for the  residents they represent pursuant to the human rights complaint resolution  process.
    Agency Decision: Denied.
    Statement of Reason for Decision:  This appears to be an administrative practice issue and not appropriate for  regulatory action.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-33; Filed July 29, 2011, 9:29 a.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving  Services from Providers of Mental Health, Mental Retardation and Substance  Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Establish a new  provision in the Human Rights regulations that requires Virginia State Training  Centers to petition Virginia Judicial Districts to assign the population they  service legal guardians.
    Agency Decision: Denied.
    Statement of Reason for Decision:  The request exceeds the scope of 12VAC35-115.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-34; Filed July 29, 2011, 9:23 a.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend 12VAC35-115 to  require CSBs and Virginia State Training Centers to physically post FOIA  information prescribed under § 2.2-3704.1 of the Code of Virginia.
    Agency Decision: Denied.
    Statement of Reason for Decision:  The request exceeds the scope of 12VAC35-115.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-35; Filed July 29, 2011, 9:18 a.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend 12VAC35-115-10 to  separate the legal aspects, administrative aspects, and clinical aspects of the  Department of Behavioral Health and Developmental Services duties.
    Agency Decision: Denied.
    Statement of Reason for Decision:  12VAC35-115-10 does not address Department of Behavioral Health and  Developmental Services duties, so it is unclear what regulatory change the  petitioner is seeking.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-36; Filed July 29, 2011, 9:18 a.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend 12VAC35-115-30  definition of "providers" to include the Commissioner, State Human  Rights Director (SHRD), Human Rights Advocate and governing bodies of licensed  providers.
    Agency Decision: Denied.
    Statement of Reason for Decision:  The requested regulatory change is inconsistent with the definition of  "providers" contained in the Code of Virginia.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-37; Filed July 29, 2011, 9:17 a.m.
    Agency Decision
    Title of Regulation:  12VAC35-115. Rules and Regulations to Assure the Rights of Individuals  Receiving Services from Providers of Mental Health, Mental Retardation and  Substance Abuse Services.
    Statutory Authority: § 37.2-400 of the Code of  Virginia.
    Name of Petitioner: Steven Shoon.
    Nature of Petitioner's Request: Amend 12VAC35-115-80 to  require providers notify an individual receiving services that a person, other  than a healthcare provider, attempted to contact the individual when a person  has attempted to contact them.
    Agency Decision: Denied.
    Statement of Reason for Decision:  This appears to be a practice issue and not appropriate for regulatory action.  12VAC35-115-80 deals with an individual's right to have all identifying  information remain confidential.
    Agency Contact: Linda B.  Grasewicz, Regulatory Coordinator, Department of Behavioral Health and  Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone  (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
    VA.R. Doc. No. R11-38; Filed July 29, 2011, 9:21 a.m.
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    TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
    BOARD OF PSYCHOLOGY
    Initial Agency Notice
    Title of Regulation:  18VAC125-20. Regulations Governing the Practice of Psychology.
    Statutory Authority: § 54.1-3600 of the Code of  Virginia.
    Name of Petitioner: James D. Watwood.
    Nature of Petitioner's Request: Increase the time limit  for romantic or sexual relationships with patients from two years after  termination to indefinite when the patient has been a victim of rape, incest,  or sexual abuse.
    Agency's Plan for Disposition of  Request: In accordance with Virginia law, the petition was filed with the  Register of Regulations with a request for comment to be received until  September 20, 2011. The petition will also be posted for comment on the  Virginia Regulatory Townhall at www.townhall.virginia.gov. At its next meeting,  which is scheduled for November 8, 2011, the board will consider the petition  and any comment received to decide whether to initiate the rulemaking process.
    Public Comment Deadline: September 20, 2011.
    Agency Contact: Elaine J.  Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960  Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4699, or  email elaine.yeatts@dhp.virginia.gov.
    VA.R. Doc. No. R11-51; Filed July 28, 2011, 9:46 a.m.