PETITIONS FOR RULEMAKING
Vol. 30 Iss. 19 - May 19, 2014

TITLE 1. ADMINISTRATION

VIRGINIA RETIREMENT SYSTEM

Agency Decision

Title of Regulation: None Specified.

Statutory Authority: § 51.1-124.22 of the Code of Virginia.

Name of Petitioner: John J. Fisher.

Nature of Petitioner's Request: Mr. Fisher petitions the Virginia Retirement System (VRS) to promulgate regulations related to the purchase of prior service credit. Mr. Fisher requests specifically that such regulations include the following stipulations:

• To give notice and inform VRS members that they will be required to purchase all types of prior service from the most recent to the oldest in chronological order;

• To give notice and inform VRS members that they will be required to purchase prior service that they simply looked into purchasing in the past, even if they did not purchase the service;

• To give notice and inform VRS members what a "Purchase of service contract" is and what is required to validate the service contract; and

• To give notice and inform VRS members how VRS determines prior service "eligibility" for its members.

Agency Decision: Request denied.

Statement of Reason for Decision: VRS staff thoroughly discussed the issues outlined in the request and, consistent with longstanding VRS Board practice regarding the rulemaking process, a decision was made not to initiate rulemaking in response to the petition. The primary reasoning for the decision is that purchase of prior service policies and procedures are communicated through the VRS website, employee and employer handbooks, and periodic employer updates. Moreover, if members have questions concerning the purchase of prior service, they may obtain clarification through the VRS customer contact center.

This decision was communicated to the VRS Board of Trustees at its meeting on April 17, 2014, and the board supported the decision. Nevertheless, while the request for rulemaking has been denied, the matter has been taken under advisement. VRS staff has organized a working group to conduct a thorough review of the procedures for the purchase of prior service and will be making recommendations for changes in this area in the near future.

Agency Contact: Brian J. Goodman, Legal Affairs and Compliance Coordinator, Virginia Retirement System, 1200 East Main Street, Richmond, VA 23219, telephone (804) 344-3140, or email bgoodman@varetire.org.

VA.R. Doc. No. R14-16; Filed April 28, 2014, 3:58 p.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Initial Agency Notice

Title of Regulation: 18VAC90-20. Regulations Governing the Practice of Nursing.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Ashley Church.

Nature of Petitioner's Request: To amend the listing of approved providers of continuing education for nurses to include trainings or courses offered through grant funding by other state agencies.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition to amend the listing of approved providers was posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov. It has also been filed with the Register of Regulations for publication on May 19, 2014. Comment on the petition from interested parties is requested until June 16, 2014. Following receipt of all comments on the petition, the request will be considered by the Board of Nursing at its meeting on July 15, 2014, to decide whether to make any changes to the regulatory language.

Public Comment Deadline: June 16, 2014.

Agency Contact: Elaine Yeatts, Agency Regulator Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R14-28; Filed April 21, 2014, 10:02 a.m.

BOARD OF PHYSICAL THERAPY

Initial Agency Notice

Title of Regulation: 18VAC112-20. Regulations Governing the Practice of Physical Therapy.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Frederick Tarantino.

Nature of Petitioner's Request: To define an accredited educational program in physical therapy as one that reviews applicants convicted of prior criminal acts on a case-by-case basis to the extent that doing so does not conflict with the laws of Virginia.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition has been filed with the Register of Regulations and will be published on May 19, 2014. Comment on the petition may be sent by email, regular mail, or posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov; comment will be requested until June 18, 2014. Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language. This matter will be on the board's agenda for its meeting scheduled for July 15, 2014.

Public Comment Deadline: June 18, 2014.

Agency Contact: Elaine Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R14-32; Filed April 29, 2014, 10:03 a.m.

BOARD OF VETERINARY MEDICINE

Initial Agency Notice

Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Alysoun Ann Mahoney.

Nature of Petitioner's Request: To amend 18VAC150-20-121, Requirements for licensure by endorsement for veterinary technicians, to require completion of training in animal behavior through a certified applied animal behaviorist.

Agency Plan for Disposition of Request: The petition will be published on May 19, 2014, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending June 18, 2014. Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language. This matter will be on the board's agenda for its first meeting after the comment period, which is scheduled for October 22, 2014.

Public Comment Deadline: June 18, 2014.

Agency Contact: Elaine Yeatts, Agency Regulator Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R14-29; Filed April 24, 2014, 11:19 a.m.