TITLE 18. PROFESSIONAL AND  OCCUPATIONAL LICENSING
    BOARD OF MEDICINE
    Agency Decision
    Title of Regulation:  18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.
    Statutory Authority: § 54.1-2400 of the Code of  Virginia.
    Name of Petitioner: Dr. Arthur Yin Fan.
    Nature of Petitioner's Request: 
    1. Add word "herbs" after "food  supplements." 
    2. Add "basic examination prescription right" to  acupuncture practice scope: 
    "Basic examination prescription right" includes:  X-ray, ultrasound, MRI, etc. image tests; Blood routine test (CBC, complete  blood count), Urine routine test (Urine analysis), Stool routine test (Stool  analysis), Blood Liver panel, Blood Kidney panel, etc. bio-chem tests. 
    3. Require only a "recommendation" for  diagnostic examination. 
    Prior to performing acupuncture, a licensed acupuncturist shall  recommend patient to obtain written documentation that the patient has received  a diagnostic examination within the past six months by a licensed doctor of  medicine, osteopathy, chiropractic, or podiatry acting within the scope of his  practice or shall provide to the patient a written recommendation for such a  diagnostic examination on a form specified by the board and signed by the  patient. The original of the signed form shall be maintained in the patient's  chart and a copy provided to the patient. In case patient declines, the licensed  acupuncturist shall let patient sign the consent form, check the reason of  decline, and perform the basic examinations, includes in basic bio-chem lab  tests and image test.
    Agency Decision: Request denied.
    Statement of Reason for Decision: The petition was  considered on October 7, 2015, by the Advisory Board on Acupuncture, which  recommended that the petition be denied and that no changes be made to the  regulatory language. On October 22, 2015, the Board of Medicine concurred with  the recommendation. The request to add "herbs" after "food  supplements" was denied because herbs are considered food supplements by  the U.S. Food and Drug Administration (FDA), and there was concern that any  herbs that are not food supplements and outside the oversight of the FDA may  present some risk to the public. The request to add "basic examination  prescription right," was denied because it would expand the scope of  practice for acupuncturists to include performance or ordering of tests, and  such an expansion may be inconsistent with the statutory definition of the  practice of acupuncture in § 54.1-2900 of the Code of Virginia.  Additionally, ordering and interpreting tests is beyond the training received  in most acupuncture education programs in the United States. The request to  change the requirement for documentation of referral or a recommendation for  referral was not considered because the regulatory language in 18VAC85-110-100  is specifically found in § 54.1-2956.9 of the Code of Virginia.
    Agency Contact: Elaine J. Yeatts, 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. R15-38; Filed December 7, 2015, 10:25 a.m.
    BOARD OF PHARMACY
    Initial Agency Notice
    Title of Regulation:  18VAC110-20. Regulations Governing the Practice of Pharmacy.
    Statutory Authority: § 54.1-2400 of the Code of  Virginia.
    Name of Petitioner: Bill Irvin.
    Nature of Petitioner's Request: To allow a pharmacy  providing services to a long-term care facility to provide prescription  information of Schedule VI drugs to a "back-up" pharmacy located near  the facility enabling the "back-up" pharmacy to provide the first  dispensing of the prescription without the act constituting a transfer of the  prescription.
    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 December 28, 2015. Comment on the petition may be sent  by email or regular mail or posted on the Virginia Regulatory Townhall at  www.townhall.virginia.gov; comment will be accepted until January 27, 2016.  Following receipt of all comments on the petition to amend regulations, the  board will decide whether to make any changes to the regulatory language in Regulations  Governing the Practice of Pharmacy. This matter will be on the board's agenda  for its meeting scheduled for March 29, 2016.
    Public Comment Deadline: January 27, 2016.
    Agency Contact: Elaine J. Yeatts, 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. R16-10; Filed December 9, 2015, 10:05 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: Laura Court.
    Nature of Petitioner's Request: Prohibition against  euthanizing a pet against a veterinarian's recommendation if the pet owner is  trying to schedule it and the veterinarian is not recommending it.
    Agency Plan for Disposition of Request: The petition  will be published on December 28, 2015, in the Virginia Register of Regulations  and also posted on the Virginia Regulatory Townhall at  www.townhall.virginia.gov to receive public comment ending January 27, 2016.  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 tentatively scheduled for February 10, 2016.
    Public Comment Deadline: January 27, 2016.
    Agency Contact: Elaine J. 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. R16-09; Filed November 30, 2015, 12:10 p.m.