TITLE
18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF COUNSELING
Initial Agency Notice
Title of Regulation:
18VAC115-20. Regulations Governing the Practice of Professional Counseling.
Statutory Authority: § 54.1-2400 of the Code of
Virginia.
Name of Petitioner: Charles R. McAdams, III.
Nature of Petitioner's Request: To amend the
requirements for licensure by endorsement to include the National Counselor
Licensure for Endorsement Process (NCLEP) as a route for counselor licensure.
Agency Plan for Disposition of Request: The petition
will be filed with the Registrar of Regulations and published on October 1,
2018, with comment requested until October 22, 2018. It will also be posted on
the Virginia Regulatory Town Hall and available for comments to be posted
electronically. At its first meeting following the close of comment, scheduled
for November 2, 2018, the board will consider the request to amend regulations
and all comments received in support or opposition and decide whether to
initiate rulemaking.
Public Comment Deadline: October 22, 2018.
Agency Contact: Elaine J. Yeatts, Regulatory
Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300,
Richmond, VA 23233, telephone (804) 367-4688, or email
elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R19-05; Filed September 7, 2018, 3:24 p.m.
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TITLE 24. TRANSPORTATION AND
MOTOR VEHICLES
COMMISSION ON THE VIRGINIA ALCOHOL
SAFETY ACTION PROGRAM
Initial Agency Notice
Title of Regulation:
24VAC35-60. Ignition Interlock Program Regulations.
Statutory Authority: § 18.2-270.2 of the Code of
Virginia.
Name of Petitioner: David Hites.
Nature of Petitioner's Request: Under § 2.2-4007 of
the Code of Virginia, I David Hites, ask that the following change be made to
Virginia Administrative Code 24VAC35-60-70, Section F, Paragraph 3 from: "The
ignition interlock device shall be alcohol specific, using an electrochemical
fuel cell that reacts to and measures alcohol, minimizing positive results from
other substances." to: "The ignition interlock device shall be
alcohol specific, using any proven technology that reacts to and measures
alcohol only, as defined in 24VAC35-60-20 "Definitions" meaning ethyl
alcohol, also called ethanol (C2H5OH)." The law as
currently written demands the use of fuel cell technology. It also demands that
breath alcohol ignition interlock devices (BAIIDs) be ethanol specific. The two
requirements cannot simultaneously be met. If the law requires BAIIDs to be
specific to ethanol, then a fuel cell does not meet that requirement, as by its
nature it will detect other alcohols. The law must be changed due to its
inconsistency and impossibility to meet both standards. Thank you for your
consideration.
Agency Plan for Disposition of Request: The Commission
on VASAP will consider this petition at its March 2019 meeting (date to be
determined).
Public Comment Deadline: December 14, 2018.
Agency Contact: Richard Foy, Field Services Specialist,
Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin
Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email
rfoy@vasap.virginia.gov.
VA.R. Doc. No. R19-04; Filed September 11, 2018, 2:29 p.m.
Agency Decision
Title of Regulation: 24VAC35-60.
Ignition Interlock Program Regulations.
Statutory Authority: § 18.2-270.2 of the Code of
Virginia.
Name of Petitioner: David Hites.
Nature of Petitioner's Request: On April 15, 2018, citing
§ 2.2-4007 of the Code of Virginia, David Hites submitted the below
petition to the Commission on the Virginia Alcohol Safety Action Program
(VASAP). The petition is in regard to the definition of "alcohol" in
24VAC35-60-20 as it relates to "alcohol specific" ignition interlock
devices.
"Under § 2.2-4007 of the Code of Virginia, I David
Hites submit the following petition to the Commission on VASAP: Suspend all
future ignition interlock device installations in Virginia until a 100% ethanol
specific device can be developed as is required by law. The current technology
being used is NOT specific to ethanol as required by 24VAC35-60-70. The
Commission on VASAP cannot allow electrochemical fuel cells to be used on
breath alcohol ignition interlock devices as they are not specific to ethanol,
but the problem is that the law requires only this technology which impedes
development of newer (lawful) and better technology. I suggest that someone
propose an amendment to the legislation allowing use of any technology that is
specific to ethanol. Until then, all new installations must be suspended as
they are ILLEGAL! The vendors cannot meet the terms of their contracts. They
are subject to the paradox the law has created. At the March 2018 commission
meeting, one interlock vendor, Alcolock, was under scrutiny for using a
non-ethanol-specific device to which Alcohol Countermeasure Systems CEO Felix
Comeaux admitted, as evidenced in the March 2018 commission quarterly meeting
minutes, that his devices do detect other alcohols. Since it is now known and
acknowledged that breath alcohol ignition interlock devices, due to the nature
of their technology being an electrochemical fuel cell, can and do detect other
substances to a degree that would cause an interlock user to fail a breath
test, the vendors are not following Virginia law, which means the vendors are
all in breach of contract with the state. Virginia law states: 24VAC35-60-20
"Alcohol" means ethyl alcohol, also called ethanol (C2H5OH).
24VAC35-60-70 "F. Except where otherwise required in this chapter, all
ignition interlock devices shall meet the model specifications for Breath
Alcohol Ignition Interlock Devices as set forth in the most current model
specifications published in the Federal Register by the National Highway
Traffic Safety Administration and operate reliably over the range of motor
vehicle environments or motor vehicle manufacturing standards. At a minimum,
the following specifications shall be met:" Paragraph 3. "The
ignition interlock device shall be alcohol specific, using an electrochemical
fuel cell that reacts to and measures alcohol, minimizing positive results from
other substances." Since alcohol is defined as ethanol and interlock
devices must be ALCOHOL specific, that would mean that ignition interlocks must
measure ethanol ONLY and no other substance, including other alcohols. Since
vendors' contracts stipulate that they will obey all Virginia laws, they have
all violated the above statutes and have therefore violated their contracts. I
am requesting that all ignition interlock vendors be suspended from taking on
new clients until an ethanol specific device is developed."
Agency Decision: Request denied.
Statement of Reason for Decision: In accordance with the
requirement of § 2.2-4007 of the Code of Virginia, Petition #272 was filed
with the Virginia Registrar of Regulations on April 16, 2018. At its meeting on
June 8, 2018, the Commission on VASAP considered the petition. No public
comments were submitted to the Virginia Regulatory Town Hall. The Commission on
VASAP unanimously voted to deny, in its entirety, Petition #272. The reason for
the denial is detailed as follows: § 2.2-4007 of the Code of Virginia
states that "any person may petition an agency to request the agency to
develop a new regulation or amend an existing regulation." Petition #272
stated the petitioner's interpretation of the existing ignition interlock
regulations, specifically with regard to the definition of "alcohol,"
and his belief that ignition interlock vendors are not complying with the law;
however, the petition does not "specifically" propose any new
regulation or amendment to existing regulations. Mention is made in the
petition to "propose an amendment to the legislation" and to
"suspend all future ignition interlock device installations in
Virginia." VASAP cannot suspend the installation of the device as Virginia
code requires that the devices be installed. Any legislative changes would
require action of the Virginia General Assembly.
Agency Contact: Richard Foy, Field Services Specialist,
Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin
Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email
rfoy@vasap.virginia.gov.
VA.R. Doc. No. R18-31; Filed August 31, 2018, 1:26 p.m.