TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF FUNERAL DIRECTORS AND EMBALMERS

Agency Decision

Title of Regulation: 18VAC65-30. Regulations for Preneed Funeral Planning.

Statutory Authority: §§ 54.1-2400, 54.1-2803, and 54.1-2820 of the Code of Virginia.

Name of Petitioner: Jessica Watkins.

Nature of Petitioner's Request: To amend regulations for preneed contracts to prevent circumstances, such as the closure of a funeral establishment, that result in the loss of funding for a family member's funeral.

Agency Decision: Request denied.

Statement of Reason for Decision: At its meeting on October 16, 2018, the board considered the petition and the comments posted on the Virginia Regulatory Town Hall. The board is convening a workgroup to look at issues relating to preneed contracts, and the request and comments will be included in the information that group considers. At this time, the decision is not to initiate rulemaking in response to the petition, but the workgroup will address the problem of defaulting on prepaid services and consider whether there are solutions that could protect other families.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4479, or email fanbd@dhp.virginia.gov.

VA.R. Doc. No. R19-02; Filed October 26, 2018, 1:34 p.m.

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: Williard Vaughn.

Nature of Petitioner's Request: To amend regulations for residents in counseling to prohibit promoting or advertising their services independently to solicit business from the public.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition will be filed with the Registrar of Regulations and published on November 26, 2018, with comment requested until December 21, 2018. It will also be placed 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 February 9, 2019, the board will consider the request to amend regulations and all comment received in support or opposition. The petitioner will be informed of the board's response and any action it approves.

Public Comment Deadline: December 21, 2018.

Agency Contact: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. R19-16; Filed October 26, 2018, 1:54 p.m.

Agency Decision

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 Decision: Request denied.

Statement of Reason for Decision: At its meeting on November 2, 2018, the board discussed the request to amend the regulations and all comment received. The board voted to refer the issue of portability to the Regulatory Committee for further consideration and not to initiate rulemaking at this time. However, the board took an additional action to recognize the Certified Clinical Mental Health Counselor (CCMHC) credential from the National Board of Certified Counselors (NBCC) as acceptable in lieu of transcripts verifying education and documentation verifying supervised experience in applying for licensure by endorsement. The board has the authority in subsection B 3 of 18VAC115-20-45 to identify "any other board-recognized entity" and has acted on that authority to recognize the CCMHC from the NBCC.

Agency Contact: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. R19-05; Filed November 5, 2018, 5:11 p.m.

BOARD OF PSYCHOLOGY

Agency Decision

Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology.

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.

Name of Petitioner: Lee Cooper.

Nature of Petitioner's Request: Proposing that PCSAS be recognized as an additional accrediting body of doctoral programs in psychology in 18VAC125-20-54.

Agency Decision: Request denied.

Statement of Reason for Decision: The board considered the petition relating to acceptance of accreditation by the Psychological Clinical Science Accreditation System (PCSAS) for licensure in clinical psychology, as well as comment received from interested parties and additional information from the petitioner on PCSAS and from the Association of State and Provincial Psychology Boards (ASPPB). The board decided at its meeting on October 30, 2018, not to initiate rulemaking at this time. There will be further review and discussion in the context of proposed changes to the educational requirements for clinical psychologists as a part of the overall review of regulations. The board will continue to have discussion and gather information in the coming months.

Agency Contact: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. R18-35; Filed October 30, 2018, 1:06 p.m.

BOARD OF VETERINARY MEDICINE

Agency Decision

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: Kelly Gotschalk, DVM.

Nature of Petitioner's Request: To amend 18VAC150-20-170 to allow practice management courses to be approved for continuing education credit.

Agency Decision: Request denied.

Statement of Reason for Decision: The petition and the comments on the petition were considered by the board at its meeting on November 6, 2018. Members of the board voted to deny the petition for a variety of reasons. First, the petitioner had requested that the board interpret its current regulations through a guidance document to allow hours of practice management to meet requirements for continuing education. Such an interpretation is beyond the scope of a guidance document, so the recognition of courses in practice management would necessitate an amendment to rule. Second, the board was concerned that hours of practice management would dilute the purpose of continuing education, which is to ensure that licensees remain minimally competent to practice veterinary medicine. While practice management (and related) courses may be extremely valuable in effectively operating a veterinary establishment and managing employees, they are not essential to the mission of the board to protect patient health and safety. The board considered the advisability of increasing the hourly requirement and then recognizing practice management for the number of additional hours, but that would increase the burden on all licensees.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4468, or email leslie.knachel@dhp.virginia.gov.

VA.R. Doc. No. R18-36; Filed November 6, 2018, 1:16 p.m.