TITLE 11. GAMING

CHARITABLE GAMING BOARD

Initial Agency Notice

Title of Regulation: 11VAC15-40. Charitable Gaming Regulations.

Statutory Authority: § 18.2-340.15 of the Code of Virginia.

Name of Petitioner: Nathan A. Freels, Powerhouse Gaming.

Nature of Petitioner's Request: Petitioner requests that the Charitable Gaming Board amend Charitable Gaming Regulations to allow "for the calculation of Use of Proceeds be adjusted such that electronic pulltabs are calculated as 2% of the charitable gaming gross receipts specifically realized from the use of electronic pulltabs."

Agency Plan for Disposition of Request: The Charitable Gaming Board will consider this request at its next scheduled meeting following the public comment period. This meeting will occur on June 18, 2019.

Public Comment Deadline: April 7, 2019.

Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3983, or email michael.menefee@cdacs.virginia.gov.

VA.R. Doc. No. R19-26; Filed February 18, 2019, 12:31 p.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF AUDIOLOGY AND
SPEECH-LANGUAGE PATHOLOGY

Initial Agency Notice

Title of Regulation: 18VAC30-21. Regulations Governing Audiology and Speech-Language Pathology.

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

Name of Petitioner: Catherine Satterfield.

Nature of Petitioner's Request: To recognize health care organizations accredited by DNV-GL Healthcare for approval of continuing education.

Agency Plan for Disposition of Request: The petition will be published on March 18, 2019, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment ending April 17, 2019. 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 public comment period, which will be on a date in July yet to be determined.

Public Comment Deadline: April 17, 2019.

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. R19-29; Filed February 26, 2019, 9:43 a.m.

BOARD OF NURSING

Initial Agency Notice

Title of Regulation: 18VAC90-19. Regulations Governing the Practice of Nursing.

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

Name of Petitioner: Linda Thurby-Hay.

Nature of Petitioner's Request: To revise all regulations relating to the registration and practice of clinical nurse specialists.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition will be published on March 18, 2019, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment ending April 17, 2019. 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 public comment period, which is scheduled for May 21, 2019.

Public Comment Deadline: April 17, 2019.

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. R19-28; Filed February 26, 2019, 4:15 p.m.

BOARD OF PHYSICAL THERAPY

Agency Decision

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

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.

Name of Petitioner: Rosemarie Curley.

Nature of Petitioner's Request: To add the National Strength and Conditioning Association (NSCA) to the list of organizations approved as continuing education providers.

Agency Decision: Request granted.

Statement of Reason for Decision: At the board meeting on February 19, 2019, the board voted to refer the matter to the Legislative/Regulatory Committee for further review and to include the possible amendment in the Notice of Intended Regulatory Action that will be published pursuant to a periodic review of 18VAC112-20, Regulations Governing the Practice of Physical Therapy.

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. R19-14; Filed February 20, 2019, 10:16 a.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 Regulations.

Statutory Authority: § 18.2-270.2 of the Code of Virginia.

Name of Petitioner: Cynthia Ellen Hites.

Nature of Petitioner's Request: "I, Cynthia Ellen Hites, as a citizen of the Commonwealth of Virginia, pursuant to § 2.2-4007 of the Code of Virginia, do humbly submit this petition for the following amendment of Virginia Administrative Code 24VAC35-60-50. Currently, Virginia statute 24VAC35-60-50 D, 9 reads: 'D. Service providers may charge offenders for ignition interlock services at rates up to, but not to exceed, the following:... 9. $50 for violation resets, when the violation is determined to be the fault of the offender.' As the law exists, in the event of 'mouth alcohol,' machine malfunction, or one of the host of non-ethanol readings expected by interlock companies for compounds in personal hygiene products, ignition interlock providers can withhold citizens' ability to utilize their personal vehicle until they provide the interlock company $50. This is tantamount to extortion. Until all evidence can be considered in a court of law, a violation cannot be determined. Due to this fact, a violation reset fee cannot be collected until a 'violation' can be determined by a judge. I propose that 24VAC35-60-50, within section D, #9, which allows a $50 reset fee to be collected by ignition interlock providers, be removed in its entirety. Currently, ASAP case managers are precluded from considering or accepting any evidence aside from the devices' failed readings. Employing circular logic, Section IV of the VASAP Process and Procedures Manual states: 'Under no circumstances shall the ASAP accept any other means of clearing a failing BAC registered on an interlock device other than the device itself. This includes, but is not limited to preliminary breath test machines, urine screens, etc...' When a petition was filed in 2018 to allow case managers to consider additional evidence when citing a violation, VASAP's Richard Foy responded with the following statements: 'The petitioner is suggesting that ASAP case managers...accept and consider additional evidence submitted by the client to include such things as urine screens, blood tests, preliminary breath tests, and police or other eyewitness testimony. All of that is to be considered prior to determining whether an ignition interlock violation occurred. Doing this would raise some questions and concerns. That's something the court would consider, and VASAP is not going to be comfortable in considering those results because it tends to put us in a judicial role. We believe any additional information...would be best presented to the court in a non-compliance hearing...' Ignition interlock machines use inherently non-ethanol specific electrochemical fuel cell technology. This means an ethanol violation may be suspected by a case manager, but all evidence must be considered to determine an ethanol violation, and only a judge can make that determination upon preponderance of the evidence. Commissioners, please amend this statute and remove #9 from 24VAC35-60-50, section D. It's wholly unfair to charge Virginians a 'violation' reset fee prior to conviction. Very Sincerely, Cynthia Hites."

Agency Plan for Disposition of Request: The Commission on Virginia Alcohol Safety Action Program will consider this petition at its quarterly meeting on September 13, 2019.

Public Comment Deadline: June 28, 2019.

Agency Contact: Richard Foy, Regulatory Coordinator, 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. R19-27; Filed February 15, 2019, 11:59 a.m.