TITLE 3. ALCOHOLIC BEVERAGES

ALCHOLIC BEVERAGE CONTROL AUTHORITY

Initial Agency Notice

Title of Regulation: 3VAC5-50. Retail Operations.

Statutory Authority: § 4.1-103 of the Code of Virginia.

Name of Petitioner: Tom Stein, Deputy General Counsel for CLEAR.

Nature of Petitioner's Request: "CLEAR asks the Authority to consider amending 3VAC5-50-20 (proposed amendment below) of the Regulations of the Authority to recognize that licensed retailers of alcoholic beverages may utilize biometric identification, and specifically the patented processes of CLEAR, to make a determination of the legal age of a purchaser of alcoholic beverages. In addition to being far more reliable than human checking of identification, use of biometric verification processes is consistent with both the plain language and the spirit of the Virginia Alcoholic Beverage Control Act (the "Act") in ensuring that individuals under the legal age do not purchase alcohol.

3VAC5-50-20. Determination of Legal Age of Purchaser.

A. In determining whether a licensee, or his employee or agent, has reason to believe that a purchaser is not of legal age, the board will consider, but is not limited to, the following factors: (1) Whether an ordinary and prudent person would have reason to doubt that the purchaser is of legal age based on the general appearance, facial characteristics, behavior and manner of the purchaser; and (2) Whether the seller demanded, was shown and acted in good faith in reliance upon bona fide evidence of legal age, as defined herein, and that evidence contained a photograph and physical description consistent with the appearance of the purchaser; and (3) Whether the seller verified the age of the purchaser through the use of a biometric identity verification device approved by the Authority where the biometric is referenced against a record described in paragraph B.

B. Such bona fide evidence of legal age shall include a valid motor vehicle driver's license issued by any state of the United States or the District of Columbia, armed forces identification card, United States passport or foreign government visa, valid special identification card issued by the Virginia Department of Motor Vehicles, or any valid identification issued by any other federal or state government agency, excluding student university and college identification cards, provided such identification shall contain a photograph and signature of the subject, with the subject's height and date of birth.

C. It shall be incumbent upon the licensee, or his employee or agent, to scrutinize carefully the identification, if presented, and determine it to be authentic and in proper order. Identification which has been altered so as to be apparent to observation or has expired shall be deemed not in proper order."

Agency Plan for Disposition of Request: In accordance with § 2.2-4007 B of the Code of Virginia, the petition has been filed with the Virginia Registrar of Regulations. The petition will be published in Volume 36 Issue 2 of the Virginia Register of Regulations on September 16, 2019. Public comment will be requested until October 8, 2019. Comment on the petition may be sent by email or postal mail or posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov. Following receipt of all comments on the petition to amend the regulation, the Alcoholic Beverage Control Authority Board will decide whether to make any changes to the regulatory language. This matter will be considered by the board when it next convenes following the end of the comment period (October 15, 2019). The board will issue a written decision on the petition within 90 days of the close of the comment period.

Public Comment Deadline: October 8, 2019.

Agency Contact: Latonya D. Hucks-Watkins, Legal Liaison, Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, or email latonya.hucks-watkins@abc.virginia.gov.

VA.R. Doc. No. R20-03; Filed August 21, 2019, 11:45 a.m.

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TITLE 12. HEALTH

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Initial Agency Notice

Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services.

Statutory Authority: § 37.2-203 of the Code of Virginia.

Name of Petitioner: R.C. Carter.

Nature of Petitioner's Request: To amend 12VAC35-105-520 (Risk management) in accordance with the Virginia Court of Appeals in Gregory Allen Moyer v. Commonwealth of Virginia (2000), "when interpreting the law one must consider other sections of law in determining legislative intent," in order that the new Office of Licensing Associate Director of State Operations develop and coordinate the oversight of the interpretation and implementation of the additional 42 policies and procedures that providers are required to have in writing in accordance with the HIPAA Act under Risk Analysis and Risk Management which can be found under the following sections 45 CFR 164.306, 45 CFR 164.308, 45 CFR 164.310, 45 CFR 164.312, 45 CFR 164.314, and 45 CFR 164.316.

Agency Plan for Disposition of Request: The State Board of Behavioral Health and Developmental Services will consider this petition at the next scheduled meeting after the close of the public comment period on October 9, 2019, at Western State Hospital, Staunton, Virginia.

Public Comment Deadline: October 6, 2019.

Agency Contact: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, 1220 Bank Street, 11th Floor, Richmond, VA 23219, telephone (804) 225-2252, or email ruthanne.walker@dbhds.virginia.gov.

VA.R. Doc. No. R20-05; Filed August 27, 2019, 9:44 a.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF DENTISTRY

Initial Agency Notice

Title of Regulation: 18VAC60-21. Regulations Governing the Practice of Dentistry.

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

Name of Petitioner: Deborah Blanchard, DDS.

Nature of Petitioner's Request: To delete the requirements for the dentist to be present in the facility and to examine a patient during the time services are being provided (18VAC60-21-120 D).

Agency Plan for Disposition of Request: The petition will be published on September 16, 2019, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment, ending October 15, 2019. The request to amend regulations and any comments for or against the petition will be considered by the board at the first scheduled meeting after close of comment, which will be December 13, 2019. The petitioner will receive information on the board's decision after that date.

Public Comment Deadline: October 15, 2019.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4437, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R20-04; Filed August 16, 2019, 3:22 p.m.