TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Initial Agency Notice

Title of Regulation: 18VAC85-21. Regulations Governing Prescribing of Opioids and Buprenorphine.

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.

Name of Petitioner: Dr. Lee Tannenbaum.

Nature of Petitioner's Request: To amend 18VAC85-21-150 I to allow prescribing of up to the federal Food and Drug Administration approved limit of 32 mg QD (one a day).

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition will be filed with the Registrar of Regulations and published on December 23, 2019, and posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov. Comment on the petition will be requested until January 22, 2020, and may be posted on the Town Hall or sent to the board. Following receipt of all comments on the petition to amend regulations, the matter will be considered by the full board at its meeting in February of 2020.

Public Comment Deadline: January 22, 2020.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, or email william.harp@dhp.virginia.gov.

VA.R. Doc. No. R20-19 Filed December 2, 2019, 4:21 p.m.

BOARD OF COUNSELING

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: Rev. Steven Giddens.

Nature of Petitioner's Request: To amend 18VAC115-20-52 to eliminate the restriction on residents' ability to directly bill for their services.

Agency Decision: Request denied.

Statement of Reason for Decision: In accordance with Virginia law, the petition was filed with the Registrar of Regulations and published on September 30, 2019, with comment requested until October 25, 2019. The petition and all comment received in support or opposition were reviewed at the board meeting on November 25, 2019. The board decided to take no action based on its concern that direct billing by residents is contrary to the reimbursement policy of the Department of Medical Assistance Services and other third-party payors, and that it might incentivize residents to engage in independent practice without appropriate supervision.

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. R20-07 Filed November 25, 2019, 9:26 a.m.

Agency Decision

Title of Regulation: 18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy.

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

Name of Petitioner: David and Suzanne Mikkelson.

Nature of Petitioner's Request: To amend 18VAC115-50-55 to reduce the required internship number of hours of experience with couples and families from 200 of the 240 to 120 of the required 240 hours.

Agency Decision: Request denied.

Statement of Reason for Decision: The board reviewed all comments and discussed the request at its meeting on November 22, 2019. While board members expressed an understanding of the challenge that the requirement can present, the board reiterated the need for someone seeking a license as a marriage and family therapist to have significant direct client contact with couples and families. Therefore, its decision was to not initiate rulemaking. In adopting proposed amendments resulting from an overall review of regulations, the board has proposed to allow a person who was unable to complete all required hours in an internship to make up the deficient hours in the person's residency. Once the proposed regulations are finalized, that may alleviate the problem some applicants have faced.

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

VA.R. Doc. No. R20-11 Filed November 25, 2019, 9:18 a.m.