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: Todd Lacksonen.

Nature of Petitioner's Request: The petitioner requests that the Board of Medicine amend 18VAC85-21-40 to replace the requirement to co-prescribe naloxone with certain medications or conditions with a requirement to co-prescribe a federal Food and Drug Administration opioid-reversal agent.

Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on August 29, 2022. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment, which opens August 29, 2022, and closes September 19, 2022. The Board of Medicine will consider the petition and all comments in support or opposition at the next meeting after the close of public comment, currently scheduled for October 6, 2022.

Public Comment Deadline: September 19, 2022.

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

VA.R. Doc. No. PFR22-44; Filed July 27, 2022, 3:17 p.m.

Agency Decision

Title of Regulation: 18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.

Name of Petitioner: Michael Moates.

Nature of Petitioner's Request: The petitioner requests that the Board of Medicine amend 18VAC85-150-110, which provides the scope of practice for behavior analysts, to ban conversion therapy, shock therapy, and the use of a graduated electronic decelerator to modify behavior.

Agency Decision: Request denied.

Statement of Reason for Decision: The Board of Medicine considered the petition at its August 5, 2022, Executive Committee meeting and decided to take no action. Conversion therapy is already prohibited for all licensees of the Department of Health Professions. No regulation is necessary to enforce the statute. Additionally, the board can address any standard of care violations that may arise by the use of shock therapy or graduated electronic decelerators through its standard disciplinary provisions.

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. PFR22-31; Filed August 5, 2022, 4:29 p.m.