TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Initial Agency Notice
Title of Regulation: 2VAC5-685. Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act.
Statutory Authority: § 3.2-3906 of the Code of Virginia.
Name of Petitioner: Virginia Pest Management Association.
Nature of Petitioner's Request: The petitioner requests that the Board of Agriculture and Consumer Services promulgate regulations that (i) create a new category or subcategory of pesticide certification for commercial applicators who conduct public health pest control measures in non-public applications and (ii) adjust training and examination requirements between this new category or subcategory and the area-wide applications made or directed by public agencies in support of area-wide public health pest control objectives to best reflect the unique applications intended and expected pursuant to each such category or subcategory.
Agency Plan for Disposition of Request: The Board of Agriculture and Consumer Services will consider this request at the next scheduled board meeting following the public comment period. This meeting will occur on December 11, 2025.
Public Comment Deadline: November 10, 2025.
Agency Contact: Kevin Schmidt, Board Secretary, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Suite 219, Richmond, VA 23219, telephone (804) 786-1346, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
VA.R. Doc. No. PFR26-06; Filed September 25, 2025, 10:39 a.m.
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TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
Virginia Alcoholic Beverage Control Authority
Initial Agency Notice
Title of Regulation: 3VAC5-50. Retail Operations.
Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Name of Petitioner: Virginia Restaurant, Lodging, and Travel Association.
Nature of Petitioner's Request:
"Dear Members of the Board,
Pursuant to 3VAC5-11-60, I write on behalf of the Virginia Restaurant, Lodging, and Travel Association (VRLTA) to petition the Board of the Alcoholic Beverage Control Authority to consider a regulatory change.
VRLTA, which represents thousands of restaurants, hotels, and hospitality businesses across the Commonwealth, respectfully requests that the Board consider amending 3VAC5-50-160 to allow restaurants and other on-premises licensees to offer reduced-price alcoholic beverages until 12:00 a.m., instead of the current 9:00 p.m. cutoff. This modest but important change would modernize outdated regulations, strengthen small businesses, and maintain the Commonwealth's strong public safety protections.
Virginia has made progress in updating its happy-hour rules in recent years—for example, permitting broader advertising flexibility. However, the fixed 9:00 p.m. cutoff remains a relic of an earlier era. Consumer behavior, dining habits, and late-night transportation options have all evolved significantly. Today, guests dine later, and late-evening business has become essential for many operators struggling with inflation, workforce shortages, and post-pandemic recovery.
The original intent of the 9:00 p.m. restriction was to protect public safety. That remains our shared priority. However, the data show that Virginia has continued to make progress in combating impaired driving. Traffic fatalities decreased nearly 10% from 2022 to 2023, from 1,005 down to 907. DUI convictions dropped as well, by roughly 11% between 2021 and 2023 from 15,988 to 14,246.
While alcohol-related crash numbers fluctuate year to year, overall enforcement, training, and deterrence are working. Combined with widespread rideshare services and the industry's commitment to responsible service, a midnight extension can be implemented safely and effectively.
The hospitality industry is one of Virginia's largest private-sector employers and economic drivers. Virginia hosts approximately 16,900 eating and drinking establishments, employing over 304,000 people. Our industry, many of whom are your licensees, generates $34.6 billion in annual restaurant and food service sales, generating $5.7 billion in state and local taxes. Every dollar spent in Virginia restaurants contributes $1.71 to the state economy. Extending happy hour flexibility until midnight would provide a vital boost to operators, helping businesses keep doors open during slower hours, support payrolls, and strengthen the late-night economy in Virginia’s communities.
Guardrails for safety remain in place. VRLTA supports keeping all current prohibitions intact, including bans on unlimited drinks, below-cost sales, and drinking games. We also support clear communication of happy-hour hours, ongoing ID checks, and strong enforcement of responsible-service training.
We respectfully urge the Board to initiate rulemaking to amend 3VAC5-50-160 E by replacing '9 p.m.' with '12 a.m.' for on-premises licensees. This update would provide Virginia's restaurants and hospitality businesses with much-needed flexibility while continuing to protect the public. Thank you for your consideration and for your continued work balancing safety and economic vitality. VRLTA and our members stand ready to provide testimony, industry data, or suggested draft language as you deliberate.
Respectfully,
Eric Terry
President
Virginia Restaurant, Lodging, and Travel Association"
Agency Plan for Disposition of Request: The Virginia Alcoholic Beverage Control Authority shall review the petition, relevant data and research, and any public comment received to make a determination whether the proposal in the petition is in the best interest of the Commonwealth.
Public Comment Deadline: November 11, 2025.
Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Virginia Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, fax (804) 213-4574, or email latonya.hucks-watkins@virginiaabc.com.
VA.R. Doc. No. PFR26-10; Filed September 29, 2025, 9:48 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 and 37.2-400 of the Code of Virginia.
Name of Petitioner: R.C. Carter.
Nature of Petitioner's Request: The petitioner requests that the State Board of Behavioral Health and Developmental Services amend 12VAC35-105-1840 C 3 to allow crisis stabilization units to base nursing coverage on an individualized services plan driven, two-tier nursing model.
According to the petitioner:
This amendment will align the Department of Behavioral Health and Developmental Services (DBHDS) regulations with Department of Medical Assistance Services (DMAS) standards, which base nursing coverage on the initial nursing assessment and ISP, and will help ensure that crisis stabilization services remain both safe and financially sustainable across the Commonwealth.
Nursing Requirement and Financial Impact Analysis.
Under the DMAS Comprehensive Crisis Services Manual (Appendix G), crisis stabilization units must provide in-person nursing services 24 hours a day, seven days a week when required by the initial nursing assessment and individualized service plan (ISP). However, a detailed financial review demonstrates that meeting this standard for every client, regardless of actual clinical need, creates unavoidable deficits when all required professionals are considered.
A registered nurse (RN) or licensed practical nurse (LPN) paid between $35 and $40 per hour costs about $840 to $960 per day, or $4,200 to $4,800 over a five-day stay. In addition, a qualified mental health professional (QMHP) at roughly $20 per hour adds about $160 per day ($800 per five days); a certified substance abuse counselor (CSAC) at $25 per hour adds $200 per day ($1,000 per five days); and a licensed mental health professional (LMHP) at $30 per hour adds $240 per day ($1,200 per five days). Together, these staff drive a combined direct cost of roughly $1,440 per day (or $7,200 over five days) before any employer burden such as payroll taxes, overtime differentials, benefits, workers' compensation, or professional liability insurance is applied.
When compared with the fixed DMAS reimbursement of $847.04 per day (about $4,235 for five days), even the most conservative scenario falls short. For example, an RN at $30 per hour yields a narrow daily surplus of about $127 before fringe costs. But at more realistic market wages, which are around $40 per hour in line with Bureau of Labor Statistics data, the nursing expense alone creates a daily loss of more than $112, or about $41,230 annually per client. Once the required QMHP, CSAC, and LMHP staffing is included, the gap widens dramatically. With modest employer overhead (approximately 30% for taxes, benefits, and insurance), the daily cost climbs toward $1,875, producing a loss of over $1,000 per day, or $5,000 for each five-day admission.
This analysis confirms three critical points. First, the true breakeven wage for 24 hours per day, seven days per week nursing is approximately $35.29 per hour, and even at that rate, sustainability disappears when employer costs and additional staff are added. Second, the DMAS reimbursement structure cannot absorb market-based wages and required professional coverage. Third, aligning staffing with the results of the initial nursing assessment and each client's ISP, as DMAS already permits, is the only way to preserve both safety and financial viability.
In summary, when all required professionals, that is, RN/LPN, QMHP, CSAC, and LMHP, are included, the actual cost of a single five-day crisis stabilization stay far exceeds DMAS reimbursement. Without regulatory flexibility to implement an ISP-driven, two-tier nursing model, providers face unavoidable and continuing losses, placing essential crisis services and timely access to care at risk throughout the Commonwealth.
Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on October 20, 2025. The petition will also be posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment. The public comment period opens October 20, 2025, and closes November 10, 2025.
The board will consider the petition and all comments at the next regular board meeting. Currently that meeting is scheduled for December 10, 2025. The petitioner will be notified of the board's decision no later than 14 days after that meeting.
Public Comment Deadline: November 10, 2025.
Agency Contact: Susan Puglisi, Regulatory Research Specialist, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, telephone (804) 975-0538, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov.
VA.R. Doc. No. PFR26-09; Filed September 26, 2025, 3:52 p.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF SOCIAL WORK
Agency Decision
Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Sara Pearce.
Nature of Petitioner's Request: The petitioner requests that the Board of Social Work amend 18VAC140-20-150 to include a new subsection that would require (i) up to three transitional sessions, delivered in person or via synchronous telehealth, to be performed that shall not be less than 45 minutes; (ii) a written referral list of at least three outpatient providers that the licensee has confirmed are accepting new clients as a written crisis-response plan that includes resources 24 hours per day, seven days a week and instructions for emergency care; and (iii) at the client's request, the licensee shall make one good-faith contact with the client's new therapist to provide a summary of care and current risk factors consistent with confidentiality requirements.
Agency Decision: Request denied.
Statement of Reason for Decision: At its September 26, 2025, meeting, the board voted to take no action on the petition. The board felt that the petition is too limiting and not generalizable across all treatment termination processes.
Agency Contact: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4441, fax (804) 977-9915, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR26-07; Filed July 23, 2025, 12:46 p.m.
Agency Decision
Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Natalie Both.
Nature of Petitioner's Request: The petitioner requests that the Board of Social Work amend regulations to allow students to apply for pre-supervisory licensure up to 30 days prior to the official conferral of a required degree.
Agency Decision: Request denied.
Statement of Reason for Decision: At its September 26, 2025, meeting, the board voted to take no action on the petition. The board felt that tracking conferral of degrees after the application process has begun would be overly burdensome. Additionally, the risk of a license being awarded to an individual who does not have a degree ultimately conferred was a consideration for taking no action.
Agency Contact: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4441, fax (804) 977-9915, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR25-08; Filed April 28, 2025, 10:33 a.m.