NOTICES OF INTENDED REGULATORY ACTION
Vol. 32 Iss. 6 - November 16, 2015

TITLE 1. ADMINISTRATION
Fraud and Abuse Whistle Blower Reward Fund Regulation
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Office of the State Inspector General intends to consider promulgating 1VAC42-30, Fraud and Abuse Whistle Blower Reward Fund Regulation. The purpose of the proposed action is to establish the criteria for the Fraud and Abuse Whistle Blower Reward Program and Fund, including eligibility requirements, award distribution amount, and administration of the fund. The fund is intended to pay state employees and citizens of the Commonwealth who witness, have evidence of, or suspect fraud, waste, and abuse in state agencies and institutions and report the wrongdoing or abuse. The regulations define the Fraud and Abuse Whistle Blower Reward Program and Fund and their administration by the Office of the State Inspector General.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 2.2-3014 of the Code of Virginia.

Public Comment Deadline: December 16, 2015.

Agency Contact: Julie C. Grimes, Communications Coordinator, Office of the State Inspector General, 101 North 14th Street, 7th Floor, Richmond, VA 23219, telephone (804) 625-3276, FAX (804) 371-0165, or email julie.grimes@osig.virginia.gov.

VA.R. Doc. No. R16-4186; Filed October 26, 2015, 3:39 p.m.
TITLE 12. HEALTH
Virginia Radiation Protection Regulations: Fee Schedule
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-490, Virginia Radiation Protection Regulations: Fee Schedule. The purpose of the proposed action is to update the regulation, including (i) amending registration fees for equipment inspected every three years; (ii) adding three categories and associated fees for the registration of nonmedical x-ray equipment, such as baggage, cabinet and analytical, and industrial x-ray equipment, and (iii) establish associated inspection frequencies.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-229.1 of the Code of Virginia.

Public Comment Deadline: December 16, 2015.

Agency Contact: Steve Harrison, Director, Division of Radiological Health, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8151, FAX (804) 864-8155, or email steve.harrison@vdh.virginia.gov.

VA.R. Doc. No. R16-4550; Filed October 26, 2015, 11:02 a.m.
TITLE 12. HEALTH
Waivered Services
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending 12VAC30-120, Waivered Services. The purpose of the proposed action is to update the regulation to accommodate changes in the industry and provide additional options to agencies and families, including (i) modifying the staff experience requirement by allowing providers to substitute a quality training program for nurses in place of the current six months of clinical experience; (ii) permitting families to use their authorized private duty nursing hours over the span of a week rather than limit them to 16 hours of private duty nursing services in a 24-hour period; and (iii) remove the current wording related to making up or rescheduling of missed hours.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Public Comment Deadline: December 16, 2015.

Agency Contact: Emily McClellan, Regulatory Supervisor, Department of Medical Assistance Services, Policy Division, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R16-4359; Filed October 23, 2015, 2:19 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing Dental Practice
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Dentistry intends to consider amending 18VAC60-20, Regulations Governing Dental Practice. The purpose of the proposed action is to amend the requirements for initial licensure and renewal of licensure to require passage of an examination on the laws and regulations governing the practice of dentistry. The goal of the planned regulatory action is to improve licensee familiarity with laws and regulations to facilitate compliance, reduce the number of complaints received, and eliminate some of the violations the board has found in adjudicating disciplinary matters.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400, 54.1-2709, and 54.1-2729 of the Code of Virginia.

Public Comment Deadline: December 16, 2015.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4538, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.

VA.R. Doc. No. R16-4392; Filed October 23, 2015, 2:20 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Prescription Monitoring Program
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Health Professions intends to consider amending 18VAC76-20, Regulations Governing the Prescription Monitoring Program. The purpose of the proposed action is to update the required version for reporting data electronically to the Prescription Monitoring Program (PMP) and include several new data elements in the report that have been identified as useful in tracking information and providing prescriber feedback reports. The intent of the regulatory action is to make the PMP an even more useful tool in the effort against prescription drug abuse in the Commonwealth.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-2520 of the Code of Virginia.

Public Comment Deadline: December 16, 2015.

Agency Contact: Ralph Orr, Program Manager, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4523, FAX (804) 527-4470, or email ralph.orr@dhp.virginia.gov.

VA.R. Doc. No. R16-4370; Filed October 16, 2015, 1:12 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Pharmacy
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the Practice of Pharmacy. The purpose of the proposed action is to prohibit advertising or soliciting in a manner that may jeopardize the health, safety, and welfare of a patient, including incentivizing or inducing a patient to transfer a prescription absent professional rationale by use of coupons, rebates, etc. The proposed action responds to a petition for rulemaking based on a concern about medication safety and errors because of incomplete drug profiles and drug utilization reviews.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: December 16, 2015.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R16-4549; Filed October 23, 2015, 2:24 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Veterinary Medicine
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Veterinary Medicine intends to consider amending 18VAC150-20, Regulations Governing the Practice of Veterinary Medicine. Pursuant to a periodic review of regulations, the purpose of the proposed action is to amend the regulation to organize requirements for greater clarity, update the descriptions and requirements for veterinary establishments consistent with current practices, and specify rules in accordance with board interpretation for ease of compliance. Amendments are intended to make licensure by endorsement less burdensome, ensure greater accountability and security for prescription drugs in the interest of public safety, and respond to public comment about the need for more informed consent in the performance of surgery and the use of preceptees in a veterinary establishment.

This Notice of Intended Regulatory Action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400 and 54.1-3804 of the Code of Virginia.

Public Comment Deadline: December 16, 2015.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Veterinary Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4468, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.

VA.R. Doc. No. R16-4496; Filed October 23, 2015, 2:25 p.m.