Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Medical Assistance Services has WITHDRAWN the Notice of Intended Regulatory Action (NOIRA) for 12VAC30-130, Amount, Duration and Scope of Selected Services, which was published in 30:10 VA.R.1286 January 13, 2014. The NOIRA is unnecessary as the agency is proceeding with this regulatory action through the fast-track rulemaking process under § 2.2-4012.1 of the Code of Virginia. The fast-track rulemaking action was published in 32:4 VA.R. 468-479 October 19, 2015.

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

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

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Safety and Health Codes Board intends to consider promulgating 16VAC25-200, Virginia Voluntary Protection Program. The purpose of the proposed action is to adopt definitions, rules, and standards required by § 40.1-49.13 of the Code of Virginia that are needed to operate the Virginia Voluntary Protection Program (VPP). The VPP is designed to recognize and promote exceptional safety and health management programs. In VPP, the Department of Labor and Industry's Occupational Safety and Health Program, management, and labor establish a cooperative relationship at a general industry or public sector workplace that has implemented a strong safety and health program.

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

Statutory Authority: § 40.1-49.13 of the Code of Virginia.

Public Comment Deadline: December 31, 2015.

Agency Contact: Regina P. Cobb, Agency Management Analyst Senior, Department of Labor and Industry, Main Street Centre, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-0610, FAX (804) 786-8418, or email cobb.regina@dol.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Common Interest Community Board intends to consider amending 18VAC48-70, Common Interest Community Ombudsman Regulations. The purpose of the proposed action is to consider amending the regulation pertaining to the timeframe for establishing the complaint process as well as to consider other revisions necessary to ensure that the regulations complement the current law, provide minimal burdens on regulants while still protecting the public, and reflect current procedures and policies of the Department of Professional and Occupational Regulation.

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

Statutory Authority: §§ 54.1-2349 and 55-530 of the Code of Virginia.

Public Comment Deadline: December 30, 2015.

Agency Contact: Trisha Henshaw, Executive Director, Common Interest Community Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Contractors intends to consider amending 18VAC50-30, Individual License and Certification Regulations. The purpose of the proposed action is to amend the current requirements for the approval of vocational training and continuing education providers, courses, and instructors. During the past two years the Board for Contractors has reviewed its education requirements for vocational training and continuing education providers. As part of a workgroup organized by the board for the purpose of reviewing the education standards, several recommendations were made that included the regular review of course content, audit requirements, security enhancements to ensure the identity of individuals taking the courses, standardized application procedures, and other changes that would enhance the effectiveness of the requirements.

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

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: December 30, 2015.

Agency Contact: Eric L. Olson, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email contractors@dpor.virginia.gov.

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 require that a dentist who administers conscious/moderate sedation or deep sedation/general anesthesia maintain a capnograph/end tidal CO₂ monitor in working order and immediately available to areas where patients will be sedated and recover from sedation.

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

Statutory Authority: §§ 54.1-2400 and 54.1-2709.5 of the Code of Virginia.

Public Comment Deadline: December 30, 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.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medicine intends to consider amending 18VAC85-150, Regulations Governing the Practice of Behavior Analysis. The purpose of the proposed action is to amend renewal requirements to match the continuing education required by the Behavior Analysis Certification Board. The amendments would change continuing education requirements from 24 hours for the biennial renewal to 32 hours for behavior analysts and from 16 to 20 hours for assistant behavior analysts. Four of those hours must be in ethics relating to professional practice.

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

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

Public Comment Deadline: December 30, 2015.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Optometry intends to consider amending 18VAC105-20, Regulations Governing the Practice of Optometry. The purpose of the proposed action is to require continuing education that improves the knowledge and skills of optometrists in managing patient care and their practices. The proposed action is intended to (i) allow optometrists to carry over up to 50% of the hours earned in excess of the 16 hours required for annual renewal to the next renewal year; (ii) require that at least 50% of the hours be taken in live or real-time interactive courses; (iii) allow one hour per year of practice management; (iv) require therapeutic pharmaceutical agent-certified optometrists to have 50% of their hours in coursework relating to ocular and general pharmacology, diagnostics and therapeutics, or advanced clinical procedures; and (v) allow passage of the Continued Professional Development Examination in Optometry count for a portion of the annual continuing education requirement.

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

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

Public Comment Deadline: December 30, 2015.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4508, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Physical Therapy intends to consider amending 18VAC112-20, Regulations Governing the Practice of Physical Therapy. The purpose of the proposed action is to incorporate into regulation the guidance on dry needling currently found in the board's Guidance Document 112-9, including the additional hours of training, the requirement for a medical referral, and the disclosure to patients on the difference between acupuncture and dry needling.

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

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

Public Comment Deadline: December 30, 2015.

Agency Contact: Lisa R. Hahn, Executive Director, Board of Physical Therapy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4674, FAX (804) 527-4413, or email ptboard@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Counseling intends to consider amending the following regulations:

18VAC115-20, Regulations Governing the Practice of Professional Counseling

18VAC115-30, Regulations Governing the Certification of Substance Abuse Counselors and Substance Abuse Counseling

18VAC115-40, Regulations Governing the Certification of Rehabilitation Providers

18VAC115-50, Regulations Governing the Practice of Marriage and Family Therapy

18VAC115-60, Regulations Governing the Practice of Licensed Substance Abuse Treatment Professionals.

The purpose of the proposed action is to address the need of the Board of Counseling to increase fees to cover expenses for essential functions of review of applications, licensing, investigation of complaints against licensees, and adjudication and monitoring of disciplinary cases required for public health and safety in the Commonwealth. Since the fees from licensees will no longer generate sufficient funds to pay operating expenses for the board, consideration of a fee increase is essential. In order to have sufficient funding for the operation of the board by fiscal year 2018, it is necessary to begin the process of promulgating amendments to regulations.

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

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

Public Comment Deadline: December 30, 2015.

Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, FAX (804) 527-4435, or email jaime.hoyle@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department for Aging and Rehabilitative Services intends to consider amending 22VAC30-80, Auxiliary Grants Program. The purpose of the proposed action is to allow for the implementation of third-party payments to auxiliary grant participants residing in assisted living facilities or adult foster care homes.

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

Statutory Authority: §§ 51.5-131 and 51.5-160 of the Code of Virginia.

Public Comment Deadline: December 30, 2015.

Agency Contact: Tishaun Harris-Ugworji, Program Consultant, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA, VA 23229, telephone (804) 662-7531, or email tishaun.harrisugworji@dars.virginia.gov.