NOTICES OF INTENDED REGULATORY ACTION
Vol. 32 Iss. 23 - July 11, 2016

TITLE 9. ENVIRONMENT
General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-890, General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems. The purpose of the proposed action is to amend and reissue the existing general permit, which expires on June 30, 2018. The general permit governs local governments, state agencies, and federal agencies that discharge stormwater from municipally owned separate storm sewer systems located within "urbanized areas" as designated by the U.S. Census Bureau.

In addition, pursuant to Executive Order 17 (2014) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; (iii) is designed to achieve its intended objective in the most efficient, cost-effective manner; (iv) is clearly written and easily understandable; and (v) overlaps, duplicates, or conflicts with federal or state law or regulation. Additional consideration will be given to the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation since the last review.

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

Statutory Authority: § 62.1-44.15:28 of the Code of Virginia.

Public Comment Deadline: August 10, 2016.

Agency Contact: Jaime Bauer, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4416, FAX (804) 698-5106, or email jaime.bauer@deq.virginia.gov.

VA.R. Doc. No. R16-4777; Filed June 22, 2016, 7:47 a.m.
TITLE 12. HEALTH
Standards Established and Methods Used to Assure High Quality Care
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 12VAC30-60, Standards Established and Methods Used to Assure High Quality Care. The purpose of the proposed action is to implement Chapter 413 of the 2014 Acts of Assembly, Item 301 QQQQ of Chapter 3 of the 2015 Acts of Assembly, and Item 306 PPP of Chapter 780 of the 2016 Acts of Assembly and to improve the preadmission screening process for individuals who will be eligible for long-term services and supports. The regulatory action may include (i) adding requirements for accepting screening requests, managing the screening process, and submitting findings from screenings completed by community and hospital preadmission screening (PAS) teams and contractors performing screenings; (ii) use of the electronic preadmission screening (ePAS) system; (iii) contracting with public or private entities to perform screenings that have not been completed within 30 days of an individual's request; (iv) contracting out community based screenings for children; (v) clarifying requirements of community and hospital PAS teams and screenings performed by these teams; and (vi) adding a definitions section.

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: August 10, 2016.

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. R16-4355; Filed June 21, 2016, 10:25 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Certification of Massage Therapists
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 Nursing intends to consider amending 18VAC90-50, Regulations Governing the Certification of Massage Therapists, as a result of the periodic review of regulations conducted by the board. The purpose of the proposed action is to clarify certain sections, offer additional options for completion of continuing education, require an attestation of compliance with laws and ethics for initial certification, and add provisions to the standards of conduct that may subject a regulant to disciplinary action. The Board of Nursing will initiate a separate regulatory action to amend the regulation in accordance with Chapter 324 of the 2016 Acts of Assembly, which requires that massage therapists be licensed, rather than certified.

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 54.1-3005 of the Code of Virginia.

Public Comment Deadline: August 10, 2016.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4515, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.

VA.R. Doc. No. R16-4739; Filed June 18, 2016, 11:19 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Delegation of Informal Fact-Finding Proceedings to an Agency Subordinate
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 (i) amending 18VAC110-20, Regulations Governing the Practice of Pharmacy, and 18VAC110-50, Regulations Governing Wholesale Distributors, Manufacturers, and Warehousers and (ii) adopting 18VAC110-16, Regulations Governing the Delegation of Informal Fact-Finding Proceedings to an Agency Subordinate, and 18VAC110-25, Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians. The purpose of the proposed action is to (i) reduce the size and complexity of 18VAC110-20 by moving some of the provisions of that chapter into new chapters and (ii) amend 18VAC110-20 and 18VAC110-50 to clarify certain requirements, incorporate provisions currently found in guidance documents, and update and streamline requirements where possible. Provisions relating to the licensure of pharmacists and registration of pharmacy technicians and certain general provisions will be moved from 18VAC110-20 to new chapter 18VAC110-25. Additionally, 18VAC110-20-15, relating to criteria for delegation of informal fact-finding proceedings to an agency subordinate, will be moved into new chapter 18VAC110-16 because it applies to all types of licensees, registrants, and permit holders regulated by the board.

The regulatory action being considered is in response to a periodic review of the regulations, and 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 54.1-3307 of the Code of Virginia.

Public Comment Deadline: August 10, 2016.

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. R16-4673; Filed June 18, 2016, 11:20 a.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 (i) amending 18VAC110-20, Regulations Governing the Practice of Pharmacy, and 18VAC110-50, Regulations Governing Wholesale Distributors, Manufacturers, and Warehousers and (ii) adopting 18VAC110-16, Regulations Governing the Delegation of Informal Fact-Finding Proceedings to an Agency Subordinate, and 18VAC110-25, Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians. The purpose of the proposed action is to (i) reduce the size and complexity of 18VAC110-20 by moving some of the provisions of that chapter into new chapters and (ii) amend 18VAC110-20 and 18VAC110-50 to clarify certain requirements, incorporate provisions currently found in guidance documents, and update and streamline requirements where possible. Provisions relating to the licensure of pharmacists and registration of pharmacy technicians and certain general provisions will be moved from 18VAC110-20 to new chapter 18VAC110-25. Additionally, 18VAC110-20-15, relating to criteria for delegation of informal fact-finding proceedings to an agency subordinate, will be moved into new chapter 18VAC110-16 because it applies to all types of licensees, registrants, and permit holders regulated by the board.

The regulatory action being considered is in response to a periodic review of the regulations, and 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 54.1-3307 of the Code of Virginia.

Public Comment Deadline: August 10, 2016.

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. R16-4673; Filed June 18, 2016, 11:20 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians
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 (i) amending 18VAC110-20, Regulations Governing the Practice of Pharmacy, and 18VAC110-50, Regulations Governing Wholesale Distributors, Manufacturers, and Warehousers and (ii) adopting 18VAC110-16, Regulations Governing the Delegation of Informal Fact-Finding Proceedings to an Agency Subordinate, and 18VAC110-25, Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians. The purpose of the proposed action is to (i) reduce the size and complexity of 18VAC110-20 by moving some of the provisions of that chapter into new chapters and (ii) amend 18VAC110-20 and 18VAC110-50 to clarify certain requirements, incorporate provisions currently found in guidance documents, and update and streamline requirements where possible. Provisions relating to the licensure of pharmacists and registration of pharmacy technicians and certain general provisions will be moved from 18VAC110-20 to new chapter 18VAC110-25. Additionally, 18VAC110-20-15, relating to criteria for delegation of informal fact-finding proceedings to an agency subordinate, will be moved into new chapter 18VAC110-16 because it applies to all types of licensees, registrants, and permit holders regulated by the board.

The regulatory action being considered is in response to a periodic review of the regulations, and 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 54.1-3307 of the Code of Virginia.

Public Comment Deadline: August 10, 2016.

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. R16-4673; Filed June 18, 2016, 11:20 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing Wholesale Distributors, Manufacturers, and Warehousers
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 (i) amending 18VAC110-20, Regulations Governing the Practice of Pharmacy, and 18VAC110-50, Regulations Governing Wholesale Distributors, Manufacturers, and Warehousers and (ii) adopting 18VAC110-16, Regulations Governing the Delegation of Informal Fact-Finding Proceedings to an Agency Subordinate, and 18VAC110-25, Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians. The purpose of the proposed action is to (i) reduce the size and complexity of 18VAC110-20 by moving some of the provisions of that chapter into new chapters and (ii) amend 18VAC110-20 and 18VAC110-50 to clarify certain requirements, incorporate provisions currently found in guidance documents, and update and streamline requirements where possible. Provisions relating to the licensure of pharmacists and registration of pharmacy technicians and certain general provisions will be moved from 18VAC110-20 to new chapter 18VAC110-25. Additionally, 18VAC110-20-15, relating to criteria for delegation of informal fact-finding proceedings to an agency subordinate, will be moved into new chapter 18VAC110-16 because it applies to all types of licensees, registrants, and permit holders regulated by the board.

The regulatory action being considered is in response to a periodic review of the regulations, and 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 54.1-3307 of the Code of Virginia.

Public Comment Deadline: August 10, 2016.

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. R16-4673; Filed June 18, 2016, 11:20 a.m.