TITLE 12. HEALTH
Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services
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 Behavioral Health and
Developmental Services intends to consider amending 12VAC35-105, Rules and
Regulations for Licensing Providers by the Department of Behavioral Health and
Developmental Services. The purpose of the proposed action is to comply
with the quality and risk management system requirements of the U.S. Department
of Justice's Settlement Agreement with Virginia (United States of America v.
Commonwealth of Virginia, Civil Action No. 3:12cv059-JAG) and develop and
implement a system to ensure that individuals in the Settlement Agreement
population who are receiving services in Virginia's public system of services
receive a level of care that is good quality, meets individuals' needs, and
helps individuals achieve positive outcomes. Quality improvement measures are
required of community services boards for services they provide, but those
services are not currently in the Department of Behavioral Health and
Developmental Services (DBHDS) licensing regulations for providers. The
proposed amendments will clarify and expand the requirements for the quality
practices for the health, safety, care, and treatment for adults who receive
services from DBHDS service providers.
The agency intends to hold a public hearing on the proposed
action after publication in the Virginia Register.
Statutory Authority: §§ 37.2-302 and 37.2-400 of
the Code of Virginia.
Public Comment Deadline: September 5, 2018.
Agency Contact: Emily Bowles, Legal Coordinator, Office
of Licensing, Department of Behavioral Health and Developmental Services, 1220
Bank Street, P.O. Box 1797, Richmond, VA 23218, telephone (804) 225-3281, FAX
(804) 692-0066, TTY (804) 371-8977, or email emily.bowles@dbhds.virginia.gov.
VA.R. Doc. No. R18-4381; Filed July 12, 2018, 9:52 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Dentistry
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 18VAC60-21,
Regulations Governing the Practice of Dentistry. The purpose of the
proposed action is to replace regulatory provisions specific to the advertising
of dental specialties with reference to the statutory language regarding the
use of trade names. Specifically being considered for removal are provisions
prohibiting (i) advertising a claim of a dental specialty unless it is approved
by the National Certifying Boards for Dental Specialists of the American Dental
Association and (ii) representation by a dentist who does not hold specialty
certification that his practice is limited to providing services in such
specialty area without disclosing that he is a general dentist. The prohibition
of a claim of professional superiority remains in the regulation.
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: September 5, 2018.
Agency Contact: Sandra Reen, Executive Director, Board
of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone
(804) 367-4437, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.
VA.R. Doc. No. R18-5206; Filed July 5, 2018, 5:12 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Dentistry
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 18VAC60-21,
Regulations Governing the Practice of Dentistry. The purpose of the
proposed action is to amend regulations relating to administration of sedation
or anesthesia in dental offices. The goals of the proposed action are greater
consistency and clarity of the requirements, depending on the level of sedation
and the risk to the patient, and closer alignment with the American Dental
Association Guidelines for the Use of Sedation and General Anesthesia. The
board intends to amend provisions that are problematic to dentists, such as
compliance with current regulations regarding special needs patients. The board
intends to incorporate guidelines and best practices for sedation and
anesthesia, such as the use of a three-person team in the operatory during
administration of moderate 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: September 5, 2018.
Agency Contact: Sandra Reen, Executive Director, Board
of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone
(804) 367-4437, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.
VA.R. Doc. No. R18-5513; Filed July 5, 2018, 5:12 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Dentistry
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 18VAC60-21,
Regulations Governing the Practice of Dentistry; 18VAC60-25, Regulations
Governing the Practice of Dental Hygiene; and 18VAC60-30, Regulations
Governing the Practice of Dental Assistants. The purpose of the
proposed action is to change the license renewal schedule from the set date of
March 31 to renewal in the licensee's birth month. The change will occur in the
calendar year after the effective date of the regulation. The intent is to
distribute the workload associated with renewal across a calendar year and to
make the renewal deadline easier for licensees to remember.
The agency does not intend 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: September 5, 2018.
Agency Contact: Sandra Reen, Executive Director, Board
of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone
(804) 367-4437, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.
VA.R. Doc. No. R18-5382; Filed July 5, 2018, 5:11 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Dental Assistants
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 18VAC60-21,
Regulations Governing the Practice of Dentistry; 18VAC60-25, Regulations
Governing the Practice of Dental Hygiene; and 18VAC60-30, Regulations
Governing the Practice of Dental Assistants. The purpose of the
proposed action is to change the license renewal schedule from the set date of
March 31 to renewal in the licensee's birth month. The change will occur in the
calendar year after the effective date of the regulation. The intent is to
distribute the workload associated with renewal across a calendar year and to
make the renewal deadline easier for licensees to remember.
The agency does not intend 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: September 5, 2018.
Agency Contact: Sandra Reen, Executive Director, Board
of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone
(804) 367-4437, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.
VA.R. Doc. No. R18-5382; Filed July 5, 2018, 5:11 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Dental Assistants
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 18VAC60-30,
Regulations Governing the Practice of Dental Assistants. The purpose of the
proposed action is to modify the educational qualifications for registration of
a dental assistant II by moving to a competency-based program in which basic
didactic course work is followed by clinical training under the direction and
supervision of a dentist who has successfully completed a calibration exercise
on evaluating the clinical skills of a student. The intent of the proposed
regulatory action is to make entry into the profession more accessible to
students and ensure greater consistency in their training and assurance of
competency.
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: September 5, 2018.
Agency Contact: Sandra Reen, Executive Director, Board
of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone
(804) 367-4437, FAX (804) 527-4428, or email
sandra.reen@dhp.virginia.gov.
VA.R. Doc. No. R18-5287; Filed July 17, 2018, 3:59 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations for the Funeral Service Internship Program
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 Funeral Directors and Embalmers intends to
consider amending 18VAC65-40, Regulations for the Funeral Service Internship
Program. The purpose of the proposed action is to provide clear,
enforceable regulations for the supervision and practice of interns so that
interns and funeral homes are not misleading the public about their status and
are being appropriately supervised to protect public health and safety in the
handling of human remains. The proposed action will amend 18VAC65-40-130 to (i)
indicate that training should be completed within a timeframe of 18 months
through 60 months and provide that the board will only consider extensions for
extenuating circumstances; (ii) reduce the initial intern supervisor
application fee to $25 but institute a yearly renewal fee of $25 to allow the
board to track active supervisors and make sure supervisors are in good
standing; and (iii) add a requirement that interns be identified as interns in
titles, correspondence, and communications with the public.
The agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.
Statutory Authority: §§ 54.1-2400 and 54.1-2817 of the
Code of Virginia.
Public Comment Deadline: September 5, 2018.
Agency Contact: Corie Tillman-Wolf, Executive Director,
Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300,
Richmond, VA 23233-1463, telephone (804) 367-4424, FAX (804) 527-4637,
or email corie.wolf@dhp.virginia.gov.
VA.R. Doc. No. R18-5595; Filed July 17, 2018, 4:00 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Optometry
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 Optometry intends to consider amending 18VAC105-20,
Regulations Governing the Practice of Optometry. The purpose of the
proposed action is to issue inactive licenses. The intent is to allow licensees
who are no longer practicing, either because they have located to another state
or have retired, to place their Virginia licenses in an inactive status, which
will allow them to reactivate should they decide to resume practice.
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: September 5, 2018.
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.
VA.R. Doc. No. R18-5434; Filed July 5, 2018, 5:13 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 regulate brown bagging of drugs requiring reconstitution or
compounding prior to administration and to set specific requirements for
specialty pharmacies participating in white bagging. The intent of the
regulatory action is to ensure drugs are appropriately dispensed and
administered.
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: September 5, 2018.
Agency Contact: Caroline Juran, RPh, Executive Director,
Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463,
telephone (804) 367-4456, FAX (804) 527-4472, or email
caroline.juran@dhp.virginia.gov.
VA.R. Doc. No. R18-5376; Filed July 5, 2018, 5:13 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Social Work
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 Social Work intends to consider amending
18VAC140-20, Regulations Governing the Practice of Social Work. The
purpose of the proposed action is to add hours in ethics or standards of
practice to address a concern about complaints against social workers, almost
all of which stem from an ethical issue or a failure to adhere to professional
standards of practice. Currently, 30 hours of continuing education are required
every two years for renewal of a clinical social work license and 15 hours of
continuing education are required for renewal of a social work license. A
minimum of two of those hours must pertain to ethics or the standards of
practice for the behavioral health professions or to laws governing the
practice of social work in Virginia. The proposed action increases continuing
education in ethics or the standards of practice for behavioral health
professions from a minimum of two hours to a minimum of six hours every two
years. The total hours of required continuing education would not change.
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: September 5, 2018.
Agency Contact: Jaime Hoyle, Executive Director, Board
of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463,
telephone (804) 367-4406, FAX (804) 527-4435, or email
jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. R18-5436; Filed July 17, 2018, 4:08 p.m.