Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Agriculture and Consumer Services intends to consider amending 2VAC5-20, Standards for Classification of Real Estate as Devoted to Agricultural Use and to Horticultural Use under the Virginia Land Use Assessment Law. The purpose of the proposed action is to align regulations to changes to the Code of Virginia made by Chapter 504 of the 2018 Acts of Assembly, which amended the definition of real estate devoted to agricultural use and real estate devoted to horticultural use. The proposed amendments to the regulation include standards for determining whether real estate meets the expanded definition of real estate devoted to agricultural use or real estate devoted to horticultural use. Additionally, the commissioner will consider whether to continue to include in the regulation a requirement that real estate be used for a particular purpose for a minimum length of time before qualifying as real estate devoted to agricultural or horticulture use. If this requirement will continue to be included in the regulation, the commissioner will amend the regulation to conform to Chapter 504 and (i) include the use of similar property by a lessee of the owner in calculating such time and (ii) include a shorter minimum length of time for real estate with no prior qualifying use, provided that the owner submits a written document of the owner's intent regarding use of the real estate containing elements set out in the uniform standards. The proposed regulation will also provide standards for determining whether real estate meets these requirements.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (2018) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia 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; and (iii) is clearly written and easily understandable.

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

Statutory Authority: § 58.1-3230 of the Code of Virginia.

Public Comment Deadline: October 17, 2018.

Agency Contact: Kevin Schmidt, Director, Office of Policy, Planning, and Research, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1346, FAX (804) 371-7679, TTY (800) 828-1120, or email kevin.schmidt@vdacs.virginia.gov.

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, as well as other relevant regulations. The purpose of the proposed action is to comply with the 21st Century CURES Act (114 USC § 255), Item 306 YYYY of Chapter 836 of the 2017 Acts of Assembly, and Public Law 115-222 by requiring providers of personal assistance, respite, and companion services to use, effective January 1, 2020, electronic visit verification (EVV) systems. The EVV system selected by providers must comply with the federal requirements of the CURES Act and should meet best practices. The agency is considering using an open vendor model that allows managed care organizations and fee for service providers to use HIPAA compliant systems of their choice. This action will also modify regulatory service limits for personal assistance, respite, and companion services to comply with the functionality of EVV systems. Respite services rendered by Department of Behavioral Health and Developmental Services licensed providers are to be exempted from the EVV requirements by action of the General Assembly. The CURES Act mandates the use of EVV systems for home health services effective January 1, 2023.

The agency intends 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: October 17, 2018.

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 Common Interest Community Board intends to consider amending 18VAC48-60, Common Interest Community Board Management Information Fund Regulations. The purpose of the proposed action is to generally review the fund regulations, which outline registration, renewal, and annual reporting requirements for associations, to ensure that the regulations complement current Virginia law and reflect up-to-date administrative procedures and policies. The goals of the planned regulatory action are to review the existing regulations and propose revisions the board determines to be necessary and appropriate. The regulations will also be reviewed to ensure they achieve their intended objectives in the most efficient, cost effective manner and are clearly written and understandable. The board may propose other changes it identifies as necessary during the regulatory review process.

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

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

Public Comment Deadline: October 17, 2018.

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 of Counseling intends to consider amending 18VAC115-20, Regulations Governing the Practice of Professional Counseling; 18VAC115-50, Regulations Governing the Practice of Marriage and Family Therapy; and 18VAC115-60, Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners. The purpose of the proposed action is to provide a pathway for foreign-trained graduates in counseling to obtain licensure as a professional counselor, a marriage and family therapist, or a substance abuse treatment practitioner in Virginia. The board intends to adopt language similar to that adopted by the Board of Psychology, which provides that graduates of programs that are not within the United States or Canada can qualify for licensure if they can provide documentation from an acceptable credential evaluation service that allows the board to determine if the program meets the requirements set forth 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: October 17, 2018.

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 Board of Counseling intends to consider amending 18VAC115-20, Regulations Governing the Practice of Professional Counseling; 18VAC115-50, Regulations Governing the Practice of Marriage and Family Therapy; and 18VAC115-60, Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners. The purpose of the proposed action is to provide a pathway for foreign-trained graduates in counseling to obtain licensure as a professional counselor, a marriage and family therapist, or a substance abuse treatment practitioner in Virginia. The board intends to adopt language similar to that adopted by the Board of Psychology, which provides that graduates of programs that are not within the United States or Canada can qualify for licensure if they can provide documentation from an acceptable credential evaluation service that allows the board to determine if the program meets the requirements set forth 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: October 17, 2018.

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 Board of Counseling intends to consider amending 18VAC115-20, Regulations Governing the Practice of Professional Counseling; 18VAC115-50, Regulations Governing the Practice of Marriage and Family Therapy; and 18VAC115-60, Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners. The purpose of the proposed action is to provide a pathway for foreign-trained graduates in counseling to obtain licensure as a professional counselor, a marriage and family therapist, or a substance abuse treatment practitioner in Virginia. The board intends to adopt language similar to that adopted by the Board of Psychology, which provides that graduates of programs that are not within the United States or Canada can qualify for licensure if they can provide documentation from an acceptable credential evaluation service that allows the board to determine if the program meets the requirements set forth 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: October 17, 2018.

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.