NOTICES OF INTENDED REGULATORY ACTION
Vol. 36 Iss. 4 - October 14, 2019

TITLE 12. HEALTH
Regulation for the Licensure of Home Care Organizations
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 12VAC5-381, Regulation for the Licensure of Home Care Organizations. The purpose of the proposed action is to assess all current regulation content, including the informed consent contract, the qualifications and supervision of licensed and nonlicensed personnel, the complaint procedure for consumers, the provision and coordination of treatment and services provided by the organization, the clinical records kept by the organization, the utilization and quality control review procedures, and the arrangements for the continuing evaluation of the quality of care provided. This action may address comments received during the public comment period for this notice and subsequent stages of this action.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) 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a periodic review and small business impact review of this regulation to determine whether this regulation should be repealed, amended, or retained in its current form.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; (ii) minimizes the economic impact on small businesses 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: §§ 32.1-12 and 32.1-162.12 of the Code of Virginia.

Public Comment Deadline: November 13, 2019.

Agency Contact: Robert Payne, Director, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23230-4920, telephone (804) 367-2109, FAX (804) 527-4502, or email robert.payne@vdh.virginia.gov.

VA.R. Doc. No. R20-6178; Filed September 23, 2019, 3:45 p.m.
TITLE 12. HEALTH
Administration of Medical Assistance 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 12VAC30-20, Administration of Medical Assistance Services. The purpose of the proposed action is to establish a more formalized process by which to address administrative settlement agreements in a timely fashion. The proposed action will include (i) in 12VAC30-20-550, establishing the process for settlement agreement resolution between a Medicaid provider and the Department of Medical Assistance Services and (ii) amendments to the existing timelines, consistent with the new settlement agreement procedures, for issuing the informal decision in an informal administrative appeal or the recommended decision of the hearing officer in a formal administrative appeal.

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: November 13, 2019.

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.

VA.R. Doc. No. R20-5615; Filed September 18, 2019, 12:31 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Dental Hygiene
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 18VAC60-25, Regulations Governing the Practice of Dental Hygiene. The purpose of the proposed action is to adopt the protocol for dental hygienists employed by the Department of Behavioral Health and Developmental Services practicing under remote supervision of a dentist in accordance with Chapter 86 of the 2019 Acts of Assembly. The proposed action would also correct citations and update the protocol for the remote supervision of dental hygienists employed by the Virginia Department of Health.

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

Statutory Authority: §§ 54.1-2400 and 54.1-2722 of the Code of Virginia.

Public Comment Deadline: November 13, 2019.

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. R20-6044; Filed September 30, 2019, 10:32 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Physician 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 Medicine intends to consider amending 18VAC85-50, Regulations Governing the Practice of Physician Assistants. The purpose of the proposed action is to comply with amendments to the Code of Virginia, pursuant to Chapters 92 and 137 of the 2019 Acts of Assembly, that replace practice by a physician assistant under the supervision of a physician or a podiatrist with practice in collaboration and consultation with a patient care team physician or patient care team podiatrist.

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

Statutory Authority: §§ 54.1-2400 and 54.1-2951.1 of the Code of Virginia.

Public Comment Deadline: November 13, 2019.

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.

VA.R. Doc. No. R20-6083; Filed September 30, 2019, 10:33 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Physical Therapy
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 Physical Therapy intends to consider amending 18VAC112-20, Regulations Governing the Practice of Physical Therapy. The purpose of the proposed action is to adopt amendments necessary for participation by Virginia in the Physical Therapy Compact, which allows a physical therapist or physical therapist assistant who has obtained a compact privilege to practice in the Commonwealth without a Virginia license. To comply with compact rules, the proposed amendments require all applicants for licensure to have criminal background checks and all holders of a compact privilege to adhere to the laws and regulations governing practice in Virginia. As permitted by compact rules, the proposed amendments set the fee to obtain and renew a compact privilege in Virginia at $50, which is similar to the fee charged by other states.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.

Public Comment Deadline: November 13, 2019.

Agency Contact: Corie Tillman Wolf, 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.

VA.R. Doc. No. R20-6119; Filed September 18, 2019, 1:42 p.m.