Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Juvenile Justice intends to consider promulgating 6VAC35-200, Regulations Governing Youth Detained Pursuant to Federal Contracts. The purpose of the proposed action is to implement the mandate in Chapter 599 of the 2020 Acts of Assembly that directs the board to promulgate regulations governing the housing of youth who are detained in a juvenile correctional facility pursuant to a contract with the federal government and not committed to such juvenile correctional facility by a court of the Commonwealth. The proposed regulation applies to (i) locally operated juvenile detention centers that enter into contractual arrangements with federal entities to house and provide 24-hour supervision to youth under federal legal custody and (ii) state-operated juvenile correctional centers that adopt such programs. The proposed regulatory provisions impose minimum, enhanced standards for facilities that operate programs housing youth under federal legal custody to ensure additional protections for this vulnerable population of youth.

The agency does not intend to hold a public hearing following the publication of the proposed stage in the Virginia Register.

Statutory Authority: §§ 66-10 and 66-10.2 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Kristen Peterson, Regulatory Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 588-3902, FAX (804) 371-6490, or email kristen.peterson@djj.virginia.gov.

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 9VAC25-260, Water Quality Standards. The purpose of the proposed action is to update the regulation to reflect new scientific information and clarify the regulation. Proposed amendments include updating numerical and narrative criteria, use designations, classifications, site specific or special standards, and other standards and requirements and (ii) improving permitting, monitoring, and assessment programs.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (as amended July 16, 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business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be repealed, amended, or retained in its current form.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 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.

This notice serves as the notice of the triennial review pursuant to subdivision (3a) of § 62.1-44.15 of the Code of Virginia, the Clean Water Act (33 USC 1251 et seq.), and 40 CFR 131.

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

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1251 et seq.; 40 CFR 131.

Public Comment Deadline: March 31, 2021.

Agency Contact: David Whitehurst, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4121, or email david.whitehurst@deq.virginia.gov.

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 promulgating 12VAC5-402, Certification of Community Health Workers. The purpose of the proposed action is to promulgate a new regulation to establish the requirements for use of the title "certified community health worker," including training and education requirements, as required by Chapter 363 of the 2020 Acts of Assembly. Proposed amendments include (i) definitions for "community health workers" and "certified community health workers" as well as other relevant terminology, (ii) minimum training and education requirements to be considered a certified community health worker based on the core competences for community health worker certification used by national organizations and community based organizations in Virginia, and (iii) minimum standards required of a board-approved entity responsible for confirming certified community health workers and approving the training and education meeting community health worker certification requirements.

The agency does not intend to hold a public hearing following the publication of the proposed stage in the Virginia Register.

Statutory Authority: §§ 32.1-12 and 32.1-15.1 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Brenden Rivenbark, Senior Policy Analyst, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190, or email brenden.rivenbark@vdh.virginia.gov.

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 promulgating 12VAC5-416, Sexual Assault Survivor Treatment and Transfer Regulation. The purpose of the proposed action is to implement Chapter 725 of the 2020 Acts of Assembly, which requires the board to promulgate regulations to effectuate the act, specifically to establish the standards for review and approval of sexual assault survivor transfer plans, pediatric sexual assault survivor transfer plans, sexual assault survivor treatment plans, and pediatric sexual assault survivor treatment plans. As the requirement to have such plans extends to hospitals, clinics, and physician's offices, no existing regulatory chapter best fits this mandate; therefore the board intends to promulgate a new regulatory chapter for these standards.

The agency does not intend to hold a public hearing following the publication of the proposed stage in the Virginia Register.

Statutory Authority: §§ 32.1-12, 32.1-162.15:4, 32.1-162.15:5, and 32.1-162.15:6 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Rebekah E. Allen, Senior Policy Analyst, Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2102, FAX (804) 527-4502, or email regulatorycomment@vdh.virginia.gov.

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 promulgating 12VAC5-635, Rainwater Harvesting Systems Regulations. The purpose of the proposed action is to implement Chapter 817 of the 2018 Acts of Assembly, which requires the State Board of Health to adopt regulations regarding the use of gray water and rainwater. The proposed amendments regarding rainwater include (i) describing the conditions under which rainwater may be appropriately be used and for what purposes and (ii) providing standards for the use of rainwater harvesting systems. Rainwater harvesting systems include systems that collect rainwater for use by commercial enterprises but do not provide water for human consumption as that term is defined in § 32.1-67 of the Code of Virginia. Regulations pertaining to gray water will be addressed in a revision of 12VAC5-610, Sewage Handling and Disposal Regulations.

The agency does not intend to hold a public hearing following the publication of the proposed stage in the Virginia Register.

Statutory Authority: §§ 32.12 and 32.1-248.2 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Julie Henderson, Director of Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23235, telephone (804) 864-7455, FAX (804) 864-7475, TDD (800) 828-1120, or email julie.henderson@vdh.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 18VAC60-21, Regulations Governing the Practice of Dentistry. The purpose of the proposed action is to implement Chapters 37 and 220 of the 2020 Acts of Assembly, which define a digital scan technician, as used in teledentistry, and require the board to promulgate regulations for the education and training of technicians to practice under the supervision of a dentist licensed in Virginia. Proposed amendments include (i) establishing requirements for a board-approved training program, (ii) specifying the responsibility of the dentist for the practice of teledentistry and training and supervision of a digital scan technician, (iii) voluntary registration of digital scan technicians, and (iv) other changes necessary to implement the provisions of Chapter 37 and 220.

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: March 31, 2021.

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.

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 consider adoption of requirements for education and training in infection control for dental assistants I, which may entail coursework, continuing education, or certification by a nationally-recognized body. The proposed action is in response to a petition for rulemaking from the Virginia Dental Hygiene Program Directors' Consortium.

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: March 31, 2021.

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.

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 18VAC85-160, Regulations Governing the Licensure of Surgical Assistants and Registration of Surgical Technologists. The purpose of the proposed action is to provide for consistency with other licensed allied professions regulated by the Board of Medicine in the fee structure, continuing competency, inactive licensure and reactivation or reinstatement of a license, and standards of practice. Additionally, the board intends to amend regulations for renewal of registration for surgical technologists.

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

Statutory Authority: §§54.1-2400 and 54.1-2956.13 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

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 Long-Term Care Administrators intends to consider amending 18VAC95-20, Regulations Governing the Practice of Nursing Home Administrators, and 18VAC95-30, Regulations Governing the Practice of Assisted Living Facility Administrators. The purpose of the proposed action is to clarify and enhance training and supervision requirements for prospective nursing home and assisted living facility administrators receiving pre-licensure training in an Administrator-in-Training (AIT) program. Proposed amendments include (i) establishing an additional pathway for individuals to qualify for AIT training in the assisted living setting and to strengthen the current requirement for college or university coursework to include coursework in business or human services; (ii) requiring an 80-hour training course that is based on curriculum standards established by the National Association of Long Term Care Administrator Boards for both nursing home and assisted living AITs, with those training hours to count toward total AIT hours; (iii) offering continuing education credit for preceptors who supervise AITs; (iv) enhancing the training and continuing education received by both AITs and administrators related to mental impairments, including dementia and Alzheimer's; and (v) changes for clarity and consistency.

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: March 31, 2021.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4595, FAX (804)527-4413, or email corie.wolf@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Long-Term Care Administrators intends to consider amending 18VAC95-20, Regulations Governing the Practice of Nursing Home Administrators, and 18VAC95-30, Regulations Governing the Practice of Assisted Living Facility Administrators. The purpose of the proposed action is to clarify and enhance training and supervision requirements for prospective nursing home and assisted living facility administrators receiving pre-licensure training in an Administrator-in-Training (AIT) program. Proposed amendments include (i) establishing an additional pathway for individuals to qualify for AIT training in the assisted living setting and to strengthen the current requirement for college or university coursework to include coursework in business or human services; (ii) requiring an 80-hour training course that is based on curriculum standards established by the National Association of Long Term Care Administrator Boards for both nursing home and assisted living AITs, with those training hours to count toward total AIT hours; (iii) offering continuing education credit for preceptors who supervise AITs; (iv) enhancing the training and continuing education received by both AITs and administrators related to mental impairments, including dementia and Alzheimer's; and (v) changes for clarity and consistency.

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: March 31, 2021.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4595, FAX (804)527-4413, or email corie.wolf@dhp.virginia.gov.

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 18VAC110-60, Regulations Governing Pharmaceutical Processors. The purpose of the proposed action is to consider the adoption of a replacement regulation for the emergency regulation effective February 8, 2020, and published in this issue of the Virginia Register. Proposed amendments include (i) establishing provisions for cannabis dispensing facilities, including an application process and fee; (ii) allowing patients who are temporary residents to register; (iii) permitting access to cultivation areas of the processor when a pharmacist is not present; (iv) establishing standards for laboratories that provide testing to obtain a controlled substance registration; (v) permitting the sale of devices and inert sample products; (vi) allowing wholesale distribution between processors and dispensing facilities; and (vii) modifying other regulatory provisions as applicable to align with the statutory amendments and requirements of Chapter 1278.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3442.6 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804)367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

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 18VAC110-60, Regulations Governing Pharmaceutical Processors. The purpose of the proposed action is to consider amendments requested in a petition for rulemaking from the Virginia Medical Cannabis Coalition. The proposed amendments relate to requirements for pharmacy technicians, visitor policy, inventory, labeling, expiration dates on products, remediation of samples, and access for nonlicensed personnel. The board will consider if the proposed amendments facilitate the operation of a pharmaceutical processor without imposing any additional risk of harm or diversion to protect the health and safety of the public.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3442.6 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804)527-4472, or email caroline.juran@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 promulgating 18VAC115-90, Regulations Governing the Practice of Art Therapy. The purpose of the proposed action is to implement Chapter 301 of the 2020 Acts of Assembly, which requires the board to promulgate regulations governing the practice of art therapy and specifies that the credential that will be considered as qualification for licensure as an art therapist and as an art therapy associate. Proposed amendments include establishing (i) education, examination, and experience requirements for licensure; (ii) standards for confidentiality, patient records, dual relationships, and informed consent; and (iii) requirements similar to other licensed professions for a fee structure, renewal or reinstatement of licensure, continuing competency, supervision of persons in training, and standards of 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 54.1-3516 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

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 Social Work intends to consider amending 18VAC140-20, Regulations Governing the Practice of Social Work. The purpose of the proposed action is to consider amending the regulation to (i) eliminate all requirements for either supervised experience or active practice in another jurisdiction licensure by endorsement; (ii) eliminate requirements for a person whose license has been lapsed for 10 or more years to provide evidence of either active practice in another jurisdiction or in an exempt setting, or supervised practice of no less than 360 hours in a 12-month period for reinstatement or reactivation of licensure; and (iii) modify the standards of practice to specify that persons licensed by the board shall not engage in physical contact with a client when there is a likelihood of psychological harm to the client and shall not sexually harass a client.

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: March 31, 2021.

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.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider repealing 22VAC40-180, Voluntary Registration of Family Day Homes - Requirements for Providers and promulgating 22VAC40-181, Voluntary Registration of Family Day Homes - Requirements for Providers. The purpose of the proposed action is to replace the existing outdated regulation with a new regulation that incorporates current health and safety criteria; updates health and safety standards to include safe sleep practices; establishes caregiver training requirements to include CPR, First Aid certification, and medication administration of prescription medications; updates background check and tuberculosis screening requirements; and expands emergency preparedness procedures beyond just basic evacuation drills to protect children in care.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (as amended July 16, 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 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 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: §§ 63.2-217 and 63.2-1704 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Cynthia Carneal Heflin, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7140, or email cynthia.carneal@dss.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider repealing 22VAC40-180, Voluntary Registration of Family Day Homes - Requirements for Providers and promulgating 22VAC40-181, Voluntary Registration of Family Day Homes - Requirements for Providers. The purpose of the proposed action is to replace the existing outdated regulation with a new regulation that incorporates current health and safety criteria; updates health and safety standards to include safe sleep practices; establishes caregiver training requirements to include CPR, First Aid certification, and medication administration of prescription medications; updates background check and tuberculosis screening requirements; and expands emergency preparedness procedures beyond just basic evacuation drills to protect children in care.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (as amended July 16, 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 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 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: §§ 63.2-217 and 63.2-1704 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Cynthia Carneal Heflin, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7140, or email cynthia.carneal@dss.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending 22VAC40-325, Fraud Reduction/Elimination Effort. The purpose of the proposed action is to (i) rename the Fraud Reduction/Elimination Effort to the Statewide Fraud Control Program and (ii) change the methodology for reimbursement to local departments of social services for fraud control activities to reflect greater proportions for fraud control activities such as investigations initiated, claims established, or recovery of overpaid benefits.

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

Statutory Authority: §§ 63.2-217 and 63.2-526 of the Code of Virginia.

Public Comment Deadline: March 31, 2021.

Agency Contact: Susan Lloyd, Fraud Consultant, Department of Social Services, 1604 Santa Rosa Road, Henrico, VA 23229, telephone (804) 663-5526, or email susan.lloyd@dss.virginia.gov.