Vol. 28 Iss. 5 - November 07, 2011



Agency Decision

Title of Regulation: 6VAC35-140. Standards for Juvenile Residential Facilities.

Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.

Name of Petitioner: Kate Duvall.

Nature of Petitioner's Request: The petitioner requests the Board of Juvenile Justice to amend its regulation regarding resident classification plans (6VAC35-140-440) in secure residential facilities to provide for a process that implements the policies of the board and is consistent with the goals of the juvenile justice system. The amended regulation should create a classification plan that has due process safeguards, provides for a meaningful ability for a resident's classification level to be lowered, takes into account and gives appropriate weight to factors other than the committing offense(s), and is derived from evidence-based and outcome driven research.

A copy of the full petition is available from Janet P. Van Cuyk, Virginia Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218-1110, FAX (804) 371-0773, or email

Agency Decision: Request denied.

Statement of Reason for Decision: On September 27, 2011, the Board of Juvenile Justice (board) voted to take no action on the petition for rulemaking. In deciding to deny the petition, the board stated that it did not want to initiate the rulemaking process for a change to 6VAC35-140-440 when there are three pending regulatory actions involving that regulatory chapter (proposed 6VAC35-41, 6VAC35-71, and 6VAC35-101). Since these proposed chapters are currently going through the regulatory process, the board expressed a desire to not create confusion by amending the existing regulation when those actions are not final.

Agency Contact: Janet Van Cuyk, Regulatory Coordinator, Department of Juvenile Justice, 700 Centre, 700 East Franklin Street, 4th Floor, Richmond, VA 23219, telephone (804) 371-4097, FAX (804) 371-0773, or email

VA.R. Doc. No. R11-49; Filed October 10, 2011, 3:09 p.m.

w  ––––––––––––––––––  w



Initial Agency Notice

Title of Regulation: 18VAC90-30. Regulations Governing the Licensure of Nurse Practitioners.

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

Name of Petitioner: Cathy Harrison, on behalf of the Virginia Association of Nurse Anesthetists.

Nature of Petitioner's Request: To review 18VAC90-30, Regulations Governing the Licensure of Nurse Practitioners, to eliminate inconsistencies and, to the extent possible within statutory provisions, ensure uniformity with current practice standards for nurse anesthetists.

Agency's Plan for Disposition of Request: In accordance with Virginia law, the petition was filed with the Register of Regulations for publication on November 7, 2011. Comment is requested until November 30, 2011. Following receipt of all comments on the petition to amend regulations, the petition request will be considered by the Board of Medicine at its meeting on December 2, 2011, and by the Board of Nursing at its meeting on January 24, 2012, to decide whether to make any changes to the regulatory language.

Public Comment Deadline: November 30, 2011.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email

VA.R. Doc. No. R12-10; Filed October 13, 2011. 9:50 a.m.