Vol. 31 Iss. 18 - May 04, 2015



Agency Decision

Title of Regulation: 2VAC5-110. Rules and Regulations Pertaining to a Pound or Enclosure to Be Maintained by Each County or City.

Statutory Authority: § 3.2-6546 of the Code of Virginia.

Name of Petitioner: No Kill Advocacy Center.

Nature of Petitioner's Request: The petitioner is requesting that the Board of Agriculture and Consumer Services amend the regulation to require that public and private animal shelters keep certain records for five years and make those records available for inspection by the board and the public. The petitioner requests that the regulation be amended to require that public and private animal shelters record "when and how each animal was taken in (stray, owner surrendered, taken in at the shelter, picked up in the field, etc.), why the animal was taken in (e.g., the owner did not want) and include a signed surrender form for anyone turning in an animal, the condition of each animal on intake, whether the animal had indicia of ownership and what attempts were made to reunite the animal with the owner, the kinds of care and treatment each animal received, including veterinary treatment, the disposition of each animal, and if the animal was killed, when and why the animal was killed."

Agency Decision: Request denied.

Statement of Reason for Decision: After considering the analysis and recommendation of the Virginia Department of Agriculture and Consumer Services staff; the nature of the comments received during the public comment period; and the comments offered by representatives of the Virginia Animal Control Association, the Virginia Alliance for Animal Shelters, and the Danville Area Humane Society during the board meeting, the board voted to deny the petition. The board denied the petitioner's request for rulemaking because the majority of the recordkeeping requirements requested in the petition are already required by the Code of Virginia or the Virginia Administrative Code. Specifically, §§ 3.2-6503, 3.2-6546, 3.2-6548, 3.2-6557, and 54.1-3423 of the Code of Virginia as well as 18VAC110-20 include provisions requiring certain recordkeeping by public and private animal shelters.

Agency Contact: Dr. Carolynn Bissett, Acting Program Manager, Animal Care and Emergency Response, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2483, or email

VA.R. Doc. No. R15-20; Filed April 9, 2015, 10:28 a.m.

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Initial Agency Notice

Title of Regulation: 18VAC85-50. Regulations Governing the Practice of Physician Assistants.

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

Name of Petitioner: Cara English.

Nature of Petitioner's Request: Replace requirement for National Commission on Certification of Physician Assistants (NCCPA) certification with other measure(s) of continuing competency for renewal of physician assistant licensure.

Agency Plan for Disposition of Request: The petition will be published on May 4, 2015, in the Register of Regulations and also posted on the Virginia Regulatory Town Hall at to receive public comment ending May 25, 2014. Following receipt of all comments on the petition to amend regulations, the matter will be considered by the Advisory Board on Physician Assistants, which will decide whether to recommend any changes to the regulatory language. This matter will be on the advisory board's agenda for its meeting on June 4, 2015, and on the full board's agenda on June 18, 2015.

Public Comment Deadline: May 24, 2015.

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

VA.R. Doc. No. R15-28; Filed April 15, 2015, 11:38 a.m.