NOTICES OF INTENDED REGULATORY ACTION
Vol. 41 Iss. 15 - March 10, 2025

TITLE 2. AGRICULTURE
Rules and Regulations for the Enforcement of the Virginia Commercial Feed Law
Notice of Intended Regulatory Action

TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER 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 Agriculture and Consumer Services intends to consider amending 2VAC5-360, Regulations for the Enforcement of the Virginia Commercial Feed Act. The purpose of the proposed action is to amend the regulation to replace the crude fiber requirement for pet and specialty pet food product labels with a required maximum guarantee of dietary fiber content. Currently, all commercial animal feed products are required to list a maximum crude fiber guarantee on product labels. The amendment being considered will be limited to pet and specialty pet food only and does not impact labeling requirements for other categories of commercial feed, which will still require a maximum crude fiber guarantee.

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

Statutory Authority: § 3.2-4801 of the Code of Virginia.

Public Comment Deadline: April 9, 2025.

Agency Contact: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.

VA.R. Doc. No. R25-8217; Filed February 06, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Prescription Monitoring Program
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

DEPARTMENT OF HEALTH PROFESSIONS

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Health Professions intends to consider amending 18VAC76-20, Regulations Governing the Prescription Monitoring Program. The purpose of the proposed action is to amend the regulation to (i) reflect actual practice, (ii) change the time of submission of reports, (iii) reflect changes in federal and state law, (iv) combine provisions, and (v) eliminate certain requirements. The amendments being considered are result of a periodic review of the regulation.

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

Statutory Authority: § 54.1-2520 of the Code of Virginia.

Public Comment Deadline: April 9, 2025.

Agency Contact: Ashley Carter, Program Manager, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233-1463, telephone (804) 597-4282, or email ashley.carter@dhp.virginia.gov.

VA.R. Doc. No. R24-7762; Filed February 05, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Physician Assistants
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

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 remove the requirement that the patient care team physician or podiatrist name appear on prescriptions issued by physician assistants for Schedules II through V drugs in response to a petition for rulemaking.

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: April 9, 2025.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, FAX (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

VA.R. Doc. No. R25-7655; Filed February 05, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Physician Assistants
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

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 amend 18VAC85-50-110 to reduce requirements for consultation and collaboration with the patient care team physician or podiatrist in response to a petition for rulemaking.

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: April 9, 2025.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, FAX (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

VA.R. Doc. No. R25-7656; Filed February 05, 2025
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Nursing
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

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 Nursing intends to consider amending 18VAC90-19, Regulations Governing the Practice of Nursing. The purpose of the proposed action is to implement amendments identified during the 2022 periodic review of the regulation. The changes being considered include (i) removing outdated provisions that conflict with the Code of Virginia or are redundant of requirements in the Code of Virginia; (ii) clarifying language and terms regarding authorization letters, modes of board communication, and nursing refresher courses; (iii) removing fees and references to clinical nurse specialist (CNS) registrations in 18VAC90-19-30; (iv) expanding the time applicants may practice while an application for licensure is being processed; (v) revising provisional licensure requirements for consistency with nursing education provisions; (vi) combining requirements for inactive licensure and reinstatement of such inactive licenses; (vii) reviewing requirements for restricted volunteer licenses and registration for voluntary practice to ensure regulations are necessary and comport with statute; (viii) clarifying when receiving unauthorized assistance is unprofessional conduct and adding a requirement for proper documentation; and (ix) making nonsubstantive edits for clarity.

The agency does not intend 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: April 9, 2025.

Agency Contact: Claire Morris, RN, Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4665, or email claire.morris@dhp.virginia.gov.

VA.R. Doc. No. R23-7365; Filed February 05, 2025