Regulatory Alert

TITLE 3. ALCOHOLIC BEVERAGES

ALCOHOLIC BEVERAGE CONTROL BOARD

Proposed Regulation

3VAC5-50. Retail Operations (amending 3VAC5-50-40, 3VAC5-50-50, 3VAC5-50-80, 3VAC5-50-100, 3VAC5-50-130, 3VAC5-50-140).

A public hearing will be held on October 6, 2008 at 11 a.m. at Alcoholic Beverage Control Board, 2901 Hermitage Avenue, Richmond, VA. Written public comments may be submitted to the Alcohol Beverage Control Board until October 17, 2008.

The proposed amendments (i) provide a process for licensees to apply for permission to employ individuals with certain criminal convictions, (ii) allow persons 18 and over to serve wine at a counter in establishments selling wine only, (iii) allow wine to be placed in containers of ice by farm wineries at wine festivals, (iv) simplify food requirements for grocery stores and convenience grocery stores, (v) simplify the limitations of nonmember use of licensed club facilities, and (vi) clarify the rules with respect to partially nude entertainers at licensed establishments to define the separation that must be maintained from customers, specify the minimum clothing required at mixed beverage establishments, and clarify that this regulation does not restrict legitimate theatrical productions.

For additional information, please contact W. Curtis Coleburn III, Chief Operating Officer, Department of Alcoholic Beverage Control, telephone (804) 213-4409, fax (804) 213-4411, TTY (804) 213-4687, or email curtis.coleburn@abc.virginia.gov.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF MINES, MINERALS AND ENERGY

Proposed Regulation

4VAC25-130. Coal Surface Mining Reclamation Regulations (amending 4VAC25-130-816.22, 4VAC25-130-816.43, 4VAC25-130-816.116, 4VAC25-130-817.22, 4VAC25-130-817.43, 4VAC25-130-817.116, 4VAC25-130-842.15).

Written public comments may be submitted to the Department of Mines, Minerals and Energy until 5 p.m. on October 3, 2008.

The proposed amendments will maintain consistency with corresponding federal regulations, allow more natural design of stream restoration channels, and clarify requirements for requesting reviews of decisions not to inspect or enforce. The sections being amended for consistency with federal regulations deal with redistribution of topsoil and topsoil substitutes, and measuring success of revegetation efforts.

For additional information, please contact David Spears, Regulatory Coordinator, Department of Mines, Minerals and Energy, telephone (804) 692-3212, fax (804) 692-3237, TTY (800) 828-1120, or email david.spears@dmme.virginia.gov.

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

DEPARTMENT OF CORRECTIONS

Proposed Regulation

6VAC15-80. Standards for Planning, Design, Construction and Reimbursement of Local Correctional Facilities (amending 6VAC15-80-10; adding 6VAC15-80-211).

Public comments may be submitted in writing to the Department of Corrections until 5 p.m. on October 17, 2008.

The proposed amendment allows local and regional correctional facilities to receive cost reimbursement, to define limits for required value management assessment studies that serve to keep construction costs lower while promoting quality and efficient designs. The value management assessment will analyze a project design including systems, products/materials used, quality, efficiency, functionality, long-term design, and operational needs beyond 10 years and cost.

For additional information, please contact Brooks Ballard, Architectural & Engineering Services, Department of Corrections, telephone (804) 674-3102, fax (804) 674-3529, or email brooks.ballard@vadoc.virginia.gov.

TITLE 10. FINANCE AND FINANCIAL INSTITUTIONS

STATE CORPORATION COMMISSION

Proposed Regulation

10VAC5-200. Payday Lending (adding 10VAC5-200-115).

A public hearing will be scheduled upon request.

The State Corporation Commission is proposing a regulation in connection with Chapter 849 of the 2008 Acts of Assembly, which generally amends the Payday Loan Act. Included in Chapter 849 are provisions that require licensed payday lenders to query a database before making a payday loan, and to pay a fee to the database provider in connection with each consummated loan. The amount of the database inquiry fee is required to be calculated in accordance with a schedule set by the commission. The proposed regulation specifies that the transaction fee will be no greater than $5.00.

For additional information, please contact E. J. Face, Jr., Bureau of Finance Commissioner, State Corporation Commission, telephone (804) 371-9659, fax (804) 371-9416, or email joe.face@scc.virginia.gov.

TITLE 12. HEALTH

BOARD OF HEALTH

Proposed Regulation

12VAC5-90. Regulations for Disease Reporting and Control (amending 12VAC5-90-80).

Written public comments may be submitted to the Board of Health until 5 p.m. on October 3, 2008.

This proposed amendment will make permanent an emergency regulation that went into effect on October 24, 2007. It requires laboratory directors to report methicillin-resistant Staphylococcus aureus (MRSA) infections confirmed from specimens collected from normally sterile sites of the body, which indicate a serious, invasive form of the infection.

For additional information, please contact Diane Woolard, Ph.D., Director, Disease Surveillance, telephone (804) 864-8124, or email diane.woolard@vdh.virginia.gov.

BOARD OF HEALTH

Proposed Regulation

12VAC5-490. Virginia Radiation Protection Regulations: Fee Schedule (amending 12VAC5-490-10, 12VAC5-490-20).

Public comments may be submitted in writing to the State Board of Health until 5 p.m. on September 19, 2008.

The proposed amendments increase X-ray machine registration fees and inspection fees for most X-ray machines; decrease inspection fees for veterinary, podiatric, and cephalometric machines; and include additional types of X-ray machines in the inspection fee schedule.

For additional information, please contact Les Foldesi, Director, Bureau of Radiological Health, Department of Health, telephone (804) 864-8151, fax (804) 864-8155, or email les.foldesi@vdh.virginia.gov.

DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION
AND SUBSTANCE ABUSE SERVICES

Proposed Regulation

12VAC35-200. Regulations for Respite and Emergency Care Admission to Mental Retardation Facilities (amending 12VAC35-200-10, 12VAC35-200-20, 12VAC35-200-30).

Written public comments may be submitted to the Department of Mental Health, Mental Retardation and Substance Abuse Services until 5 p.m. on October 3, 2008.

This action revises the statutory references to reflect the recent recodification of Title 37.1 to Title 37.2 of the Code of Virginia. Changes have been made to definitions of "authorized representative," and "mental retardation" and several other terms for clarity and consistency with the Code of Virginia and other regulations of the board. The application process and requirements for admissions for respite and emergency services have been clarified. The application materials are revised to require a statement from the individual, family member or authorized representative specifically requesting services in the facility.

For additional information, please contact Dawn Traver, Office of Mental Retardation Services, Department of Mental Health, Mental Retardation and Substance Abuse Services, telephone (757) 253-4316, fax (757) 253-5440, or email dawn.traver@co.dmhmrsas.virginia.gov.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF FUNERAL DIRECTORS AND EMBALMBERS

Proposed Regulation

18VAC65-20. Regulations of the Board of Funeral Directors and Embalmers (amending 18VAC65-20-10, 18VAC65-20-60, 18VAC65-20-435; adding 18VAC65-20-436).

A public hearing will be held on September 9, 2008 at 9 a.m. at the Department of Health Professions, Perimeter Center, 9960 Mayland Drive, 2nd Floor, Suite 201, Conference Room 1, in Richmond, Virginia. Written public comments may be submitted to the Board of Funeral Directors and Embalmers until October 3, 2008.

The proposed amendments include standards for crematories that are registered or are a part of a licensed funeral establishment to include requirements for (i) a manager of record who is a certified crematory operator and who is responsible for compliance with state and federal rules for crematories; (ii) certification of all persons who operate a retort; (iii) due diligence in the identification of the remains and authorization to cremate; (iv) safe and ethical operation of a crematory; (v) handling of human remains; and (vi) recordkeeping.

For additional information, please contact Lisa Russell Hahn, Executive Director, Board of Funeral Directors and Embalmers, telephone (804) 367-4424, fax (804) 527-4637, or email lisa.hahn@dhp.virginia.gov.

BOARD OF PHYSICAL THERAPY

Proposed Regulation

18VAC112-20. Regulations Governing the Practice of Physical Therapy (amending 18VAC112-20-90, 18VAC112-20-130, 18VAC112-20-131, 18VAC112-20-150; adding 18VAC112-20-81).

Written public comments may be submitted to the Board of Physical Therapy until 5 p.m. on October 3, 2008.

The proposed amendments (i) establish the qualifications and application requirements for certification in direct access; (ii) set out the responsibility for the physical therapist to obtain the medical release and patient consent required by the statute; (iii) establish a biennial renewal of certification with continuing education hours; and (iv) establish the fees for direct access certification. Pursuant to Chapter 18 of the 2007 Acts of Assembly, emergency regulations establishing requirements for certification in direct access care are currently in effect, but will expire October 31, 2008.

For additional information, please contact Lisa R. Hahn, Executive Director, Board of Physical Therapy, telephone (804) 367-4424, fax (804) 527-4413, or email lisa.hahn@dhp.virginia.gov.

BOARD OF PHYSICAL THERAPY

Proposed Regulation

18VAC112-20. Regulations Governing the Practice of Physical Therapy (amending 18VAC112-20-10, 18VAC112-20-40, 18VAC112-20-50, 18VAC112-20-60, 18VAC112-20-65, 18VAC112-20-70, 18VAC112-20-90, 18VAC112-20-120, 18VAC112-20-131, 18VAC112-20-135, 18VAC112-20-136, 18VAC112-20-140, 18VAC112-20-150; adding 18VAC112-20-160, 18VAC112-20-170, 18VAC112-20-180, 18VAC112-20-190, 18VAC112-20-200).

Written public comments may be submitted to the Board of Physical Therapy until 5 p.m. on October 3, 2008.

The proposed amendments clarify certain definitions and requirements for practice by physical therapists, simplify regulations for trainees, specify the additional training or course work required to retake the examination after three failures, add evidence of competency for licensure by endorsement, clarify the responsibilities of a physical therapist in the evaluation and discharge of a patient, modify the requirements for renewal or reinstatement of licensure, and add provisions on standards of professional practice and grounds for unprofessional conduct.

For additional information, please contact Lisa R. Hahn, Executive Director, Board of Physical Therapy, telephone (804) 367-4424, FAX (804) 527-4413, or email lisa.hahn@dhp.virginia.gov.

BOARD OF PSYCHOLOGY

Proposed Regulation

18VAC125-20. Regulations Governing the Practice of Psychology (amending 18VAC125-20-121, 18VAC125-20-122).

Written public comments may be submitted to the Virginia Board of Psychology until 5 p.m. on September 19, 2008.

The Board of Psychology (Board) proposes to make amendments to the regulation that include: (1) allowing licensees to satisfy continuing education requirements through courses that emphasize the ethics, standards of practice, or laws governing the profession of psychology in any state, not just in Virginia; (2) reducing the continuing education hours required to be face-to-face from seven to six (out of an annual continuing education requirement of fourteen hours) and allowing those face-to-face hours to be either face-to-face or real-time interactive1; (3) allowing the presentation of a seminar, workshop, or course, or the publication of an article or book in a recognized publication, be counted towards up to four hours of continuing education hours as long as the hours are credited only once for each unique course/piece and are not credited toward the face-to-face requirement; (4) allowing a maximum of 14 hours as continuing education to be accepted for an academic course directly related to the practice of psychology; (5) deleting the means by which course providers not listed as continuing education providers can apply for approval by the Board as continuing education providers.

For additional information, please contact Evelyn B. Brown, Executive Director, Department of Health Professions, telephone (804) 367-4697, fax (804) 327-4435, or email evelyn.brown@dhp.virginia.gov.

BOARD OF PSYCHOLOGY

Proposed Regulation

18VAC125-30. Regulations Governing the Certification of Sex Offender Treatment Providers (amending 18VAC125-30-50, 18VAC125-30-80).

Written public comments may be submitted to the Board of Psychology until 5 p.m. on October 3, 2008.

The proposed amendments (i) allow credit for supervised hours for licensed persons who are able to document that those hours were working with the sex offender population within the past 10 years and (ii) require that certified sex offender treatment providers have at least six hours of continuing education focused on the treatment of that population for annual renewal.

For additional information, please contact Evelyn B. Brown, Executive Director, Board of Psychology, telephone (804) 367-4697, FAX (804) 327-4435, or email evelyn.brown@dhp.virginia.gov.

BOARD OF VETERINARY MEDICINE

Proposed Regulation

18VAC150-20. Regulations Governing the Practice of Veterinary Medicine (amending 18VAC150-20-10, 18VAC150-20-15, 18VAC150-20-30, 18VAC150-20-70, 18VAC150-20-115, 18VAC150-20-120, 18VAC150-20-130, 18VAC150-20-140, 18VAC150-20-172, 18VAC150-20-180, 18VAC150-20-181, 18VAC150-20-190, 18VAC150-20-195, 18VAC150-20-200, 18VAC150-20-210, adding 18VAC150-20-121).

Written public comments may be submitted to the Board of Veterinary Medicine until 5 p.m. on October 3, 2008.

The proposed amendments (i) expand the criteria for cases that may be delegated to an agency subordinate for informal fact-finding; (ii) expand the courses and the provider list for approved continuing education; (iii) accept the accreditation by the Canadian Veterinary Medical Association for technician education; (iv) provide an additional alternative for meeting requirements for licensure by endorsement for veterinary technicians; (v) provide additional grounds for disciplinary action; (vi) clarify rules for delegation of veterinary tasks to unlicensed persons; (vii) establish rules for injection of microchips; (viii) allow biennial inventory to be performed by licensee other than the veterinarian-in-charge; (ix) clarify regulations for drug storage, recordkeeping and reconstitution; (x) clarify minimal requirements for a patient record; and (xi) define companion animals to include horses.

For additional information, please contact Elizabeth Carter, Executive Director, Board of Veterinary Medicine, telephone (804) 662-4426, fax (804) 527-4471, or email elizabeth.carter@dhp.virginia.gov.

TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

Proposed Regulation

20VAC5-302. Filing Requirements in Support of Applications for Authority to Construct and Operate an Electric Generating Facility (amending 20VAC5-302-10, 20VAC5-302-20, 20VAC5-302-25, 20VAC5-302-35).

A public hearing will be held upon request. Public comments may be submitted in writing to the State Corporation Commission until 5 p.m. on September 26, 2008.

The State Corporation Commission (commission) proposes to revise its existing rules governing applications to construct and operate electric generating facilities (generation rules or rules). Legislation enacted by the 2007 and 2008 Sessions of the Virginia General Assembly is largely prompting the commission's decision to propose changes in its rules. The current rules are set forth in Chapter 302 (5VAC20-302) within Title 20 of the Virginia Administrative Code.

Amendments proposed to the generation rules establish filing requirements Virginia's electric utilities must satisfy in establishing need for proposed, new generation facilities to be constructed in Virginia. The information includes an analysis of load and generating capacity reserve forecast information that demonstrates the need for the plant in the in-service year proposed. The proposed amendments further provide that the construction in Virginia of electric generating facilities with rated capacities of 5 MW or less may be undertaken without complying with the full filing requirements currently set forth in the generation rules. Instead, persons desiring to construct such facilities are required to (i) submit a letter to the commission's Director of the Division of Energy Regulation stating the location, size and fuel type of the facility, and (ii) comply with all other requirements of federal, state and local law.

For additional information, please contact Cody Walker, Assistant Director, Division of Energy Regulation, State Corporation Commission, telephone (804) 371-9611, fax (804) 371-9350, or email cody.walker@scc.virginia.gov.

STATE CORPORATION COMMISSION

Proposed Regulation

20VAC5-312. Rules Governing Retail Access to Competitive Energy Services (amending 20VAC5-312-10, 20VAC5-312-20, 20VAC5-312-60, 20VAC5-312-80, 20VAC5-312-90, repealing 20VAC5-312-120).

20VAC5-313. Rules Governing Exemptions to Minimum Stay Requirements and Wires Charges (amending 20VAC5-313-10; repealing 20VAC5-313-30).

A public hearing will be held upon request. Written public comments may be submitted to the State Corporation Commission until 5 p.m. on September 22, 2008.

The proposed amendments incorporate changes to these rules as they relate to electric energy services necessitated by the changes in the statutory requirements for the provision of retail access to electric energy services set forth in amendments by the Virginia General Assembly to the Virginia Electric Utility Restructuring Act, (§56-576 et seq. of the Code of Virginia), renamed the Virginia Electric Utility Regulation Act. To initiate this proceeding, the commission’s staff has prepared proposed rules that remove references to default service, modify the initiation of the reporting requirements for companies to begin with enrollment of customers under a retail access program, modify the customer information requirement on local distribution companies, modify the minimum stay requirement for electric customers, provide for an exception to the billing and payment rules for those companies offering an approved 100% renewable electric tariff to its retail customers, and eliminate the regulation governing competitive metering from 20VAC5-312. The proposed rules change 20VAC5-313 by eliminating rules related to wires charges.

For additional information, please contact David Eichenlaub, Assistant Director, Division of Economics and Finance, State Corporation Commission, telephone (804) 371-9050, fax (804) 371-9935, or email david.eichenlaub@scc.virginia.gov.

TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

Proposed Regulation

22VAC40-211. Resource, Foster and Adoptive Family Home Approval Standards (adding 22VAC40-211-10 through 22VAC40-211-110).

Written public comments may be submitted to the State Board of Social Services until October 3, 2008.

The proposed regulations are intended to ensure compliance with changes to federal and state laws and regulations regarding resource, foster and adoptive family homes. Regulations addressing approval of providers by local departments were contained in 22VAC40-770, which was repealed in 2007. This action is necessary to provide local departments with guidance in the approval of provider homes. In addition, the new regulations will create consistency between providers approved by local departments of social services and licensed child-placing agencies. This consistency was an action step of the Performance Improvement Plan developed in response to the federal Child and Family Services Review and is required by federal regulations.

Major components of the regulation include making all definitions and requirements consistent with other social services regulations and applicable approval requirements that fall under the purview of other state agencies; mandating training for resource, foster and adoptive home providers; requiring a narrative home study report; creating one set of standards for the approval of all types of family home providers (i.e.; resource, foster and adoptive) to streamline the process of approval; requiring proof of provider approval to be maintained in the child’s file; and ensuring safety through standards for the home of the provider and requirements for criminal background checks.

For additional information, please contact Phyl Parrish, Quality Review Program Manager, Department of Social Services, Division of Family Services, telephone (804)726-7926, fax (804)726-7895, TTY (800) 828-1120, or email phyl.parrish@dss.virginia.gov.

STATE BOARD OF SOCIAL SERVICES

Proposed Regulation

22VAC40-705. Child Protective Services (amending 22VAC40-705-10, 22VAC40-705-30, 22VAC40-705-40, 22VAC40-705-50, 22VAC40-705-70, 22VAC40-705-80, 22VAC40-705-120, 22VAC40-705-140, 22VAC40-705-150, 22VAC40-705-180).

Written public comments may be submitted to the State Board of Social Services until October 17, 2008.

This proposed amendment incorporates current Code of Virginia requirements and clarify existing regulations. These changes include (i) expanding the definitions of physical and medical neglect, (ii) clarifying the use of state criminal history searches in child protective services investigations, (iii) clarifying the requirement to electronically record victim interviews and the exceptions to that requirement, (iv) revising the length of time local departments have to validate a report or complaint, and (v) amending training requirements.

For additional information, please contact Nan McKenney, Child Protective Services Policy Supervisor, Department of Social Services, Division of Family Services, telephone (804)726-7569, fax (804)726-7895, TTY (800)828-1120, or email nan.mckenney@dss.virginia.gov.

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