Division of Legislative Services > Legislative Record > 2010

Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

November/December, 2010

The Regulatory Alert is intended to assist General Assembly members as they keep up with the myriad regulations being proposed by agencies in the Commonwealth. The goal of this project is to provide a timely, simple, and accurate summary of the rules that are being proposed by agencies, boards, and commissions. Highlighting regulations when they are published as "proposed regulations" gives General Assembly members notice that the critical public participation phase of the rulemaking process is well underway. It is during the public participation process that the questions of an Assembly member or constituent may be most effectively communicated to the agency and examined by the individuals crafting the regulatory proposal.

The Regulatory Alert is not intended to be a substitute for the comprehensive information on agency rulemaking activity that is currently published biweekly in the Virginia Register of Regulations or the notification services offered by the Regulatory Town Hall website maintained by the Department of Planning and Budget. It is hoped that the Legislative Record will assist all members as they monitor the development, modification and repeal of administrative rules in the Commonwealth.

Access the Virginia Register of Regulations online at or contact epalen@dls.virginia.gov or the Code Commission staff at (804) 786-3591 for further information.

 

TITLE 10. FINANCE AND FINANCIAL INSTITUTIONS

STATE CORPORATION COMMISSION

REGISTRAR'S NOTICE: The State Corporation Commission is exempt from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.


10VAC5-160. Rules Governing Mortgage Lenders and Brokers (amending 10VAC5-160-10, 10VAC5-160-20, 10VAC5-160-40, 10VAC5-160-50; adding 10VAC5-160-90, 10VAC5-160-100).

A public hearing will be scheduled upon request. Written public comments may be submitted until December 20, 2010.

Summary:

The amendments to this regulation governing mortgage lenders and brokers accomplish three basic goals: (i) address the transition of mortgage lender and broker licensees and new applicants to the electronic National Mortgage Licensing System and Registry (NMLS); (ii) provide basic codes of conduct for licensees in maintaining records with NMLS and supervising mortgage loan originators (already licensed through NMLS); and (iii) make technical changes and corrections to conform to NMLS, as well as to the recodification of Title 6.1 of the Code of Virginia into Title 6.2. All applications for mortgage lender or broker licenses under Chapter 16 (§ 6.2-1600 et seq.) of Title 6.2 of the Code of Virginia must be sent through NMLS beginning January 3, 2011. Mortgage lenders and brokers licensed prior to January 1, 2011, are required to transition to NMLS no later than April 1, 2011. Licensees may not employ persons who are not licensed as mortgage loan originators under Chapter 17 (§ 6.2-1700 et seq.) of Title 6.2 of the Code of Virginia to take applications for, or offer or negotiate the terms of, residential mortgage loans. Licensees must disclose on all documents provided to a borrower the licensee’s NMLS unique identifier, as well as the unique identifier of any mortgage loan originator associated with the loan. Licensees are required to keep their information current in NMLS. The commission may enforce these regulations or Chapter 16 by fines or suspension or revocation of licenses.

For more information, please contact E.J. Face, Jr., Commissioner, Bureau of Financial Institutions, State Corporation Commission, Richmond, VA, telephone (804) 371-9659, FAX (804) 371-9416, or email joe.face@scc.virginia.gov.



TITLE 12. HEALTH

STATE BOARD OF HEALTH

12VAC5-613. Regulations for Alternative Onsite Sewage Systems (adding 12VAC5-613-10 through 12VAC5-613-200).

Written public comments may be submitted until February 4, 2011.

Summary:

The proposed regulatory action creates an inspection, sampling, and reporting frequency for all alternative onsite sewage systems (AOSS). The proposed regulations (i) establish the performance requirements for AOSS, as well as horizontal setbacks for those designed in accordance with
§ 32.1-163.6 of the Code of Virginia; (ii) require owners to have a relationship with a licensed operator for the purpose of providing operation and maintenance to the AOSS; (iii) establish nitrogen limitations for all large AOSS and require all small AOSS to reduce nutrient loads within the Chesapeake Bay Watershed; (iv) establish treatment levels for performance and provide a methodology for evaluating treatment unit efficacy; and (v) supplement the existing Sewage Handling and Disposal Regulations (12VAC5-610-20) that contain permitting and enforcement procedures and other requirements for onsite sewage systems, including AOSS.

For more information, please contact Allen Knapp, Director, Division of Onsite Sewage and Wastewater Services, Department of Health, Richmond, VA, telephone (804) 864-7470, or email allen.knapp@vdh.virginia.gov.

 

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Extension of Emergency Regulation

12VAC30-50. Amount, Duration, and Scope of Medical and Remedial Care Services (adding 12VAC30-50-131).

12VAC30-80. Methods and Standards for Establishing Payment Rates; Other Types of Care (amending 12VAC30-80-20, 12VAC30-80-200; adding 12VAC30-80-96).

12VAC30-120. Waivered Services (amending 12VAC30-120-360, 12VAC30-120-380).

Effective Dates: October 29, 2009, through April 28, 2011.

Pursuant to § 2.2-4011 of the Code of Virginia, the Department of Medical Assistance Services requested an extension of the above-referenced emergency regulation to complete the requirements of the Administrative Process Act. The emergency regulations were published in 26:6 VA.R. 651-661 November 23, 2009 (http://register.dls.virginia.gov/vol26/iss06/v26i06.pdf).

The regulation provides operating authority to the Department of Medical Assistance Services for the implementation of new Part C services for preschool children. If the emergency regulation lapses, DMAS will have no state authority to continue the provision of these significant new services to preschool children.

The emergency regulation was effective on October 29, 2009, and is scheduled to expire on October 28, 2010. The Notice of Intended Regulatory Action comment period ended in late November, and the Office of the Attorney General completed its review in early February. The proposed regulation was submitted to the Governor’s office for review in May. Once the proposed regulation is approved by the Governor, it must be published for a 60-day public comment period and made permanent by a follow-up final regulation that includes a 30-day post-publication waiting period before the regulation goes into effect. Given this timeline, the regulatory process cannot be completed by October 28, 2010, the expiration date of the emergency regulation.

The Governor approved the department’s request to extend the expiration date of the emergency regulation for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the regulations will continue in effect through April 28, 2011.

For more information, please contact Molly Carpenter, Child and Maternal Health Division, Department of Medical Assistance Services, Richmond, VA, telephone (804) 786-1493, FAX (804) 225-3961, or email molly.carpenter@dmas.virginia.gov.

 

Notice of Extension of Emergency Regulation

12VAC30-120. Waivered Services (adding 12VAC30-120-1000 through 12VAC30-120-1090; repealing 12VAC30-120-211 through 12VAC30-120-249).

Effective Dates: October 29, 2009, through April 28, 2011.

Pursuant to § 2.2-4011 of the Code of Virginia, the Department of Medical Assistance Services requested an extension of the above-referenced emergency regulation to complete the requirements of the Administrative Process Act. The emergency regulations were published in 26:6 VA.R. 619-654 November 23, 2009 (http://register.dls.virginia.gov/vol26/iss06/v26i06.pdf).

The Department of Medical Assistance Services (DMAS) has completely rewritten its large set of regulations for the mental retardation/intellectual disability waiver. This significant regulatory project was conducted in collaboration with the Department of Behavioral Health and Developmental Services, which has daily administrative authority for this waiver. For the two agencies to reach consensus on all aspects of regulatory wording for this project, the agencies held numerous meetings of small work groups of representatives from both agencies over a time span of several months. In addition, DMAS worked with representatives and advocates in the intellectual disability community to obtain their feedback over these changes and incorporate them to the extent possible. Further research into existing policies and statutes was required to reach consensus on numerous issues. Because of the number of parties involved and the size and scope of the regulatory changes, this project has required a significant amount of time beyond that provided for in the ordinary regulatory cycle.

The Governor approved the department’s request to extend the expiration date of the emergency regulation for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the regulations will continue in effect through April 28, 2011.

For more information, please contact Helen Leonard, Long Term Care Division, Department of Medical Assistance Services, Richmond, VA, telephone (804) 786-2149, FAX (804) 786-1680, or email helen.leonard@dmas.virginia.gov.

12VAC30-120. Waivered Services (amending 12VAC30-120-1600 through 12VAC30-120-1660; adding 12VAC30-120-1605, 12VAC30-120-1670, 12VAC30-120-1680).

Written public comments may be submitted until January 7, 2011.

Summary:

This proposed regulatory action updates the Alzheimer’s Assisted Living Waiver to accommodate changes in the industry and clarify the regulations. These changes will bring current Virginia Department of Social Services’ licensing standards and Department of Medical Assistance Services’ waiver expectations more in sync with each other while reducing provider confusion and duplication of effort.

The proposed changes clarify clinical staff requirements, the number of activity hours, and who is permitted to provide supervision. Initiation of these changes is expected to increase the available provider pool and enhance participation in the waiver by eligible recipients.

For more information, please contact Steve Ankiel, Long Term Care Division, Department of Medical Assistance Services, Richmond, VA, telephone (804) 317-8894, FAX (804) 371-4986, or email steve.ankiel@dmas.virginia.gov.


TITLE 13. HEALTH

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

13VAC5-31. Virginia Amusement Device Regulations (amending 13VAC5-31-20, 13VAC5-31-40, 13VAC5-31-50, 13VAC5-31-75, 13VAC5-31-85; adding 13VAC5-31-280, 13VAC5-31-290).

Effective Date: March 1, 2011.

The Board of Housing and Community Development gives notice that the January 3, 2011, effective date of the Virginia Amusement Device Regulations, 13VAC5-31, which was published in 27:2 VA.R. 178-183 September 27, 2010, is changed to March 1, 2011.

For more information, please contact Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Richmond, VA, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

 

Notice of Change in Effective Date

13VAC5-51. Virginia Statewide Fire Prevention Code (amending 13VAC5-51-21, 13VAC5-51-81, 13VAC5-51-85, 13VAC5-51-121, 13VAC5-51-130, 13VAC5-51-131, 13VAC5-51-132, 13VAC5-51-133, 13VAC5-51-133.5, 13VAC5-51-135, 13VAC5-51-140, 13VAC5-51-145, 13VAC5-51-150, 13VAC5-51-154, 13VAC5-51-155; adding 13VAC5-51-154.5; repealing 13VAC5-51-143).

Effective Date: March 1, 2011.

The Board of Housing and Community Development gives notice that the January 3, 2011, effective date of the Virginia Statewide Fire Prevention Code, 13VAC5-51, which was published in 27:2 VA.R. 183-217 September 27, 2010, is changed to March 1, 2011.

For more information, please contact Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Richmond, VA, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

 

Notice of Suspension of Regulatory Process and Additional Public Comment Period

13VAC5-51. Virginia Statewide Fire Prevention Code.

Written public comments may be submitted until December 22, 2010.

Notice is hereby given that, pursuant to § 2.2-4007.06 of the Code of Virginia, the Board of Housing and Community Development is suspending certain provisions of the final Virginia Statewide Fire Prevention Code (13VAC5-51) published in 27:2 VA.R. 183-217 September 27, 2010, and is soliciting additional comments on changes made to these specific provisions between publication of the proposed regulations and publication of the final regulations. The additional 30-day comment period ends on December 22, 2010.

For more information, please contact Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Richmond, VA, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

 

Notice of Change in Effective Date

13VAC5-63. Virginia Uniform Statewide Building Code (amending 13VAC5-63-10, 13VAC5-63-20, 13VAC5-63-30, 13VAC5-63-40, 13VAC5-63-50, 13VAC5-63-60, 13VAC5-63-70, 13VAC5-63-80, 13VAC5-63-150, 13VAC5-63-160, 13VAC5-63-190, 13VAC5-63-200, 13VAC5-63-210, 13VAC5-63-220, 13VAC5-63-230, 13VAC5-63-240, 13VAC5-63-245, 13VAC5-63-250, 13VAC5-63-267, 13VAC5-63-280, 13VAC5-63-290, 13VAC5-63-300, 13VAC5-63-310, 13VAC5-63-320, 13VAC5-63-330, 13VAC5-63-350, 13VAC5-63-360, 13VAC5-63-400, 13VAC5-63-434, 13VAC5-63-440, 13VAC5-63-450, 13VAC5-63-480, 13VAC5-63-490, 13VAC5-63-500, 13VAC5-63-520, 13VAC5-63-530, 13VAC5-63-540; adding 13VAC5-63-264, 13VAC5-63-365; repealing 13VAC5-63-335, 13VAC5-63-436, 13VAC5-63-437).

Effective Date: March 1, 2011.

The Board of Housing and Community Development gives notice that the January 3, 2011, effective date of the Virginia Uniform Statewide Building Code, 13VAC5-63, which was published in 27:2 VA.R. 217-342 September 27, 2010, is changed to March 1, 2011.

For more information, please contact Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Richmond, VA, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

 

Notice of Suspension of Regulatory Process and Additional Comment Period

13VAC5-63. Virginia Uniform Statewide Building Code.

Written public comments may be submitted until December 22, 2010.

Notice is hereby given that, pursuant to § 2.2-4007.06 of the Code of Virginia, the Board of Housing and Community Development is suspending certain provisions of the final Virginia Uniform Statewide Building Code (13VAC5-63) published in 27:2 VA.R. 217-342 September 27, 2010, and is soliciting additional comments on changes made to these specific provisions between publication of the proposed regulations and publication of the final regulations. The additional 30-day comment period ends on December 22, 2010.

For more information, please contact Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Richmond, VA, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

 

Notice of Change in Effective Date

13VAC5-91. Virginia Industrialized Building Safety Regulations (amending 13VAC5-91-10, 13VAC5-91-20, 13VAC5-91-40, 13VAC5-91-50, 13VAC5-91-60, 13VAC5-91-70, 13VAC5-91-100, 13VAC5-91-120, 13VAC5-91-160, 13VAC5-91-200, 13VAC5-91-210, 13VAC5-91-245, 13VAC5-91-260).

Effective Date: March 1, 2011.

The Board of Housing and Community Development gives notice that the January 3, 2011, effective date of the Virginia Industrialized Building Safety Regulations, 13VAC5-91, which was published in 27:2 VA.R. 342-347 September 27, 2010, is changed to March 1, 2011.

For more information, please contact Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Richmond, VA, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.


TITLE 18. HEALTH

PROGESSIONAL AND OCCUPATIONAL LICENSING

VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS

18VAC15-60. Mold Inspector and Remediator Regulations (adding 18VAC15-60-10 through 18VAC15-60-390).

Written public comments may be submitted until January 7, 2011.

Summary:

Chapters 358 and 819 of the 2009 Acts of Assembly charged the board with the creation of a licensure program for the regulation of mold inspectors and mold remediators. The proposed regulation creates the licensure entry requirements, renewal requirements, and standards of practice and conduct for this group of regulants, as well as the disciplinary authority of the board.

For more information, please contact David Dick, Executive Director, Virginia Board for Asbestos, Lead, and Home Inspectors, Richmond, VA, telephone (804) 367-8595, FAX (804) 527-4297, or email alhi@dpor.virginia.gov.

 

BOARD FOR BARBERS AND COSMETOLOGY

18VAC41-20. Barbering and Cosmetology Regulations (amending 18VAC41-20-140).

Written public comments may be submitted until January 7, 2011.

Summary:

The proposed amendments will increase fees for the Board for Barbers and Cosmetology to ensure that revenues are sufficient but not excessive to cover ongoing operating expenses. The board’s most recent increase in fees became effective in July 2002. Since 2002, licensure programs have become effective for the following professions: wax technician (2004), tattooing (2006), hair braiding (2006), body piercing (2007), and esthetics (2007). The board has incurred an increase in costs for enforcement activities, information systems development costs, and application processing and customer support services. Current fees are not adequate to reduce the deficit and pay continuing operating costs. Without the proposed fee increases, the board’s deficit will continue to increase and the Department of Professional and Occupational Licensing will not collect adequate revenue to pay for operations.

All costs incurred in support of board activities and regulatory operations are paid by the department and funded through fees paid by applicants and licensees. All boards within the Department of Professional and Occupational Regulation must operate within the code provisions of the Callahan Act (§ 54.1-113 of the Code of Virginia) and the general provisions of § 54.1-201 of the Code of Virginia. Each regulatory program’s revenues must be adequate to support both its direct costs and a proportional share of agency operating costs. The department allocates costs to its regulatory programs based on consistent, equitable, and cost-effective methodologies.

For more information, please contact William H. Ferguson, II, Executive Director, Board for Barbers and Cosmetology, Richmond, VA, telephone (804) 367-8590, FAX (804) 527-4295, or email barbercosmo@dpor.virginia.gov.

 

18VAC41-30. Hair Braiding Regulations (amending 18VAC41-30-110).

Written public comments may be submitted until January 7, 2011.

Summary:

The proposed amendments will increase fees for the Board for Barbers and Cosmetology to ensure that revenues are sufficient but not excessive to cover ongoing operating expenses. The board’s most recent increase in fees became effective in July 2002. Since 2002, licensure programs have become effective for the following professions: wax technician (2004), tattooing (2006), hair braiding (2006), body piercing (2007), and esthetics (2007). The board has incurred an increase in costs for enforcement activities, information systems development costs, and application processing and customer support services. Current fees are not adequate to reduce the deficit and pay continuing operating costs. Without the proposed fee increases, the board’s deficit will continue to increase and the Department of Professional and Occupational Licensing will not collect adequate revenue to pay for operations.

All costs incurred in support of board activities and regulatory operations are paid by the department and funded through fees paid by applicants and licensees. All boards within the Department of Professional and Occupational Regulation must operate within the code provisions of the Callahan Act (§ 54.1-113 of the Code of Virginia) and the general provisions of § 54.1-201 of the Code of Virginia. Each regulatory program’s revenues must be adequate to support both its direct costs and a proportional share of agency operating costs. The department allocates costs to its regulatory programs based on consistent, equitable, and cost-effective methodologies.

For more information, please contact William H. Ferguson, II, Executive Director, Board for Barbers and Cosmetology, Richmond, VA, telephone (804) 367-8590, FAX (804) 527-4295, or email barbercosmo@dpor.virginia.gov.

 

18VAC41-40. Wax Technician Regulations (amending 18VAC41-40-120).

Written public comment may be submitted until January 7, 2011.

Summary:

The proposed amendments will increase fees for the Board for Barbers and Cosmetology to ensure that revenues are sufficient but not excessive to cover ongoing operating expenses. The board’s most recent increase in fees became effective in July 2002. Since 2002, licensure programs have become effective for the following professions: wax technician (2004), tattooing (2006), hair braiding (2006), body piercing (2007), and esthetics (2007). The board has incurred an increase in costs for enforcement activities, information systems development costs, and application processing and customer support services. Current fees are not adequate to reduce the deficit and pay continuing operating costs. Without the proposed fee increases, the board’s deficit will continue to increase and the Department of Professional and Occupational Licensing will not collect adequate revenue to pay for operations.

All costs incurred in support of board activities and regulatory operations are paid by the department and funded through fees paid by applicants and licensees. All boards within the Department of Professional and Occupational Regulation must operate within the code provisions of the Callahan Act (§ 54.1-113 of the Code of Virginia) and the general provisions of § 54.1-201 of the Code of Virginia. Each regulatory program’s revenues must be adequate to support both its direct costs and a proportional share of agency operating costs. The department allocates costs to its regulatory programs based on consistent, equitable, and cost-effective methodologies. Department of Professional and Occupational Licensing will not collect adequate revenue to pay for operations.

For more information, please contact William H. Ferguson, II, Executive Director, Board for Barbers and Cosmetology, Richmond, VA, telephone (804) 367-8590, FAX (804) 527-4295, or email barbercosmo@dpor.virginia.gov.

 

18VAC41-50. Tattooing Regulations (amending 18VAC41-50-130).

Written public comment may be submitted until January 7, 2011.

Summary:

The proposed amendments will increase fees for the Board for Barbers and Cosmetology to ensure that revenues are sufficient but not excessive to cover ongoing operating expenses. The board's most recent increase in fees became effective in July 2002. Since 2002, licensure programs have become effective for the following professions: wax technician (2004), tattooing (2006), hair braiding (2006), body piercing (2007), and esthetics (2007). The board has incurred an increase in costs for enforcement activities, information systems development costs, and application processing and customer support services. Current fees are not adequate to reduce the deficit and pay continuing operating costs. Without the proposed fee increases, the board's deficit will continue to increase and the Department of Professional and Occupational Licensing will not collect adequate revenue to pay for operations.

All costs incurred in support of board activities and regulatory operations are paid by the department and funded through fees paid by applicants and licensees. All boards within the Department of Professional and Occupational Regulation must operate within the code provisions of the Callahan Act (§ 54.1-113 of the Code of Virginia) and the general provisions of § 54.1-201 of the Code of Virginia. Each regulatory program’s revenues must be adequate to support both its direct costs and a proportional share of agency operating costs. The department allocates costs to its regulatory programs based on consistent, equitable, and cost-effective methodologies.

For more information, please contact William H. Ferguson, II, Executive Director, Board for Barbers and Cosmetology, Richmond, VA, telephone (804) 367-8590, FAX (804) 527-4295, or email barbercosmo@dpor.virginia.gov.

 

18VAC41-60. Body-Piercing Regulations (amending 18VAC41-60-90).

Written public comment may be submitted until January 7, 2011.

Summary:

The proposed amendments will increase fees for the Board for Barbers and Cosmetology to ensure that revenues are sufficient but not excessive to cover ongoing operating expenses. The board's most recent increase in fees became effective in July 2002. Since 2002, licensure programs have become effective for the following professions: wax technician (2004), tattooing (2006), hair braiding (2006), body piercing (2007), and esthetics (2007). The board has incurred an increase in costs for enforcement activities, information systems development costs, and application processing and customer support services. Current fees are not adequate to reduce the deficit and pay continuing operating costs. Without the proposed fee increases, the board’s deficit will continue to increase and the Department of Professional and Occupational Licensing will not collect adequate revenue to pay for operations.

All costs incurred in support of board activities and regulatory operations are paid by the department and funded through fees paid by applicants and licensees. All boards within the Department of Professional and Occupational Regulation must operate within the code provisions of the Callahan Act (§ 54.1-113 of the Code of Virginia) and the general provisions of § 54.1-201 of the Code of Virginia. Each regulatory program’s revenues must be adequate to support both its direct costs and a proportional share of agency operating costs. The department allocates costs to its regulatory programs based on consistent, equitable, and cost-effective methodologies.

For more information, please contact William H. Ferguson, II, Executive Director, Board for Barbers and Cosmetology, Richmond, VA, telephone (804) 367-8590, FAX (804) 527-4295, or email barbercosmo@dpor.virginia.gov.

 

18VAC41-70. Board for Barbers and Cosmetology Esthetics Regulations (amending 18VAC41-70-120).

Written public comments may be submitted until January 7, 2011.

Summary:

The proposed amendments will increase fees for the Board for Barbers and Cosmetology to ensure that revenues are sufficient but not excessive to cover ongoing operating expenses. The board’s most recent increase in fees became effective in July 2002. Since 2002, licensure programs have become effective for the following professions: wax technician (2004), tattooing (2006), hair braiding (2006), body piercing (2007), and esthetics (2007). The board has incurred an increase in costs for enforcement activities, information systems development costs, and application processing and customer support services. Current fees are not adequate to reduce the deficit and pay continuing operating costs. Without the proposed fee increases, the board's deficit will continue to increase and the Department of Professional and Occupational Licensing will not collect adequate revenue to pay for operations.

All costs incurred in support of board activities and regulatory operations are paid by the department and funded through fees paid by applicants and licensees. All boards within the Department of Professional and Occupational Regulation must operate within the code provisions of the Callahan Act (§ 54.1-113 of the Code of Virginia) and the general provisions of § 54.1-201 of the Code of Virginia. Each regulatory program’s revenues must be adequate to support both its direct costs and a proportional share of agency operating costs. The department allocates costs to its regulatory programs based on consistent, equitable, and cost-effective methodologies.

For more information, please contact William H. Ferguson, II, Executive Director, Board for Barbers and Cosmetology, Richmond, VA, telephone (804) 367-8590, FAX (804) 527-4295, or email barbercosmo@dpor.virginia.gov.

 

BOARD OF MEDICINE

18VAC85-101. Regulations Governing the Licensure of Radiologic Technologists and Radiologic Technologists-Limited (amending 18VAC85-101-10, 18VAC85-101-25, 18VAC85-101-30, 18VAC85-101-55, 18VAC85-101-100, 18VAC85-101-130, 18VAC85-101-145, 18VAC85-101-150, 18VAC85-101-152, 18VAC85-101-153, 18VAC85-101-161; adding 18VAC85-101-27, 18VAC85-101-28, 18VAC85-101-91, 18VAC85-101-92).

A public hearing will be held February 2, 2011, at 1 p.m. at the Perimeter Center, Richmond, Virginia. Written public comments may be submitted until February 4, 2011.

Summary:

The proposed amendments add the new profession of radiologist assistants (RAs) to 18VAC85-101, Regulations Governing the Licensure of Radiologic Technologists and Radiologists-Limited, and change the title of the regulation to Regulations Governing the Practice of Radiologic Technology. The proposed amendments specify (i) the requirements for licensure of RAs, including the education and examination that will assure minimum competency to practice; (ii) provisions for applicant and licensure fees; (iii) requirements for renewal and reinstatement of a license to include evidence of continuing competency to practice; and (iv) provisions for scope of practice, including supervision by a doctor of medicine or osteopathic medicine with a specialty in radiology. Current regulations, such as standards of conduct and renewal schedules, are amended to be applicable to RAs as well as radiologic technologists and radiologic technologists-limited.

For more information, please contact William L. Harp, M.D., Executive Director, Board of Medicine, Richmond, VA 23233, telephone (804) 367-4621, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.


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