Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
September,
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.
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TITLE 1.
ADMINISTRATION
STATE
BOARD OF ELECTIONS
| REGISTRAR'S
NOTICE: For the following regulations, the State Board of Elections
is claiming an exemption from the Administrative Process Act pursuant
to § 2.2-4002 B 8 of the Code of Virginia, which exempts agency
action relating to the conduct of elections or eligibility to vote.
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1VAC20-20.
Records Administration (adding 1VAC20-20-10, 1VAC20-20-20).
Written
public comments may be submitted until October 14, 2010.
Summary:
Federal
and state laws require Virginia election administrators to maintain
the security and confidentiality of personal voter information, including
social security number and full date of birth. The proposed regulation
provides a standard for encryption technology that localities may provide
as an alternative to redacting personal information from applications
and other documents before transmitting them electronically.
For
more information, please contact Martha Brissette, Policy Analyst, State
Board of Elections, Richmond, VA, telephone (804) 864-8925, or email martha.brissette@sbe.virginia.gov.
1VAC20-40.
Voter Registration (adding 1VAC20-40-10 through 1VAC20-40-60).
Written public comments
may be submitted until October 14, 2010.
Summary:
As required
by § 24.2-406 D of the Code of Virginia, the State Board of Elections
adopted and secured preclearance for a regulation on determining residency
for voter registration in 2009. This regulation was published on the
board’s website as SBE Policy 2009-005 with approved correspondence
before the board adopted procedures for using the Virginia Regulatory
Town Hall and Virginia Register of Regulations for adopting regulations.
The board recently approved procedures and the previously approved regulation
is being proposed with stylistic changes to conform to Virginia Administrative
Code technical specifications. A clarifying definition of address is
also proposed to provide guidance and ensure uniform treatment of applicants
requesting exclusion of residence addresses from published voter lists
under § 24.2-418 of the Code of Virginia.
For more information,
please contact James B. Alcorn, Deputy Secretary, State Board of Elections,
Richmond, VA, telephone (804) 864-8944, or email james.alcorn@sbe.virginia.gov.
1VAC20-50.
Candidate Qualification (adding 1VAC20-50-10, 1VAC20-50-20).
Written public comments
may be submitted until October 14, 2010.
Summary:
The proposed
regulation concerns material omissions from independent candidate petitions.
It distinguishes between omissions that are always material and cause
a petition to be rendered invalid and omissions that are not material.
For more information,
please contact Peter Goldin, Policy Analyst, State Board of Elections,
Richmond, VA, telephone (804) 864-8930, FAX (804) 786-0760, or email peter.goldin@sbe.virginia.gov.
1VAC20-60.
Election Administration (adding 1VAC20-60-10, 1VAC20-60-20).
Written public comments
may be submitted until October 14, 2010.
Summary:
The proposed
regulation provides standards to assist general registrars in determining
what omissions are always material and cause a petition to call for
a referendum election to be rendered invalid and what omissions are
not material.
For more information,
please contact James B. Alcorn, Deputy Secretary, State Board of Elections,
Richmond, VA, telephone (804) 864-8944, or email james.alcorn@sbe.virginia.gov.
BOARD
OF NURSING
18VAC90-20.
Regulations Governing the Practice of Nursing (amending 18VAC90-20-30,
18VAC90-20-40, 18VAC90-20-60, 18VAC90-20-151, 18VAC90-20-160).
18VAC90-25.
Regulations Governing Certified Nurse Aides (amending 18VAC90-25-80).
18VAC90-30.
Regulations Governing the Licensure of Nurse Practitioners (amending 18VAC90-30-50).
18VAC90-40.
Regulations for Prescriptive Authority for Nurse Practitioners (amending
18VAC90-40-70).
18VAC90-50.
Regulations Governing the Certification of Massage Therapists (amending
18VAC90-50-30).
18VAC90-60.
Regulations Governing the Registration of Medication Aides (amending 18VAC90-60-30).
Written public comments
may be submitted until November 12, 2010.
Summary:
The proposed
amendments would increase fees charged to regulants and applicants and
establish new fees to cover the cost of continued approval of nursing
education programs. Biennial renewal fees for registered nurses would
be increased by $45 and for licensed practical nurses by $25. For initial
approval of a nursing education program, there would be an increase
in the application fee of $450. Fees for survey visits and site visits
to nursing education programs would be added in amounts sufficient to
offset the board’s expenses for such visits. Similar increases
are proposed for clinical nurse specialists, licensed nurse practitioners,
and certified massage therapists. For certified nurse aides, the board
proposes to change the renewal cycle from a biennial cycle (current
fee of $50) to an annual cycle (proposed fee of $30). The annual fee
for medication aides would also be raised by $5 for an annual fee of
$30. Other fees, including application, inactive licensure, and late
fees for all professions would be increased proportionally.
For more information,
please contact Jay P. Douglas, R.N., Executive Director, Board of Nursing,
Richmond, VA, telephone (804) 367-4515, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.
BOARD
OF VETERINARY MEDICINE
18VAC150-20.
Regulations Governing the Practice of Veterinary Medicine (amending 18VAC150-20-75,
18VAC150-20-100, 18VAC150-20-220).
A public hearing
will be held on October 20, 2010, at 9 a.m. at the Department of Health
Professions, Richmond, Virginia. Written public comments may be submitted
until October 29, 2010.
Summary:
The proposed
amendments increase fees charged to regulants and applicants of the
Board of Veterinary Medicine. Annual renewal fees would be increased
by the following amounts: (i) veterinarians, $40 per year; (ii) veterinary
technicians, $20 per year; (iii) veterinary establishments, $60 per
year; and (iv) equine dental technicians, $20 per year. Other fees are
increased proportionally. For the renewal cycle ending January 1, 2013,
a one-time debt reduction assessment of $100 for veterinarians, $200
for veterinary establishments, and $50 for veterinary technicians and
equine dental technicians is proposed. Other fees set proportionally
to the renewal fees would also be increased. Licensees would be allowed
to renew a lapsed license for one year (one renewal cycle) with payment
of the renewal fee and a late fee; thereafter, the licensee would be
required to reinstate the license and pay the reinstatement fee.
For more information,
please contact Leslie L. Knachel, Executive Director, Board of Veterinary
Medicine, Richmond, VA, telephone (804) 662-4426, FAX (804) 527-4471,
or email leslie.knachel@dhp.virginia.gov.
Division
of Legislative Services > Legislative
Record > 2010
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