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.
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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.
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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.
Division
of Legislative Services > Legislative
Record > 2010
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