4 Petitions for Rulemaking

PETITIONS FOR RULEMAKING

Vol. 27 Iss. 3 - October 11, 2010

TITLE 12. HEALTH

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Establish a new regulation requiring state-operated and publicly funded facilities to physically post Freedom of Information Act (FOIA) information.

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-08; Filed September 16, 2010, 10:46 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Establish a new regulation requiring all state mental health facilities, excluding mental health facilities publicly funded or licensed, to establish a facility directory and to require the commissioner (or the department's Central Office) to establish and maintain a master patient directory for all eight state mental health facilities.

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-09; Filed September 16, 2010, 9:42 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend 12VAC35-115-30 to add a definition of "acute treatment."

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-06; Filed September 14, 2010, 3:58 p.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend 12VAC35-115-40 to require the display of information on how to contact people the provider identifies as accountable for individuals resolving complaints or exercising FOIA rights for all providers operated or publicly funded by or through the department.

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-10; Filed September 16, 2010, 10:00 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend 12VAC35-115-40 B 1 to require all providers to list the people identified for helping individuals resolve complaints and help with other rights.

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-05; Filed September 14, 2010, 3:45 p.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend 12VAC35-115-90 to include the statement that "clinical findings required to be stated for denial or limitation of access to service records shall not be construed as the reason required to be documented or explained under 12VAC35-115-100."

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-03; Filed September 14, 2010, 3:13 p.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend 12VAC35-115-100 A 1 d to add the Internet to the list of resources that an individual has the right to see, hear, or receive and add an additional requirement for the provider to document the criteria for removal of restrictions.

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-04; Filed September 14, 2010, 3:18 p.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend 12VAC35-115-150 to better reflect the requirements of and to reference the specific section of § 2.2-3700 et seq. of the Code of Virginia (Virginia Freedom of Information Act) related to closed meeting attendance policies.

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-07; Filed September 14, 2010, 4:11 p.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend 12VAC35-115-160 to allow the human rights advocate to remove the facility director form reviewing or appointing a designee to review a complaint when the human rights advocate makes a finding that the facility director is not willing and able to render an impartial review of the complaint.

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-12; Filed September 16, 2010, 10:40 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend 12VAC35-115-180 to establish the findings of an abuse allegation as a basis for a Local Human Rights Committee fact-finding hearing.

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-13; Filed September 16, 2010, 10:11 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend 12VAC35-115-230 A to include the Virginia Office for Protection and Advocacy as a required agency to whom providers must report abuse, neglect, and exploitation allegations.

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-14; Filed September 16, 2010, 10:30 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend 12VAC35-115-250 to remove the State Human Rights Director (SHRD) and all Human Rights Advocates from under the authority of the Commissioner.

Agency's Plan for Disposition of Request: The board anticipates it will consider public comments on this request at its November 30, 2010, meeting and will then determine what appropriate action is required.

Public Comment Deadline: November 1, 2010.

Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone [phone], or email [e-mail].

VA.R. Doc. No. R11-11; Filed September 16, 2010, 9:51 a.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Agency Decision

Title of Regulation: 18VAC90-20. Regulations Governing the Practice of Nursing.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Joseph Porter, Esq., on behalf of Excelsior College.

Nature of Petitioner's Request: To amend regulations to allow registered nurse applicants whose educational programs did not provide the requisite hours of clinical education to be licensed based on other criteria set forth in regulation.

Agency Decision: Request denied.

Statement of Reason for Decision: The board considered the petition on September 14, 2010, and decided to deny the specific changes requested to requirements for licensure by examination and endorsement. It would appear that the draft amendments presented in the petition could have unintended consequences and potentially be in conflict with the Code of Virginia, which requires an applicant for nursing licensure to complete an approved nursing education program as a minimal qualification for licensure.

The proposed amendments would set one standard for Virginia schools and graduates and a different standard for all other schools and their graduates. Without an equal standard for curricula and clinical experiences, the determination of competency could be inconsistently applied by various schools and their faculty. The regulations proposed by the petition could have a chilling effect on the nursing workforce in Virginia, as the changes would limit the qualification for licensure to graduation from either Virginia programs approved by the board or programs that admit only persons with previous health care licensure and/or experience. Other programs outside of Virginia that currently meet the educational and clinical criteria for approval would be excluded.

Additionally, the board discussed its commitment to precepted clinical hours of direct patient care in the role of a registered nurse as essential for evidence of competency for licensure. Years of experience as an LPN are certainly valuable but do not translate into experience in the RN role across areas of practice throughout the life span.

Finally, the board expressed its intent to address the issues raised by the petition and by a few recent applicants who have graduated from other out-of-state programs that do not meet all the board's standards for approval.  In the next two months, an ad hoc committee will review policies and rules in other states to determine whether there are alternatives that could accommodate the needs of Excelsior graduates and other out-of-state programs that do not have the requisite number of clinical hours and also provide assurance to the board and the public that registered nurses licensed in Virginia have the didactic and clinical education necessary for safe, competent practice.

Agency Contact: Jay P. Douglas, Executive Director, Board of Nursing, 9960 Mayland Drive, Richmond, VA 23233-1463, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R10-64; Filed September 16, 2010, 9:37 a.m.