4 Petitions for Rulemaking

PETITIONS FOR RULEMAKING

Vol. 26 Iss. 3 - October 12, 2009

NOTICES OF INTENDED REGULATORY ACTION

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 Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Amend the regulations to require the reason documented for denying patient access to service records and criteria for removal to be consistent with the statement the physician is required to put into the service record in order to deny patient access to the same.

Agency's Plan for Disposition of the Request: The board will consider the petition and any comments received at its regularly scheduled meeting on December 8, 2009.

Public comments may be submitted until November 9, 2009.

Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R10-04; Filed September 21, 2009, 11:02 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services From Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: The reinstatement of the requirement on limiting the timeframe of how long the provider can impose a restriction on the patient's access to their service records.

Agency's Plan for Disposition of the Request: The board will consider the petition and any comments received at its regularly scheduled meeting on December 8, 2009.

Public comments may be submitted until November 9, 2009.

Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R10-05; Filed September 21, 2009, 11:02 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services From Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Regulation governing amendment of the service records should be amended to require the reviewer of patient requests to amend/correct their services records to be neither the patient's treating clinician nor a person who wrote the particular note in the service record that the patient is requesting to be amended/corrected.

Agency's Plan for Disposition of the Request: The board will consider the petition and any comments received at its regularly scheduled meeting on December 8, 2009.

Public comments may be submitted until November 9, 2009.

Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R10-06; Filed September 21, 2009, 11:02 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services From Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Regulation governing access to or amendment/correction of patients' service records should be amended to limit to 10 days from the date of the submission's request the physician's response to a patient's request for accessing his service record; and the reviewer's response to a patient's request for amending/correcting his service record.

Agency's Plan for Disposition of the Request: The board will consider the petition and any comments received at its regularly scheduled meeting on December 8, 2009.

Public comments may be submitted until November 9, 2009.

Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R10-07; Filed September 21, 2009, 11:02 a.m.

Initial Agency Notice

Title of Regulation: None specified.

Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Regulation governing different legal statuses of inpatient hospitalization and their discharge criteria should repeal the provision requiring or allowing a "provider" to wait until after 30 days from admission to inform the involuntarily, civilly committed patients' of their right to seek discharge from the facility director and their right to seek legal appeal of their civil commitment order to the Circuit Court pursuant to § 37.2-830 of the Code of Virginia.

Agency's Plan for Disposition of the Request: The board will consider the petition and any comments received at its regularly scheduled meeting on December 8, 2009.

Public comments may be submitted until November 9, 2009.

Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R10-08; Filed September 21, 2009, 11:02 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services From Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Regulations allowing the commissioner to suspend the applicability of the human rights regulation, through a written exemption, to people on forensic status or civilly committed as sexually violent predators should be repealed.

Agency's Plan for Disposition of the Request: The board will consider the petition and any comments received at its regularly scheduled meeting on December 8, 2009.

Public comments may be submitted until November 9, 2009.

Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R10-09; Filed September 21, 2009, 11:02 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services From Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Regulation should be amended to prohibit the commissioner from suspending the applicability of provisions in the human rights regulations that apply to people on forensic status or civilly committed as sexually violent predators through a written exemption where there are duplicate provisions of the same rights in the statutes (§ 37.2-400 of the Code of Virginia).

Agency's Plan for Disposition of the Request: The board will consider the petition and any comments received at its regularly scheduled meeting on December 8, 2009.

Public comments may be submitted until November 9, 2009.

Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R10-10; Filed September 21, 2009, 11:02 a.m.

Initial Agency Notice

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services From Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Regulation should be amended to require the commissioner to specify the section codes and provisions as apart of the written exemptions for suspending the applicability of the human rights regulation to people on forensic status and civilly committed as sexually violent predators.

Agency's Plan for Disposition of the Request: The board will consider the petition and any comments received at its regularly scheduled meeting on December 8, 2009.

Public comments may be submitted until November 9, 2009.

Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R10-11; Filed September 21, 2009, 11:02 a.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF DENTISTRY

Agency Decision

Title of Regulation: 18VAC60-20. Regulations Governing the Practice of Dentistry and Dental Hygiene.

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

Name of Petitioner: Robert J. Haddad

Nature of Petitioner's Request: To amend regulations to (i) eliminate the distinction between conscious sedation and deep sedation since deep sedation is a likely result; (ii) institute a permitting process with inspection of dental offices to ensure they are appropriately equipped to handle an emergency situation; and (iii) create an Anesthesia Review Committee to assist the profession and the public with issues relating to anxiety/pain control/sedation in dentistry.

Agency Decision: Request denied.

Statement of Reasons for Decision: The board is currently conducting a periodic review of regulations, including those pertaining to administration of sedation and anesthesia. The board did not choose to initiate rulemaking outside of that review process to address the petitioner's recommendations.  Additionally, the board does not have statutory authority for the issuance is a sedation/anesthesia permit, and it does not intend to pursue legislation for such authority.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R09-27; Filed September 11, 2009, 4:13 p.m.

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TITLE 19. PUBLIC SAFETY

DEPARTMENT OF STATE POLICE

Initial Agency Notice

Title of Regulation: 19VAC30-70. Motor Vehicle Safety Inspection Rules and Regulations.

Statutory Authority: § 46.2-1059 of the Code of Virginia.

Name of Petitioner: J. Tyler Ballance.

Nature of Petitioner's Request: Restoring the proper use of automobile horns solely as a warning device.

Horns are defined as warning devices and are intended to be used solely for that purpose. In recent years, manufacturers have coupled their electronic "keyless" entry systems to the auto horn or auto alarm, so that operators may select an entry option that sounds the horn or auto alarm, both upon entry and exit from the vehicle. The resulting cacophony of spurious horn/alarm blasts adds to ambient noise pollution and diminishes the effectiveness of horns as warning devices.

An amendment to 19VAC30-70-240, or a new section that specifically requires verification during annual inspections, that electronic entry systems are set to silent entry and exit, is recommended.

Agency's Plan for Disposition of the Request: The board is requesting public comment on the petition to amend regulations relating to inspection standards for automobile horns. Following a public comment period, the board will consider its action on the petition.

Public comments may be submitted until November 13, 2009.

Agency Contact: Ronald B. Saunders, Captain, Safety Division, Department of State Police, P.O. Box 27472, Richmond, VA 23261-7472, telephone [phone], FAX [phone], or email [e-mail].

VA.R. Doc. No. R10-12; Filed September 15, 2009, 3:55 p.m.