PETITIONS FOR RULEMAKINGVol. 32 Iss. 9 - December 28, 2015
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Agency Decision
Title of Regulation: 18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Dr. Arthur Yin Fan.
Nature of Petitioner's Request:
1. Add word "herbs" after "food supplements."
2. Add "basic examination prescription right" to acupuncture practice scope:
"Basic examination prescription right" includes: X-ray, ultrasound, MRI, etc. image tests; Blood routine test (CBC, complete blood count), Urine routine test (Urine analysis), Stool routine test (Stool analysis), Blood Liver panel, Blood Kidney panel, etc. bio-chem tests.
3. Require only a "recommendation" for diagnostic examination.
Prior to performing acupuncture, a licensed acupuncturist shall recommend patient to obtain written documentation that the patient has received a diagnostic examination within the past six months by a licensed doctor of medicine, osteopathy, chiropractic, or podiatry acting within the scope of his practice or shall provide to the patient a written recommendation for such a diagnostic examination on a form specified by the board and signed by the patient. The original of the signed form shall be maintained in the patient's chart and a copy provided to the patient. In case patient declines, the licensed acupuncturist shall let patient sign the consent form, check the reason of decline, and perform the basic examinations, includes in basic bio-chem lab tests and image test.
Agency Decision: Request denied.
Statement of Reason for Decision: The petition was considered on October 7, 2015, by the Advisory Board on Acupuncture, which recommended that the petition be denied and that no changes be made to the regulatory language. On October 22, 2015, the Board of Medicine concurred with the recommendation. The request to add "herbs" after "food supplements" was denied because herbs are considered food supplements by the U.S. Food and Drug Administration (FDA), and there was concern that any herbs that are not food supplements and outside the oversight of the FDA may present some risk to the public. The request to add "basic examination prescription right," was denied because it would expand the scope of practice for acupuncturists to include performance or ordering of tests, and such an expansion may be inconsistent with the statutory definition of the practice of acupuncture in § 54.1-2900 of the Code of Virginia. Additionally, ordering and interpreting tests is beyond the training received in most acupuncture education programs in the United States. The request to change the requirement for documentation of referral or a recommendation for referral was not considered because the regulatory language in 18VAC85-110-100 is specifically found in § 54.1-2956.9 of the Code of Virginia.
Agency Contact: Elaine J. Yeatts, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R15-38; Filed December 7, 2015, 10:25 a.m.
BOARD OF PHARMACY
Initial Agency Notice
Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Bill Irvin.
Nature of Petitioner's Request: To allow a pharmacy providing services to a long-term care facility to provide prescription information of Schedule VI drugs to a "back-up" pharmacy located near the facility enabling the "back-up" pharmacy to provide the first dispensing of the prescription without the act constituting a transfer of the prescription.
Agency Plan for Disposition of Request: In accordance with Virginia law, the petition has been filed with the Register of Regulations and will be published on December 28, 2015. Comment on the petition may be sent by email or regular mail or posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov; comment will be accepted until January 27, 2016. Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language in Regulations Governing the Practice of Pharmacy. This matter will be on the board's agenda for its meeting scheduled for March 29, 2016.
Public Comment Deadline: January 27, 2016.
Agency Contact: Elaine J. Yeatts, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov
VA.R. Doc. No. R16-10; Filed December 9, 2015, 10:05 a.m.
BOARD OF VETERINARY MEDICINE
Initial Agency Notice
Title of Regulation: 18VAC150-20. Regulations Governing the Practice of Veterinary Medicine.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Laura Court.
Nature of Petitioner's Request: Prohibition against euthanizing a pet against a veterinarian's recommendation if the pet owner is trying to schedule it and the veterinarian is not recommending it.
Agency Plan for Disposition of Request: The petition will be published on December 28, 2015, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending January 27, 2016. Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language. This matter will be on the board's agenda for its first meeting after the comment period, which is tentatively scheduled for February 10, 2016.
Public Comment Deadline: January 27, 2016.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R16-09; Filed November 30, 2015, 12:10 p.m.
