PETITIONS FOR RULEMAKINGVol. 28 Iss. 12 - February 13, 2012
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Agency Decision
Title of Regulation: 12VAC5-590. Waterworks Regulations.
Statutory Authority: § 32.1-170 of the Code of Virginia.
Name of Petitioner: G. M. Loupassi, Member, Virginia House of Delegates.
Nature of Petitioner's Request: The petitioner requests that the State Board of Health amend its regulations governing cross connection control and backflow prevention, contained in Virginia's Waterworks Regulations (12VAC5-590-580 et seq.). Currently, the regulations call for, in relevant part, annual inspections of backflow prevention devices on individual homeowners' lawn sprinkler systems. The petitioner suggests, in a letter to the commissioner, that a tiered system with lesser requirements for lower risk connections, such as individual homeowners' lawn sprinkler systems, might be in order, while also recognizing that "perhaps there are solutions that I am unaware of. . . ." The petitioner writes that "given the relatively low risk of contamination from such a source lawn sprinkler systems, combined with the onerous burden placed on homeowners with such systems, I respectfully ask that you review these regulations and consider a tiered system, with lesser requirements for lower risk connections."
Agency Decision: Request denied.
Statement of Reason for Decision: It is the Board of Health's determination not to grant the Petition for Rulemaking. The board believes the current regulatory provisions are appropriate and protective of public health. The board relied upon the following information in making its determination: The Virginia Waterworks Regulations complies with the International Plumbing Code (§§ 312.10.1 and 608.16.5) by requiring annual inspection/testing of backflow prevention devices on irrigation systems to protect public health because of the high degree of hazard associated with these systems. This practice is also supported by the American Water Works Association Manual of Water Supply Practices, Recommended Practice for Backflow Prevention and Cross-Connection Control. Should a backflow prevention device fail on a homeowner's irrigation system, there is nothing to prevent contaminants such as chemical fertilizers, pesticides, parasites, animal feces and waterborne viruses from entering the resident's home and the entire public drinking water system, creating a high risk to public health. The board received 19 public comments during the regulatory public comment period. Eleven of the 19 comments came from public utilities and various plumbing and irrigation companies in Virginia in support of the current regulations requiring annual inspection/testing of irrigation systems. The remaining comments, predominantly from Chesterfield County residents, supported less frequent inspection/testing.
Agency Contact: Robert A. K. Payne, Legal Affairs Manager, Department of Health, Office of Drinking Water, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7498, or email rob.payne@vdh.virginia.gov.
VA.R. Doc. No. R12-02; Filed January 13, 2012, 5:14 p.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHARMACY
Initial Agency Notice
Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy.
Statutory Authority: § 54.1-3300 and 54.1-3400 of the Code of Virginia.
Name of Petitioner: Louis M. Kaufman.
Nature of Petitioner's Request: To amend 18VAC110-20-680 C that requires that a medical equipment supplier must receive a valid order from a practitioner prior to dispensing, which has been interpreted to mean that the specific medical equipment supplier must receive the order at the MES location from which the product is being dispensed. The amendment would allow the transfer of a prescription received at one MES to another MES location.
Agency's Plan for Disposition of Request: In accordance with Virginia law, the petition has been filed with the Register of Regulations. 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 March 6, 2012. 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 18VAC110-20-680. This matter will be on the board's agenda for its meeting on March 13, 2012.
Public Comment Deadline: March 4, 2012.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R12-17; Filed January 21, 2012, 11:22 a.m.
BOARD OF SOCIAL WORK
Agency Decision
Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Michael Hayter.
Nature of Petitioner's Request: To amend 18VAC140-20-50, relating to requirements for supervision, to clarify the status of an individual who has completed supervision but has not passed the examination for LCSW licensure. Such individual should not be in the status of a "supervisee in social work" and should be exempt from providing information to his previous clinical supervisor.
Agency Decision: Request denied.
Statement of Reason for Decision: At its meeting on January 20, 2012, the board considered the petition and decided not to initiate the rule-making process. Since the law in Virginia requires licensure for a clinical social worker, a person who has completed the requisite number of supervised hours but has not passed the examination and been issued a license may not engage in practice except as a supervisee under supervision or in an exempt setting. Regulations of the board cannot be in conflict with the Code of Virginia.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R12-06; Filed January 21, 2012, 11:07 a.m.
Agency Decision
Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.
Statutory Authority: § 54.1-3708 of the Code of Virginia.
Name of Petitioner: Grace K. Nozaki.
Nature of Petitioner's Request: Regulations should define real-time webinars as Category 1 continuing education.
Agency Decision: Request denied.
Statement of Reason for Decision: At its meeting on January 20, 2012, the board considered the petition and decided to deny the request to initiate the rule-making process based on the current regulations that do not specify the delivery method for Category 1 continuing education. Provided the "formally organized learning activity" (workshops, seminars, conferences or courses) is offered and documented by one of the entities listed in regulation, it is acceptable for Category 1 continuing education. Those entities include universities or colleges, governmental agencies, or school systems or professional organizations in the behavioral health field. The issue is not whether the seminar was delivered via the web or live, the issue is whether it was offered by one of the entities approved to offer Category 1 CE.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R12-09; Filed January 21, 2012, 11:08 a.m.
