PETITIONS FOR RULEMAKINGVol. 31 Iss. 21 - June 15, 2015
TITLE 11. GAMING
CHARITABLE GAMING BOARD
Initial Agency Notice
Title of Regulation: 11VAC15-40. Charitable Gaming Regulations.
Statutory Authority: § 18.2-340.15 of the Code of Virginia.
Name of Petitioner: Jim McIntire, VTabs.
Nature of Petitioner's Request: Petitioner requests that the Charitable Gaming Board amend Charitable Gaming Regulations to increase the number of electronic pull-tab devices used to facilitate the play of electronic pull-tabs sold, played, and redeemed at any premises pursuant to § 18.2-340.26:1 of the Code of Virginia (i.e., social quarters). Petitioner proposes that if the premises' Certificate of Occupancy establishes that the premises can accommodate more than 150 occupants, then the current limit of five electronic pull-tab devices at these premises should be increased to nine electronic-pull tab devices.
Agency Plan for Disposition of Request: The Charitable Gaming Board will consider this request at its next scheduled meeting following the public comment period. This meeting will occur on September 8, 2015.
Public Comment Deadline: July 5, 2015.
Agency Contact: Michael Menefee, Program Manager, Charitable and Regulatory Programs, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3983, or email michael.menefee@vdacs.virginia.gov.
VA.R. Doc. No. R15-32; Filed May 22, 2015, 2:29 p.m.
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TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Initial Agency Notice
Title of Regulation: 12VAC35. None specified.
Statutory Authority: N/A.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Create a new regulation to require community services boards and behavioral health authorities (as defined in § 37.2-100) to produce guidance documents for petitions for modification or removal of conditions at anytime, pursuant to § 19.2-182.11 of the Code of Virginia.
Agency Plan for Disposition of Request: The board will consider the petition and public comment at its next scheduled meeting on July 16, 2015, in Richmond, Virginia.
Public Comment Deadline: July 5, 2015.
Agency Contact: Ruth Anne Walker, Department of Behavioral Health and Developmental Services, 1220 Bank Street, 11th Floor, P.O. Box 1797, Richmond, VA 23218, telephone (804) 225-2252, or email ruthanne.walker@dbhds.virginia.gov.
VA.R. Doc. No. R15-33; Filed May 29, 2015, 14:55 p.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: Elena Aponte-Bostwick.
Nature of Petitioner's Request: To accept applicants for licensure by endorsement who were licensed in Puerto Rico by an examination comparable to the NCLEX.
Agency Decision: Request denied.
Statement of Reason for Decision: At its meeting on May 19, 2015, the board considered the petition and all the comments received in response. While members appreciated the particular situation of this petitioner, the board decided to take no action on the petition. In doing so, the members affirmed that the NCLEX was the examination acceptable for licensure. Since the board has no means of evaluating the comparability of other examinations, it has to apply a consistent standard for all applicants for licensure by endorsement regardless of their previous licensure in other U.S. jurisdictions.
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. R15-26; Filed May 20, 2015, 9:22 a.m.
BOARD OF PSYCHOLOGY
Agency Decision
Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Gentry Nalley.
Nature of Petitioner's Request: Amend section on standards of practice to require that a psychologist report to the court and counsel recantations of abuse allegations by a minor.
Agency Decision: Request denied.
Statement of Reason for Decision: After much discussion, the board decided not to initiate rulemaking as requested. Members acknowledged that recantations were a difficult issue and advised that further guidance and education might be useful in assisting licensees with handling such situations. Since there are so many variables to be considered, the board felt that current standards allow for flexibility for different situations but also provide sufficient grounds for disciplinary action should there be clear and convincing evidence that a violation of law or regulation has occurred.
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. R15-19; Filed May 20, 2015, 9:11 a.m.
