PETITIONS FOR RULEMAKINGVol. 25 Iss. 21 - June 22, 2009
TITLE 8. EDUCATION
BOARD OF EDUCATION
Initial Agency Notice
Title of Regulation: N/A - There are no present regulations on this subject.
Statutory Authority: § 22.1-269 of the Code of Virginia.
Name of Petitioner: John R. Butcher, Carol A.O. Wolf.
Nature of Petitioner's Request: Requests promulgation of a regulation requiring school divisions to report annually to the Board of Education data on: the number of students with five or more unexcused absences from school; details regarding the attendance plan and conferences held regarding such attendance plans; and a summary of the outcomes of attendance enforcement proceedings.
Agency's Plan for Disposition of the Request: The agency has received the petitioner's request and has announced a 21-day comment period, which will be published in the Virginia Register. Agency action plan will be determined following the 21-day public comment period.
Public comments may be submitted until July 14, 2009.
Agency Contact: Anne D. Wescott, Executive Assistant to the Board of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 225-2403, FAX (804) 225-2524, or email anne.wescott@doe.virginia.gov.
VA.R. Doc. No. R09-28; Filed June 3, 2009, 1:11 p.m.
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TITLE 12. HEALTH
STATE MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES BOARD
Agency Decision
Title of Regulation: N/A - There are no present regulations on this subject.
Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Adopt a regulation to state that the 2003 Guidelines for the Management of Individuals Found Not Guilty By Reason of Insanity (NGRI Guidelines) are subject to the Human Rights Regulations and any provision of the NGRI Guidelines in violation, in conflict, or contrary to the Human Rights Regulations is null and void.
Agency's Decision: Request denied.
Statement of Reasons for Decision: The NGRI Guidelines are subject to the requirements in the Human Rights Regulations (12VAC35-115). There is no need to add new regulatory provisions for this purpose. The NGRI Guidelines address the privileging process. To the extent that the privileging process conflicts with any provision of the Human Rights Regulations, the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services has exempted those provisions from the regulations. The commissioner has also exempted a few of the requirements of the Human Rights Regulations for persons under forensic status and persons in custody as sexually violent predators, such as prohibiting access to victim information. The commissioner has exercised this authority in accordance with 12VAC35-115-10.
Agency Contact: Wendy V. Brown, Policy Analyst, Department of Mental Health, Mental Retardation and Substance Abuse Services, P.O. Box 1797, Richmond, VA 23218, telephone (804) 225-2252, FAX (804) 371-0092, or email wendy.brown@co.dmhmrsas.virginia.gov.
VA.R. Doc. No. R09-18; Filed June 8, 2009, 11:01 a.m.
Agency Decision
Title of Regulation: None specified.
Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend regulations to prohibit any director of providers from applying for a variance that abridges any individual rights for filing a complaint under the complaint process under the Human Rights Regulations. Individuals in this context means individuals receiving services from providers.
Agency Decision: Request denied.
Statement of Reasons for Decision: The board does not believe that the right to request a variance should be restricted. The variance section of the 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 (Human Rights Regulations, 12VAC35-115-220) is intended to protect individuals receiving services when the implementation of these regulations may cause harm. The process for pursuing a variance is extensive and the Human Rights Regulations currently require all variances to be approved by the State Human Rights Committee.
Agency Contact: Wendy V. Brown, Policy Analyst, Department of Mental Health, Mental Retardation and Substance Abuse Services, P.O. Box 1797, Richmond, VA 23218, telephone (804) 225-2252, FAX (804) 371-0092, or email wendy.brown@co.dmhmrsas.virginia.gov.
VA.R. Doc. No. R09-19; Filed June 8, 2009, 11:02 a.m.
Agency Decision
Title of Regulation: N/A - There are no present regulations on this subject.
Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Adopt regulations to require mental health facilities operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services to physically post up information about the Virginia Freedom of Information Act. This information layout is outlined in § 2.2-3704.1 of the Code of Virginia. It includes the rights of the requester for requesting public records; the obligations of public bodies to process requests for public records; contact information for making requests for public records from the given public body; most commonly used public record exemptions; and recourse to the courts for violations of the Virginia Freedom of Information Act.
Agency Decision: Request denied.
Statement of Reasons for Decision: The board has determined that this request may be appropriately addressed by policy rather than regulation. The Department of Mental Health, Mental Retardation and Substance Abuse Services has complied with the Virginia Freedom of Information Act (FOIA) which requires all state public bodies to post information on their websites informing the public about procedures for requesting public records and responding to those requests. The board understands that some individuals receiving services in state facilities do not have access to the Internet through which they may obtain information about FOIA. Therefore, the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services has issued a policy directive to the state facility directors encouraging the posting of FOIA information on facility websites and throughout the facility and specifically on patient units. The board affirms the commissioner's policy and believes that this policy directive addresses the intent of this petition.
Agency Contact: Wendy V. Brown, Policy Analyst, Department of Mental Health, Mental Retardation and Substance Abuse Services, P.O. Box 1797, Richmond, VA 23218, telephone (804) 225-2252, FAX (804) 371-0092, or email wendy.brown@co.dmhmrsas.virginia.gov.
VA.R. Doc. No. R09-20; Filed June 8, 2009, 11:02 a.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF DENTISTRY
Initial Agency Notice
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's Plan for Disposition of the Request: The board is requesting public comment on the petition to amend rules to amend regulations relating to sedation and anesthesia. Following a public comment period, the board will consider its action on the petition at its meeting on September 11, 2009.
Comments may be submitted until July 22, 2009.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R09-27; Filed May 26, 2009, 9:44 a.m.
