PETITIONS FOR RULEMAKINGVol. 29 Iss. 24 - July 29, 2013
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Agency Decision
Title of Regulation: 8VAC20-390. Rules Governing Division Superintendent of Schools.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: John Butcher.
Nature of Petitioner's Request: 8VAC20-390-80 provides: "It shall be the duty of the division superintendent to visit and inspect each school in his division. He shall inquire into all matters relating to the management of the school, the course of study, method of instruction, and use of textbooks, and shall give particular attention to the conditions of the school buildings." The petitioner requests the Board of Education to render its regulation enforceable by amending 8VAC20-390-80 to append the following paragraph: "The division superintendent shall document each such visit, setting forth the date(s) and time(s) of the required visits and detailing the results of his inquiries. The resulting records shall be kept as public records, subject to inspection under the Freedom of Information Act. The division superintendent shall forward each year's records to the department within thirty days after the close of the fiscal year."
Agency Decision: Request denied.
Statement of Reason for Decision: The Board of Education denies the petitioner's request to amend 8VAC20-390-80 to add the following language: "The division superintendent shall document each such visit, setting forth the date(s) and time(s) of the required visits and detailing the results of his inquiries. The resulting records shall be kept as public records, subject to inspection under the Freedom of Information Act. The division superintendent shall forward each year's records to the Department within thirty days after the close of the fiscal year." Such additional requirements would create a burdensome new recordkeeping mandate on school divisions, when there is no evidence that this new mandate would advance public education.
Agency Contact: Melissa Luchau, Director for Board Relations, Department of Education, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2924, or email melissa.luchau@doe.virginia.gov.
VA.R. Doc. No. R13-20; Filed June 27, 2013, 10:38 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 Dental Practice.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Vahid Tavakoli.
Nature of Petitioner's Request: Require all dentists to give a five-year warranty on crowns and bridges to ensure work is durable and thorough.
Agency Plan for Disposition of Request: The petition will be published on July 29, 2013, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending August 28, 2013. The request to amend regulations and any comments for or against the petition will be considered by the board at its meeting scheduled for September 13, 2013.
Public Comment Deadline: August 28, 2013.
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. R13-30; Filed July 10, 2013, 8:43 a.m.
Initial Agency Notice
Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Deborah Hickman.
Nature of Petitioner's Request: To amend regulations pertaining to requirements for dental assistants II to add another pathway for registration.
Agency Plan for Disposition of Request: The petition will be published on July 29, 2013, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending August 28, 2013. The request to amend regulations and any comments for or against the petition will be considered by the board at its meeting scheduled for September 13, 2013.
Public Comment Deadline: August 28, 2013.
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. R13-31; Filed July 10, 2013, 8:49 a.m.
Initial Agency Notice
Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Terry Dickinson, DDS
Nature of Petitioner's Request: To amend regulations for unprofessional conduct to specify that a dentist cannot: (i) offer rebates or split fees or commissions for services rendered to a patient with any person other than a partner, employee, or employer; nor (ii) directly or indirectly receive a fee or other consideration to or from a third party for the referral of a patient or client.
Agency Plan for Disposition of Request: The petition will be published on July 29, 2013, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending August 28, 2013. The request to amend regulations and any comments for or against the petition will be considered by the board at its meeting scheduled for September 13, 2013.
Public Comment Deadline: August 28, 2013.
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. R13-32; Filed July 10, 2013, 9:02 a.m.
BOARD OF MEDICINE
Initial Agency Notice
Title of Regulation: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathy, Podiatry, and Chiropractic.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Melody Cartwright.
Nature of Petitioner's Request: To amend requirements for practice by chiropractors relating to treatment and diagnosis of curvature of the spine and the use of digital x-rays.
Agency Plan for Disposition of Request: The petition will be published on July 29, 2013, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending August 28, 2013. 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 meeting on October 24, 2013.
Public Comment Deadline: August 28, 2013.
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. R13-33; Filed July 10, 2013, 9:34 a.m.
