PETITIONS FOR RULEMAKINGVol. 27 Iss. 26 - August 29, 2011
TITLE 2. AGRICULTURE
PESTICIDE CONTROL BOARD
Agency Decision
Title of Regulation: 2VAC20-51. Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act.
Statutory Authority: § 3.2-3906 of the Code of Virginia.
Name of Petitioner: Robert Taylor.
Nature of Petitioner's Request: The petitioner is requesting that the Pesticide Control Board exempt cotton boll weevil trappers working under the auspices of the Virginia Department of Agriculture and Consumer Services from having to hold or obtain pesticide applicator or registered technician certification.
Agency Decision: Granted.
Statement of Reason for Decision: The Pesticide Control Board determined at its July 21, 2011, meeting that the placement of a pesticide product inside cotton boll weevil traps by cotton boll weevil surveyors working under the auspices of Virginia Department of Agriculture and Consumer Services can be accomplished with minimal risk to public health and safety. At its meeting on October 20, 2011, the board will hold a public hearing regarding the exempt regulatory action to amend 2VAC20-51, Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act, to include the requested exemption.
Agency Contact: Liza Fleeson, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 371-6559, or email liza.fleeson@vdacs.virginia.gov.
VA.R. Doc. No. R11-30; Filed July 29, 2011, 8:45 a.m.
Agency Decision
Title of Regulation: 2VAC20-51. Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act.
Statutory Authority: § 3.2-3906 of the Code of Virginia.
Name of Petitioner: Jerryanne Bier.
Nature of Petitioner's Request: The petitioner is requesting that the Pesticide Control Board exempt gypsy moth trappers working under the auspices of the Virginia Department of Agriculture and Consumer Services from having to hold or obtain pesticide applicator or registered technician certification.
Agency Decision: Granted.
Statement of Reason for Decision: The Pesticide Control Board determined at its July 21, 2011, meeting that the placement of a pesticide product inside gypsy moth traps by gypsy moth surveyors working under the auspices of the Virginia Department of Agriculture and Consumer Services can be accomplished with minimal risk to public health and safety. At its meeting on October 20, 2011, the board will hold a public hearing regarding the exempt regulatory action to amend 2VAC20-51, Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act, to include the requested exemption.
Agency Contact: Liza Fleeson, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 371-6559, or email liza.fleeson@vdacs.virginia.gov.
VA.R. Doc. No. R11-29; Filed July 29, 2011, 8:47 a.m.
w –––––––––––––––––– w
TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Establish a new provision in the Human Rights regulations that prohibits Virginia State Training Centers from requiring chosen representatives to have Training Center authorization prior to have access to the residents service records for the residents they represent pursuant to the human rights complaint resolution process.
Agency Decision: Denied.
Statement of Reason for Decision: This appears to be an administrative practice issue and not appropriate for regulatory action.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R11-33; Filed July 29, 2011, 9:29 a.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Establish a new provision in the Human Rights regulations that requires Virginia State Training Centers to petition Virginia Judicial Districts to assign the population they service legal guardians.
Agency Decision: Denied.
Statement of Reason for Decision: The request exceeds the scope of 12VAC35-115.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R11-34; Filed July 29, 2011, 9:23 a.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend 12VAC35-115 to require CSBs and Virginia State Training Centers to physically post FOIA information prescribed under § 2.2-3704.1 of the Code of Virginia.
Agency Decision: Denied.
Statement of Reason for Decision: The request exceeds the scope of 12VAC35-115.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R11-35; Filed July 29, 2011, 9:18 a.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend 12VAC35-115-10 to separate the legal aspects, administrative aspects, and clinical aspects of the Department of Behavioral Health and Developmental Services duties.
Agency Decision: Denied.
Statement of Reason for Decision: 12VAC35-115-10 does not address Department of Behavioral Health and Developmental Services duties, so it is unclear what regulatory change the petitioner is seeking.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R11-36; Filed July 29, 2011, 9:18 a.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend 12VAC35-115-30 definition of "providers" to include the Commissioner, State Human Rights Director (SHRD), Human Rights Advocate and governing bodies of licensed providers.
Agency Decision: Denied.
Statement of Reason for Decision: The requested regulatory change is inconsistent with the definition of "providers" contained in the Code of Virginia.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R11-37; Filed July 29, 2011, 9:17 a.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend 12VAC35-115-80 to require providers notify an individual receiving services that a person, other than a healthcare provider, attempted to contact the individual when a person has attempted to contact them.
Agency Decision: Denied.
Statement of Reason for Decision: This appears to be a practice issue and not appropriate for regulatory action. 12VAC35-115-80 deals with an individual's right to have all identifying information remain confidential.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R11-38; Filed July 29, 2011, 9:21 a.m.
w –––––––––––––––––– w
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PSYCHOLOGY
Initial Agency Notice
Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology.
Statutory Authority: § 54.1-3600 of the Code of Virginia.
Name of Petitioner: James D. Watwood.
Nature of Petitioner's Request: Increase the time limit for romantic or sexual relationships with patients from two years after termination to indefinite when the patient has been a victim of rape, incest, or sexual abuse.
Agency's Plan for Disposition of Request: In accordance with Virginia law, the petition was filed with the Register of Regulations with a request for comment to be received until September 20, 2011. The petition will also be posted for comment on the Virginia Regulatory Townhall at www.townhall.virginia.gov. At its next meeting, which is scheduled for November 8, 2011, the board will consider the petition and any comment received to decide whether to initiate the rulemaking process.
Public Comment Deadline: September 20, 2011.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4699, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R11-51; Filed July 28, 2011, 9:46 a.m.
