PETITIONS FOR RULEMAKINGVol. 27 Iss. 2 - September 27, 2010
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHARMACY
Agency Decision
Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy.
Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Name of Petitioner: Eric Haas.
Nature of Petitioner's Request: Amend requirement for filing prescriptions to allow filing by date of initial dispensing or date of initial entry into pharmacy electronic recordkeeping system if such a system is employed by the pharmacy. The rationale for the request is that prescriptions are often placed into electronic systems for later dispensing, and retrieval and reassignment of the date is cumbersome and unnecessary and may promote errors in a patient's record.
Agency Decision: Request denied.
Statement of Reason for Decision: The board denied the petition but agreed that it would like to query other states to determine policies and/or rules for entry of different dates into an electronic recordkeeping system. An informal opinion from the Drug Enforcement Administration states that, while not directly prohibited, the policy of "holding" a prescription in a computer for subsequent filling is not advisable and presents a diversion issue. The board will revisit the request after additional information is obtained.
Agency Contact: Caroline D. Juran, Acting Executive Director, Board of Pharmacy, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.
VA.R. Doc. No. R10-61; Filed September 15, 2010, 9:22 a.m.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION BOARD
Agency Decision
Title of Regulation: 24VAC30-121. Comprehensive Roadside Management Program.
Statutory Authority: §§ 33.1-12 and 33.1-223.2:9 of the Code of Virginia.
Name of Petitioner: Proctor S. Harvey.
Nature of Petitioner's Request: Amend provisions of regulations as follows: (i) in 24VAC30-121-30, add new subsection C to allow VDOT District Administrator or designees to review issues arising from a permit application, and make recommendations and decisions for resolution; and (ii) in 24VAC30-121-40 D 4 concerning location of acknowledgement signs, change criteria in subdivisions a, b, c, and d from 45 mph to 60 mph to allow for greater locations for gardens.
Agency Decision: Initiate a regulatory change.
Statement of Reason for Decision: In its interim response to this petition published in The Virginia Register on July 5, 2010, VDOT deferred any decision while seeking comment from the Federal Highway Administration (FHWA) regarding the portion of the changes proposed to the regulation involving signage along the main traveled way and interchanges of noncontrolled and controlled access primary and secondary highways, in addition to interstate interchanges. VDOT has considered Part (i) of the petitioner’s proposal, which involves allowing VDOT District Administrators or designees to review issues arising from a permit application, and make recommendations and decisions for resolution. VDOT has decided to reject implementation of Part (i) due to concerns that implementation would adversely affect consistency in how the regulation is applied on a statewide basis. Without some degree of standardization, the public could lose confidence that the regulations are being implemented fairly from district to district.
VDOT has received input from the Federal Highway Administration (FHWA) concerning Part (ii) of this proposal, which involves signage along the main traveled way and interchanges of noncontrolled and controlled access primary and secondary highways, in addition to interstate interchanges. VDOT concurs with the petitioner that implementation of this part of the petition will make more sites eligible for location of gardens and enhance support for the program from potential donors while maintaining satisfactory safety parameters for travel. Therefore, VDOT will proceed with a Fast-Track implementation of Part (ii) as soon as pending changes to the Comprehensive Roadside Management Program (CRMP) regulations have been made in conjunction with a previous Fast-Track action concerning new General Rules and Regulations of the Commonwealth Transportation Board, the adoption of which affected content of the CRMP. VDOT reserves the right to make additional regulatory changes not covered in the petition as dictated by good business practices, the application of sound engineering principles, or to improve the usefulness of the regulations to the regulated parties, the public, and VDOT staff.
Agency Contact: M. Brian Waymack, State Roadside Manager Maintenance Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-0967, FAX (804) 786-0628, or email brian.waymack@vdot.virginia.gov.
VA.R. Doc. No. R10-41; Filed September 14, 2010, 2:47 p.m.
