7/30/2020 9:04 am
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: Board of Optometry
Regulatory Coordinator: Elaine J. Yeatts

(804)367-4688

elaine.yeatts@dhp.virginia.gov
Agency Contact: Leslie L. Knachel

Executive Director

(804)597-4130

leslie.knachel@dhp.virginia.gov
Contact Address: Department of Health Professions

9960 Mayland Drive

Suite 300

Richmond, VA 23233
Chapter Affected:
18 vac 105 - 20: Regulations of the Virginia Board of Optometry
Statutory Authority: State: Chapter 32 of Title 54.1

Federal:
Date Petition Received 04/22/2020
Petitioner David Haine
 Petitioner's Request
To amend section 45 to include the number of contact lenses that can be dispensed from a prescription for contact lenses.
 Agency Plan
The petition will be published in the Register of Regulations on May 25, 2020 with comment requested until June 24, 2020. The Board will consider all comments and the petition and decide whether to initiate rulemaking at its next meeting scheduled for July 17, 2020.
Publication Date 05/25/2020  (comment period will also begin on this date)
Comment End Date 06/24/2020
 Agency Decision
Take no action
Agency Response Date 07/30/2020
 Agency Decision Text
The Board discussed the request to amend regulations to add a requirement to include the total number of lenses on a prescription and voted not to initiate rulemaking. The Board concurred with the comment from the National Association of Optometrists and Opticians that it is contrary to the spirit of Federal Trade Commission law and rules. Additionally, the regulation would be very difficult to monitor or enforce.