Regulatory Alert
A Convenient Guide to Regulatory Activity
in the Commonwealth
May,
2003
The Regulatory Alert
is a new feature in the Legislative Record intended to assist General
Assembly members as they keep up with the myriad regulations being proposed
by agencies in the Commonwealth. The goal of this project is to provide
a timely, simple, and accurate summary of the rules that are being proposed
by agencies, boards, and commissions. Highlighting regulations when they
are published as “proposed regulations” gives General Assembly
members notice that the critical public participation phase of the rulemaking
process is well underway—it is during the public participation process
that the questions of an Assembly member or constituent may be most effectively
communicated to the agency and examined by the individuals crafting the
regulatory proposal.
The Regulatory Alert
is not intended to be a substitute for the comprehensive information on
agency rulemaking activity that is currently published biweekly in the
Virginia Register of Regulations or the notification services offered
by the Regulatory Town Hall Web site maintained by the Department of Planning
and Budget. This addition to the Legislative Record is designed
to assist all members as they monitor the development, modification, and
repeal of administrative rules in the Commonwealth.
Access the Virginia Register
of Regulations on-line at http://register.state.va.us/issfiles.htm
or contact bhodges@leg.state.va.us
or the Code Commission staff at (804) 786-3591 for further information.
Proposed Regulations
Open to Public Comment
TITLE 6 — CRIMINAL
JUSTICE AND CORRECTIONS
Department of Criminal
Justice Services (19:14
VA.R. 2028-2062)1
6 VAC 20-171 Regulations
Relating to Private Security Services.
The Criminal Justice Services
Board is accepting public comment on planned revisions to the rules governing
the activities of private security services. The revisions are intended
to increase revenues for the administration of the private security services
program within the Department of Criminal Justice Services (DCJS); streamline
licensure, certification, and registration renewals; and revise certain
licensure requirements. Most notably, the revised regulations require
applicants to demonstrate that they are citizens or legal resident aliens
of the United States; increase the number of hours of entry-level training
required for several categories of certification and registration; require
unarmed security officers to submit fingerprints and pay a new $50 fee
for a criminal history records check; shorten the grace period from 90
to 30 days for regulants to renew a license, registration or certification
without penalty; and shorten from 30 to 10 days the period in which a
regulant must report a misdemeanor or felony conviction to the Department.
Written public comment
is being accepted by DCJS through May 23, 2003.
A public hearing will be held in Richmond on June 12, 2003.
TITLE 9 — ENVIRONMENT
9 VAC 25-760 James
River (Richmond Regional West) Surface Water Management Area.
The State Water Control
Board is accepting public comment on proposed regulations to designate
the James River near Richmond a surface water management area. The proposed
area includes the James River and its tributaries between the Route 522
bridge in Powhatan County and the I-95 Bridge in the City of Richmond.
The regulation will require all nonexempt users who withdraw more than
300,000 gallons per month either to obtain a certificate or a permit or
to participate in a voluntary agreement with other users that will limit
withdrawals during periods of low flow.
Written public comment
is being accepted by DEQ through June 6, 2003.
A public hearing will be
held at the DEQ Piedmont Regional Office in Glen Allen on May 20, 2003.
TITLE 12 — HEALTH
Department of Medical
Assistance Services (19:14
VA.R. 2062-2071)
12 VAC 30-135 Demonstration
Waiver Services.
The Department of Medical
Assistance Services (DMAS) is accepting public comment on the planned
regulations to provide family planning services to eligible women. Since
October 1, 2002, DMAS has been authorized to provide up to 24 months of
postpartum family planning services to certain women who received a Medicaid
reimbursed pregnancy-related service. Family planning services include
gynecological examinations, pregnancy planning, contraception, and screening
for sexually transmitted diseases. Prior to the department receiving this
family planning waiver, women who were eligible for Medicaid because of
pregnancy received only 60 days of postpartum family planning services.
This regulation, when enacted, will replace emergency regulations that
were promulgated to establish the waiver program.
Written public comment
is being accepted by DMAS through May 23, 2003.
Department of Mental
Health, Mental Retardation & Substance Abuse Services (19:14
VA.R. 2071-2081)
12 VAC 35-105 Rules
and Regulations for the Licensing of Providers of Mental Health, Mental
Retardation and Substance Abuse Services.
The Department of Mental
Health, Mental Retardation and Substance Abuse Services (DMHMRSAS) is
accepting public comment on the planned revisions to the regulations for
provider licensing. The revised regulations will provide procedures for
the department to license providers of day support, crisis stabilization,
and in-home support services funded through the Individual and Family
Developmental Disabilities Support (IFDDS) Waiver.
Written public comment
is being accepted by DMHMRSAS through May 23, 2003.
Department of Medical
Assistance Services (19:15
VA.R. 2246-2253)
12 VAC 30-70 Methods
and Standards for Establishing Payment Rates; Inpatient Hospital Care.
12 VAC 30-80 Methods
and Standards for Establishing Payment Rates; Other Types of Care.
12 VAC 30-90 Methods
and Standards for Establishing Payment Rates for Long-term Care.
The proposed regulations
will authorize supplemental payments for Medicaid inpatient and outpatient
services provided by state or nonstate government-owned or operated hospitals,
clinics, and nursing homes. These payments will be used to claim federal
matching funds to supplement the Medicaid operating budget.
Written public comment
is being accepted by DMAS through June 7, 2003.
Department of Medical
Assistance Services (19:17
VA.R. 2473-2485)
12 VAC 30-120 Waivered
Services.
The Department is
accepting public comment on proposed regulations permitting certain children
who at age six become ineligible for the Mental Retardation Waiver to
transfer automatically to the Individual and Family Developmental Disability
Support Waiver (IFDDS). The regulations describe the eligibility requirements
for these children and the transfer process. These regulations, when enacted,
will replace emergency regulations that were promulgated to establish
the waiver program.
Written public comment
is being accepted by DMAS through July 5, 2003.
TITLE 14 — INSURANCE
The State Corporation
Commission is exempt from the Administrative Process Act
in accordance with § 2.2-4002 A 2 of the Code of Virginia, which
exempts courts, any agency of the Supreme Court, and any agency that by
the Constitution is expressly granted any of the powers of a court of
record.
14 VAC 5-270 Rules
Governing Annual Audited Financial Reports. EXEMPT
The State Corporation
Commission is accepting public comment on its proposed revisions to certain
regulations of the Bureau of Insurance governing annual audited financial
reports. The revised regulations will define the term indemnification;
prohibit Certified Public Accountants from entering into an agreement
of indemnity or release from liability with respect to the audit of the
insurer; and authorize CPAs to enter into mediation and arbitration agreements
to resolve disputes arising from an audit. The SCC has set July 1, 2003,
as the proposed effective date of the revised regulations.
Written public comment
is being accepted by the SCC through May 23, 2003.
A public hearing to receive
oral public comment is not planned but will be scheduled if requested.
TITLE 18 — PROFESSIONAL
AND OCCUPATIONAL LICENSING
18 VAC 76-20 Regulations
Governing the Prescription Monitoring Program.
The Department of Health
Professions is accepting comment on the planned regulations establishing
the prescription monitoring program authorized by Chapter 481 of the 2002
Acts of Assembly. The program is designed to reduce "doctor shopping"
by drug-abusing patients and identify physicians who inappropriately prescribe
medications with serious abuse potential. The proposed regulations apply
only to pharmacies located in Health Planning District III (Southwestern
Virginia).
Written public comment
is being accepted by DHP through June 6, 2003.
A public hearing to accept
oral comment was held at the DHP offices in Richmond on April 23, 2003.
TITLE 21 — SECURITIES
AND RETAIL FRANCHISING
The State Corporation
Commission is exempt from the Administrative
Process Act in accordance with § 2.2-4002 A 2 of the Code of
Virginia, which exempts courts, any agency of the Supreme Court, and any
agency that by the Constitution is expressly granted any of the powers
of a court of record.
21 VAC 5-10 General
Administration--Securities Act. EXEMPT
21 VAC 5-20 Broker-Dealers,
Broker-Dealer Agents and Agents of the Issuer: Registration, Expiration,
Renewal, Updates and Amendments, Termination, Changing Connection, Merger
or Consolidation, Examinations/Qualification, Financial Statements and
Reports. EXEMPT
21 VAC 5-30 Securities
Registration. EXEMPT
21 VAC 5-40 Exempt
Securities. EXEMPT
21 VAC 5-45 Federal
Covered Securities. EXEMPT
21 VAC 5-80 Investment
Advisors. EXEMPT
21 VAC 5-100 Disclosure
of Information on Documents by Commission. EXEMPT
The State Corporation
Commission is accepting public comment on its proposed revisions to the
Securities Act. The revised regulations will implement books and records
requirements for broker-dealers and agents, adopt versions of certain
rules proposed by the North American Securities Administrators Association,
segment and emphasize filings for federal covered securities, update the
exemptions for Canadian securities, add a provision to the rules regarding
dishonest and unethical practices, and make minor and technical changes
to the regulations.
Written public comment
is being accepted by the SCC through May 21, 2003.
A public hearing to receive
oral public comment is not planned but will be scheduled if requested.
1
The Virginia Register of Regulations is cited by volume, issue,
and page number. 19:14 VA.R. 2028-2062 refers to Volume 19, Issue 14,
pages 2028 through 2062 of the Register.
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