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

State Water Control Board (19:15 VA.R. 2241-2246)

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

State Corporation Commission (19:14 VA.R. 2082-2084)

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

Department of Health Professions (19:15 VA.R. 2255-2263)

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

State Corporation Commission (19:16 VA.R. 2344-2369)

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.

THE RECORD

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