Division of Legislative Services > Legislative Record > 2006

Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

October, 2006

The Regulatory Alert is 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 website maintained by the Department of Planning and Budget. It is hoped that the Legislative Record will assist all members as they monitor the development, modification and repeal of administrative rules in the Commonwealth.

Access the Virginia Register of Regulations online at http://legis.state.va.us/codecomm/register/issfiles.htm or contact epalen@leg.state.va.us or the Code Commission staff at (804) 786-3591 for further information.

Proposed Regulations Open to Public Comment:

TITLE 1. ADMINISTRATION

DEPARTMENT OF HUMAN RESOURCE MANAGEMENT
Proposed Regulation

1 VAC 55-30. Long-Term Care Regulations (adding 1 VAC 55-30-10 through 1 VAC 55-30-90).

Written public comment may be submitted to the Department of Human Resource Management until December 16, 2006.

The proposed regulation explains which groups of employees, former employees and their dependents are eligible for the long-term care program sponsored by the Department of Human Resource Management. Additionally, the regulation clarifies the different insurance classifications, and the processes that the eligible participants within each classification must go through in order to secure coverage.

The regulation spells out that satisfactory evidence of good health is required prior to enrollment in the plan except for newly eligible active employees or during special enrollments. Regardless as to date of hire or any special enrollment, employees must be actively at work in order to be accepted into the program.

For further information please contact Charles Reed, Associate Director, Department of Human Resource Management, (804) 786-3124, FAX (804) 371-0231, or email charles.reed@dhrm.virginia.gov.


TITLE 8. EDUCATION

STATE BOARD OF EDUCATION
Proposed Regulation

8 VAC 20-21. Licensure Regulations for School Personnel (repealing 8 VAC 20-21-10 through 8 VAC 20-21-730).

8 VAC 20-22. Licensure Regulations for School Personnel (adding 8 VAC 20-22-10 through 8 VAC 20-22-760).

A public hearing will be held November 28, 2006, at 11 a.m., Office of Policy and Public Affairs, Department of Education, Richmond, Virginia. Written public comment may be submitted until 5 p.m. on December 15, 2006.

The present action proposes substantive changes in the requirements for licensure of school personnel. In a concurrent action, the Board of Education proposes to repeal the text of the current regulations (8 VAC 20-21) and promulgate new regulations (8 VAC 20-22). Substantive new requirements are proposed in several areas, including: (i) conditions for licensure (including, but not limited to, a revision of the exemption experience criteria for testing requirements and requiring all teachers on provisionally issued licenses to meet testing requirements for licensure within one year of the contractual date of employment); (ii) types of licenses; (iii) designations of career paths to teaching; (iv) added endorsements by examination; (v) conditions for licensure by reciprocity; (vi) names of a few endorsements and requirements for some teaching areas; (vii) endorsement areas by adding the mathematics specialist, school manager, and speech language assistant; and (viii) the administration and supervision endorsement.

For further information please contact Dr. Margaret N. Roberts, Office of Policy and Public Affairs, Department of Education, (804) 225-2540, FAX (804) 225-2524, email margaret.roberts@doe.virginia.gov.

STATE BOARD OF EDUCATION
Proposed Regulation

8 VAC 20-541. Regulations Governing Approved Programs for Virginia Institutions of Higher Education (repealing 8 VAC 20-541-10 through 8 VAC 20-541-60).

8 VAC 20-542. Regulations Governing the Review and Approval of Education Programs in Virginia (adding 8 VAC 20-542-10 through 8 VAC 20-542-600).

A public hearing will be held November 29, 2006, at 11 a.m., Office of Policy and Public Affairs, Department of Education, Richmond, Virginia. Written public comment may be submitted until 5 p.m. on December 15, 2006.

The program approval process in Virginia is designed to ensure an alignment between approved education programs and the needs of preK-12 schools. Due to significant proposed revisions to 8 VAC 20-541, Regulations Governing Approved Programs for Virginia Institutions of Higher Education, the Board of Education is proposing a new regulation, 8 VAC 20-542, Regulations Governing the Review and Approval of Education Programs in Virginia.

Substantive elements of the proposed new regulations focus on revision of selected definitions to conform with changes in the proposed new regulations; modifications in administration of the proposed new regulations, including separation of the accreditation process from the program approval process; the development of regulations focused on biennial measures of accountability; and inclusion and modification of competencies for preparation programs for school personnel contained in 8 VAC 20-21, Licensure Regulations for School Personnel.

For further information please contact Dr. Margaret N. Roberts, Office of Policy and Public Affairs, Department of Education, (804) 225-2540, FAX (804) 225-2524, email margaret.roberts@doe.virginia.gov.


TITLE 12. HEALTH

STATE BOARD OF HEALTH
Proposed Regulation

12 VAC 5-585. Biosolids Use Regulations (amending 12 VAC 5-585-70, 12 VAC 5-585-510 and 12 VAC 5-585-600 through 12 VAC 5-585-630).

A public hearing will be held November 9, 2006, at 7 p.m., Department of Health, Richmond, Virginia. Written public comment may be submitted until December 18, 2006.

The proposed amendments provide for resolution of disputes involving local governments and land appliers concerning permit compliance issues and for land application site management practices, including extended buffer setback distances, the application of biosolids, nutrient management plan requirements and extended buffer zones for surface application without incorporation, to protect odor sensitive receptors.

For further information please contact C. M. Sawyer, Division Director, Department of Health, (804) 864-7463, FAX (804) 864-7475, or email cal.sawyer@vdh.virginia.gov.


TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING
Proposed Regulation

18 VAC 90-25. Regulations Governing Certified Nurse Aides (amending 18 VAC 90-25-15 through 18 VAC 90-25-80 and 18 VAC 90-25-100 through 18 VAC 90-25-130; adding 18 VAC 90-25-71, 18 VAC 90-25-72 and 18 VAC 90-25-81).

A public hearing will be held November 14, 2006, at 11:30 a.m., Board of Nursing, Richmond, Virginia. Written public comment may be submitted until 5 p.m. on December 15, 2006.

The proposed amendments (i) require nursing aide programs to report any change of physical location to the board, (ii) specify that the licenses required of program coordinators and instructors be current and unrestricted, (iii) dedicate 16 of the 24 training hours that nursing aide students are required to complete before they have contact with nursing facility patients to five enumerated core curriculum topics, (iv) provide that providing false information to staff or board members in the course of an investigation or proceeding may lead to disciplinary action, and (v) specify that a nursing aide certificate holder can only petition the board once to remove a finding of neglect.

For further information please contact Jay P. Douglas, R.N., Executive Director, Board of Nursing, (804) 662-9909, FAX (804) 662-9512, or email jay.douglas@dhp.virginia.gov.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION
Proposed Regulation

18 VAC 120-30. Regulations Governing Polygraph Examiners (amending 18 VAC 120-30-100).

A public hearing will be held December 11, 2006, at 1 p.m., Department of Professional and Occupational Regulations, Richmond, Virginia. Written public comment may be submitted until December 15, 2006.

The proposed amendments increase fees for licensed polygraph examiners and polygraph examiner interns, add a certificate of licensure fee, and eliminate the dishonored check fee.

For further information contact Kevin E. Hoeft, Regulatory Boards Administrator, DPOR, (804) 367-6166, FAX (804) 367-0674, or email polygraph@dpor.virginia.gov.

 

Division of Legislative Services > Legislative Record > 2006 

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