Regulatory AlertA Convenient Guide to Regulatory Activity in the CommonwealthJune, 2003The 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 CommentTITLE 2- AGRICULTUREState Board of
Agriculture and Consumer Services (19:19
VA.R. 2797) The Department of
Agriculture and Consumer Services (DACS) is extending the public comment
period on its planned revisions to the Endangered Plant and Insect Species
Act, published as a proposed regulation on September 9, 2002 (see 18:26
VA.R. 3671-3674). The revisions will remove the currently named plants
that are no longer considered globally rare and add those threatened or
endangered plant and insect species that are considered rare both globally
and in Virginia. TITLE 12 — HEALTHState Board of
Health (19:19
VA.R. 2797) The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4002 A 25 of the Code of Virginia, which exempts the Board of Health in promulgating the list of diseases that shall be reported to the Department of Health pursuant to § 32.1-35 of the Code of Virginia. These regulations
are being amended to add Severe Acute Respiratory Syndrome (SARS) to the
list of diseases that medical care providers and laboratories must report
to the Department of Health (DOH), enabling it to conduct epidemiological
surveillance. Department of
Medical Assistance Services (19:20
VA.R. 2931) The Department of
Medical Assistance Services (DMAS) is accepting public comment on proposed
amendments to the regulations governing the Plan for Medical Assistance.
The amendments will (i) remove limitations on a pregnant woman’s
access to substance abuse services, (ii) eliminate the requirement that
a physician must supervise the nurse case manager, (iii) delete the prior
psychiatric hospitalization requirement for mental health support services
eligibility, (iv) change the mental health support service limit from
a monthly limit to a yearly limit, (v) decrease the minimum number of
service hours required for intensive in-home treatment services from at
least five hours to three hours per week, and (vi) require support and
rehabilitation service providers to more frequently review patients’
individual service plans. The proposed changes are intended to improve
service delivery and conform the DMAS regulations to both federal requirements
and the provider licensure requirements set forth by the Department of
Mental Health, Mental Retardation, and Substance Abuse Services (DMHMRSAS). State Board of
Mental Health, Mental Retardation and Substance Abuse Services (19:20
VA.R. 2959) The State Board of
Mental Health, Mental Retardation and Substance Abuse Services (MHMRSAS)
is accepting public comment on planned revisions to the regulations that
assure the protection of human research participants. The proposed changes
will conform the department’s regulations to Virginia Code changes
that became effective on July 1, 2002, and the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA). TITLE 14 — INSURANCEState Corporation Commission (19:20 VA.R. 2968)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 7-71 Rules Governing Viatical Settlement Providers and Viatical Settlement Brokers (amending 14 VAC 5-71-10, 14 VAC 5-71-20, 14 VAC 5-71-40, 14 VAC 5-71-60, 14 VAC 5-71-70, and 14 VAC 5-71-90; adding 14 VAC 5-71-31, 14 VAC 5-71-35, 14 VAC 5-71-91, 14 VAC 5-71-92, and 14 VAC 5-71-93; repealing 14 VAC 5-71-30, and 14 VAC 5-71-80). The State Corporation
Commission (SCC) is accepting public comment on its proposed revisions
to the rules governing viatical settlement providers and viatical settlement
brokers. The revisions being proposed will bring the commission’s
regulations into conformity with Chapter 717 of the 2003 Acts of Assembly
(effective July 1, 2003) by revising the standards for the evaluation
of payments, clarifying reporting requirements for viatical brokers and
providers. New provisions address licensing standards and enforcement
provisions, disclosure requirements, and advertising standards. TITLE 21 — SECURITIES AND RETAIL FRANCHISING State Corporation Commission (19:20 VA.R. 2979) 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 5-120 Virginia Trademark and Service Mark Act (amending 21 VAC 5-120-50). The State Corporation
Commission (SCC) is accepting public comment on its proposed revisions
to the regulations that implement the Virginia Trademark and Service Mark
Act (§ 59.1-92.1 et seq. of the Code of Virginia). The change will
clarify the process for determining when an application for a trademark
or a service mark is finally refused. TITLE 22 — SOCIAL SERVICES State Board of
Social Services (19:19
VA.R. 2807) The proposed regulations
will expand the maximum time for registration with the adoption resource
exchange program from 30 to 60 days following termination of parental
rights and update and clarify the regulation to reflect current practices;
revise the department’s adoption subsidy regulations; and provide
a right of appeal provision for adoptive parents and applicants to appeal
agency decisions related to adoption assistance. The proposed appeal provision
is language taken from 22 VAC 40-270, which is being repealed. The
proposed appeal provision is narrower than the appeal provisions found
in 22 VAC 40-270, which grants adoptive parents and applicants a right
to appeal all service and policy related agency decisions.
|