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Division of Legislative Services > Legislative Record > 2006 |
Proposed Regulations
Open to Public Comment:
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| REGISTRAR'S NOTICE: The Virginia Racing Commission is exempt from the Administrative Process Act pursuant to subdivision A 18 of § 2.2-4002 of the Code of Virginia when acting by and through its duly appointed stewards or in matters related to any specific race meeting. The Virginia Racing Commission adopted the regulations to apply to the live harness race meeting scheduled to begin on September 4, 2006. |
11 VAC 10-70. Stewards (amending 11 VAC 10-70-20, 11 VAC 10-70-30, 11 VAC 10-70-40, 11 VAC 10-70-60 through 11 VAC 10-70-90 and 11 VAC 10-70-170; repealing 11 VAC 10-70-50).
11 VAC 10-90. Appeals to the Commission (amending 11 VAC 10-90-10, 11 VAC 10-90-30, and 11 VAC 10-90-50).
Written public comment may be submitted until 5 p.m. on October 20, 2006.
The amendments clarify the authority of the stewards appointed by the Virginia Racing Commission to enforce and interpret the commission’s regulations. The definition of "participant" has been added, which provides that certain individuals associated with a horse that is entered to run in Virginia shall be considered as participants and come under the jurisdiction of the commission. Additionally, the amendments provide the commission with the authority to take disciplinary actions through stewards or at a meeting at which a quorum is present and clarify that such disciplinary actions must be determined by a preponderance of the evidence. These amendments are made to conform the regulation to Chapter 700 of the 2005 Acts of Assembly.
For additional information contact David S. Lermond, Jr., Virginia Racing Commission, (804) 966-7404, FAX (804) 966-7418, or e-mail david.lermond@vrc.virginia.gov.
STATE BOARD OF HEALTH
12 VAC 5-70. Regulations Governing the Newborn Screening and Treatment Program (repealing 12 VAC 5-70-10 through 12 VAC 5-70-50).
12 VAC 5-71. Regulations Governing Virginia Newborn Screening Services (adding 12 VAC 5-71-10 through 12 VAC 5-71-190).
Written public comment may be submitted until 5 p.m. on October 23, 2006.
The proposed action repeals the existing newborn screening regulations and promulgates new regulations that conform to Chapter 721 of the 2005 Acts of Assembly. The regulations establish rules for the newborn screening services in the Commonwealth of Virginia. The proposed regulations (i) provide additional (relevant) definitions, (ii) expand the panel of diseases for which newborns are screened from 12 to 29, (iii) clarify the roles and responsibilities of different entities involved in the newborn screening, and (iv) establish an income eligibility criterion for publicly provided formula and food benefits.
For further information please contact Nancy Ford, Depart-ment of Health, (804) 864-7691, FAX (804) 864-7647, or e-mail nancy.ford@vdh.virginia.gov.
STATE BOARD OF HEALTH
12 VAC 5-125. Regulations for Bedding and Upholstered Furniture Inspection Program (adding 12 VAC 5-125-10 through 12 VAC 5-125-180).
A public hearing will be held October 11, 2006 at 3 p.m., Department of Health, Richmond, Virginia. Written public comment may be submitted until October 20, 2006.
The regulations expand bedding and upholstered furniture definitions, outline causes for inspections, expand exemptions to the bedding law in the Code of Virginia, and outline penalties for violations.
For more information contact Gary L. Hagy, Division of Food and Environmental Services, Department of Health, (804) 864-7455, FAX (804) 864-7475, or e-mail gary.hagy@vdh.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
12 VAC 30-30. Groups Covered and Agencies Responsi-ble for Eligibility Determination (adding 12 VAC 30-30-60).
12 VAC 30-40. Eligibility Conditions and Requirements (amending 12 VAC 30-40-10).
12 VAC 30-50. Amount, Duration, and Scope of Medical and Remedial Care Services (amending 12 VAC 30-50-530; adding 12 VAC 30-50-35 and 12 VAC 30-50-75).
Written public comment may be submitted until October 20, 2006.
The Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA) established the Medicare Prescription Drug Program, also known as Medicare Part D, making prescription drug coverage available to individuals who are entitled to receive Medicare benefits under Part A or Part B, beginning on January 1, 2006. In response to this federal mandate the 2005 General Assembly mandated that the Medicaid Agency promulgate "necessary regulations to implement the provisions of the Medicare Part D prescription drug benefit" and required DMAS to promulgate such regulations within 280 days of the enactment of Chapters 24 and 56 of the 2005 Acts of Assembly.
For more information please contact Jack Quigley, Department of Medical Assistance Services, (804) 786-1300, FAX (804) 786-1680, or e-mail jack.quigley@dmas.virginia.gov.
MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES BOARD
12 VAC 35-45. Regulations for Providers of Mental Health, Mental Retardation, Substance Abuse and Brain Injury Residential Services for Children (amending 12 VAC 35-45-10, 12 VAC 35-45-70, 12 VAC 35-45-80; adding 12 VAC 35-45-210).
Written public comment may be submitted until October 23, 2006.
The proposed action adds provisions for licensing providers of brain injury services. The proposed amendments (i) add a definition of "brain injury" and incorporate brain injury service into the definition "services" that are governed by these regulations, (ii) add or revise several other definitions to encompass brain injury services, (iii) require providers of brain injury services to maintain policies and structured programs to reduce or ameliorate the effects of brain injury, (iv) add "neurobehavioral service" to the scope of services that may be part of a structured program, and (v) include requirements for the staff and supervision of residential facilities for children with brain injury. For more information please contact Leslie Anderson, Department of Mental Health, Mental Retardation and Substance Abuse Services, (804) 371-6885, FAX (804) 692-0066, or e-mail leslie.anderson@co.dmhmrsas.virginia.gov. MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES BOARD 12 VAC 35-45. Regulations for Providers of Mental Health, Mental Retardation and Substance Abuse Residential Services for Children (adding 12 VAC 35-45-25). Written public comment may be submitted until October 23, 2006. The proposed amendments establish procedures for the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to issue an order of summary suspension in cases of immediate and substantial threat to the health, safety, and welfare of residents. These include procedures for scheduling and conducting an administrative hearing when the commissioner issues an order of summary suspension, including the appointment of a hearing officer by the Executive Secretary of the Supreme Court.
For more information please contact Leslie Anderson, Department of Mental Health, Mental Retardation and Substance Abuse Services, (804) 371-6885, FAX (804) 692-0066, or e-mail leslie.anderson@co.dmhmrsas.virginia.gov.
MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES BOARD
12 VAC 35-105. Rules and Regulations for the Licens-ing of Providers of Mental Health, Mental Retardation and Substance Abuse Services (amending 12 VAC 35-105-20, 12 VAC 35-105-30, 12 VAC 35-105-590 and 12 VAC 35-105-660).
Written public comment may be submitted until October 23, 2006.
The proposed action adds provisions for licensing providers of brain injury services. The proposed amendments (i) add a definition of "brain injury" and incorporate brain injury service providers into the definition of service "provider" that is subject to the licensing provisions; (ii) add or revise several other definitions to encompass the providers of brain injury services; (iii) expand the description of providers that are issued licenses to include providers offering residential services to persons with brain injury under the Brain Injury Waiver, although presently there is no Brain Injury Waiver in Virginia; (iv) require provider staffing and supervision of brain injury services; and (v) add requirements for the individualized services plan that address the specific needs of individuals receiving brain injury services.
For more information please contact Leslie Anderson, Department of Mental Health, Mental Retardation and Substance Abuse Services, (804) 371-6885, FAX (804) 692-0066, or e-mail leslie.anderson@co. dmhmrsas.virginia.gov.
MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES BOARD
12 VAC 35-105. Rules and Regulations for the Licens-ing of Providers of Mental Health, Mental Retardation and Substance Abuse Services (adding 12 VAC 35-105-925).
Public hearings will be held September 19, 2006 at 2 p.m., Glen Allen; October 3, 2006 at 10 a.m., Wytheville. Written public comment may be submitted until October 23, 2006.
The proposed amendments provide specific standards for evaluating the need and appropriateness for the issuance of new licenses for providers of treatment of persons with opioid addiction through the use of methadone or other opioid replacements. As required by Chapter 7 of the 2005 Acts of Assembly, these standards include consideration of demographic and geographic factors, the availability of qualified staff and support services, the suitability of the service site, and several other related attributes of a proposed service provider.
For more information please contact Leslie Anderson, Department of Mental Health, Mental Retardation and Substance Abuse Services, (804) 371-6885, FAX (804) 692-0066, or e-mail leslie.anderson@ co.dmhmrsas.virginia.gov.
MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES BOARD
12 VAC 35-210. Regulations to Govern Temporary Leave from State Mental Health and State Mental Retardation Facilities (adding 12 VAC 35-210-10 through 12 VAC 35-210-120).
Written public comment may be submitted until October 23, 2006.
The proposed regulation will govern the general process and establish requirements for granting temporary leave to individuals receiving services in state mental health and mental retardation facilities. The proposed regulation requires state facilities to include plans for temporary leave as part of individual treatment planning and gives the state facility director final authority to grant this leave. The regulation also defines the types and duration of leave that may be authorized, requires documentation, and defines a "responsible person" for an individual who is on leave status. Provisions also guide state facilities in managing situations when an individual becomes ill or injured during leave, or fails to return to the state facility as scheduled.
For further information please contact Marion Greenfield, Office of Quality Management, Department of Mental Health, Mental Retardation and Substance Abuse Services, (804) 786-4516, FAX (804) 786-8623, or e-mail marion.greenfield.@co.dmhmrsas.virginia.gov.
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
13 VAC 5-111. Virginia Enterprise Zone Program Regula-tions (repealing 13 VAC 5-111-10 through 13 VAC 5-111-390).
13 VAC 5-112. Enterprise Zone Grant Program Regula-tions (adding 13 VAC 5-112-10 through 13 VAC 5-112-560).
A public hearing will be held September 13, 2006 at 9 a. m., Department of Housing and Community Development, Richmond. Written public comment may be submitted until October 6, 2006.
The proposed regulations will establish the processes and procedures for the provision of the new Real Property Investment Grants and the new Job Creation Grants; establish new enterprise zone administration processes and procedures as provided for in Chapter 49 (§§ 59.1-538 through 59.1-549) of Title 59.1 of the Code of Virginia.
The proposed regulations will also establish the process and procedures for providing the Enterprise Zone Business Tax Credit, Enterprise Zone Real Property Investment Tax Credit and the Job Grants as provided for by amendments to §§ 59.1-279, 59.1-280, 59.1-280.1, 59.1-282.1 and 59.1-282.2 of the Code of Virginia.
For additional information please contact Steve Calhoun, Department of Housing and Community Development, (804) 371-7015, FAX (804) 371-7090, or e-mail steve.calhoun@dhcd.virginia.gov.
DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL LICENSING
18 VAC 120-30. Regulations Governing Polygraph Examiners (amending 18 VAC 120-30-10, 18 VAC 120-30-30, 18 VAC 120-30-40, 18 VAC 120-30-50, 18 VAC 120-30-90, 18 VAC 120-30-100, 18 VAC 120-30-130, 18 VAC 120-30-150, 18 VAC 120-30-160, 18 VAC 120-30-180, 18 VAC 120-30-190, 18 VAC 120-30-200, 18 VAC 120-30-220, 18 VAC 120-30-230, 18 VAC 120-30-240, 18 VAC 120-30-250, 18 VAC 120-30-270, 18 VAC 120-30-280; adding 18 VAC 120-30-55, 18 VAC 120-30-290, 18 VAC 120-30-300 and 18 VAC 120-30-310).
A public hearing will be held September 21, 2006, at 10 a.m., Department of Professional and Occupational Regulation, Richmond. Written public comment may be submitted until October 6, 2006.
The proposed amendments (i) facilitate online submission of applications, (ii) provide that applicants for licensure will no longer be required to submit signed affidavits certifying that they have read and understand the sections of Virginia law and the administrative code that deal with polygraph examiner licensure, (iii) provide that applicants for licensure will submit a record of current Central Criminal Records Exchange with their application rather than submit fingerprint cards, and (iv) provide that attorneys who are licensed in any state of jurisdiction of the United States will be allowed to provide instruction on the "Legal Aspects of Polygraph Examination" at polygraph examiner schools.
For more information please contact Kevin E. Hoeft, Department of Professional and Occupational Regulation, (804) 367-6166, FAX (804) 367-2474, or e-mail polygraph@dpor.virginia.gov.
STATE BOARD OF SOCIAL SERVICES
22 VAC 40-71. Standards and Regulations for Licensed Assisted Living Facilities (REPEALED).
22 VAC 40-72. Standards for Licensed Assisted Living Facilities (adding 22 VAC 40-72-10 through 22 VAC 40-72-1160).
Public hearings will be held on September 7, 2006, at 6 p.m., Fredericksburg; September 11, 2006, at 6 p.m., Williams-burg; September 13, 2006, at 6 p.m., Roanoke. Written public comment may be submitted until October 6, 2006.
The proposed regulatory action is a joint action to repeal the existing regulation, 22 VAC 40-71, and establish a new regulation, 22 VAC 40-72, for licensed assisted living facilities. The new regulation includes additional requirements for assisted living facilities in the following areas: care and services to residents; staff qualifica-tions, training, and responsibilities; management of the facility; physical plant features; coordination with mental health systems; disclosure of information; and emergency preparedness. The proposed standards emphasize resident-centered care and services. The standards include requirements that strive for a more homelike environment for residents.
For additional information please contact Judith McGreal, Division of Licensing Programs, Department of Social Services, (804) 726-7157, FAX (804) 726-7132, or e-mail judith.mcgreal@dss.virginia.gov.
STATE BOARD OF SOCIAL SERVICES
22 VAC 40-80. General Procedures and Information for Licensure (amending 22 VAC 40-80-60, 22 VAC 40-80-120, 22 VAC 40-80-340, 22 VAC 40-80-370, 22 VAC 40-80-430; adding 22 VAC 40-80-345).
Public hearings will be held on September 7, 2006, at 6 p.m., Fredericksburg; September 11, 2006, at 6 p.m., Williams-burg; September 13, 2006, at 6 p.m., Roanoke. Written public comment may be submitted until October 6, 2006.
The proposed amendments add a requirement regarding notification to the department when a licensee plans to close or sell a facility; add additional items to the list of documents that must be posted in a facility; add additional administrative sanctions that the commissioner may impose upon licensed facilities when they fail to maintain compliance with regulations or laws; and add a new section that provides procedures for summary orders of suspension. Also included are minor changes to procedures for consent agreements, for clarification and to remove unnecessary detail.
For additional information please contact Kathryn Thomas, Department of Social Services, (804) 726-7158, FAX (804) 726-7132.
CHILD DAY-CARE COUNCIL
22 VAC 15-10. Public Participation Guidelines (amending 22 VAC 15-10-40 and 22 VAC 15-10-50).
Written public comment may be submitted until October 20, 2006.
The regulation sets forth the procedures the Child Day-Care Council uses to obtain public input when developing, revising or repealing a regulation. This regulation covers the following topics: petitions from interested parties, solicitation of input, public hearings, and withdrawal of regulations. The proposed amend-ments provide for electronic transmission of informa-tion and incorporate recent statutory changes.
For more information please contact Richard Martin, Office of Legislative and Regulatory Affairs, Department of Social Services, (804) 726-7902, FAX (804) 726-7906, or e-mail richard.martin@dss.virginia.gov.
DEPARTMENT OF MOTOR VEHICLES
24 VAC 20-120. Commercial Driver Training School Regulations (repealing 24 VAC 20-120-10 through 24 VAC 20-120-180).
24 VAC 20-121. Virginia Driver Training School Regulations (adding 24 VAC 20-121-10 through 24 VAC 20-121-220).
Public hearings will be held August 30, 2006 at 11 a.m. Abingdon; August 31, 2006 at 11 a.m., Roanoke; September 12, 2006, at 11 a.m., Virginia Beach; September 14, 2006, at 11 a.m., Richmond; September 19, 2006, at 11 a.m., Harrisonburg; September 21, 2006, at 11 a.m., Springfield. Written public comment may be submitted until October 6, 2006.
The Department of Motor Vehicles proposes to repeal its existing driver training school regulations and promulgate new regulations to address the needs of novice drivers of passenger vehicles and commercial motor vehicles, and the driving public in general.
The proposed regulations set forth licensing require-ments for general driving instructors, and Class A (commercial motor vehicle training) and Class B (passenger vehicle training) driver training schools; establish business office and classroom requirements and business practices; specify recordkeeping requirements, including availability of records, and inspection and compliance reviews; establish school licensing requirements, including school license renewal and transfer provisions; set forth school contract requirements; establish a driver training school fee schedule; and provide for sanctions for violations of statutes or regulations. Notable changes to the existing regulations include requiring national criminal records checks and mandatory continuing education for driving instructors.
For more information please contact Marc Copeland, Department of Motor Vehicles, (804) 367-1875, FAX (804) 367-6631, or e-mail marc.copeland@dmv.virginia.gov.
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Division of Legislative Services > Legislative Record > 2006
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