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.
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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. |