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          | Regulatory AlertA Convenient Guide to Regulatory 
              Activity in the CommonwealthOctober, 2006The 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. ADMINISTRATIONDEPARTMENT 
        OF HUMAN RESOURCE MANAGEMENTProposed 
        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. 
        EDUCATIONSTATE 
        BOARD OF EDUCATIONProposed 
        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 EDUCATIONProposed 
        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. 
        HEALTHSTATE 
        BOARD OF HEALTHProposed 
        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 LICENSINGBOARD OF NURSINGProposed 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 REGULATIONProposed 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.  |