Delaware Register of Regulations Issue Date: February 1, 2011 Volume 14 - Issue 8, Pages 721 - 836 IN THIS ISSUE: Regulations: Proposed Final Governor: Executive Orders Calendar of Events & Hearing Notices Pursuant to 2 9 Del.C. Chapter 11, Subchapter III , th is iss ue of th e Register co ntains all documents required to be pu blished, and received, on or before January 17, 2011. INFORMATION ABOUT THE DELAWARE REGISTER OF REGULATIONS DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: • Governor’s Executive Orders • Governor’s Appointments • Agency Hearing and Meeting Notices • Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 14 DE Reg. 24-47 (07/01/10) Refers to Volume 14, pages 24-47 of the Delaware Register issued on July 1, 2010. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 INFORMATION ABOUT THE DELAWARE REGISTER OF REGULATIONS The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE DATE CLOSING DATE CLOSING TIME March 1 February 15 4:30 p.m. April 1 March 15 4:30 p.m. May 1 April 15 4:30 p.m. June 1 May 15 4:30 p.m. July 1 June 15 4:30 p.m. DIVISION OF RESEARCH STAFF Deborah A. Porter, Interim Supervisor; Judi Abbott, Administrative Specialist I; Jeffrey W. Hague, Registrar of Regulations; Robert Lupo, Printer; Ruth Ann Melson, Legislative Librarian; Deborah J. Messina, Print Shop Supervisor; Kathleen Morris, Administrative Specialist I; Debbie Puzzo, Research Analyst; Don Sellers, Printer; Georgia Roman, Unit Operations Support Specialist; Victoria Schultes, Administrative Specialist II; Rochelle Yerkes, Administrative Specialist II. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 TABLE OF CONTENTS Cumulative Tables............................................................................................................................. ............ 726 PROPOSED DELAWARE STATE FIRE PREVENTION COMMISSION 706 Specific Occupancy Requirements, Chapter 4 - Residential Smoke Detectors, Section 6.0 Hard-Wired Smoke Detector Program................................................................................... ............ 710 Ambulance Service Regulations........................................................................................... ............ 732 737 DEPARTMENT OF AGRICULTURE Thoroughbred Racing Commission 1001 Thoroughbred Racing Rules and Regulations............................................................. ............ 759 DEPARTMENT OF EDUCATION Office of the Secretary 210 District School Board Member Special Education Due Process Hearing Training......... ............ 211 Notice to School Boards of Due Process Proceedings.................................................. ............ Professional Standards Board 1565 World Language Teacher............................................................................................. ............ 760 762 765 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services DSSM 3002 Time Limit, Temporary Welfare Program; 3006 TANF Employment and Training ..... Program; 3031 Work for Your Welfare............................................................................ ............ 770 DEPARTMENT OF JUSTICE Victims’ Compensation Assistance Program Advisory Council 301 Victims’ Compensation Assistance Program Rules and Regulations, Section 29.0 ..... Payment of Claims......................................................................................................... ............ 771 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Soil and Water Conservation 5105 Regulations Governing the Election of Members of County Board of Conservation District ..... Supervisors.................................................................................................................... ............ 773 DEPARTMENT OF STATE Division of Professional Regulation 1100 Board of Dental Examiners.......................................................................................... ............ 4400 Delaware Manufactured Home Installation Board........................................................ ............ 776 797 DEPARTMENT OF TRANSPORTATION Division of Planning 2313 Policies and Procedures for Acquisition of Certain Real Property Interests................. ............ 800 FINAL DEPARTMENT OF EDUCATION Office of the Secretary 235 Teacher of the Year Award............................................................................................ ............ 710 Public School Employees Workday................................................................................ ............ 805 807 DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 TABLE OF CONTENTS DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Medicaid and Medical Assistance Title XIX Medicaid State Plan, Medicaid Recovery Audit Contractor Program...................... ............ 809 Division of Public Health 4455 Delaware Regulations Governing a Detailed Plumbing Code...................................... ............ 813 4458 State of Delaware Fodo Code Regulations.................................................................. ............ 822 Division of Social Services Delaware Temporary Assistance for Needy Families (TANF) Employment and Training Program .. 826 GOVERNOR Executive Order: No. 24: Recognizing the Statewide Responsibilities of the Delaware Mentoring Council............ ............ 831 CALENDAR OF EVENTS/HEARING NOTICES Delaware State Fire Prevention Commission, Notices of Public Hearings......................................... ............ 833 Dept. of Agriculture, Thoroughbred Racing Commission, Notice of Public Hearing........................... ............ 833 State Board of Education, Notice of Monthly Meeting........................................................................ ............ 834 Dept. of Health and Social Services, Div. of Social Services, Notice of Public Comment Period...... ............ 834 Dept. of Natural Resources and Environmental Control, Div. of Soil and Water Conservation, Notice of Public Hearing............................................................................................................... ............ 834 Dept. of State, Div. of Professional Regulation, Board of Dental Examiners and Delaware Manufactured Home Installation Board, Notices of Public Hearings............................................ ............ 835 Dept. of Transportation, Div. of Planning, Notice of Public Comment Period..................................... ............ 836 DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 CUMULATIVE TABLES The table printed below lists the regulations that have been proposed, adopted, amended or repealed in the preceding issues of the current volume of the Delaware Register of Regulations. The regulations are listed alphabetically by the promulgating agency, followed by a citation to that issue of the Register in whic h the regulation was p ublished. Pr oposed regulations are designated wit h ( Prop.); F inal regulations are designated with (Final); Emergency regulations are designated with (Emer.); and regulations that have been repealed are designated with (Rep.). DELAWARE COUNCIL ON POLICE TRAINING Delaware Council on Police Training........................................................................ 14 DE Reg. 342 (Emer.) DELAWARE RIVER BASIN COMMISSION Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Update Water Quality Criteria for Toxic Pollutants in the Delaware Estuary and Extend These Criteria to the Delaware Bay................................................ 14 DE Reg. 70 (Prop.) DEPARTMENT OF AGRICULTURE Harness Racing Commission 501 Harness Racing Rules and Regulations, Subsections 2.3.2 and 5.1.22.4.. 14 DE Reg. 602 (Prop.) 501 Harness Racing Rules and Regulations, Subsection 5.1.8 Substance Abuse/Addiction........................................................................................... 14 DE Reg. 23 (Final) 501 Harness Racing Rules and Regulations, Section 7.0, Rules of the Race... 14 DE Reg. 134 (Prop.) 14 DE Reg. 553 (Final) 502 Delaware Standardbred Breeders’ Fund Regulations, Section 13.0 Races 14 DE Reg. 345 (Prop.) Nutrient Management Program 1201 Nutrient Management Certification Regulations................................. ...... 14 DE Reg. 212 (Prop.) 14 DE Reg. 645 (Final) Delaware Standardbred Breeders’ Fund 502 Delaware Standardbred Breeders’ Fund Regulations, Section 13.0 Races 14 DE Reg. 646 (Final) DEPARTMENT OF EDUCATION Office of the Secretary 103 Accountability for Schools, Districts and the State...................................... 14 DE Reg. 347 (Prop.) 14 DE Reg. 647 (Final) 225 Prohibition of Discrimination........................................................................ 14 DE Reg. 221 (Prop.) 14 DE Reg. 554 (Final) 235 Teacher of the Year Award.......................................................................... 14 DE Reg. 510 (Prop.) 251 Family Educational Rights and Privacy Act (FERPA).................................. 14 DE Reg. 26 (Final) 405 Minor Capital Improvement Programs......................................................... 14 DE Reg. 135 (Prop.) 14 DE Reg. 454 (Final) 501 State Content Standards.............................................................................. 14 DE Reg. 6 (Prop.) 14 DE Reg. 167 (Final) 505 High School Graduation Requirements and Diplomas................................ 14 DE Reg. 222 (Prop.) 14 DE Reg. 555 (Final) 545 K to 12 School Counseling Programs......................................................... 14 DE Reg. 28 (Final) 710 Public School Employees Workday............................................................. 14 DE Reg. 512 (Prop.) 727 Credit for Experience for Educators and for Secretarial Staff...................... 14 DE Reg. 138 (Prop.) 14 DE Reg. 457 (Final) 746 Criminal Background Check for Student Teaching...................................... 14 DE Reg. 227 (Prop.) 14 DE Reg. 557 (Final) 920 Educational Programs for English Language Learners (ELLs)................... 14 DE Reg. 103 (Final) 922 Children with Disabilities Subpart A, Purposes and Definitions................... 14 DE Reg. 604 (Prop.) 923 Children with Disablities Subpart B General Duties and Eligibility of Agencies.................................................................................................. 14 DE Reg. 606 (Prop.) 924 Children with Disabilities Subpart C Local Educational Agency Eligibility... 14 DE Reg. 607 (Prop.) DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 CUMULATIVE TABLES 925 Children with Disabilities Subpart D Evaluations, Eligibility Determination, Individualized Education Programs............................................................. 926 Children with Disabilties Subpart E Procedural Safeguards for Parents and Children................................................................................................ 927 Children with Disabilities Subpart F Monitoring, Enforcement and Confidentiality of Information....................................................................... 928 Children with Disabilities Subpart G Use and Administration of Funds...... 930 Supportive Instruction (Homebound).......................................................... 940 Early Admission to Kindergarten for Gifted Students.................................. Professional Standards Board 1503 Educator Mentoring ................................................................................. 1511 Issuance and Renewal of Continuing License.......................................... 1517 Paraeducator Permits............................................................................... 1521 Elementary Teacher.................................................................................. 1582 School Nurse............................................................................................ 1583 School Psychologist.................................................................................. DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Long Term Care Residents Protection 3220 Training and Qualifications for Nursing Assistants and Certified Nursing Assistants.................................................................................................... Division of Medicaid and Medical Assistance Combining §1915(c) Home and Community-Based Services Waivers.............. Delaware Medicaid and CHIP Managed Care Quality Assessment & Improvement Strategy Draft........................................................................ Durable Medical Equipment (DME) Provider Specific Policy Manual................ Long-Term Care Program - Pre-Admission Screening and Resident Review Medicaid-Related General Assistance (GA) Program and Temporary Assistance for Needy Families (TANF) Program Changes......................... Non-Emergency Medical Transportation Services............................................. Public Assistance Reporting Information System (PARIS)................................ School-Based Wellness Center Clinic Services................................................ Title XIX Medicaid State Plan, Medicaid Recovery Audit Contractor Program.. DSSM: Citizenship and Alienage....................................................................... Division of Public Health 4455 Delaware Regulations Governing a Detailed Plumbing Code.................. 4458 State of Delaware Food Code Regulations (2011)................................... 4459A Regulations for the Childhood Lead Poisoning Prevention Act.............. Division of Social Services DSSM: 3000 Temporary Assistance for Needy Families (TANF) -Definition... 3000.4 TANF and State Only Foster Care............................................ 14 DE Reg. 609 (Prop.) 14 DE Reg. 610 (Prop.) 14 DE Reg. 612 (Prop.) 14 DE Reg. 614 (Prop.) 14 DE Reg. 231 (Prop.) 14 DE Reg. 558 (Final) 14 DE Reg. 140 (Prop.) 14 DE Reg. 459 (Final) 14 DE Reg. 29 (Final) 14 DE Reg. 295 (Final) 14 DE Reg. 233 (Prop.) 14 DE Reg. 560 (Final) 14 DE Reg. 83 (Prop.) 14 DE Reg. 299 (Final) 14 DE Reg. 354 (Prop.) 14 DE Reg. 238 (Prop.) 14 DE Reg. 562 (Final) 14 DE Reg. 169 (Final) 14 DE Reg. 88 (Prop.) 14 DE Reg. 461 (Final) 14 DE Reg. 361 (Prop.) 14 DE Reg. 650 (Final) 14 DE Reg. 244 (Prop.) 14 DE Reg. 567 (Final) 14 DE Reg. 615 (Prop.) 14 DE Reg. 357 (Prop.) 14 DE Reg. 661 (Final) 14 DE Reg. 103 (Final) 14 DE Reg. 360 (Prop.) 14 DE Reg. 658 (Final) 14 DE Reg. 142 (Prop.) 14 DE Reg. 563 (Final) 14 DE Reg. 513 (Prop.) 14 DE Reg. 363 (Prop.) 14 DE Reg. 654 (Final) 14 DE Reg. 36 (Final) 14 DE Reg. 517 (Prop.) 14 DE Reg. 526 (Prop.) 14 DE Reg. 246 (Prop.) 14 DE Reg. 570 (Final) 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 14 DE Reg. 91 (Prop.) DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 CUMULATIVE TABLES 3000.4 TANF and State Only Foster Care............................................ 14 DE Reg. 304 (Final) 3004 Specified Relationship.................................................................. 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 3004.1 Living in the Home..................................................................... 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 3006.1, 3006.2 and 3006.2.1 TANF Employment & Training Program. 14 DE Reg. 529 (Prop.) 3010 Participation and Cooperation in Developing CMR...................... 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 3018 General Assistance (GA).............................................................. 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 3021 Unrelated Children........................................................................ 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 3022 Ineligibility Due to Family Cap...................................................... 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 3027 Age as a Condition of Eligibility.................................................... 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 3027.2 Minor Parents............................................................................ 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 3028.1 Mandatory Composition of Assistance Units............................. 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 3028.2 Optional Composition of Assistance Units................................. 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 4001 Family Budget Group.................................................................... 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 4001.1 Examples to Illustrate Rules Regarding Budget Groups........... 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 4004.3 Earned Income Disregards in GA.............................................. 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 4007.1 Standards of Need/Payment Standard - GA............................. 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 4009 Determining Financial Eligibility and Grant Amounts in GA.......... 14 DE Reg. 91 (Prop.) 14 DE Reg. 304 (Final) 5001, Fair Hearings; 5100 Legal Base; 5200 Statewide Fair Hearings; 5300 Notices; 5400 Fair Hearing Requirements; 5500 Decisionsby the Final Hearing Authority 14 DE Reg. 618 (Prop.) 9032 Mandatory Verification.................................................................. 14 DE Reg. 620 (Prop.) 11003.9.1: Income ................................................................................ 14 DE Reg. 8 (Prop.) 14 DE Reg. 178 (Final) 11003.9.5: Making Income Determinations .......................................... 14 DE Reg. 8 (Prop.) 14 DE Reg. 178 (Final) 11004.2: Interviews ............................................................................... 14 DE Reg. 11 (Prop.) 14 DE Reg. 182 (Final) 11004.7: Child Care Subsidy Program.................................................. 14 DE Reg. 533 (Prop.) 11004.9: Authorizing Service ................................................................ 14 DE Reg. 11 (Prop.) 11005.4: Overpayments........................................................................ 14 DE Reg. 15 (Prop.) 14 DE Reg. 187(Final) 11005.4.1: Determine the Overpayment Amount.................................. 14 DE Reg. 15 (Prop.) 11005.4.2: Overpayment Notices.......................................................... 14 DE Reg. 15 (Prop.) 11005.4.3: Role of Audit and Recovery................................................. 14 DE Reg. 15 (Prop.) 11006.3 Service Authorization............................................................... 14 DE Reg. 39 (Final) Division of Substance Abuse and Mental Health 6001 Substance Abuse Facility Licensing Standards........................................ 14 DE Reg. 18 (Prop.) 14 DE Reg. 471 (Final) DEPARTMENT OF INSURANCE 506 Crop Insurance Adjusters and Producers.......................................................... 14 DE Reg. 249 (Prop.) 14 DE Reg. 573 (Final) 507 Workers’ Compensatin Insurance Adjusters...................................................... 14 DE Reg. 251 (Prop.) DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 CUMULATIVE TABLES 507 Workers’ Compensation Insurance Adjusters................................................... 14 DE Reg. 575 (Final) 704 Homeowners Premium Consumer Comparison ............................................... 14 DE Reg. 41 (Final) 901 Arbitration of Automobile and Homeowners’ Insurance Claims (Withdrawn).... 14 DE Reg. 44 (Final) 908 Procedures for Responding to Freedom of Information Requests.................... 14 DE Reg. 144 (Prop.) 14 DE Reg. 479 (Final) 1208 New Annuity Mortality Table for Use in Determining Reserve Liabilities for Annuities...................................................................................................... 14 DE Reg. 48 (Final) 1218 Determining Reserve Liabilities For Credit Life Insurance ............................. 14 DE Reg. 49 (Final) 1404 Long-Term Care Insurance............................................................................. 14 DE Reg. 92 (Prop.) 14 DE Reg. 316 (Final) DEPARTMENT OF JUSTICE Division of Securities Rules and Regulations Pursuant to the Delaware Securities Act...................... 14 DE Reg. 367 (Prop.) 14 DE Reg. 664 (Final) 301 Victims’ Compensation Assistance Program Rules and Regulations, Section 28.0 Payment of Claims................................................................. 14 DE Reg. 383 (Prop.) 14 DE Reg. 666 (Final) Fraud and Consumer Protection Division 102 Debt Management Services....................................................................... 14 DE Reg. 93 (Prop.) 14 DE Reg. 318 (Final) 103 Consumer Protection Unit Administrative Enforcement Proceedings......... 14 DE Reg. 252 (Prop.) 14 DE Reg. 577 (Final) DEPARTMENT OF LABOR Division of Industrial Affairs 1101 Apprenticeship and Training Regulations................................................. 14 DE Reg. 50 (Final) 1327 Notice of Independent Contractor or Exempt Person Status.................... 14 DE Reg. 261 (Prop.) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Division of Air and Waste Management 1124 Control of Volatile Organic Compound Emissions, Section 11.0 Mobile Equipment Repair and Refinishing.............................................................. 14 DE Reg. 319 (Final) 1124 Control of Volatile Organic Compound Emissions, Section 47.0 Offset Lithographic Printing................................................................................... 14 DE Reg. 628 (Prop.) 1125 Requirements for Preconstruction Review................................................ 14 DE Reg. 263 (Prop.) 14 DE Reg. 579 (Final) 1130 Title V State Operating Permit Program.................................................... 14 DE Reg. 263 (Prop.) 1138 Emission Standards for Hazardous Air Pollutants for Source Categories. 14 DE Reg. 147 (Prop.) 14 DE Reg. 320 (Final) 14 DE Reg. 581 (Final) 1140 Delaware’s National Low Emission Vehicle (NLEV) Regulation............... 14 DE Reg. 264 (Prop.) 14 DE Reg. 583 (Final) 1142 Specific Emission Control Requirements, Section 2.0, Control of Nox Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries.................................................................................................... 14 DE Reg. 637 (Prop.) 1302 Delaware Regulations Governing Hazardous Waste................................ 14 DE Reg. 384 (Prop.) 14 DE Reg. 668 (Final) Division of Fish and Wildlife 3214 Horseshoe Crab Annual Harvest Limit..................................................... 14 DE Reg. 406 (Prop.) 3507 Black Sea Bass Size Limit; Trip Limits, Seasons; Quotas........................ 14 DE Reg. 113 (Final) 3541 Atlantic Sharks.......................................................................................... 14 DE Reg. 191 (Final) 3702 Defnitions.................................................................................................. 14 DE Reg. 117 (Final) 3771 Oyster Harvesting Licensee Requirements.............................................. 14 DE Reg. 117 (Final) 3901 Definitions................................................................................................. 14 DE Reg. 52 (Final) DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 CUMULATIVE TABLES 3902 Method of Take.......................................................................................... 14 DE Reg. 52 (Final) 3903 Federal Laws and Regulations Adopted................................................... 14 DE Reg. 52 (Final) 3904 Seasons.................................................................................................... 14 DE Reg. 52 (Final) 3907 Deer.......................................................................................................... 14 DE Reg. 52 (Final) 3921 Guide License........................................................................................... 14 DE Reg. 52 (Final) 3922 Hunter and Trapper Identification Number................................................ 14 DE Reg. 52 (Final) Division of Parks and Recreation 9202 Regulations Governing Natural Areas and Nature Preserves................... 14 DE Reg. 407 (Prop.) Division of Water Resources 7201 Regulations Governing the Control of Water Pollution, Section 9.5, Concentrated Animal Feeding Operation (CAFO)....................................... 14 DE Reg. 19 (Prop.) 14 DE Reg. 482 (Final) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Office of the Secretary 1101 Regulations Governing Travel Restrictions During a State of Emergency.14 DE Reg. 414 (Prop.) Office of Highway Safety 1201 Driving Under the Influence Evaluation Program, Courses of Instruction, Programs of Rehabilitation and Related Fees............................................. 14 DE Reg. 419 (Prop.) 1204 Drinking Driver Programs Standard Operating Procedures....................... 14 DE Reg. 419 (Prop.) 1206 Approved Motorcycle Helmets and Eye Protection................................... 14 DE Reg. 432 (Prop.) 14 DE Reg. 670 (Final) DEPARTMENT OF STATE Division of Historical and Cultural Affairs 100 Historic Preservation Tax Credit Program................................................... 14 DE Reg. 148 (Prop.) 14 DE Reg. 485 (Final) Division of Professional Regulation Delaware Gaming Control Board 101 Regulations Governing Bingo............................................................... 14 DE Reg. 156 (Prop.) 14 DE Reg. 486 (Final) 100 Board of Accountancy................................................................................. 14 DE Reg. 54 (Final) 700 Board of Chiropractic................................................................................... 14 DE Reg. 268 (Prop.) 1600 Commission on Adult Entertainment Establishments................................ 14 DE Reg. 674 (Final) 2700 Board of Registration for Professional Land Surveyors............................. 14 DE Reg. 102 (Prop.) 14 DE Reg. 675 (Final) 4400 Delaware Manufactured Home Installation Board..................................... 14 DE Reg. 434 (Prop.) 5100 Board of Cosmetology and Barbering....................................................... 14 DE Reg. 437 (Prop.) 5200 Board of Examiners of Nursing Home Administrators............................... 14 DE Reg. 281 (Prop.) 8800 Boxing and Combative Sports Rules and Regulations.............................. 14 DE Reg. 20 (Prop.) Office of the State Banking Commissioner 103 Freedom of Information Act Requests......................................................... 14 DE Reg. 487 (Final) Public Service Commission 1008 Regulations Governing Requests made pursuant to the Freedom of Information Act............................................................................................. 14 DE Reg. 162 (Prop.) 14 DE Reg. 584 (Final) 2002 Regulations Governing Certificates of Public Convenience and Necessity for Water Utilities......................................................................... 14 DE Reg. 120 (Final) 3001 Regulations Governing Service Supplied by Electrical Corporations........ 14 DE Reg. 282 (Prop.) 3008 Rules and Procedures to Implement the Renewable Energy Portfolio Standards Act............................................................................................... 14 DE Reg. 284 (Prop.) 14 DE Reg. 535 (Prop.) DEPARTMENT OF TRANSPORTATION Division of Planning and Policy 2307 Delaware Safe Routes to School Regulations.......................................... 14 DE Reg. 56 (Final) DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 CUMULATIVE TABLES 731 2311 Long-Term Lease Policies and Practices.................................................. Division of Transportation Solutions 2403 Special Events Policies and Procedures - Traffic Management............... 14 DE Reg. 14 DE Reg. 14 DE Reg. 21 (Prop.) 196 (Final) 546 (Prop.) EXECUTIVE DEPARTMENT Office of Management and Budget Freedom of Information Act Regulation............................................................. 14 DE Reg. 57 (Final) DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS Symbol Key Arial type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text. Language which is stricken through indicates text being deleted. Proposed Regulations Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of su ch p roposals, tog ether with cop ies of the e xisting regulation b eing a dopted, amended or repealed, with the Registrar for publication in the Register of Re gulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall st ate the manner in wh ich persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public he aring sha ll not be sched uled less than 20 days fo llowing publication of no tice o f the p roposal in the Register of Re gulations. If a public hearing will be held on the prop osal, notice of the time, date, plac e and a summary of the nature o f th e p roposal shall a lso be pu blished in at lea st 2 Dela ware newsp apers o f g eneral circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. DELAWARE STATE FIRE PREVENTION COMMISSION Statutory Authority: 16 Delaware Code, Sections 6604(1) and 6637(e) 1 DE Admin. Code 706 PUBLIC NOTICE 706 Specific Occupancy Requirements In accordance with procedures set forth in 29 Del.C. Ch. 11, Subch. III and 29 Del.C., Ch. 101, the Delaware State Fire Prevention Commission is proposing to adopt a regulation amending the current 706 Specific Occupancy Requirements Regu lation by a dding a ne w se ction 6 .0 Har d-Wired Smoke Detector Pr ogram to Cha pter 4 – Residential Smoke Detectors of the current 706 Specific Occupancy Requirements Regulation. The Delaware State Fire Prevention Commission will hold a public hearing at which members of the public may present c omments on th e proposed r egulation on M arch 15, 2 011 at 9:00 a.m. in th e Dela ware S tate Fir e Prevention Ch amber at th e De laware Fire Service Ce nter, 1463 Chestnut Gr ove Road , Dover , DE 19904. Additionally, members of the public may present written comments on the proposed regulation by submitting such written comments to Ms. Sherry Lambertson, Delaware State Fire Prevention Commission, 1463 Chestnut Grove Road, Dover, DE 19904. Written comments must be received on or before March 7, 2011. Members of the public may re ceive a co py o f th e p roposed re gulation at no charge by Unite d S tates Mail by w riting Ms. Sherry Lambertson at the address of the Delaware State Fire Prevention Commission set forth above. 706 Specific Occupancy Requirements (Break in Continuity of Chapters) Chapter 4 Residential Smoke Detectors DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 1.0 General. 1.1 Purpose. This Regulation is intended to be supplemental in nature to the 16 Del.C., Ch. 66. 1.2 Scope. This Regulation addresses the criteria for the installation of smoke detectors in all residential occupancies. 1.3 Application. The application of this Regulation applies to all residential occupancies, used wholly or in part as a home, residence, dwelling, or sleeping place for one or more persons, either permanent or transient, including, but not limited to, any one-and two-family dwelling, mobile home, modular home, townhouse; lodging, roomin g or boarding house; ho tel, motel, bed and brea kfast facility; dormitory, apartment or multi-family dwelling; board and care facility; or a residential occupancy by any other name, be it rented, leased or owned. (16 Del.C. §6631) 2.0 Definitions. “Compliance Dat e”. The date by which any required new inst allation or retrofit wo rk must be completed. “Existing Buildings”. Any building erected or built prior to the effective date of the legislation. (16 Del.C. §6631(3)). “Effective Date of Legislation”. 16 Del.C., Chapter 66, relating to Smoke Detectors was enacted on June 30, 1993. “Interconnected Smok e Detectors”. Two or more e lectrically o perated smo ke d etectors wired in such a manner so that the operation of any single smoke detector shall cause the alarm in all th e smoke detectors within the dwelling to sound. “Monitored Battery Power Supply”. The type of battery operated smoke detector that is constructed in such a manner as to provide a warning beep or tone when the installed battery is reaching the end of its useful electric charge. “Sleeping Area”. Any room or group of rooms utilized as a sleeping place, that are accessed from a common corridor or hallway. Sleeping areas separated by any other living space shall be considered to be a separate sleeping area. 3.0 One-and Two-Family Dwellings, Mobile Homes, Modular Homes, and Townhouses. 3.1 Each new one- and two-family dwelling, mobile home, modular home, and townhouse built after the effective date of this legislation shall have smoke detection devices and/or smoke detection systems installed according to the following requirements: 3.1.1 Shall be installed outside each separate sleeping area in the immediate vicinity of the bedrooms, and; 3.1.2 Shall be in stalled o n ea ch add itional story of the family liv ing unit, including basem ents, but excluding crawl spaces and unfinished attics, if nothing is stored or kept in such areas, and; 3.1.3 The smoke detection devices or system shall be interconnected, so that operation of any smoke detection device shall cause the alarm-sounding devices in all smoke detectors within the dwelling or building to sound, and; 3.1.4 The smoke detection devices shall be hardwired into the building or occupancy’s electrical system in acco rdance wi th th e p rovisions of the Na tional Electric Co de, NFPA 7 0, as ad opted a nd/or modified by these Regulations, and; 3.1.5 Each hardwired, interconnected smoke detection device in the immediate vicinity of each bedroom area shall be equipped with a built-in battery back-up power supply, or one single station, battery operated smoke detection device shall be installed in the immediate vicinity of each bedroom area, in addition to the hardwired smoke detection device. (16 Del.C. §6632(a)(1) and §6632(a)(2)) 3.2 Each one- and two-family dwelling, mobile home, modular home, and townhouse erected or built prior to the effective date of this legislation shall have smoke detect ion devices and/or smoke detection systems installed according to the following requirements: DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 3.2.1 Shall be installed outside each separate sleeping area in the immediate vicinity of the bedrooms, and; 3.2.2 Shall be installed o n ea ch add itional stor y of the family liv ing unit, including basem ents, but excluding crawl spaces and unfinished attics, if nothing is stored or kept in such areas, and; 3.2.3 The smoke detection devices may be single-station, individual smoke detection devices approved by Un derwriters Laboratories or th e Factory Mu tual Asso ciation, a nd powered b y a monitored battery power supply. (16 Del.C. §6632(a)(3)). 3.3 Nothing contained in this section shall prohibit the owner of any one- and two-family dwelling, mobile home, modular home, or townhous e from inst alling an interconnec ted smoke detection s ystem, in accordance with §3.1 of the Regulation. (16 Del.C. §6632(b). 4.0 Other Residential Occupancies. 4.1 Each new and existing lodging, rooming, or boarding house; hotel, motel, or bed and breakfast facility; dormitory, apartment, or multi-family dwelling; board and care facility; or a residential occup ancy by any o ther na me s hall ha ve sm oke d etection d evices an d/or sm oke d etection sy stems in stalled in accordance with the following requirements: 4.1.1 Shall be installed outside each separate sleeping area in the immediate vicinity of the bedrooms, and; 4.1.2 Shall be installed in each bedroom and/or sleeping area, and; 4.1.3 Shall be installed on each additional story of the occupancy, including basements and corridors, hallways and stairwells, on each floor according to the standards and specifications of the National Fire Alarm Code, NFPA 72, as adopted and/or modified by these Regulations, but excluding crawl spaces and unfinished attics, if nothing is stored or kept in such areas, or; 4.1.4 Smoke detection devices and/or systems shall be installed in conformance with those provisions of the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations, for each particular occupancy, and; 4.1.5 The smoke detection devices or system listed in §4.1.1, §4.1.2 and §4.1.3, except as otherwise specified herein, shall be interconnected, so that operation of any smoke detection deviceshall cause the alarm-sounding devices in all smoke detectors within the building, occupancy or within a separate zoned area to sound or, it shall initiate t he building fire alarm system t o provide an audible warning to all occupants of the building, and; 4.1.6 The smoke detection devices and/or systems shall be hardwired into the electrical system of the building or occupancy in accordance with the National Electric Code, NFPA 70, as adopted and/or modified by these Regulations. (16 Del.C. §6633(a)(1) and (a)(2)) 4.2 With the approval of the State Fire Marshal, smoke detection devices in individual sleeping areas may be exempted from the requirement that they be interconnected if the building or occupancy is provided with an automatic smoke detection system in the hallways, corridors, and stairwells, or is connected to a building fire alarm s ystem which w ill activate an alarm wh ich is suf ficiently a udible to wa rn the occupants of the building ofthe impending danger of fire or hazard to life. This smoke detection system and/or fire alarm system shall be installed in accordance with the National Fire Alarm Code, NFPA 72, as adopted and/or modified by these Regulations and this Statute. (16 Del.C. §6633(d)). Note: While not sp ecifically ad dressed in this Ch apter, it is the expre ssed inte nt that sm oke de tection devices be required in individual sleeping rooms pursuant to the standards of the Life Safety Code, NFPA 101, and the Nationa l Fire Alarm Code, NFPA 72, as adopted and/or modified by th ese Regulations, pursuant to the language of this §4.2. If an exception is attainable, then the inference is to be made that the devices are required. 4.3 For all buildings or occupancies which are required to install smoke detection devices and/or systems under §4.1 or §4.2 of this Chapter, that do not have an auxiliary, emergency, or back-up power supply, each smoke detection dev ice or smoke detection sy stem shall utiliz e the type of smoke detec tion device, or system that has a built-in battery back-up power supply. (16 Del.C. §6633(e)). DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 4.4 Where th ere is a co nflict be tween installation requirements, the mor e strict of the in stallation specifications for a particular occupancy shall apply. (16 Del.C. §6633(b)). 4.5 Plans and specifications for all smoke detection devices and systems required under §4.1 and §4.2 of this Chapter shall be submitted to the Office of State Fire Marshal, prior to installation, for review and approval. (§6633(f)). 4.6 It shall be the responsibility of the owner of a residential occupancy listed in §4.1 to install and maintain smoke detection devices as required by this Regulation. EXCEPTION: WHERE THERE IS A TENANT OF A RENTED OR LEASED OCCUPANCY, STRUCTURE, OR BUILDING REQUIRED TO HAVE SMOKE DETECTION DEVICES AND/OR SMOKE DETECTION SYSTEMS, AS REQUIRED IN THIS CHAPTER, AND THE RENTAL, LEASE AGREEMENT, OR CONTRACT IS FOR A PERIOD OF ONE MONTH OR MORE, SUCH TENANT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ANY SMOKE DETECTION DEVICES, WITH RESPECT TO MAINTAINING AN OPERABLE BATTERY IN THE SMOKE DETECTION DEVICE, WITHIN THE INDIVIDUAL OR RENTED OR LEASED UNIT. 5.0 Compliance Dates. 5.1 For each newly erected or constructed one- and two-family dwelling, mobile home, modular home, or townhouse, the compliance date shall be the effective date of this Legislation. (16 Del.C. §6634(a)). 5.2 For all existing on e-and two -family dwe llings, mobile hom es, mo dular ho mes, or townh ouses, the compliance date shall be July 1, 1994. (16 Del.C. §6634(b)). 5.3 For all other newly erected or constructed residential occupancies listed in §4.0 of this Chapter , the compliance date shall be the effective date of the Legislation. (16 Del.C. §6634(c)). 5.4 For all other existing residential occupancies, erected or constructed prior to the effective date of the Legislation, the compliance date shall be July 1, 1996. (16 Del.C. §6634(d)). 6.0 Hard-Wired Smoke Detector Program. 6.1 Purpose: To establish the rules and regulations for the installation of Hard-Wired Smoke Detectors pursuant to 16 Del.C. §6637 (Delaware Fire Detection Fund). 6.2 Application: This Regulation applies to owner-occupied, existing, one-family and two-family dwellings that are not equipped with smoke alarms. 6.2.1 Approval for installations shall be established by the Office of the State Fire Marshal and priority will be afforded to dwellings with handicapped children, handicapped adults, infirm residents, and residents 62 years of age and older. 6.3 Installation 6.3.1 Upon approval, hard wired single station smoke detectors with battery back-up shall be installed in the hallway of eac h sleeping area and on eac h add itional s tory of family living units, including basements. 6.3.2 The smoke detection device is to be hard-wired into the building’s electrical system in accordance with the provisions of the National Electrical Code (NFPA 70). 6.3.3 Owners shall have the opportunity to choose a licensed and insured electrician/installer from a list maintained by the Office of the State Fire Marshal. 6.3.4 The electrician/installer will contact the homeowner to make the necessary arrangements for the scheduling of the installation of hard-wired smoke detectors. 6.3.4.1 The sole responsibility for the installation of a hard-wired smoke detector will be between the homeowner and the electrician/installer. 6.3.5 The installation shall be completed within thirty (30) days from the day the electrician/installer has been c hosen. The homeowner will be responsible to provide acc ess to the contractor for installation within the allotted time. 6.3.6 If a ha rd-wired sm oke detector cannot be insta lled due to existing wiring co nditions, a Single Station Battery Operated Smoke Alarm will be issued to the occupant as an alternative device. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 6.3.6.1 The electrician/installer will notify the Office of the State Fire Marshal if these wiring conditions exist. 6.3.6.2 The Office of the State Fire Marshal will handle the projected change in the installation. 6.3.7 Upon completion the electrician/installer shall contact an Electrical Inspection Agency, recognized by the Office of th e State Fire Marshal. The Electrical Inspection Agency shall inspect the wiring connected to the owner’s electrical system for final approval. 6.3.7.1 The homeowner will be noti fied when the elec trical inspec tion will be c onducted. The homeowner will be responsible to provide access for the Electrical In spector to make the required inspection. 6.3.8 Upon approval by the Electrical Inspection Agency, the electrician/installer shall forward a copy of the approval certificate, along with an invoice fo r the installation to the Office o f the State Fire Marshal for approval for payment. 6.4 Authorized Electrician/Installers 6.4.1 Electricians providing the installation shall be insured and have an active license to do electrical work in the State of Delaware (Title 24, Chapter 14 of the Delaware Code). 6.4.2 Electricians/installers shall be from a list of installers maintained and updated by the Office of the State Fire Marshal. 6.4.3 Electricians sh all b e ad ded to the list of insta llers upo n the Office of th e State Fir e M arshal receiving a Letter of Acceptance form. 6.4.3.1 The Letter of Acceptance shall be required to be renewed annually. 6.4.3.2 The Letter of Acceptance shall be required to be signed, dated, and notarized. 6.4.3.3 The Letter of Accep tance shall be accompanied with a co py of th e e lectricians/company’s current or updated insurance 6.4.3.4 The Letter of Acceptance shall b e accompanied with a performance bond in the amount of $5000. 6.4.3.4.1 Once the limit of $5000 has been reached, subsequent performance bond increases shall be in increments of $1000 before other installations are assigned. 6.4.4 Prior to sub mitting a Le tter of Accep tance, t he e lectrician/company shall confirm the current installation amount established by the Office of the State Fire Marshal. 6.4.4.1 The current installation amount shall establish unit prices for all installations. 6.4.4.2 Separate unit prices will be established for single detector installations, additional detectors, and min imal char ge for showing up at locatio ns where an inst allation co uld no t be achieved. There will be separate units prices established for each County. 6.4.5 The Office of the State Fire Marshal will c onfirm it has receiv ed the required information. The electrician/company will then be added to the list of hardwired smoke detector installers pursuant to 16 Del.C. §6637(d). 6.5 Funding: 6.5.1 Pursuant to 16 Del.C. §6637(b), a special fund of the State has been created and is known as the "Delaware Fire Detection Fund 6.5.2 Pursuant to 16 Del.C. §6637(b), all moneys, including gifts, bequests, grants or other funds from private or public sources specifically designated for the Dela ware Fire Detection Fund shall be deposited or transferred to the Fire Detection Fund. Moneys in the Delaware Fire Detection Fund may be saved and deposited in an interest bearing savings or investment account. 6.5.3 Pursuant to 16 Del.C. §6637(c), mon eys fr om th e Delaware Fire Detec tion Fund shall be expended fo r the pu rpose of p roviding h ard-wired sm oke d etectors with ba ttery ba ck up to Delaware residences lacking smoke detection devices. 6.5.4 Pursuant to 16 Del.C. §6637(c), any moneys received from State-appropriated funds shall only be used for owner-occupied residences. 6.5.5 Pursuant to 16 Del.C. §6637(c), any moneys derived from private sources may be used for any Delaware residences. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS *Please Not e: As the res t of th e se ctions we re no t ame nded, t hey are not being pu blished h ere. A complete copy of the proposed regulation is available at: 706 Specific Occupancy Requirements, Chapter 4 DELAWARE STATE FIRE PREVENTION COMMISSION Statutory Authority: 16 Delaware Code, Sections 6604(1), 6711(b)(2), 6712(h) and 6717(a) 1 DE Admin. Code 710 PUBLIC NOTICE 710 Ambulance Service Regulations In accordance with procedures set forth in 29 Del.C. Ch. 11, Subch. III and 29 Del.C., Ch. 101, the Delaware State Fire Prevention Commission is proposing to adopt a regulation amending the current 710 Ambulance Service Regulation by striking the current 710 Ambulance Service Regulation in its entirety and substituting in lieu thereof a new and revised 710 Ambulance Service Regulation. The Delaware State Fire Prevention Commission will hold a public hearing at which members of the public may present c omments on th e proposed r egulation on M arch 15, 2 011 at 9:00 a.m. in th e Dela ware State Fire Prevention Chamber at th e De laware Fire Service Ce nter, 14 63 Chestnut Gr ove Road , Dover , DE 19904. Additionally, members of the public may present written comments on the proposed regulation by submitting such written comments to Ms. Sherry Lambertson, Delaware State Fire Prevention Commission, 1463 Chestnut Grove Road, Dover, DE 19904. Written comments must be received on or before March 7, 2011. Members of the public may re ceive a copy o f th e pr oposed re gulation at no charge by United S tates Mail by w riting Ms. Sherry Lambertson at the address of the Delaware State Fire Prevention Commission set forth above. *Please Note: Due to the size of the proposed regulation, only the new language is being published here. A copy of the complete regulation is available at: 710 Ambulance Service Regulations 710 Ambulance Service Regulations 1.0 Purpose The p urpose o f this Reg ulation is to ensur e a consistent an d coor dinated high qua lity le vel of ambulance service throughout the State of Delaware (the, “State”), focusing on timeliness, quality of care and coordination of efforts. 2.0 2.1 Application This Reg ulation sh all app ly to an y pe rson, firm , corporation, oth er bu siness or no n-profit en tity, association either as owner, agent or otherwise providing either prehospital or interhospital ambulance service me eting the d efinitions of e ither "BLS Ambulance Se rvice" or "Non -Emergency Amb ulance Service" within the State. The following are exempted from this Regulation: 2.1.1 Privately owned vehicles not ordinarily used in the business of transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless. 2.1.2 A vehicle rendering service as an ambulance in case of a major catastrophe or emergency when the amb ulances with pe rmits a nd based in the lo cality o f the catastro phe o r e mergency are insufficient to render the services required. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 2.1.3 Ambulances b ased outside the State rendering service in ca se of a majo r catastr ophe or emergency when the am bulances with permits an d based in the lo cality o f the catastrophe or emergency are insufficient to render the services required. 2.1.4 Ambulances owned and operated by an agency of the United States Government. 2.1.5 Ambulances based and licensed outside the State engaged strictly in interstate transportation. 2.1.6 A vehicle which is designed or modified and equipped for rescue operations to release persons from e ntrapment an d which is n ot ro utinely used for e mergency medical care or tra nsport of patients. 3.0 Definitions For the purpose of this Regulation the following definitions are used: “Advanced Life Support (ALS)” - The advanced level of pre-hospital and inter hospital emergency care that includes basic life support functions including cardiopulmonary resuscitation, plus cardiac monitoring, cardiac defibr illation, telemetered electrocardiography, administration of anti arrhythmic agents, in travenous the rapy, adm inistration of s pecific me dications, dr ugs a nd so lutions, us e o f adjunctive medical devices, trauma care and other authorized techniques and procedures. “Advertising” - Information communicated to the public, or to a n individual concerned by any oral, written, or graphic means including, but not limited to, handbills, ne wspapers, television, billboards, radio, internet or other electronic/wireless media and telephone directories. “Ambulance” -Any publicly or privately owned vehicle that is specifically designed, constructed or modified and equipped, and intend ed to be used fo r an d is main tained or ope rated for the transportation upon the streets and highways of the State for persons who are sick, injured, wounded or otherwise incapacitated or helpless. “Ambulance Ser vice District” - A geographical a rea with b oundaries which ar e typically ( but n ot always) aligned to fire service districts within the State as identified and established by the Delaware State Fire Prevention Commission. “Basic Life Support (BLS)” -The level of capability which pr ovides EMT emergenc y patient care designed to optimize the patient’s chances of surviving an emergency situation. “BLS Ambulance Service” - Ambulance service which provides BLS level intervention both through the level of personnel and training provided. “BLS Amb ulance Ser vice Contract” - A written con tract be tween e ither a Primary or Seco ndary Ambulance Se rvice Pro vider an d an in dividual, or ganization, co mpany, sit e lo cation or co mplex o r other entity for BLS Ambulance Service. “BLS Run Report” – A standardized patient care report provided by the State EMS office. “Cardiopulmonary Resus citation ( CPR)” – A co mbination of c hest c ompressions an d r escue breathing used during cardiac and respiratory arrest to keep oxygenated blood flowing to the brain. “Center For Medicare/Medicaid Services (CMS)” - Th e Federal agency which o versee Medicare billing and ambulance standards. “Certification” – The authorization by the Delaware State Fire Prevention Commission to practice the skills of an EMT or EMR within the State. “Delaware State Fire Prevention Commission (DSFPC)” - The State agency mandated in Title 16, Delaware Code whom regulates the Basic Life Support System in the State. “Delaware Refresher Course” - A course of instruction for re-certification required by the Delaware State Fire Prevention Commission for EMT’s and EMR’s that meets the guidelines of the United States Department of Transportation curriculum. “Delaware S tate Fire Scho ol (DSFS)” – The institution un der th e s upervision and contr ol of the Delaware State Fire Prevention Commission. “Delaware T raining S tandard For Dela ware Emerge ncy Med ical T echnicians & Emerg ency Medical Responders” – The current United States Department of Transportation curriculum. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS “Emergency” - The BLS and ALS response to the needs of an individual for immediate medical care in order to prevent loss of life or aggravation or physiological or psychological illness or injury. “Emergency Medical Dispatch System” - Means an approved protocol system used by an approved dispatch center to dispatch aid to medical emergencies which must include: • Systematized caller interrogation questions • Systematized pre-arrival instruction; and • Protocols matching the dispatcher’s evaluation of injury or illnes s s everity w ith vehic le response mode and configuration. “Emergency Me dical Res ponder (EMR)” – An ind ividual who ha s successfully completed an Emergency Medical Responder course that mee ts the United States Department of Transportation curriculum. “Emergency Medical Services (EMS) Provider” - Individual providers certified by the Delaware State Fire Prevention Commission to perform pre hospital care. Fo r the purposes of this Regu lation this includes EMT’s and EMR’s. “Emergency Medical Services Provider Agency” – Shall mean a provider agency certified by the Delaware State Fire Prevention Commission. “Emergency Medical Services Systems (EMSS)” – Shall mean a statewide system which provides for the utilization of available personnel, equipm ent, trans portation and communication to ensure effective and coordinated delivery of medical care in emergency situations resulting from accidents, illness or natural disasters. “Emergency Medical Technician (EMT)” – The individual as defined in 16 Del.C. §9702(11). “HIPAA” - Health Insurance Portability and Accountability Act of 1996. “Hospital” - An institution having an organized medical staff which is primarily engaged in providing to inpatients, b y or under the sup ervision of p hysicians, dia gnostic an d th erapeutic ser vices or rehabilitation services for the care or rehabilitation of injured, disabled, pregnant, diseased, sick or mentally ill persons. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties, but not facilities caring exclusively for the mentally ill. “Medical Command Facility” - The distinct unit within a hospital which meets the operational, staffing and equipment requirements established by the Secretary, Delaware Health and Social Services for providing medical control to the providers of advanced life support services. Any hospital that operates an emergency medic al facility an d des ires to be designated as a medic al c ommand facility shall maintain and staff such facility on its premises and at its own expense with exception of base station communication devices which shall be an authorized shared expense pursuant to the provisions of Title 16, Chapter 98. “Medical Control” - shall mean directions and advice normally provided from a centrally designated medical facility operating under medical supervision, supplying professional support through radio or telephonic communication. “Medical Co ntrol Physician” - Any ph ysician boa rd-certified or board-prepared in eme rgency medicine, or a physician certified on advanced trauma life support (ATLS) and advanced cardiac life support (ACLS) who is credentialed by the hospital within which a medical command facility is located, and who is authorized by the medical command facility to give medical commands via radio or other telecommunication devices to a p aramedic. Wh en a medical control physician establishes contact with a p aramedic, a nd p rovides medical control instructions th at exce ed or o therwise mo dify the standing or ders of the st atewide st andard treatment pr otocol, th e p aramedic sh all, solely for the purpose of compliance with the Medical Practices Act, be considered to be operating under the license of said medical control physician. “National Registry Of Emer gency Medical Technicians (NREMT)” - Th e n ationally re cognized organization for the testing and registering of persons who have completed United States Department of Transportation, paramedic, EMT and EMR courses. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS “National Regist ered Eme rgency Medical T echnician – Bas ic ( NREMT-B)” -a person who completed th e United S tates Dep artment of Transporation cur riculum an d p assed the NREM T examination. “Non-Emergency Amb ulance Service” - Am bulance service which pr ovides ro utine tran sport of persons who are sick, convalescent, incapacitated and non-ambulatory but do not ordinarily require emergency medical treatment while in transit. “Non-Emergency Ambulanc e Serv ice Prov ider” – An or ganization o r comp any which h as been authorized by the Delaware State Fire Prevention Commission to provide Non-Emergency Ambulance Service within the State. “Office Of Emergency Medical Services (OEMS)” - The State agency responsible for ensuring the effective coordination and evaluation of the emergency medical services system in the S tate which includes providing assist ance an d a dvice for a ctivities r elated towar d the p lanning, de velopment, improvement and expansion of emergency medical services. “Patient” - An individual who is sick, injured, wounded or otherwise incapacitated or helpless and/or seeks immediate medical attention. “Pre-hospital Care” - Any emergency medical service, including advanced life support, rendered by an emergency medical unit before and during transportation to a hospital or other facility. “Primary Ambulanc e Serv ice” - BL S Amb ulance Service provided by the Pr imary Amb ulance Service P rovider certified by the Delawar e S tate Fir e Pr evention Co mmission within a specific Ambulance Service District. “Primary Ambulance Service Provider” - An organization or company which has been designated by the Delaware State Fire Prevention Commission as having primary responsibility for providing BLS Ambulance Service within a specific Ambulance Service District. “Protocols” -Shall m ean wr itten and u niform treatment and care p lans, prepared pursuant to 16 Del.C. §9802(24), for emergency and critical patients statewide that constitutes the standing orders of BLS providers. “Quality Assu rance” - is t he re trospective review o r in spection o f s ervices o r processes th at is intended to identify problems. “Quality Improv ement” -is th e con tinuous stu dy an d im provement of a pr ocess, syste m or organization. “Recertification T raining” - A define d cur riculum tha t o nce comp leted allows th e in dividual to continue practicing as an EMT or EMR for a specific period of time as determined by the Delaware State Fire Prevention Commission. “Response Time” - The time the Ambulance is notified by dispatch until the Ambulance arrives on scene. “Responsible Cha rge” - The indiv idual who is identified as having both the responsibility and authority to ensure full and complete compliance with all requirements of this Regulation. “Secondary Ambulance Service” - Ambulance service provided under contract to specific locations within an Ambulance Service District by a BLS Ambulance Service Provider other than the Primary Ambulance Service Provider. “Secondary Ambulanc e Ser vice Pr ovider” -An o rganization or co mpany which p rovides supplemental BLS Amb ulance service anywhere in the State and always un der specific co ntractual agreements. “Semi Automatic External Defibrillation (SAED)” – An external computerized defibrillator designed for use in unresponsive victims with no breathing or signs of circulation. “State Board of Medical Licensure and Discipline (Board)” - The body charged with protecting the consumers of the Delaw are heal thcare syst em through the proper licens ing and regulation of physicians and other health care professionals. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS BLS AMBULANCE SERVICE 4.0 BLS Ambulance Service Permits 4.1 Any person, firm, corporation or association either as owner, agent or otherwise who furnish, conduct, maintain, advertise or otherwise engage in o r profess to be engaged in the business or ser vice of providing BLS Ambulance Service upon the streets or highways of this State shall hold a valid permit as either a Pr imary or Seco ndary Amb ulance Se rvice Pr ovider issu ed by the Delaware State Fire Prevention Commis sion. Applic ation for th is pe rmit shall be up on forms provided by the Delaware State Fire Prevention Commission. 4.2 The issuance of a p ermit he reunder sha ll n ot b e construed so as to authorize an y per son, fir m, corporation or association to provide BLS Ambulance Services or to operate any Ambulance without compliance with all laws, ordinances and regulations enacted or promulgated by any state, county or municipal government concerning Ambulances. 4.3 Prior to issuing an original or renewal permit, the Delaware State Fire Prevention Commission shall determine that all requirements of this Regulation are fully met. Additionally, the Delaware State Fire Prevention Com mission has the a uthority to ensure continued co mpliance with th ese Reg ulations through the periodic review of records and operations. 4.4 Only Pr imary or Se condary Am bulance Se rvice Pr oviders ho lding a cu rrent, va lid BL S Am bulance Service Provider permit shall be authorized to respond and provide BLS Ambulance Service within the State. 4.5 A Primary or Secondary Ambulance Service Provider may not discontinue BLS Ambulance Service until a re placement pr ovider h as bee n selected an d ca n assume BLS Am bulance Service with no reduction in service. 5.0 BLS Ambulance Service Districts 5.1 The D elaware S tate Fire Prevention Commission shall have t he a uthority to e stablish Ambulance Service Districts pursuant to 16 Del.C. §6717(a). 5.2 The role of Primary Ambulance Service Provider shall be assigned to those fire departments providing BLS Ambulance Service at the time this Regulation was initially adopted in 1997. The Ambulance Service District for these providers shall correspond to their established fire districts as established by the Delaware State Fire Prevention Commission. 5.3 In those areas in which fire departments were not providing BLS Ambulance Service at the time this Regulation was officially adopted in 1997, the organization who was providing BLS Ambulance Service shall be designated as the Primary Ambulance Service Provider. The Ambulance Service District for these providers shall correspond to their current boundaries. 6.0 Primary and Secondary BLS Ambulance Service Providers 6.1 BLS Am bulance Se rvice ma y b e p rovided by Prim ary Amb ulance Ser vice Pro viders within their Ambulance Service District or in the course of providing mutual aid within other Ambulance Service Districts, provided: 6.1.1 They have a current permit; and 6.1.2 They are assigned by the Delaware State Fire Prevention Commission as a Primary Ambulance Service Provider. 6.2 The De laware S tate Fire Prevention Commission shall be au thorized to select a new Pr imary Ambulance Service Provider at such time that: 6.2.1 The current Primary Ambulance Service Provider chooses to discontinue service; or 6.2.2 Failure to meet one or more elements of this Regulation creates a threat to public safety; or 6.2.3 The cur rent Pr imary Ambu lance Service Pro vider either dir ectly o r in directly, by mer ger or affiliation or through contractual agreement tr ansfers or assigns Primary Ambulanc e Serv ice to any an y pe rson, firm , co rporation, ot her bu siness or no n-profit en tity not authorized by th e DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS Delaware State Fire Pr evention Com mission to pr ovide BLS Ambulance Service within th e Primary Ambulance Service Provider’s Ambulance Service District. 6.3 Any organization desiring to assume the role of Primary Ambulance Service Provider will be required to apply to the Delaware State Fire Prevention Commission showing adequate cause in the interest of public safety to justify the change. 6.4 BLS Ambulance Service may be provided by Secondary Ambulance Service Providers only to those with whom they have a contract for such service provided they: 6.4.1 Have a current permit; and 6.4.2 Have a written contract to provide BLS Ambulance Service to that specific location or site; and 6.4.3 Provided the names, locations and conditions of all Secondary Ambulance Service contracts to the Delaware State Fire Prevention Commission within 20 days of contract finalization. 7.0 BLS Ambulance Service Provider Permit Requirements 7.1 BLS Administrative Requirements 7.1.1 Procedures fo r se curing a BLS Am bulance Se rvice Pr imary or Seco ndary Amb ulance Se rvice Provider permit include: 7.1.1.1 The o wner or re gistered ag ent m ust a pply to th e Delawa re State Fir e Pr evention Commission up on fo rms p rovided an d accor ding to p rocedures e stablished b y th e Delaware State Fire Prevention Commission. 7.1.1.2 The Primary or Secondary Ambulance Service Provider shall either be based in the State or maintain an office in the State with a full time individual assigned to that office who is in Responsible Charge. 7.1.1.3 All requirements set forth in this Regulation must be met before issuance of any permit. 7.1.1.4 The Primary or Secondary Ambulance Provider must provide proof of liability insurance in the amount of $1 Million blanket liability coverage. 7.1.1.5 The Primary or Sec ondary Ambulance Provider must provide proof of automobile liability insurance in the amount of $1 Million individual, $3 Million aggregate per occurrence. 7.1.2 Permits issued shall be valid until December 31st of that year. Permits must be renewed annually. 7.1.3 The Delaware State Fire Prevention Commission may issue temporary permits when determined to be in the interest of public safety. 7.1.4 On an on-going basis throughout the term of the permit, the owner or individual in Responsible Charge shall be available upon reasonable notification for the purpose of providing documentation on any provisions of this Regulation and permitting physical inspection of all facilities and vehicles. 7.1.5 No Pr imary Ambu lance Service Pr ovider o r Secondary Ambu lance Ser vice Pr ovider sha ll advertise or represent that it pr ovides any Ambulance service other than authorized to p rovide under this Regulation. 7.1.6 All ind ividuals, Prim ary Amb ulance Ser vice Providers an d Secon dary Am bulance Se rvice Providers sh all be req uired to participate in the Delaw are St ate F ire P revention Co mmission approved Ambulance data collection system which includes: 7.1.6.1 A BLS run report shall be completed on all dispatched responses. 7.1.6.2 EMT’s- sh all comp lete, with out excep tion, a writte n/computer report o n ea ch p atient contact. Reports shall be completed within twenty-four (24) hours. 7.1.6.3 When available, the report shall be entered electronically and forwarded to the state EMS office. 7.1.6.4 Failure to comply with data submiss ion may result in loss of BLS Ambulance Service Permit or EMT Certification. 7.1.6.5 Submit any other data to the designated agencies as required by the Delaware State Fire Prevention Commission. 7.2 BLS Operational Requirements DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 7.2.1 Vehicle Standards 7.2.1.1 All BLS Ambulances shall be registered and licensed in the State by the Delaware Division of Motor Vehicles. EXCEPTIONS: 7.2.1.1.1 Those vehicles to which the international registration plan applies. 7.2.1.1.2 Those vehicles properly registered in some other state. 7.2.1.2 Vehicles shall have clearly visible letters on both sides and the rear identifying the name of the organization or corporation or the vehicle’s specific identifier as specified under permit documentation. The letters shall be at least three inches in height. 7.2.1.3 Vehicle patient compartment shall conform with the criteria within the most current United States Ge neral Ser vices Admi nistration federal sp ecifications fo r th e S tar of Lif e Ambulances. 7.2.2 Equipment Standards 7.2.2.1 Every BLS Ambulance shall maintain the required equipment and supplies as specified by the Delaware State Fir e Prevention Co mmission an d updated an nually following recommendations from the Delaware State Fire School Director and the Delaware State Fire Prevention Commission’s Medical Director. 7.2.3 Staffing Requirements 7.2.3.1 Minimum acceptable crew staffing when transporting a patient shall consist of a driver and one State Certified EMT. 7.2.3.2 A minimum of one State Certified EMT shall always be in the patient compartment when a patient is present. 7.2.3.3 BLS Ambulance Service drivers are required to have completed the “Emergency Vehicle Operators” course conducted by the Delaware State Fire School or an equivalent program approved by the Delaware State Fire Prevention Commission. 7.2.3.4 BLS Ambulance Service drivers are required to maintain current SAED/CPR certification. 7.2.3.5 Any employee with a BLS Ambulance Service Provider who has been convicted of or, had that employee been charged as a juvenile, adjudicated delinquent of crimes set forth in 16 Del.C. §6647 or any similar offense under any federal, state, or local law is prohibited from serving as a BLS Ambulance Service driver in this State. 7.2.3.5.1 The BLS Ambulance Service Provider shall obtain a report of the employee's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no information relating to that employee. 7.2.3.5.2 The BLS Ambulance Service Provider shall obtain a report of the employee's entire federal criminal history record from the Federal Bureau of Investig ation. The State Bureau of Identification shall be the intermediary for the purposes of this section. 7.2.3.5.3 The BLS Ambulance Service Provider shall certify, on an annual basis, to the State Fire Prevention Commission that their employees have never been convicted of an offense that constitutes any of the crimes set forth in 16 Del.C. §6647 or any similar offense under any federal, state, or local law. 7.2.4 Quality Assurance 7.2.4.1 Each Pr imary an d Secon dary Am bulance Se rvice Pro vider sh all b e r esponsible for monitoring quality assurance in the form of p atient care and both mobiliz ation and response tim es. Th e me thod in which this is acco mplished is th e au thority and responsibility of the Primary or Secondary Ambulance Service Provider per the Quality Assurance and Improvement Program established by the Delaware State Fire Prevention Commission in conjunction with the Office of Emergency Medical Services and adopted by the Delaware State Fire Prevention Commission. 7.2.5 Communications Requirements DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 7.2.5.1 Dispatch Centers 7.2.5.1.1 Dispatch centers for both Primary and Secondary Ambulance Service Providers shall meet the criteria established by the Delaware State Fire Prevention Commission. 7.2.5.1.2 Secondary Ambu lance Service Pro vider disp atch centers sha ll be r esponsible for following call t aking protocols as established by th e Delaware State Fire Prevention Commission. Ca lls de termined to be ALS in nature sh all be tran sferred to the appropriate public safety answering point (PSAP) within 30 seconds of taking the call utilizing a dedicated phone line to that PSAP. 7.2.5.1.3 Calls de termined to be BLS in na ture sh all n ot be r equired to b e for warded to th e PSAP. 7.2.5.1.4 Dispatch centers shall follow an Emergen cy Medical Dispatch System approved by the Delaware State Fire Prevention Commission. 7.2.5.2 Ambulances 7.2.5.2.1 All BLS Ambu lances disp atched to h andle 9-1-1 eme rgency re sponses shall b e equipped with reliable communication through the State of Delaware 800 MHz radio system. 7.2.6 SAED Requirements 7.2.6.1 Upon placing a SAED on an y Ambulance, the Primary Ambulance Service Provider or Secondary Ambu lance Se rvice Pr ovider shall com ply with the Delawa re Ea rly Defibrillation Program Administrative Policies as established by the Office of Emergency Medical Services. 7.2.7 Infection Control: All Primary Ambulance Service Providers and Secondary Ambulance Service Providers sh all com ply with th e infection co ntrol re quirements in Chapter 10A, T itle 16 of the Delaware Code. 7.2.8 Medical Co ntrol: Prim ary Am bulance Service Providers and Secon dary Amb ulance Se rvice Providers shall be required to follow all orders issued. 7.2.9 Center for Med icare Medicaid Ser vices (CMS) : All Primary Ambulance Serv ice Providers and Secondary Ambulance Service Providers shall comply with the Final Rule in the Federal Register (64F.R3637) revising the Medicare policies for ambulance services adopted February 24, 1999, or the most current edition. 7.2.10 Health Insurance Portability and Accountability Act of 1996 (HIPAA), or the most current version. 7.2.11 All Prim ary Amb ulance Ser vice Pr oviders an d Secon dary Ambu lance Se rvice Pro viders sha ll comply with HIPAA. 8.0 Compliance 8.1 The owner or registered agent of every Primary Ambulance Service Provider or Secondary Ambulance Service Provider shall provide BLS Ambulance Service in accordance with the requirements set forth in this Re gulation an d the con tractual ag reements established as either a Prima ry or Secondary Ambulance Se rvice Provid er an d file d with the Delaware S tate F ire Prevention Co mmission in accordance with the pr ovisions set forth in th ese Regulations. The Delaware State Fire Prevention Commission shall have the authority to issue corrective orders, cease and desist orders, suspend or revoke a Primary Ambulance Service Provider or Secondary Ambulance Service Provider’s permit. 8.2 Every BLS Ambu lance shall maintain th e r equired e quipment and supp lies as spe cified b y th e Delaware State Fire Prevention Commission. 8.2.1 Violations of secti on 8 .2 sh all r equire co rrective actio n as de fined in section 8 .2.3 with the exception of those violations which represent an imminent danger to the public. 8.2.2 For those violations of section 8.2 representing an imminent danger to the public, the Delaware State Fir e Pre vention Commission or its de signated ag ent shall issue a nd de liver a n or der to cease and desist any further BLS Ambulance Service until such time a s the violation has been verified as be ing cor rected and cor rective me asures accepted b y t he De laware Sta te F ire Prevention Commission or its designated agent. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 8.2.3 Equipment Deficiency Classifications and Corrective Action 8.2.3.1 Critical – The Prima ry Ambulance Se rvice Provider or Se condary Am bulance Ser vice Provider shall b e im mediately no tified and t he u nit is placed ou t-of-service un til the deficiency is corrected and a re-inspection has occurred. 8.2.3.2 Cautionary – The Primary Ambulance Service Provider or Secondary Ambulance Service Provider shall b e immediately notified and the violation(s) shall require correction within five (5) working days of receipt of notice. All co rrections shall require validation by the Delaware State Fire Preve ntion Co mmission or it s design ated agent. If not corrected within five (5) working days, the unit must be placed out-of-service. 8.2.3.3 Watchful – Th e Primary Ambulance Service Provider or Secondary Ambulance Service Provider shall be imme diately notified that the deficiency must be corrected at the next restocking or shift change. 8.3 A Primary Ambulance Service Provider or Secondary Ambulance Service Provider may have its BLS Ambulance Service permit revoked or suspended if: 8.3.1 A Primary Ambulance Service Provider or Secondary Ambulance Service Provider has violated or aided or abetted in the violation of any provision of this Regulation or order issued by the Delaware State Fire Prevention Commission or its designated agent; or 8.3.2 A Primary Ambulance Service Provider or Secondary Ambulance Service Provider has practiced any fraud, misrepresentation, or deceit in obtaining or renewing a BLS Ambulance Service permit; or 8.3.3 A Pr imary Ambulance Se rvice Pro vider or Secondary Ambu lance Ser vice Provider has demonstrated gr oss ne gligence, incompetence or m isconduct in pr oviding BLS Amb ulance Service; or 8.3.4 Has violated Statewide Basic Life Support treatment protocols; or 8.3.5 Has engaged in any unfair or deceptive trade practice; or 8.3.6 Has violated any contractual agreement related to providing BLS Ambulance Service. 9.0 Statewide Basic Life Support Quality Assurance/Quality Improvement 9.1 The Delaware State Fire Prevention Commission hereby establishes a Statewide Basic Life Sup port (BLS) Quality Assurance an d Quality Improvement Committee he reinafter r eferred to as the Committee. 9.2 Purpose: The Quality Assur ance/Quality Improvement (QA/QI), under direction of the State Medical Director is r esponsible for assuring and improving the quality of Basic Li fe Support within the EMSS that are served by the State of Delaware. 9.3 Definitions: 9.3.1 Quality As surance is the retrospective r eview or insp ection o f se rvices or pr ocesses that is intended to identify problems. 9.3.2 Quality Impr ovement is the continu ous study and imp rovement of a process, system or organization. 9.4 Objectives: 9.4.1 Conduct medical incident reviews (QA) 9.4.2 Collect patient care statistics to evaluate EMSS effectiveness and identify trends (QI) 9.4.3 Provide constructive feedback on quality improvement to a ll EMS Providers within the State of Delaware 9.4.4 To coo rdinate the find ings of quality assurance activi ties with the content of EMS Pro vider continuing education programs 9.4.5 To provide assistance to EMS Providers with local agency QA/QI programs. 9.5 Emergency Medical Services Provider Agencies Quality Assurance and Improvement Requirements: 9.5.1 EMS Provider Agencies should appoint a Quality Assurance Manager DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 9.5.2 The Quality Ass urance Ma nager is c harged w ith the responsi bility of assuring that reasonabl e standards of care and professionalism are met within their respective EMS Provider Agency. 9.5.3 The Quality Assurance Manager should attend a Quality Management Training Program. 9.5.4 The Quality Assurance Manager shall implement a Quality Assurance and improvement Program within their agency or department. 9.5.5 The Quality Assurance Manager shall perform monthly reviews of their data collection and conduct formal reviews with their personnel. 9.5.6 The Quality As surance Manager will w ork c losely with the State wide QA/QI Committee on emergency medical services policies, guidelines, protocols and system performance. 9.5.7 The Quality Assurance manager will consult with their County and State EMS Medical Director. 9.5.8 The Quality Assurance manager will consult with the Delaware State Fire School Director or its designee. 9.6 Statewide QA/QI Improvement Committee 9.6.1 The statewide BLS QA/QI Committee shall be comprised of one BLS representative from each county (appointed by the Coun ty F ireman’s Asso ciation), Th e BL S Med ical Advisor, The St ate Medical Director, one representative from the State Fire Prevention Commission, who shall chair the Committee, one representative from the Delaware State Fire School, one representative from the Office of Em ergency Me dical Se rvices, o ne representative fro m the Dela ware Volu nteer Firefighter’s Association, a disp atch cen ter representative an d a State pa tient ca re report representative. The goal of this Committee is to make sure BLS is meeting all State standards and is providing the best patient care to the citizens and visitors of Delaware. 9.7 Committee Responsibilities 9.7.1 Responsible to a ssure re asonable stand ards of ca re and p rofessionalism are me t with in th e State’s BLS system. 9.7.2 Participate in patient c are report review a udits, data collec tion, and evaluation of syst em performance. 9.7.3 Maintain strict confidentiality of patient information, personnel and Q/A topics. 9.7.4 Each Committee member MUST sign a confidentiality statement to be provided by the Office of Emergency Medical Services. 9.7.5 Make su re infor mation disse minated is pr otected fr om d iscovery of pr otected h ealthcare information. 9.7.6 Make recommendations for changes to policies, guidelines and protocols. 9.7.7 Attend a quarterly meeting to discuss QA/QI issues. 9.7.8 Design and implement QI projects that are practical and able to collect patient care statistics to evaluate system effectiveness and identify trends in patient care. 9.7.9 Establish clinical benchmarks to measure the State’s BLS system. 9.8 Medical Incident Review and Analysis 9.8.1 The QA/QI p rocess eval uates all a spects o f p atient ca re a nd eme rgency med ical se rvices performance in the BLS system. The Committee will concentrate on the following areas: 9.8.1.1 Time Elements 9.8.1.1.1 Hour of day 9.8.1.1.2 Day of week 9.8.1.1.3 Response times (dispatched-arrival) 9.8.1.1.4 Scene time (arrival-left scene) 9.8.1.1.5 Transport time (left scene-at hospital) 9.8.1.2 Patient Assessment 9.8.1.2.1 Chief complaint 9.8.1.2.2 Mechanism of injury 9.8.1.2.3 History DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 9.8.1.2.4 Vital Signs 9.8.1.2.5 Physical Examination 9.8.1.3 Patient Treatment 9.8.1.3.1 Treatment protocol followed 9.8.1.3.2 Appropriate protocol followed 9.8.1.3.3 If no, was deviation justified 9.8.1.3.4 Patient response to treatment adequately documented 9.8.1.4 Refused transport 9.8.1.4.1 Disposition appropriate 9.8.1.4.2 Appropriate releases signed 9.8.1.5 Documentation 9.8.1.5.1 Overall documentation adequate 9.8.1.6 System issues 9.8.1.6.1 Recourses (equipment and personnel) 9.8.1.6.2 Priority medical dispatch 9.8.1.6.3 Hospital diversion 9.8.1.6.4 Scratch rate 9.8.1.6.5 ALS cancellations 9.8.1.6.6 Air medical utilization 9.8.1.6.7 Funding 9.8.1.7 Outcomes 9.8.2\ Quarterly reports will be developed through the State’s patient care reporting system. A percentage of the patient care reports will be reviewed using a designated and approved auditing tool. 9.8.3 The QA/QI Committee shall review these reports during the quarterly meeting. 9.8.4 The primary goal is to identify and address any problem or improvement areas and recommend potential solutions: 9.8.4.1 Knowledge or skill issues 9.8.4.2 Documentation issue 9.8.4.3 Resource issue 9.8.4.4 Protocol issue 9.8.4.5 Communication issue 9.8.4.6 Statewide system issue 9.8.4.7 Conduct issue 9.8.5 The QA/QI Committee shall provide constructive feedback and recommendations to improve the State’s BLS system. 9.8.5.1 Recommend changes to policy, procedures, or protocols 9.8.5.2 Recommend changes in operational procedures or equipment 9.8.5.3 Recommend training 9.8.6 All Committee recommendations will be forwarded to the appropriate EMS Provider Agency(s) for consideration. NON-EMERGENCY AMBULANCE SERVICE 10.0 Non-Emergency Ambulance Service Permits 10.1 Any person, firm, corporation or association either as owner, agent or otherwise who furnish, conduct, maintain, advertise or otherwise engage in o r profess to be engaged in the business or ser vice of DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS providing Non-Emergency Ambulance Service upon the streets or highways of this State shall hold a valid permit issued by the Delaware State Fire Prevention Commission. Application for this permit shall be upon forms provided by the Delaware State Fire Prevention Commission. 10.2 The issuance of a p ermit he reunder sha ll n ot b e construed so as to authorize an y pe rson, fir m, corporation or association to pro vide Non-Emergency Ambu lance Services or to op erate any Ambulance without compliance with all laws, ordinances and regulations enacted or promulgated by any state, county or municipal government concerning Ambulances. 10.3 Prior to issuing an original or renewal permit, the Delaware State Fire Prevention Commission shall determine that all requirements of this Regulation are fully met. Additionally, the Delaware State Fire Prevention Commission has th e autho rity to ens ure continued comp liance with th ese Re gulations through the periodic review of records and operations. 10.4 Only No n-Emergency Am bulance Se rvice Pr oviders h olding a cu rrent, valid No n-Emergency Ambulance Service permit shall be au thorized to respond and provide Non-Emergency Ambulance Service within the State. 11.0 Non-emergency Ambulance Service Provider Permit Requirements 11.1 Administrative Requirements 11.1.1 Procedures for securing a Non-Emergency Ambulance Service permit include: 11.1.1.1 The o wner or re gistered ag ent m ust a pply to th e Delawa re State Fir e Pr evention Commission up on fo rms p rovided an d accor ding to p rocedures e stablished b y th e Delaware State Fire Prevention Commission. 11.1.1.2 The Non -Emergency Ambulance Service Provider shall either be based in the State or maintain an office in the State with a full time individual assigned to that office who is in Responsible Charge. 11.1.1.3 All requirements set forth in this Regulation must be met before issuance of permit. 11.1.1.4 The Non-Emergency Ambulance Service Provider must provide proof of liability insurance in the amount of $1 Million blanket liability coverage. 11.1.1.5 The No n-Emergency Am bulance Service Prov ider must p rovide p roof o f automobile liability insurance in the amount of $1 Million individual, $3 Million aggregate per occurrence. 11.1.2 Permits issued shall be valid until December 31st of that year. Permits must be renewed yearly. 11.1.3 The Delaware State Fire Prevention Commission may issue temporary permits when determined to be in the interest of public safety. 11.1.4 On an on-going basis throughout the term of the permit, the owner or individual in Responsible Charge shall be available upon reasonable notification for the purpose of providing documentation on any provisions of this Regulation and permitting physical inspection of all facilities and vehicles. 11.1.5 No Non-Emergency Ambulance Service Provider shall advertise or represent that it provides any Ambulance Service other than authorized to provide under this Regulation. 11.2 Operational Requirements 11.2.1 Vehicle Standards 11.2.1.1 All Non-Emergency Service Ambulances shall be registered and licensed in the State by the Delaware Division of Motor Vehicles. EXCEPTIONS: 11.2.1.1.1 Those vehicles to which the international registration plan applies. 11.2.1.1.2 Those vehicles properly registered in some other state. 11.2.1.2 Vehicles shall have clearly visible letters on both sides and the rear identifying the name of the organization or corporation or the vehicle’s specific identifier as specified under permit documentation. The letters shall be at least three inches in height. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 11.2.1.3 Vehicle patient compartment shall conform with the criteria within the most current United States Ge neral Ser vices Admi nistration federal sp ecifications fo r th e S tar of Lif e Ambulances. 11.2.2 Equipment Standards 11.2.2.1 Every Non-Emergency Service Ambulance shall maintain the required equipment and supplies as specified by the Delaware State Fire Prevention Commission and updated annually following recommendations from the Delaware State Fire School Director and the Delaware State Fire Prevention Commission’s Medical Director. 11.2.3 Staffing Requirements 11.2.3.1 Minimum acceptable crew staffing when transporting a patient shall consist of a driver and one State Certified EMT. 11.2.3.2 A minimum of one State Certified EMT shall always be in the patient compartment when a patient is present. 11.2.3.3 Non-Emergency Am bulance Ser vice drivers ar e re quired to h ave co mpleted th e “Emergency Vehicle Operators” course conducted by the Delaware State Fire School or an equivalent program approved by the Delaware State Fire Prevention Commission. 11.2.3.4 Any employee with a Non-Emergency Ambu lance Ser vice Pr ovider wh o h as b een convicted of or, had that employee been charged as a juvenile, adjudicated delinquent of crimes set forth in 16 Del.C. §6647 or any similar offense under any federal, state, or local law is pr ohibited fro m serving as an No n-Emergency Ambulance Ser vice d river in this State. 11.2.3.4.1 The Non -Emergency Ambu lance Ser vice Provider sh all ob tain a r eport o f the employee's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no information relating to that employee. 11.2.3.4.2 The Non -Emergency Ambu lance Ser vice Provider sh all ob tain a r eport o f the employee's e ntire fed eral cr iminal h istory r ecord fr om the Federal Bu reau of Investigation. Th e State Bu reau of Id entification shall be the int ermediary for the purposes of this section. 11.2.3.4.3 The Non-Emergency Ambulance Service Provider shall certify, on an annual basis, to the State Fir e Pr evention Co mmission that their em ployees h ave n ever b een convicted of an offense that constitutes any of the crimes set forth in 16 Del.C. §6647 or any similar offense under any federal, state, or local law. 11.2.4 Communications Requirements 11.2.4.1 All Non-Emergency Ambulances shall b e eq uipped with r eliable com munication tha t is capable of interfacing with the State of Delaware 800 MHz radio systems. Systems are required to be co nnected wit h Pu blic Saf ety An swering Po ints (PS AP) a nd all m edical control facilities . This needs to be coordinated with the State of Delaw are Divis ion of Communication to provide connectivity. This requirement must be adhered to within one year from the adoption of this regulation. 11.2.5 SAED Requirements 11.2.5.1 Upon placing an SAED on any Ambulance, the Non-Emergency Ambulance Service Provider shall comply with the Delaw are Early Defibrilla tion Program Adminis trative Policies as established by the Office of Emergency Medical Services. 11.2.6 Infection Control: All Non-Emergency Ambulance Service Providers shall comply with the infection control requirements in Chapter 10A, Title 16 of the Delaware code. 11.2.7 Center for Medicare Medicaid Services (CMS): All Non-Emergency Ambulance Service Providers shall c omply with the Final Rule in th e Fe deral Reg ister ( 64 F.R. 3637) revising the Med icare policies for ambulance services adopted February 24, 1999, or the most current edition. 11.2.8 Health Insurance Portability and Accountability Act of 1996 (HIPAA), or most current version. 11.2.9 All Non-Emergency Ambulance Service Providers will comply with the HIPAA. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 12.0 Compliance 12.1 The owner or registered agent of ever y Non-Emergency Ambulance Service Provider shall pr ovide Non-Emergency Ambulance Service in accordance with the requirements set forth in this Regulation and the contractual agreements established as a Non-Emergency Ambulance Service Provider and filed with the Delaware State Fire Prevention Commission in accordance with the provisions set forth in these Regulations. The Delaware State Fire Prevention Commission shall have the authority to issue corrective orders, cease and desist orders, suspend or revoke a Non-Emergency Ambulance Service Provider’s permit. 12.2 Every Ambulance used by a Non-Emergency Ambulance Service Provider shall maintain the required equipment and supplies as specified by the Delaware State Fire Prevention Commission. 12.2.1 Violations o f se ction 12 .2 shall require cor rective action a s defined in sectio n 1 2.2.3 with th e exception of those violations which represent an imminent danger to the public. 12.2.2 For those violations of section 12.2 representing an imminent danger to the public, the Delaware State Fir e Pre vention Commission or its de signated ag ent shall issue a nd de liver a n or der to cease and desist any further Non-Emergency Ambulance Service until such time as the violation has been verified as being corrected and corrective measures accepted by the Delaware State Fire Prevention Commission or its designated agent. 12.2.3 Equipment Deficiency Classifications and Corrective Action 12.2.3.1 Critical – The Non-Emergency Ambulance Service Provider shall be immediately notified and the unit is placed out-of-service until the deficiency is corrected and a re-inspection has occurred. 12.2.3.2 Cautionary – T he Non-Emergency Ambulance Service Pr ovider shall be immediately notified and the violation(s) shall require correction within five (5) working days of receipt of notice. All corrections shall require valid ation by the Delaware State Fire Prevention Commission or its designated agent. If not corrected within five (5) working days, the unit must be placed out-of-service. 12.2.3.3 Watchful – The Non-Emergency Ambu lance Ser vice Pr ovider sha ll b e im mediately notified that the deficiency must be corrected at the next restocking or shift change. 12.3 A Non-Emergency Service Provider may have its Non-Emergency Ambulance Service permit revoked or suspended if: 12.3.1 A Non-Emergency Ambulance Service Provider has violated or aided or abetted in the violation of any pr ovision of this Regu lation or o rder is sued b y the De laware State Fir e Pr evention Commission or its designated agent; or 12.3.2 A Non -Emergency Ambu lance Se rvice Pr ovider ha s p racticed any fra ud, misr epresentation, or deceit in obtaining or renewing a Non-Emergency Ambulance Service permit; or 12.3.3 A No n-Emergency Ambu lance Service Provid er h as demonstrated gross ne gligence, incompetence or misconduct in providing Non-Emergency Ambulance Service; or 12.3.4 Has engaged in any unfair or deceptive trade practice; or 12.3.5 Has violated any contractual agreement related to providing Non-Emergency Ambulance Service. DISCONTINUATION OF BLS AMBULANCE SERVICE 13.0 Discontinuation of BLS Ambulance Service 13.1 STEP 1: Any Primary Ambu lance Service Provider desiring to terminate BLS Ambulance Service in the S tate m ust no tify th e D elaware S tate F ire Prevention Co mmission in writing 180 da ys b efore terminating BLS Ambulance Service. 13.2 STEP 2: Immediately upon notification of a Primary Ambulance Service Provider’s desire to terminate service, the Chair or the Vice Chair of the Delaware State Fire Prevention Commission shall notify the president o f the coun ty fir emen’s association in which th e Prim ary Am bulance Se rvice Pr ovider DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS provides BL S Ambulance Se rvice to the residences and visitors of the S tate fo r tha t Am bulance Service District. 13.3 STEP 3: Immediately upon receiving notification of a Primary Ambulance Service Provider’s desire to terminate BLS Ambulance Service the Chair of the Delaware State Fire Prevention Commission shall appoint a committee. The committee established pursuant to this section 13.3 shall: 13.3.1 Communicate and offer assistance to the terminating Primary Ambulance Service Provider in an effort to help them continue BLS Ambulance Service. 13.3.2 In the event that the county committee is unable to get the company to continue BLS Ambulance Service, they shall then contact the surrounding departments and ascertain and/or develop a plan for th ose de partments to divide th e Ambu lance S ervice Dis trict and continue BLS Ambulanc e Service. 13.3.3 In the e vent th at step s o ne a nd two fa il th e coun ty committee may put fo rth a ny and all suggestions they deem viable in order to provide BLS Ambulance Service to the residences and visitors of the state of Delaware for that Ambulance Service District. 13.3.4 The committee, through the County Firemen’s Association President, shall report to the Delaware State Fire Prevention Commission within 60 days with their recommendations and/or findings. EMERGENCY MEDICAL TECHNICIANS 14.0 Training/Certification All individuals who successfully complete initial EMT training may be eligible for and must successfully pass the NREMT examination to receive Delaware EMT Certification. 14.1 Eligibility For Delaware EMT Certification 14.1.1 Apply to the Delawar e State F ire Pr evention Comm ission on the ap proved a pplication for m provided by the Delaware State Fire School. 14.1.2 An individual may apply for Certification as an EMT provided that. 14.1.2.1 They a re a member in good standing of a Delawa re Fire Dep artment, a n ambulance company, a p rivate ambulance pr ovider o r an y oth er gr oup, business or in dustry authorized by the Delaware State Fire Prevention Commission to provide BLS or Non- Emergency Ambulance Service within the State. 14.1.2.2 They ha ve o btained EMT , advanced emergency me dical technician or p aramedic registration from the NREMT. 14.1.2.3 The Chief, CEO, or head of the respective organization signs the application. 14.1.2.4 They are compliant with criminal history background check pursuant to 16 Del.C. §6712. 14.1.2.5 Must be 18 years of age. 14.1.2.6 Comply with the State of Delaware Immunization policy. 14.2 Certification 14.2.1 Certification may be ob tained by comp leting a state ap proved EMT cou rse a nd p assing the NREMT exam. Registration and Certification will be issued for the time period to coincide with the NREMT registration cycle. This is typically a two-year period. 14.2.2 Individuals who take an EMT class from a state-approved provider other than the Delaware State Fire School are required to meet all Delaware State Fire Prevention Commission requirements for Certification. 14.2.2.1 It is the responsibility of the individual applying for certification to provide criminal history background check as specified by Delaware State Fire Prevention Commission. 14.2.2.2 It is the responsibility of the individual applying to provide all necessary documentation for certification to include cour se completion certificate, current SAED/CPR certification, Delaware protocol training and NREMT-B card. 14.3 Recertification as Delaware EMT DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 14.3.1 Individuals will be re-certified for a two-year period. 14.3.2 The re-certification requirements for a Delaware EMT will be determined by the Delaware State Fire Prevention Commission, with recommendations of their medical advisor/director. 14.3.3 Requirements for re-Certification are: 14.3.3.1 Individuals must submit a request for re-Certification to the Delaware State Fire School documenting completion of the following requirements. 14.3.3.1.1 Attend an ap proved in-State p rescribed US Dep artment o f Transportation EMT refresher conducted by the Delaware State Fire School or an equivalent approved by the State Fire Prevention Commission. 14.3.3.1.2 Current CPR/SAED certificate. 14.3.3.1.3 Completion of form provided by the Delaware State Fire School. 14.3.3.1.4 The applicant for re-Certification is a member in g ood standing of a Dela ware Fire Department, an Ambulance organization, a private Ambulance provider or any other group b usiness or ind ustry ce rtified b y th e Dela ware S tate Fir e Pr evention Commission to provide Ambulance service. 14.3.3.1.5 The Chief, Chief Executive Officer, President or head of the respective organization signs the application. 14.3.3.1.6 The ap plicant for re-Certification h as not pr eviously had th eir Dela ware EM T Certification revoked. Previous suspension of a Delaware EMT Certification may be grounds for denial of re-Certification. 14.3.4 Re-registration as a n NREM T-B: Th e r egistration r equirements for a National Re gistry of Emergency Medical Technician – Basic will be determined by the National Registry of Emergency Medical Technicians. 14.3.4.1 Continuing education classes to achiev e re-regis tration through the N REMT will be reviewed for approval by the Office of Em ergency Medical Services in a ccordance with NREMT policy and procedures. 14.3.5 Active duty military personnel not able to re-certify due to deployment may request for an extension of Certification until they are able to return and complete necessary requirements. Upon return the individual shall have 90 days to complete re-Certification requirements. 14.4 Decertification; Violations; Penalties and Disciplinary Procedure. 14.4.1 An EMT may lose their Delaware EMT Certification if: 14.4.1.1 An EMT does not meet the re-Certification requirements as defined by the Delaware State Fire Prevention Commission; or 14.4.1.2 Obtained Certification by means of fraud or deceit; or 14.4.1.3 Demonstrated gross negligence, or has proven otherwise to be grossly incompetent; or 14.4.1.4 Violated Statewide Basic Life Support treatment protocols; or 14.4.1.5 Violated or aided or abetted in the violation of any provision of this Regulation; or 14.4.1.6 Engaged in unprofessional conduct; or 14.4.1.7 Has their NREMT certification revoked by the National Registry of Eme rgency Medical Technicians; or 14.4.1.8 Is charged with an offense as specified in 16 Del.C. §6712(b). 14.4.2 “Unprofessional conduct” includes but is not limited to any of the following acts or omissions: 14.4.2.1 The u se of a ny false, frau dulent, or for ged st atement or do cument or the use o f a ny fraudulent, de ceitful, d ishonest, o r u nethical pr actice in c onnection with a c ertification, registration, or licensing requirement of this Regulation, or in connection with the practice of EMT services or other profession or occupation regulated by the Delaware S tate Fire Prevention Commission; 14.4.2.2 Conviction of or admission under oath to having committed a crime substantially related to the practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission; DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 14.4.2.3 Any dishonorable, u nethical, or o ther con duct likely to d eceive, defraud, or h arm the public; 14.4.2.4 The practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission under a false or assumed name; 14.4.2.5 The practice of EMT services or other profession or occupation regulated regulated by the Delaware S tate F ire Pr evention Commission without a cer tificate or other autho rizing document o r renewal of such d ocument, un less o therwise authorized by the Dela ware State Fire Prevention Commission; 14.4.2.6 The use , d istribution, o r issuan ce of a dangerous o r na rcotic dr ug, o ther than for therapeutic or diagnostic purposes; 14.4.2.7 The practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission by any EMT whose physical or mental capacity is not adequate to safely perform the EMT's duties and responsibilities; 14.4.2.8 Advertising of the practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission in an unethical or unprofessional manner; 14.4.2.9 Knowing or intentional performance of an act which, unless authorized by the Delaware State Fire Pre vention Comm ission, assists a n un authorized p erson to practice EMT services or other pr ofession or occupation r egulated b y the Delaware State Fire Prevention Commission; 14.4.2.10 The failure to provide adequate supervision to an individual working under the supervision of a person who is certified to practice EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission; 14.4.2.11 Misconduct, incompetence, or gross negligence in the practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission; 14.4.2.12 Unjustified failure upon reques t to divu lge in formation re levant to the au thorization o r competence of a p erson to pr actice EMT se rvices or ot her p rofession or o ccupation regulated by the Delaware State Fire Prevention Commission to the Delaware State Fire Prevention Commission, or to anyone designated by the Delaware State Fire Prevention Commission to request such information; 14.4.2.13 The violation of a provision of this Regulation or the violation of an order of the Delaware State Fire Prevention Commission related to the practice of EMT services, BLS Service or to the procedures of other professions or occupations regulated by Delaware State Fire Prevention Commission, the violation of which more probably than not will harm or injure the public or an individual; 14.4.2.14 Charging a grossly exorbitant fee for EMT services or BLS Services rendered; 14.4.2.15 Suspension or revocation of EMT Certification or of the authorizing document to practice another pr ofession or occup ation reg ulated by De laware S tate Fir e Pr evention Commission, or other disciplinary action taken by the regulatory authority in another state or territory. In making its determination, the Delaware State Fire Prevention Commission may rely upon decisions made by the appropriate authorities in other states and may not permit a collateral attack on those decisions. 14.4.3 The following procedure shall be followed for the investigation of complaints against EMT’s: 14.4.3.1 Any person who desires to file a complaint against any EMT must do so in writing to the Delaware State Fire Prevention Commission. 14.4.3.2 The complaint shall state the name of the EMT and sufficient facts as determined by the Delaware State Fire Prevention Commission which allegedly constitute the basis for the written complaint. If an y of these ele ments are mis sing in the written complaint, the Delaware State Fire Prevention Commission may, in its discretion, sua sponte dismiss the complaint. 14.4.3.3 The complaint shall be filed with the Delaware State Fire Prevention Commission. The Delaware State Fire Prevention Commission’s designee shall, within 15 days of the receipt DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS of the complaint, fill out a complaint card, assign a co mplaint number and log the complaint in the D elaware State Fire Prevention Commission's records. A record of the complaint shall be kept with the Delaware State Fire Prevention Commission for a period of 5 years. The Delaware State Fire Prevention Commission shall also assign a designee to investigate the complaint after this procedure is complied with. 14.4.3.4 The Delaware S tate Fire Prevention Commi ssion shall th ereafter ma il a co py of the complaint to the EMT named in the comp laint at the EMT's a ddress of r ecord in th e Delaware State Fire Prevention Commission's files. The Delaware State Fire Prevention Commission ma y, in it s d iscretion, withho ld the nam e of the co mplainant. Th e n amed EMT, if the EMT chooses, may file an answer to the complaint within 20 calendar days with the Delaware State Fire Prevention Commission. 14.4.3.5 The Delaware S tate Fire P revention Comm ission sh all suspe nd it s investigatio n an d withhold from the respondent reports of violations or misconduct if a request to do so is made in writing by the Dela ware Dep artment o f Justice or a fede ral la w-enforcement authority due to the potential effects of such conduct on a pending criminal investigation. Such writ ten request shall suspend any duty to investigate, advise the com plainant or respondent, or undertake any other duties that w ould interfere with th e ability of law enforcement to investigate the allegations successfully. The suspen sion shall remain i n effect until the Delaware Dep artment of Ju stice or federal law en forcement informs the Delaware State Fire Prevention Commission in writing that action by the Delaware State Fire Prevention Commis sion w ill not in terfere w ith a pendi ng law -enforcement investigation. 14.4.3.6 The investigator assigned by the Delaware State Fire Prevention Commission shall direct the in vestigation o f th e c omplaint The investigat or sh all iss ue a f inal re port at the conclusion of the investigator's investigation. The report shall list the evidence reviewed, the witnesses interviewed and cite the law or regulation alleged to have been violated and the facts to support such finding. The report shall con tain a written recommendation to either prosecute or dismiss the complaint approved by the Delaware State Fire Prevention Commission. 14.4.3.7 The Chair or Vice-Chair of Dir ector of the Delaware State Fire P revention Commission may forward the complaint and written report to the Department of Justice for review by a Deputy Attorney General. If deemed warranted, the Deputy Attorney General may file a formal wr itten co mplaint ag ainst the n amed EMT with the th e Delawa re S tate Fir e Prevention Commission and request a hearing before the Delaware State Fire Prevention Commission. If the Deputy Attorney General assigned to the case recommends not to prosecute or othe rwise n ot file a formal co mplaint, the Deputy Atto rney Ge neral sha ll notify th e Ch air or V ice-Chair o f t he De laware S tate Fir e Pre vention Co mmission in writing. 14.4.3.8 If the D eputy At torney Ge neral a ssigned to t he ca se re commends dis missal or no prosecution, the Delaware State Fire Prevention Commission shall, thereafter, dismiss the complaint which shall constitute a final order. Th e Dela ware S tate Fire Pr evention Commission shall, thereafter, file a copy of th e Attorney General's recommendation and an investigator's report for informational purposes only. 14.4.3.9 Nothing in this subs ection sh all prohibit a member of the public from filing a complaint directly with the Delaware State Fire Prevention Commission or an EMS Medical Director. 14.4.4 For the purpose o f the pu blic h ealth, safety and we lfare, the Delawa re State Fire Prevention Commission may impose, after a hearing, any of the following sanctions against an EMT for any violation of this Regulation: 14.4.4.1 Issue a letter of reprimand; 14.4.4.2 Place the EM T o n probationary status with requirements for reporting to the Dela ware State Fire Prevention Commission. 14.4.4.3 Suspend any EMT’s Certification; DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 14.4.4.4 Permanently revoke any EMT’s Certification; 14.4.4.5 Withdraw or re duce con ditions o f pr obation when the De laware S tate Fir e Pr evention Commission finds that the deficiencies which required such action have been remedied. 14.5 Reinstatement for Delaware EMT Upon Expiration of Current Certification. 14.5.1 Individuals desir ing to regain Certification as a De laware EM T, after the expir ation o f their Certification may do so provided the following conditions are met. 14.5.1.1 Their card has been expired 24 months or less. 14.5.1.2 They must attend an approved Delaware EMT refresher course. 14.5.1.3 They must show proof of a current SAED and CPR certification. 14.5.1.4 They must s uccessfully complete the curr ent Delaware Protocol ex amination. T he protocol se lf study cou rse is availa ble fr om the Delaware S tate Fir e Scho ol or their website. 14.5.1.5 They must acquire a Delaware and Federal background check at their expense. 14.5.1.6 They must submit all required paperwork and application for Certification to the Delaware State Fire School. 14.5.1.7 The a pplicant is a member in go od standing of a Delaware Fire Dep artment, an Ambulance or ganization, a pr ivate Ambu lance pr ovider o r a ny other gr oup b usiness or industry cer tified by the De laware S tate Fir e Pr evention Com mission to pr ovide Ambulance service. 14.5.1.8 The Chief, CEO or head of the respective organization signs the application. 14.5.1.9 The applicant has not previously had their Delaware EMT Certification revoked. Previous suspension of a Delaware EMT Certification may be grounds for denial of reinstatement. 14.5.2 Individuals whose card has expired 24 months or more must take an approved EMT course and pass the NREMT examination. 14.6 Testing Procedures For National Registry of Emergency Medical Technicians. 14.6.1 Initial testing and re-testing for National Registered EMT-B will follow the guidelines set forth by the National Registry of Emergency Medical Technicians. 14.7 Reciprocity 14.7.1 EMT’s, paramedics, nurses, or physicians who enter Delaware with a NREMT EMT, advanced emergency medical technician or paramedic certification will receive reciprocity as an EMT in the State provided that. 14.7.1.1 They b ecome a member o f an authorized Pr imary, Secon dary or Non -Emergency Ambulance Service Provider in the State. 14.7.1.2 They submit the required application form to the Delaware State Fire School. 14.7.1.3 They have a current National Registry EMT certification. 14.7.1.4 CPR and SAED as approved by the Delaware State Fire Prevention Commission. 14.7.1.5 Challenge practical exams as required. 14.7.1.6 Successfully completed Delaware Protocol Examination. 14.7.1.7 Provide mandated State & Federal background checks. 14.7.1.8 Applicants will be advised of the appeal process of Regulation 710, Section15.0, Criminal History Background Check if reciprocity is denied because of criminal history background check. 14.7.2 Applicants certified from other states without at least a nationally registered EMT certification must obtain NREMT registration prior to applying for Delaware Certification. 14.7.3 The Del aware State F ire Pre vention Commission reserves the r ight to ad minister a wr itten examination if deemed necessary. 14.8 Duty to Self-Report. – All EMT’s shall: 14.8.1 Self-report to the volunteer fire, rescue or ambulance company, BLS Ambulance Service Provider, Primary Ambulance Service Provider, Secondary Ambulance Service Provider or Non-Emergency DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS Ambulance Ser vice Pr ovider to wh ich th ey are a mem ber or employed an d to th e State Fir e Prevention Commission any convictions, charges or adjudications. 14.8.2 Submit the report required by this section in writing within 30 days of the charge, adjudication or notification of the conviction. 14.8.3 Failure to make a report constitutes grounds for discipline under this Regulation. 15.0 Criminal History Background Check 15.1 Authorized Governmental Designee for the Delaware State Fire Prevention Commission 15.1.1 The Delaware State Fire Prevention Commission authorizes the Director of the Delaware State Fire School to b e its go vernmental designee to acquire and review State and Federal criminal history background checks su bmitted by th e State Bureau of Id entification for an app licant applying to become a Delaware EMT and to interview the applicant, if necessary. 15.2 Evaluation Procedure for Criminal History Background Checks. 15.2.1 The Dir ector of the Delaware St ate Fire Schoo l sha ll evalu ate the crim inal history b ackground checks using the criteria establish ed in 16 Del.C. §6 712(b). All crim inal h istory ba ckground checks will be forwarded by the State Bureau of Identification to the Director of the Delaware State Fire School. 15.2.2 Should th e Dir ector of th e Del aware State Fi re School as a re sult of th e cr iminal hist ory background check find cause to recommend to the Delaware State Fire Prevention Commission that it deny the application of the person seeking certification as an EMT, the Director shall notify the De laware State Fir e Pre vention Commission of this decision . Un professional conduct as defined in this Regulation may constitute cause under this sub-section. 15.2.3 The Director of the Delaware State Fire School shall advise the applicant that the application is denied and state the reason therefore. The Director of the Delaware State Fire School will also advise the applicant of the right to review all information reviewed by the Director and the right to appeal the d ecision b y re questing a he aring before th e Delaware State Fire Pr evention Commission. 15.3 Appeal Process for Denial of Certification or De-certification because of Criminal Conviction 15.3.1 Any Delaware EMT applicant or certificate holder notified by the Delaware State Fire Prevention Commission an d or the De laware State Fir e Sc hool that the De laware State Fir e Pr evention Commission intends to deny the application or decertify the certificate holder because of criminal history background check information may appeal the denial to the Delaware State Fire Prevention Commission. The process is: 15.3.1.1 Within 10 days after the postmark on the notification of the intent to deny certification or decertify a certificate holder, the applicant shall submit a written request for a hearing to the De laware S tate F ire Prevention Co mmission st ating the reason(s) supporting the appeal. 15.3.1.2 Notice of the hearing shall be given at least 20 days before the day of the h earing and comply with the provisions of 29 Del.C. §10122. 15.3.1.3 The hearing before the Delaware State Fire Prevention Commission will be conducted in accordance with the Delaware Administrative Procedures Act 29 Del.C. Ch. 101. 15.4 Requirements for Certification 15.4.1 Persons seeking certification as a Delaware EMT must be eighteen (18) years of age at the time of application. 15.4.2 An individual ap plying for cer tification m ust meet the r equirement of Reg ulation 710, of th e Delaware State Fire Prevention Regulations “Ambulance Service Regulations”. 15.4.3 Persons seeking Certification must meet the criminal history background check as mandated in 16 Del.C. §6712(b), effective July 12, 2001 and follow the procedures outlined in this Regulation. 15.5 Administrative Policy Pertaining to Criminal History Background Checks DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 15.5.1 Delaware State Fire School training announcements for EMT courses will inc lude the statement “Criminal History Background checks will be required as per the regulations”. 15.5.2 All chiefs of departments, presidents or ambulance captains of volunteer rescue or ambulance squads or officers of p rivate corporations or entities which h ave students pre-registered for the class or have hired an individual as an Ambulance driver shall inform the individual that a criminal history background check will be required. It will be the responsibility of any private EMT training institution to m ake their students aware that a criminal history background check is re quired to become a State Certified EMT and the criminal history background check be available in order to receive EMT Certification or authorization by the Delaware State Fire Prevention Commission, or its designee, to drive an Ambulance. 15.5.3 Any student not pre-registered for the class will not be accepted as a walk-in. 15.5.4 All EMT students and Am bulance drivers will sign a releas e provided by the State B ureau of Identification authorizing the criminal history background check. Any student or Ambulance driver failing to sign the designated form will not be allow ed to participate i n the course or drive an Ambulance. 15.5.5 Students who are members of a private ambulance service are required to pay the course tuition prior to the first night of class. The tuition is refundable at 100% if the student drops out prior to the first night of class. The tuition may be refundable at 50% if the stu dent drops out pri or to the midpoint of class. The tuition is non-refundable after the midpoint of class. 15.5.6 Any volunteer fire, rescue or ambulance company student accepted into the course who does not complete the course will be required to reimburse the Delaware State Fire School the cost of the course materials. 15.6 Payment of Cost for Criminal History Background Checks 15.6.1 All applicants and Ambulance drivers shall pay for the criminal history background check at the time of their request. 15.6.2 Reciprocity for University of Delaware Students 15.6.2.1 The Delaw are S tate Fire Prevention Commiss ion will waive the criminal history background check re quirements for all Un iversity of Delawar e Students a pplying for Certification as an EMT. 15.6.2.2 The University Police Dep artment will provide the Director of th e Delaware State Fire School with a written document listing all eligible students and a statement that they have passed an inter nal background check at least eq ual to the re quirement o f 16 Del.C. §6712. 15.7 Confidentiality of Criminal History Background Check Information 15.7.1 Information obtained pursuant to the criminal history background check is confidential and except as provided in this Regulation, shall not be released from the Delaware State Fire School under any circumstances to anyone. 15.7.2 All criminal history background check information that is reviewed by the Director of the Delaware State Fire School shall be retained in a locked file cabinet in the custody of the Director for a two (2) year period. 15.7.3 When a denial for Certification is made, the Delaware State Fire Prevention Commission will be advised by the D irector of t he Delaware State Fire Sc hool and the bac kground chec k w ill be secured for at least 60 days or until any appeal process is completed. 15.7.3.1 At th e exp iration of 60 days, if an app eal has no t b een filed, t he in formation is to be retained by the Director of the Delaware State Fire School secured file system. 15.7.4 Pursuant to 16 Del.C. §6712 the individual may meet with the Director of the Delaware State Fire School a nd after providing p roof o f identification in cluding a ph oto identification, rev iew their information. Copies will not be provided to anyone. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS EMERGENCY MEDICAL RESPONDERS 16.0 Emergency Medical Responders: EMR’s do not meet the requirements of EMT and cannot transport a patient without a Delaware Certified EMT present and in the patient care compartment. 16.1 Eligibility for Delaware EMR Certification 16.1.1 16 years of age 16.1.2 Complete approved United States Department of Transportation EMR curriculum 16.1.3 NREMT EMR certification is optional 16.1.4 Submit required applications and paperwork to Delaware State Fire School 16.2 Certification is valid for 2 years from the date of course completion. 16.3 Re-Certification 16.3.1 Must re-Certify as mandated by the Delaware State Fire Prevention Commission. 16.3.1.1 United States Department of Transportation EMR refresher, SAED and CPR. 16.3.1.2 NREMT registration – As determined by NREMT. 16.3.1.3 The applicant for re-Certification has not previously had their Delaware EMR Certification revoked. Previous suspension of a Delaware EMR Certification may be grounds for denial of re-Certification. 16.4 De-certification 16.4.1 May have their Certification revoked by the Delaware State Fire Prevention Commission for any violation o f this Regu lation. T he p rovisions o f sections 1 4.4 a nd 1 4.8 of this Regu lation ar e expressly made applicable to EMR’s 16.5 Expired EMR Certifications 16.5.1 Individuals desiring Certification as an EMR after the expiration date of their certification may do so providing the following conditions are met. 16.5.1.1 Card expired 24 months or less. 16.5.1.2 Attend approved refresher course. 16.5.1.3 Show proof of current SAED/CPR certification. 16.5.1.4 Submit all required applications and paperwork to Delaware State Fire School. 16.5.1.5 The applicant for re-Certification has not previously had their Delaware EMR Certification revoked. Previous suspension of a Delaware EMR Certification may be grounds for denial of re-Certification. 16.5.1.6 Individuals whose card has expired more than 24 months must attend a complete EMR training course. 16.5.2 Individuals desiring to regain NREMT registration must follow the policies of the NREMT. 16.6 Testing procedures Delaware EMR. 16.6.1 Initial testing and retesting for EMR’s will follow the guidelines set forth by Delaware State Fire School. 16.7 Reciprocity. 16.7.1 EMR’s from other state must submit a request. 16.7.2 Show proof of attending a United States Department of Transpiration curriculum. 16.7.3 Obtain or show proof of CPR/SAED certification as approved by Delaware State Fire Prevention Commission. 16.7.4 Successfully complete practical examinations as determined by the Delaware State Fire School. 16.7.5 Successfully complete the State EMR examination. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS DEPARTMENT OF AGRICULTURE THOROUGHBRED RACING COMMISSION Statutory Authority: 3 Delaware Code, Section 4815(b)(3)(c)(3) (3 Del.C. §4815(b)(3)(c)(3)) 3 DE Admin. Code 1001 PUBLIC NOTICE 1001 Thoroughbred Racing Rules and Regulations The De laware T horoughbred Racin g Com mission in accor dance with 3 Del.C. §10103(c) has proposed changes to its rules and regulations. The proposal amends the rules and regulations to conform to recently revised national standards for the accep table levels of phe nylbutazone and o xyphenbutazone in tho roughbred race horses. A public hearing will be held on March 15, 2011 at 10:00 a.m. in the second floor conference room of the Horseman’s Of fice, l ocated on th e gr ounds o f De laware Par k, 7 77 De laware Pa rk Bou levard, Wilming ton, Delaware 19804 where members of the public can offer comments. Anyo ne wishing to r eceive a copy o f the proposed regulations may obtain a co py from the Delaware Thoroughbred Racing Commission, 777 Delaware Park Boulevard, Wilmington, Delaware 19804. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulation at its regularly scheduled meeting following the public hearing. 1001 Thoroughbred Racing Rules and Regulations (Break in Continuity of Sections) 15.0 Medication; Testing Procedures 15.1 Prohibition and Control of Medication: (Break in Continuity Within Section) 15.1.3 Foreign Substances: 15.1.3.1 No horse participating in a race shall carry in its body any foreign substance except as provided in Rule 15.1.3.1.3: 15.1.3.1.1 A finding by the chemist that a foreign substance is present in the test sample shall be prima facie evidence that such foreign substance was administered and carried in the body of the horse while participating in a race. Such a finding shall also be taken as prima facie evidence that the Trainer and agents responsible for the care or custody of the horse has/have been negligent in the handling or care of the horse. 15.1.3.1.2 A finding by the chemist of a foreign substance or an approved substance used in violation of Rule 15.1 in any test sample of a horse participating in a race shall result in the horse being disqualified from purse money or other awards, except for purposes of pari-mutuel wagering which shall in no way be affected. 15.1.3.1.3 A foreign substance of accepted therapeutic value may be administered as prescribed by a Veterinarian when test levels and guidelines for its use have been established by the Veterinary-Chemist Adviso ry Co mmittee of the Nation al Associa tion of State Racing Commissioners and approved by the Commission. Aminocaproic acid may be present in a horse's body while it is participating in a race, subject to all the provisions of these Rules. Androgenic-Anabolic Steroids are subject to the provisions of Rule 15.17. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 15.1.3.1.4 The only approved non-steroidal anti-inflammatory drug (NSAID) that may be present in a hors e's body while it is p articipating in a ra ce is ph enylbutazone/ oxyphenobutazone in the level stated in 15.1.3.1.5 or 15.1.3.1.6. The presence of any other NSAID at any test level is forbidden. Revised: 1/6/92. 15.1.3.1.5 The test level of phenylbutazone under this Rule shall not be in excess of two point five (2 .50) micrograms (mc g) per m illiliter (ml) of plasma w ithout penalties in the following format: Micrograms per milliliter Penalties 0 to 2.50 No action 2.61 to 4.94 First Offense-$500.00 fine 2.61 to 4.94 Second Offense within 365 days $1000.00 fine 2.61 to 4.94 Third Of fense within 3 65 days $10 00.00 fine a nd/or Suspension and/or Loss of Purse 5.0 4.5 and Over Fine, Suspension, Loss of Purse 15.1.3.1.6 The test level for oxphenobutazone under this Rule shall not be in excess of two (2) micrograms (mcg) per milliliter (ml) of plasma.. Micrograms per milliliter Penalties 0 to 2.50 No action 2.61 to 4.94 First Offense-$500.00 fine 2.61 to 4.94 Second Offense within 365 days $1000.00 fine 2.61 to 4.94 Third Offense within 365 days $1000.00 fine and/or Suspension and/or Loss of Purse 5.0 4.5 and Over Fine, Suspension, Loss of Purse *Please Note: As the res t of th e se ctions we re no t ame nded, t hey are not being pu blished h ere. A complete copy of the proposed regulation is available at: 1001 Thoroughbred Racing Rules and Regulations DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) PUBLIC NOTICE 210 District School Board Member Special Education Due Process Hearing Training Education Impact Analysis Pursuant To 14 Del.C. Section 122(d) DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS A. Type of Regulatory Action Required New Regulation B. Synopsis of Subject Matter of the Regulation The Secretary of Education intends to amend 14 DE Admin. Code by adding a new regulation 210 District School Board Member Special Education Due Process Hearing Training. The regulation is required as a result of the passage of HB 386 of the 145th General Assembly. The regulation relates to special education due process hearing training for school distr ict bo ard of edu cation me mbers. The la w as written do es not ap ply to charter schools; therefore, this regulation does not apply to charter schools. Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before March 4, 2011 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office. C. Impact Criteria 1. Will the new regulation help im prove student achi evement as me asured against st ate ac hievement standards? This is a new regulation and not specifically related to improving student achievement. 2. Will the new regulation help ens ure that all student s rec eive an e quitable education? This is a new regulation and not specifically related to students receiving an equitable education. 3. Will the new regulation help to ensure that all students’ health and safety are adequately protected? This is a new regulation and not specifically related to students’ health and safety. 4. Will the new regulation help to ensure that all students’ legal rights are respected? The requirements of this new regulation will provide information that includes students’ legal rights as they relate to special education. 5. Will the new regulation pr eserve the necessary authority and flex ibility of decision making at the loc al board and school level? This new regulation does not specifically address decision making at the local board and school level. 6. Will the new regulation plac e unnecessary reporting or administrative require ments or mandates upon decision makers at the local board and school levels? This new regulation requires administrators and boards of local school districts to attend training. 7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The new regulation requires training for local school district board members and does not specifically address decision making authority and accountability. 8. Will the new regulation be consist ent with and not an impe diment to the implemen tation of other s tate educational po licies, in p articular to state educational p olicies a ddressing a chievement in the cor e academic subjects of mathematics, science, language arts and social studies? The new regulation is consistent with other state educational policies. 9. Is there a less burdensome method for addressing the purpose of the regulation? The new regulation is in response to legislation passed. 10. What is the cost to the State and to the local school boards of compliance with the regulation? There are time resources and material costs associated with the requirements of this regulation. 210 District School Board Member Special Education Due Process Hearing Training 1.0 Purpose The purpose of this r egulation is to outline the criteria and process for the required training for members of district school boards, including vocational technical school boards, pursuant to 14 Del.C. §1049B. The purpose of the training is to inform school board members of the educational and legal issues generally involved in special education due process hearings arising under the Indiv iduals With Disabilities Education Act, 20 U.S.C.§ 1400 (“IDEA”) and Chapter 31 of Title 14 of the Delaware Code (“Chapter 31”). DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 2.0 Definitions “District School Board” shall mean reorganized school district boards and vocational technical school district boards duly appointed or elected pursuant to Chapter 10 of Title 14 of the Delaware Code. “Materials” sha ll me an training aids a pproved by the Secre tary of Edu cation for u se in th e S pecial Education Due Process Hearing Training. “School Boa rd Memb er” sh all me an a distr ict schoo l boa rd memb er wh ether that pe rson is e lected, appointed, or is a volunteer. “Trainer” means an individual, agency, or organization approved by the Secretary of Education to provide the Special Education Due Process Hearing Training, in whole or in part. 3.0 Special Education Due Process Hearing Training Requirement 3.1 The Special Education Due Process Hearing Training means the program and materials approved by the Department of Ed ucation co nsisting of a minimum o f t wo (2 ) hours and covering t he fo llowing topics: 3.1.1 Overview o f spe cial ed ucation re quirements re lated to the id entification, e valuation, an d educational placement of c hildren with disabilities, and the provis ion of a free, appropriate public education to children with disabilities; and 3.1.2 Overview of the due process hearing system; and 3.1.3 Summary of other procedural safeguards and dispute resolution options available to parents and school districts under the IDEA and Chapter 31. 3.2 The training may be provided in a format that includes, but not limited to, an electronic media format or in person. 4.0 Special Education Due Process Hearing Training Requirement for District School Board Members 4.1 Each district School Board Member shall participate and complete the Special Education Due Process Hearing Training the later of the following: 4.1.1 Within one (1) year of election, appointment, or voluntary service to a District School Board; or 4.1.2 Within one year of the initial effective date of this regulation. 5.0 Trainer The training required by this regulation shall be conducted by a trainer as defined in this regulation. 6.0 Materials The materials used for the training required by this regulation shall be those as defined in this regulation. OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 211 PUBLIC NOTICE 211 Notice to School Boards of Due Process Proceedings Education Impact Analysis Pursuant to 14 Del.C. Section 122(d) A. Type of Regulatory Action Required New Regulation DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS B. Synopsis of Subject Matter of the Regulation The Secretary of Education intends to amend 14 DE Admin. Code by adding a new regulation 211 Notice to School Boards of Due Process Proceedings. The regulation is required as a result of the passage of HB 387 of the 145th General Assembly. The regulation relates to notification of special education due process proceedings. This law applies to both local school boards and charter schools. Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before March 4, 2011 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office. C. Impact Criteria 1. Will the new regulation help im prove student achi evement as me asured against st ate ac hievement standards? This is a new regulation and not specifically related to improving student achievement. 2. Will the new regulation he lp ensure that all studen ts rec eive an equit able e ducation? This is a new regulation and not specifically related to students receiving an equitable education. 3. Will the new regulation help to ensure that all students’ health and safety are adequately protected? This is a new regulation and not specifically related to students’ health and safety. 4. Will the new regulation help to ensur e that all student s’ legal rights are respected? The requirements of this new regulation will provide information that might include students’ rights as they relate to special education. 5. Will the new regulation pr eserve the necessary authority and flex ibility of decision making at the loc al board and school level? This new regulation requires administrators and boards of local school districts and charter schools to take additional actions as it relates to due process proceedings. 6. Will the new regulation plac e unnecessary reporting or administrative require ments or mandates upon decision makers at the local board and school levels? This new regulation requires administrators and boards of local school districts and charter schools to take additional actions as it relates to due process proceedings. 7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The dec ision mak ing author ity and acc ountability does not change based on this new regulation. 8. Will the new regulation be consist ent with and not an impe diment to the implemen tation of other s tate educational po licies, in p articular to state educational p olicies a ddressing a chievement in the cor e academic subjects of mathematics, science, language arts and social studies? The new regulation is consistent with other state educational policies. 9. Is there a less burdensome method for addressing the purpose of the regulation? The new regulation is in response to legislation passed. 10. What is the cost to the State and to the local school boards of compliance with the regulation? There are time resources and material costs associated with the requirements of this regulation. 211 Notice to School Boards of Due Process Proceedings 1.0 Purpose The purpose of this regulation is to outline the process for notifying school board members pursuant to 14 Del.C. §3110(d) of special education administrative hearings under the Individuals With Disabilities Education Act, 20 U.S.C.§ 1400 et seq. (“IDEA”) and 14 Del.C. §3101 et seq (“Chapter 31”) involving the school district or charter school. 2.0 Definitions “School Board” shall mean charter school boards of directors organized pursuant to Chapter 5 of Title 14 of the De laware Cod e, and re organized schoo l district boa rds a nd vo cational te chnical schoo l district boards duly appointed or elected pursuant to Chapter 10 of Title 14 of the Delaware Code. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS “School Board Member” shall mean a district school board member or charter school board member whether that person is elected, appointed, or is a volunteer. 3.0 Privacy and Confidentiality Considerations Actions taken and documents provided in accordance with this regulation and 14 Del.C. §3110(d) must comply with IDEA a nd it s re gulations, th e Fa mily E ducational Right s and Priv acy Act, 20 U.S.C. §1232g (“FERPA”) and its regulations, the Delaware Freedom of Information Act, 14 Del.C. §10001 et seq. (“FOIA”), and all other applicable federal and state laws and regulations governing the privacy and confidentiality of student information and records. 4.0 Notice of Due Process Complaint 4.1 After receiving notification that a due process complaint has been received by the Secretary of the Department of Education, the superintendent of a reorganized school district or a vocational technical school district ( “superintendent”) or charter school principal (“principal”) shall provide a copy of th e complaint to each school board member at the next scheduled school board meeting. 4.2 The school board president shall sign a statement that all school board members received a copy of the complaint and the superintendent or principal shall provide a copy of the statement to the parent(s) or legal guardian of the child named in the complaint by certified mail. 5.0 Notice of Due Process Hearing Panel Decision 5.1 Within 7 school days of receiving a due process hearing decision, the superintendent or principal shall provide a copy of the decision to each school board member. 5.2 The superintendent or principal shall send a letter signed by the school board president to the parent or legal guardian of the child named in the hearing decision by certified mail, stating that the members of the school board were provided with a copy of the due process hearing panel decision. 6.0 Notice of Parent Request for Judicial Review of Due Process Hearing Panel Decision 6.1 After receipt of the civil action file d by a parent or legal guardian seeking judicial review of a due process hearing decision pursuant to applicable laws and regulation, the superintendent or principal shall provide each school board member with a copy of the civil action at the next regularly scheduled school board meeting. 6.2 The superintendent or pr incipal shall send a lett er signed by the president of th e school board by certified mail to the parent(s) or legal guardian of the child named in the civil action st ating that the members of the school board were provided with a copy of the civil action. 7.0 School District or Charter School Request for Judicial Review of Due Process Hearing Panel Decision A decision by a reorganized school district or a vocational technical school district or charter school to seek judicial review of a d ue process hearing decision must be made by a majority of school board members. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS PROFESSIONAL STANDARDS BOARD Statutory Authority: 14 Delaware Code, Section 1205(b) (14 Del.C. §1205(b)) 14 DE Admin. Code 1565 PUBLIC NOTICE 1565 World Language Teacher EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL.C. SECTION 122(d) A. TYPE OF REGULATORY ACTION REQUESTED Amendment to Existing Regulation B. SYNOPSIS OF SUBJECT MATTER OF REGULATION The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation 14 DE Admin. Code 1565 World Language Teacher The regulation concerns the requirements for certification of educational personnel, pursuant to 14 Del.C. §1220(a). It is ne cessary to amend this regulation to allow for the certification of American Sign Language and other World Language teachers for whom the typical examination of content knowledge may not be applicable and available. This regulation sets forth the requirements for a World Language Teacher. Persons wishing to present their views regarding this matter may do so in writing by the close of business on Wednesday, March 2, 2011 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this re gulation are available from the above address or may be viewed at the Professional Standards Board Business Office. C. IMPACT CRITERIA 1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement by establishing standards for the issuance of a standard certificate to educators who have acquired the prescribed knowledge, skill and/or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students to help ensure that students are instructed by educators who are highly qualified. 2. Will the amended regulation help ensure that all s tudents receive an equitable education? The amended regulation helps to ensure that all teachers employed to teach students meet high standards and have acquired the prescribed knowledge, skill and/or education to practice in a p articular area, to teach a particular subject or to instruct a particular category of students. 3. Will the amended regulation help to ensure that all students' health and safety are adequately protected? The amended regulation addresses educator certification, not students’ health and safety. 4. Will the amended regulation help to ensure that all student s' legal rights are respected? The amended regulation addresses educator certification, not students’ legal rights. 5. Will the amended regulation preserve the necessary authority and flexibility of decision-makers at the local board and school level? The amend ed regulation will preserve the necessary authority and flexibility of decision makers at the local board and school level. 6. Will the amended regulation place unnec essary reporting or administrative requireme nts or mandates upon decision makersat the local board and school levels? The amended regulation will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. 7. Will decision making authority and accountability for addressing the s ubject to be regulated be placed in the same entity? The decision-making authority and accountability for addressing the subject to be regulated rests with the Professional Standards Board, in collaboration with the Department of Education, and with the consent of the State Board of Education. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational po licies, in p articular to state educational p olicies a ddressing a chievement in the cor e academic subjects of mathematics, science, language arts and social studies? The amended re gulation will be consistent with, an d no t an impediment to, the implementation of ot her state educational po licies, in p articular to st ate educational policies addressing achievement in the core academic subjects of m athematics, science, language arts and social studies. 9. Is there a less bu rdensome method for addressing the purpose of the amended regulation? 14 Del.C. requires that we promulgate this regulation. 10. What is the cost to the state and to the local sc hool boards of compliance with the adopted regulation? There is no additional cost to local school boards for compliance with the regulation. 1565 World Language Teacher 1.0 Content 1.1 This regulation shall apply to the requirements for issuance of a Standard Certificate, pursuant to 14 Del.C. §1220(a), for World L anguage Teacher Com prehensive. This certification is required for (Ggrades K to 12). 1.2 Except as oth erwise p rovided, the re quirements se t forth in 14 DE Ad min. Cod e 15 05 S tandard Certificate, in cluding an y su bsequent a mendment or re vision ther eto, a re in corporated her ein by reference. 2.0 Definitions 2.1 The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “Certification” means the issuance of a cer tificate, which may occur regardless of a recipient's assignment or employment status. “Department” means the Delaware Department of Education. “Educator” means a person licensed and certified by the State under 14 Del.C. §1202 to engage in th e pr actice of instru ction, adm inistration or othe r r elated pr ofessional supp ort ser vices i n Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. The term ‘educator’ does not include substitute teachers. “Examination of Content Knowledge” means a standardized test which measures knowledge in a specific content area, such as PRAXIS™ II. “Fifteen (15) Credits or Their Equivalent in Professional Development” means college credits or an equivalent number of hours, with one (1) credit equating to fifteen (15) hours taken either as part of a deg ree program or apart from it, from a regionally accredited college or university or a professional development provider approved by the employing school district or charter school. “Immorality” means conduct which is inconsistent wit h the ru les an d pr inciples of mo rality expected of an educator and may reasonably be found to impair an educator’s effectiveness by reason of his or her unfitness; “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. “Major or Its Equivalent” means a minimum of thirty (30) semester hours of course work in a particular content area. “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students. “Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS “NASDTEC” me ans The National Asso ciation of St ate Directors of Teacher Edu cation and Certification. T he organization r epresents professional stan dards boa rds, co mmissions and departments of education in all 5 0 states, th e District of Columbia, the Department of Defen se Dependent Schoo ls, the U.S. Ter ritories, Ne w Ze aland, an d British Co lumbia, wh ich are responsible for the preparation, licensure, and discipline of educational personnel. “NCATE” mea ns The Nation al Co uncil fo r Accr editation of Te acher Education, a n ational accrediting b ody for sc hools, co lleges, and d epartments of edu cation a uthorized by the U.S. Department of Education. “Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill, or education to practice in a particular area, teach a particular subject, or teach a category of students. “State Board” means the State Board of Education of the State pursuant to 14 Del.C. §104. “Valid and Curre nt License or Ce rtificate fro m Another State” me ans a curr ent full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state. 2.1 The definitions set fort h in 14 DE Admin. Code 15 05 Sta ndard Ce rtificate, includ ing a ny subsequent amendment or revision thereto, are incorporated herein by reference. 10 DE Reg. 100 (07/01/06) 3.0 Standard Certificate In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a World Language Teacher Comprehensive to an educator who holds a valid Delaware Initial, Continuing, or Advanced License; or Limited Standard, Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, who has met the following requirements: 3.1 Acquired the prescribed know ledge, skill or educ ation to pr actice in a particular area, to teach a particular subject or to instruct a particular category of students by: 3.1.1 Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or 3.1.2 Graduating from an NCATE specialty organization recognized educator preparation program or from a state approved educator preparation program, where the state approval body employed the appropriate NASDTEC o r NCATE specialty or ganization sta ndards, offered b y a regionally accredited colle ge or u niversity, with a m ajor or its eq uivalent in the world lang uage of the Standard Certificate requested; or 3.1.3 Satisfactorily co mpleting th e Al ternative Ro utes for L icensure and C ertification Program, the Special In stitute fo r L icensure a nd Ce rtification, or s uch o ther alternative ed ucator pr eparation programs as the Secretary may approve; or 3.1.4 Holding a bachelor's degree from a regionally accredited college or university in any content area and fo r a pplicants a pplying a fter Jun e 30 , 2006 for the ir first Stand ard Cer tificate, satisfa ctory completion of fifteen (15) credits or their equivalent in professional development related to their area of certification, of which at least six (6) credits or their equivalent must focus on pedagogy, selected by the applicant with the approval of the employing school district or charter school which is submitted to the Department; and 3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Standard Certificate as a World Language Teacher to an educator who has met the following: 3.1.1 Holds a valid Delaw are Initial, Continuing, or Advanced License; or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and, 3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and 3.1.3 Has satisfied the additional requirements in this regulation. 3.2 For applicants applying after December 31, 2005, where a Praxis™ II examination in the area of the Standard Certificate requested is applicable and available, achieving a passing score, as established DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on the examination. 3.2.1 Where no PRAXIS II test is available, nationally recognized equivalent tests, such as the American Council on the Teaching of Foreign Languages (ACTFL) Oral Proficiency Interview and the ACTFL Writing Proficiency Test, may be subs tituted. For tests of l anguages using a Roma n a lphabet, candidates are required to achieve an Advanced Low Level on the oral skills and an Advanced Low Level on the writing skills based on the ACTFL Proficiency Guidelines. For tests of languages using a non-Roman alphabet, an Advanced Low Level on the oral skills and an Intermediate High level on the writing skills based on the ACTFL Proficiency Guidelines are required; and 3.3 Meeting th e requirements for licensure an d h olding a va lid and cu rrent lice nse or certificate fr om another state in a world language; 3.3.1 The Department shall not act on anapplication for certification if the applicant is under official investigation b y a ny st ate or lo cal authority with t he p ower to is sue educator lice nses o r certifications, where the alleged conduct involves allegations of immorality, misconduct in of fice, incompetence, willful neglect of duty, disloyalty or fals ification of credentials, until the applic ant provides evidence of the investigation’s resolution; or 3.4 Meeting the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C. §1203. 9 DE Reg. 558 (10/1/05) 10 DE Reg. 100 (07/01//06) 4.0 Multiple Certificates Additional Requirements Educators may hold certificates in more than one area. 4.1 If an examination of content knowledge such as Praxis II is not applicable and available for the World Language Standard Certificate requested, an educator must also meet the following: 4.1.1 Available ACTFL Tests 4.1.1.1 When the Amer ican Cou ncil on th e T eaching of For eign L anguages ( ACTFL) Ora l Proficiency Interview and the ACTFL W riting Proficienc y Test is av ailable in the W orld Language requested, the applicant shall achieve a passing score on the examination. 4.1.1.2 For purposes of this regulation the following shall be considered a passing score: 4.1.1.2.1 For tests of languages using a Roman alphabet, candidates are required to achieve as a minimum score an Advanced Low Level on the oral skills and an Advanced Low Level on the writing skills based on the ACTFL Proficiency Guidelines. 4.1.1.2.2 For test s of lan guages u sing a non -Roman a lphabet, can didates ar e re quired to1achieve as a minimum score an Advanced Low Lev el on the oral sk ills and an Intermediate High lev el on the writing sk ills based on the ACTFL Proficiency Guidelines. 4.1.2 If ACTFL tests are not available, the educator must meet one of the following: 4.1.2.1 Specialized Education 4.1.2.1.1 The ap plicant sha ll have com pleted fif teen ( 15) cr edits o r the ir eq uivalent in professional development in the area of the World Language requested. 4.1.2.1.1.1 The fifteen (15) credits or their equivalent in professional development in the area of the World Language requested for certification must be selected by the applicant with the assent of the e mploying school district or charter school and subsequently submitted to the Department for final approval. 4.1.2.1.1.2 In the case wherethe educator is seekingcertification independently or there is no e mploying sc hool d istrict or ch arter sc hool, th e De partment sh all r eview the proposed fifteen (15) credits or their equivalent in professional development selected by th e app licant in the a rea o f the World L anguage, for fin al deter mination of acceptance. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 4.1.2.1.1.3 If ap proved by th e De partment, the ed ucator may use p ast cour sework or professional development; or 4.1.2.2 Approved Certification of Content Knowledge 4.1.2.2.1 The applicant has earned an approved certificate in the World Language requested. 4.1.2.2.2 The Standards Board may recognize certificate programs that establish the minimum content knowledge in a World Language. Certificates are approved by the Standards Board in consul tation with the Department and with the co ncurrence of the S tate Board in the same manner as examinations of content knowledge. 4.1.2.2.3 The Dep artment sha ll make publicly availa ble a list o f a pproved W orld La nguage certificates. 10 DE Reg. 100 (07/01/06) 5.0 Application Requirements An applicant for a Standard Certificate shall submit: 5.1 Official transcripts; and 5.2 Official scores on the Praxis II examination if applicable and available; or 5.3 Evidence of p assage o f the Nation al Board for Professional Teaching S tandards C ertificate, if applicable; or 5.4 An official copy of the out of state license or certification, if applicable. 5.5 If ap plied for simu ltaneously with application for an Initial License, the applicant sha ll p rovide a ll required documentation for that application in addition to the documentation cited above. 10 DE Reg. 100 (07/01/06) 6.0 Application Procedures for License Holders If an applicant holds a valid Initial, Continuing, or Advanced Delaware License; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and is requesting additional Standard Certificates, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the additional Standard Certificate requested is required. 10 DE Reg. 100 (07/01/06) 7.0 Effect of Regulation This regulation shall apply to all requests for issuance of a Standard Certificate, except as specifically addressed herein. Educators holding a Professional Status Certificate or a Standard Certificate issued on or before August 31, 2003 shall be issued a Continuing License upon the expiration of their current Professional Status Certificate or Standard Certificate. The Standard Certificate for each area in which they held a Professional Status Certificate or a Standard Certificate shall be listed on the Continuing License or the Advanced License. The Department shall also recognize a Limited Standard Certificate issued prior to August 31, 2003, provided that the educator successfully completes the requirements set forth in the prescription letter received with the Limited Standard Certificate. Requirements must be completed by the expir ation da te of the Limited S tandard Cer tificate, b ut in no case later than December 31, 2008. 10 DE Reg. 100 (07/01/06) 8.0 Validity of a Standard Certificate A Standard Certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the educator’s Initial, Co ntinuing, o r Ad vanced L icense o r Li mited S tandard, S tandard, or Pr ofessional S tatus Certificate is revoked in accordance with 14 DE Admin. Code 1514. An educator whose license or certificate is r evoked is en titled to a full and fair hearing before the Professional Standards Board. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS Hearings sh all b e con ducted i n accor dance with th e S tandards Bo ard’s He aring Pr ocedures an d Rules. 10 DE Reg. 100 (07/01/06) 9.0 Secretary of Education Review The Secre tary o f Edu cation ma y, u pon the wr itten re quest o f the sup erintendent of a loca l school district or charter school administrator or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who othe rwise does no t me et the r equirements for a S tandard Certificate, b ut who se effectiveness is d ocumented by th e lo cal sch ool d istrict o r ch arter school ad ministrator o r other employing authority. 9 DE Reg. 558 (10/1/05) 10 DE Reg. 100 (07/01/06) Renumbered effective 6/1/07 - see Conversion Table DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Chapter 5, §512 (31 Del.C., Ch. 5, §512) PROPOSED DSSM: 3000 Technical Eligibility for Cash Assistance In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 5 12, Delaware Health and Social Services (DHSS) / Division of S ocial S ervices is pr oposing to ame nd po licies in the Division of Social Services Manual (DS SM) regarding Delaware’s Temporary Assistance for Needy Families (TANF) programs, specifically, removing workfare requirements, removing clock extensions, and clearly defining hours for one- and two-parent families. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by Wednesday, March 2, 2011. The action concerning the determination of whether to adopt the pro posed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. SUMMARY OF PROPOSED CHANGES The proposal described below amends policies in the Division of Social Services Manual (DSSM) regarding Delaware’s T emporary Assistance for Needy Fam ilies (T ANF) programs , specifically , removing wo rkfare requirements, removing clock extensions, and clearly defining hours for one- and two-parent families. Statutory Authority • 31 Del.C. §518, Failure to comply with job placement, education, training, work eligibility, parenting or personal responsibility requirements • 31 Del.C. §501, Legislative intent • 31 Del.C. §505(1), Categories of Assistance - Aid to Families with Dependent Children DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS • 31 Del.C. §512(1), Administration Summary of Proposed Changes This rule change removes workfarerequirementsfrom Division of Social Services(DSS) policy.Removing these restrictions to the ty pes of act ivities caretakers can engage in as a re quirement to receive TANF allows activities to be tailored to the needs, strengths, and goals of clients thereby increasing the likelihood of long term self-sufficiency and allowing the program to be more response to the unique needs of each recipient. The rule change also eliminates the separate State program that provided additional months of TANF for those clients who c ontinued to receive T ANF w hile a lso em ployed at lea st 25 ho urs a month. Ane cdotal eviden ce suggests this policy discourages recipients from accepting increased hours or job advancement at higher wages in order to retain benefits. It also advantages larger families. With the TANF caseload growing, it is one chance to reduce th e gr owth rate. Finally, th e p olicy changes clar ify th e expectations an d re quired ho urs of mandatory participants in the TANF employment and training program. The proposed changes affect the following policy sections: DSSM 3002, Time Limit, Temporary Welfare Program DSSM 3002, Two-Parent Families - Time Limit, Temporary Welfare Program DSSM 3002.2, Single Parent / Non-Parent Caretaker Families DSSM 3002.3, Time Limits for Single Parent and Two Parent Families on Assistance Prior To 01/01/2000 DSSM 3002.9, Exceptions to the Time Limit Counter DSSM 3006.1.1, Requiring Participation in Employment and training for One-Parent and single caretaker families DSSM 3006.1.2, Requiring Participation in Employment and training for Two-Parent Families DSSM 3031, Work For Your Welfare DSSM 3031, Hours of Participation – One-Parent Families DSSM 3031.2, Hours of Participation – Two-Parent Families DSSM 3031.3, Reserved DSSM 3031.3.1, Reserved DSSM 3031.3.2, Reserved DSSM 3031.4, Initiating Work for Your Welfare – Two-Parent Families DSS 3031.5, Ending a Work for Welfare Placement *Please Note: Due to th e size of the proposed regulation, it is not being published here. A cop y of the regulation is available at: DSSM: 3000 Technical Eligibility for Cash Assistance DEPARTMENT OF JUSTICE VICTIMS’ COMPENSATION ASSISTANCE PROGRAM ADVISORY COUNCIL Statutory Authority: 11 Delaware Code, Section 9004 (11 Del.C. §9004) 1 DE Admin. Code 301 PUBLIC NOTICE 301 Victims’ Compensation Assistance Program Rules and Regulations Brief Synopsis of the Subject, Substance and Issues The Dep artment of Ju stice V ictims Com pensation As sistance Pro gram pr oposes to add a n ad ditional regulation, 29.0, to section 301 relating to payment of Mental Health claims. VCAP currently reimburses victims DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS who lack other insurance for mental health assessment and counseling services. VCAP is the payer of last resort for these mental health claims. Other health insurance, Medicaid and/or Medicare must pay first, before VCAP pays. This provision is intended to mirror the provisions of recently-enacted Rule 28, covering medical expenses. This regulation would require that VCAP pay all mental health providers at 80% of the usual and customary charge for services. This a mount would be dee med p ayment in full, an d the men tal h ealth pr ovider wou ld b e unable to collect any additional monies from the victim, or from third parties, through “balance billing”. VCAP would pay any co-payment amounts in full, on approved assessment and treatment. Enactment of this regulation would help preserve and extend the Victims Compensation Assistance Program funds and bring VCAP more in line the practices of insurers and other government programs in paying mental health claims. Notice of Public Comment: The D epartment of J ustice V ictims Compensation As sistance Program w ill hold a public he aring on these proposed amendments on Wednesday, February 23, 2011 at 2:00 p.m. at Dover Police Department, 400 S. Queen Street, Dover, DE 19904. Interested persons may submit comments in writing to Barbara Brown, VCAP, 900 King Street, Suite 4, Wilmington Delaware 19801, no later than February 28, 2011. Statements and testimony may be presented either orally or in writing at the public hearing. Prepared by: Barbara Brown 302 255-1770 December 14, 2010 301 Victims’ Compensation Assistance Program Rules and Regulations (Break in Continuity of Sections) 29.0 Payment of Mental Health Claims 29.1 Mental health assessment and counseling expenses shall be paid on behalf of the victim to a qualified mental health practitioner at a rate set by VCAP. If VCAP accepts a claim, the mental health treatment practitioner shall accept the VCAP payment as payment in full, and may not attempt to collect from the victim or third parties any amount exceeding the amount of reimbursement made by VCAP. In the absence of an existing provider agreement, VCAP payments may be accompanied by a notice th at provider acceptance constitutes acknowledgement of payment in full. 29.2 VCAP will pay a mental health provider at the rate of 80% of the usual and customary charge for such services. When a third party h as ma de payment, an d th e victim is re sponsible for a co-payment, VCAP may reimburse for the amount of the co-payment. VCAP may pay a lesser amount if payment under this section would exceed a statutory or regulatory cap. 29.3 If the usual and customary charge cannot readily be established, or in special circumstances, VCAP may, in it s discretion, determine the reasonable charge for the procedure performed or the se rvice rendered. *Please Note: As the res t of th e se ctions we re no t ame nded, t hey are not being pu blished h ere. A complete copy of the proposed regulation is available at: 301 Victims’ Compensation Assistance Program Rules and Regulations DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF SOIL AND WATER CONSERVATION Statutory Authority: 7 Delaware Code, Section 3905 (7 Del.C. §3905) PUBLIC NOTICE 5105 Regulations Governing the Election of Members of County Board of Conservation District Supervisors SAN # 2010 - 20 1. TITLE OF THE REGULATIONS: 7 DE Admin. Code 5105 -Regulations Governing the Election of Members of the County Board of Conservation District Supervisors 2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES: Current regulations contain a discrepancy between voter qualification in Kent and New Castle Counties as compared to voter qualification in Sussex County. In Kent and New Castle Counties, qualified voters must hold title to land in the Specified Board Supervisor area. In Sussex County, qualified voters must hold title to land in Sussex County. This modification would change voter eligibility s tandards in Sussex County to mirror those in Kent and New Castel Counties. 3. POSSIBLE TERMS OF THE AGENCY ACTION: This modification was requested by the Sussex Conservation District Board of Supervisors and the Delaware Association of Conservation District in an effort t to keep Title 7, Chapter 39, consistent and uniform throughout each of Delaware’s three Conservation Districts. 4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT: Title 7, Chapter 39, §3905 5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL: None 6. NOTICE OF PUBLIC COMMENT: Individuals may present their comments or request additional information by contacting Robert Palmer of the District Operations Section, Division of Watershed Stewardship, 89 Kings Highway, Dover, DE 19901, (302) 7399921. A public hearing on thes e proposed amendments will be held on February 24, 2011 at 7:00 P.M. in the DNREC Auditorium, 89 Kings Highw ay, Dover, DE 19901. The record will remain open for written comments until 4:30 PM, March 26, 2011. 7. PREPARED BY: Robert R. Palmer DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 5105 Regulations Governing the Election of Members of County Board of Conservation District Supervisors 1.0 Authority. These regulations are promulgated pursuant to the authority provided by 7 Del.C. §3905. 2.0 Definitions. “Cooperator” means a la ndowner for wh om a district provides, or h as a greed to p rovide, i n accordance with this chapter, services, material and equipment with respect to the landowner’s land within the district; “Farmer” mea ns any pe rson ho lding leg al title to a far m an d be ing active ly e ngaged in far ming operations; “Landowner” or “owner of land” means and includes any person, firm or corporation who shall hold title to any land in this State. 3.0 Eligibility of Candidates 3.1 The elected members of the Kent and Sussex Districts shall be farmers residing in those respective counties. In New Castle Co unty, two ( 2) of the elected supervisors shall be farmers residing in th e southern portion of the County, and the remaining two (2), who shall not be farmers, shall reside in the northern portion of the County, according to a division established by the Secretary of the Department of Natural Resources and Environmental Control, 7 Del.C., Section 3907(b). 3.1.1 The d ivision o f New C astle County esta blished by the Secretary fo r th is purpose is that the northern portion of the county shall include all land north of the Chesapeake and Delaware Canal, and the southern portion shall include all land south of the Canal. 3.2 The Department further requires that a candidate shall reside in a specified section of the Dis trict to provide geographical distribution of supervisors in order to facilitate the performance of their duties. 3.3 The four Supervisor Areas in each county shall be shown on a map prepared by the Board of District Supervisors and approved by the Department. 4.0 Nomination of Candidates 4.1 The County Board of Supervisors may nominate qualified candidates including supervisors who shall be eligible to succeed themselves if otherwise qualified. 4.2 Other nominations may be made provided: (a) each nomination is supported by ten (10) signatures of landowners in th e Co nservation Di strict, an d (b) that th e nom ination with supporting sign atures is presented to the County Board of Supervisors by the deadline set for nominations which shall be at least two weeks in advance of the election date. 4.3 The County Bo ard o f Sup ervisors sh all inv ite othe r nominations th rough press and ra dio news releases at least once in each of the two weeks preceding the deadline for nominations. 5.0 Ballots The County Board of Supervisors shall prepare the ballots for the election after review and acceptance of the nominations. 6.0 Supervision of Polls Each voting place shall be supervised by (a) two members of the County Board of Supervisors other than those that may be candidates for reelection, or (b) two landowners who are cooperators in the soil conservation program and designated by the County Board, or (c) one each from (a) and (b) above. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 7.0 Distributing and Collecting Ballots 7.1 The Supervisors of Polls appointed under V above shall obtain the ballots from the office of the Board of District Supervisors and take them to the designated voting place. 7.2 The Supervisors of Polls shall determine the eligibility of those voting and maintain a roster of names of those voting. 7.3 At the close of the voting period, the Supervisors of Polls shall seal the ballot box and deliver the ballot box and the roster of names of those voting to the County Board of Supervisors. 8.0 Qualification of Voters 8.1.1 In Kent and New Castle Counties, Landowners who shall declare in writing that they hold title to any land in the Supervisor area holding an election shall be eligible to vote. 8.1.2 In Sussex County, landowners who shall declare in writing that they hold title to any land in Sussex County shall be eligible to vote in all Supervisor area elections. 8.2 When land is jointly owned, for example husband and wife, each owner shall be eligible to vote. 8.3 Landowners shall be entitled to only one vote regardless of the number of tracts of land owned. 8.4 In the case of corporations, only one vote may be cast regardless of the number of owners or number of tracts of land owned. 8.5 The written statement indicating ownership by a corporation shall include an affirmation that no other person is voting for the corporation. 9.0 Voting Places There shall be at least (3) but not more than five (5) polling places located within the Supervisor Area holding an election. 10.0 Hours of Voting 10.1 Urban Supervisor Areas – The voting place shall be open between the hours of 2:00 p.m. and 8:00 p.m. 10.2 Farmer Supervisor Areas – The voting place shall be open for a period of not less than six (6) hours, the precise hours to be designated by the Board of District Supervisors and publicized as required in XI below. 11.0 Counting Ballots 11.1 The County Board of Supervisors, in executive se ssion, excluding incumbent supervisor candidates, shall count the ballots cast, check the nu mber of ba llots cast against the number of names on the roster of voters, and determine who has been elected. 11.2 They shall then seal the ballot boxes and forward the ballots and the roster of names for each voting place to the Director of Soil and Water Conservation with a report on the result of the election. 12.0 Notice of Pending Election 12.1 Public notice shall be given at least one (1) week in advance of the election. Such notice shall appear in at least two (2) newspapers distributed in the County. The notice shall include: 12.1.1 the names of the candidates for the County Board of Supervisors; 12.1.2 the date of the election; 12.1.3 the hours the voting places will be open; and 12.1.4 the location of the voting places. 12.2 In addition, posters announcing the coming election shall be displayed at each of the voting places at least one (1) week in advance of the election. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 13.0 Action When Only One Candidate is Nominated In the event that there is only one (1) nomination for a candidate to the Board of District Supervisors after d ue notice h as b een given an d the time fo r n omination has e lapsed, the Boar d of Distri ct Supervisors shall not hold an election, but shall declare the nominee elected, provided he meets all legal requirements. They shall so notify the Director of Soil and Water Conservation and they shall also give public notice of their actions. DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 1100 Board of Dental Examiners Statutory Authority: 24 Delaware Code, Section 1106(a)(1) (24 Del.C. §1106(a)(1) 24 DE. Admin. Code 1100 PUBLIC NOTICE 1100 Board of Dental Examiners The Bo ard of Den tistry an d Den tal Hygien e ( "the Boa rd") in accordance with 2 4 Del.C. § 1106(a)(1) h as proposed am endments to Rule 4 .0 Acu puncture an d Ru le 8. 0 Ce rtificate Requirements. The pr oposed amendments delete existing Rule 4.0 as it is an outdated provision related to acupuncture. The amendments also modify the exam p rovision to reflect th e chan ge from a spe cific scor e to a p ass/fail standard. Th e Boar d is replacing the deleted Rule 4.0 with a new Rule 4.0 that sets for the criteria required for a specialty rotation to satisfy the re quirements o f the g eneral pr actice re sidency r equired b y 24 Del.C. §1 122(a)(3). Fina lly, th e Bo ard is requesting that the Registrar use his editorial powers to change the name of the Board throughout the regulations to r eflect the Board's new nam e. The cha nges a rise as th e re sult of the Boa rd's Sun set review in the la st legislative session. A public hearing will be held on March 24, 2011 at 4:45 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Dentistry an d Dent al Hygie ne, 86 1 Silver Lake Blvd, Cannon Build ing, Suite 20 3, Do ver, DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. 1100 Board of Dental Examiners Dentistry and Dental Hygiene 1.0 Supervision: Definitions - There are 3 recognized levels of supervision: “Dental Technician” - Any person not licensed to practice den tistry in this State, en gaged in the business of constructing, alter ing, re pairing or duplicating full den tures ("plates"), p artial dentures, splints, orthodontic appliances, fixed bridges or any other prosthetic appliances. “Direct Supe rvision” - Th e d entist is present in th e o ffice, p ersonally e xamines the p atient an d specifically authorized the work to be performed. The dentist checks the work before the patient leaves the office. “General Super vision” - A de ntist m ay or may no t be pr esent in the office while the work is performed. The dentist authorizes the work to be performed. Emergency care and consultant services are provided by an "on-call" dentist not present in the treatment facility, if the primary dentist is not present. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS “Indirect Supervision” - A de ntist is pr esent in the office and generally authorizes the work to be performed. The dentist may examine the patient, either before or after work is performed. The dentist is available for consultation during the patient visit. 2.0 Auxiliary Personnel 2.1 Expanded Duties: A legally licensed and registered dentist may delegate to competent dental auxiliary personnel, those procedures for which the dentist exerc ises direct supervision and full responsibility except as follows: 2.1.1 Those procedures w hich require profes sional judgemen t and s kill, such as diagnosis and treatment planning, and the cutting of hard and/or soft tissues, or any intra-oral procedure which would lea d to the fab rication of an a ppliance an d/or re storation wh ich, when r eceived by the patient, would come in d irect contact with ha rd or s oft tiss ue and whic h c ould res ult in tis sue irritation or injury. 2.1.2 Those procedures allocated by the Dental Code to registered dental hygienists. 2.2 Interpretation of Regulation - Competency of the dental auxiliary personnel must be determined by the individual dentist in assign ing specific duties. The dentist is given full responsibility in dec iding the scope of work to be allocated to the auxiliary personnel. 2.3 Training of Aux iliary Person nel - Adequate tr aining of dent al aux iliary pers onnel will be the responsibility of the dentist. 2.4 Assignment of Duties - Follow ing are s ome of the procedures that may be as signed to auxiliary personnel under the conditions and provisions stated above: Take and develop x-rays. This involves placing an x-ray film in the patient's mouth and exposing that film. Give and de monstrate h ome-care pr ocedures to the patien t, in cluding those pro cedures the patient is expected to carry out in preventive care. Placing a rubber dam. Placing cotton rolls. Taking impressions for study models. Removal of excess cements from dental restorations and appliances with hand instruments only. Removal of temporary medicinal fillings or packs under direct orders of the dentist. 2.5 Responsibilities - In summary, the Dental Board places full responsibility for the work done by auxiliary personnel directly upon the dentist. Violations of the regulations will be subject to penalties as spelled out in 24 Del.C. §1131(5). 3.0 Prescriptions to Dental Technicians 3.1 Written Prescriptions - Any dentist who uses the services of a d ental technician in this State shall furnish him/her with a written prescription, which shall contain: 3.1.1 the name and address of the technician, 3.1.2 the patient's name and/or identification number, 3.1.3 the date on which the prescription was written, 3.1.4 a prescription of the work to be done, 3.1.5 specification of the type and quality of materials to be used and 3.1.6 signature of the dentist and his/her license number. 3.2 Record of Prescriptions - The dentist shall retain a duplicate copy thereof for inspection by the Board or its agent for a period of two years of the original. 3.3 The Dental Technician as an Auxiliary - Dentists employing a dental technician as an auxiliary within the confines of his/her office, may elect to maintain the required date of the prescription as an entry on the patient's record, in lieu of duplicating the prescription form to the technician. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 4.0 Acupuncture Qualifications of Applicant; Residency Requirements [24 Del.C. §1122(a)(3)] - is considered to be an experimental procedure to be researched by qualified investigators, only in institutions ha ving a co mmittee on human research, and only on p atients wh o have given written informed consent. 4.1 An applicant for licensure as a dentist must have completed 1 year as a dental intern within a general practice residency accredited by the Commission on Dental Accreditation (CODA). 4.2 An applicant who has completed a CODA approved spec ialty residency of 4 years or more w ill be deemed to have satisfied the general practice residency requirement. 4.3 An applicant who has comp leted a CODA approved specialty residency of less t han 4 years must demonstrate that the specialty residency program meets the following criteria: 4.3.1 The p rogram mu st me et the g oals, ob jectives, proficiencies an d c ompetencies se t f orth in Standard 2.4 of the CODA Accreditation Standards for Advanced Education Programs in General Practice Residency, ©2007. 4.3.2 The program must include a rotation of at least 70 hours in anesthesia and a rotation of at least 70 hours in medicine. 4.4 An applicant for licen sure by r eciprocity who h as h ad at lea st 3 yea rs of a ctive dental p ractice in another state or territory of the United States is not required to provide evidence of a general practice or specialty residency. 5.0 Supervision 5.1 Conditions Applicable to General Supervision - A licensed dental hygienist, by virtue of having passed a licensure examination and being duly licensed by the State, is capable of performing those services allowed by law under supervision, the following conditions shall exist: 5.2 Advance Notice to Patient - The patient is notified, as soon as it is known, that the dentist will not be present, and is given the option to reschedule to a time when the dentist will be present in the office. 5.3 Dentist Review of Records - The dentist shall review the treatment records of each patient prior to and following the patient treatment. 5.4 Patient Contraindications - Pati ents for w hom it is medically or dentally contraindicated, will not be scheduled when the dentist is not present. 5.5 Office Requirements - A second office employee shall be present in the treatment facility at all times when patient care is performed. This is both for safety and security reasons. 5.6 Practice in a Public H ealth Institu tion - A licensed den tal hygie nist, per 24 Del.C. §1157(c), m ay operate under the general direction of a dentist in an institution, provided that all of the conditions of general supervision are met. 6.0 Continuing Professional Education -Dentists All persons licensed to practice dentistry in the State of Delaware shall be required to acquire 50 hours of continuing professional education (CPE) cre dit and to successfully complete a cu rrent course in cardiopulmonary resuscitation (CPR) every two (2) years. The CPR course must encompass hands on clinical participation. On-line courses will not be accepted to satisfy the CPR requirement. Examples of acceptable courses include, but are not limited to, courses offered by the American Red Cross and the American Heart Association. All dentists, upon initial lic ensure in Delaware and prio r to registration renewal, shall be given a written notice of these CPE requirements. 6.1 Proof of successful completion of the requisite CPE credits is required for registration renewal every two years. 6.2 Said CPE requirements shall become effective May 1, 1988. Proof of CPE credits must be submitted by March 1 of every two (2) even years. 6.3 It shall be the responsibility of the c andidate for re-licensure to submit to the B oard of Dental Examiners Dentistry and Dental Hygiene, evidence of his/her compliance with these requirements. The Division of Professional Regulation shall notify the candidate at least 30 days in advance of the DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS need to renew his/her license, and shall request that the candidate submit evidence of compliance with the CPE requirements stated herein, along with other fees and documents required. However, failure to be notified by such agency shall not relieve the licensee of this obligation. 6.4 Not more than ten (10) hours of the fifty (50) hour biennial CPE requirement may be satisfied by self- study without testing from sources approved by the Board which shall include but not be limited to: 6.4.1 Reading dental textbooks 6.4.2 Reading dental tape journals 6.4.3 Viewing and listening to dental audio-visual materials. 6.5 CPE credits may be granted upon proof of successful completion of: 6.5.1 Scientific CPE pr ograms or courses an d/or the scien tific session s of m eetings spo nsored or approved by: 6.5.1.1 American Dental Association, its constituents and components 6.5.1.2 American Dental Hygienists’ Association, its constituents and components 6.5.1.3 American Dental Assisting Association, its constituents and components 6.5.1.4 Recognized n ational, r egional, s tate and local dental and dental hygien e specialty organizations 6.5.1.5 Recognized dental and dental hygiene study clubs 6.5.1.6 Accredited dental and dental hygiene CPE programs offered by dental and dental hygiene schools. 6.5.1.7 Approved hospital programs. 6.5.1.8 Such other organizations and associations as may be approved by the Board. 6.5.2 In addition to the maximum of ten (10 hours of the CPE requirement which may be satisfied by self-study without tes ting and ce rtification, a maximu m of twe nty ( 20) hours of th e to tal CPE requirements may be fulfilled by self-study with test and certificate of completion from bona fide dental educational sources including but not limited to: 6.5.2.1 Dental journals 6.5.2.2 Dental textbooks 6.5.2.3 Dental video and audio tape presentations 6.5.2.4 Dental mail-in courses 6.5.2.5 Dental courses presented on the Internet 6.5.2.6 Dental lecture s and cour ses pr esented vi a electronic me dia including co mputer d isks where CPE credits are not specified, one (1) hour of credit will be given for each hour of scientific session attended. 6.6 Special Provisions 6.6.1 A de ntist, emp loyed a s a faculty mem ber in a r ecognized schoo l of dentistry, dental hygien e, dental assisting or any dentally-related field will be allowed not more than ten (10) hours credit for teaching per year. 6.6.2 A d entist pr esenting a CPE cour se sha ll be allo wed the h ours invo lved in pr eparation and presentation on a one-time-per-course basis for a maximum of ten (10) hours for the two-year period. 6.6.3 Table Clinics will be allowed, one (1) hour of credit per hour of presentation for a maximum of two (2) hours. 6.6.4 Twelve (12) hours of cred it shall be al lowed for a scien tific article published in a component or state society jou rnal. 25 ho urs of cr edit shall be a llowed for a scientific ar ticle published in a national journal or for a published scientific textbook or a chapter therein. 6.6.5 Any public health de ntally-related presentation will be allow ed one (1) hour of credit per hour of participation for a maximum of two (2) hours for the two year period. 6.6.6 Practice management or personal self-improvement courses shall be limited to a total of ten (10) hours for the two (2) year period. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 6.6.7 The Board reserves the right to approve any and all activities deemed appropriate for CPE credit. The Board also reserves the right and is the final word to disapprove any activities submitted for credit which it deems inappropriate. 6.6.8 All de ntists lice nsed to pr actice in De laware sha ll be given wr itten no tice of th ese CPE requirements when receiving their initial license. 6.6.9 For existing holders of an Unrestricted Permit for anesthesia, at least twelve (12) hours of th e required CPE credits must be taken on an Anesthesia topic by th e end of the six (6) year reevaluation period (i.e. by the end of the third biennial licensure renewal period). 6.6.10 For existing holders of a Restricted I Permit, at least six (6) hours of the required CPE credits must be taken on an Anesthesia topic by the end of the six (6) year re-evaluation period (i.e. by the end of the third biennial license renewal period). 6.7 Exceptions 6.7.1 An ex ception will be granted to any dentist who can demonstrat e to the Board an acceptable cause as to why he/she should be relieved of this obligation. Ex emptions will be granted only in unusual or extrao rdinary circumstan ces. Lice nsees mu st p etition the Boar d for exem ptions. Should the Board deny the request, the licensee must complete the requirements. Examples of circumstances for which the B oard might grant exemptions include prolonged illness, ex tended absence from the country, or the like. 6.7.2 An indiv idual initially licensed by the Board within the last 2 ye ars sha ll me et the followin g schedule of reporting CPE credits for license renewal: 6.7.2.1 If, as of March 1st of the year for license renewal, the licensee has been licensed for less than 1 year, zero hours of CPE is required for license renewal; for licensees who are 1 or more but less than 2 years from their initial licensure, one-half of the required CPE must be pr esented; for in dividuals 2 yea rs or mo re from their initial licensure, the full CPE requirement must be presented for renewal. 6.8 Failure to Comply When the Board deems someone to be deficient in CPE requirements, the following procedure shall be followed: 6.8.1 The licensee for renewal shall be notified by the Division of Professional Regulation ("Division") by certified mail that a deficiency exists. The deficiency shall be specifically described by the Division. 6.8.2 The lic ensee's registration w ill not be renewed until he/she submits pr oof that the des cribed deficiency h as be en co rrected. Up on su bmission of sat isfactory pr oof o f co rrection o f sa id deficiency, the licensee shall be eligible for registration renewal. 6.9 Continuing Professional Education (CPE) - Dental Hygienists All persons licensed to practice dental hygiene in the State of Delaware shall be required to acquire twenty-four (24) hours of CPE credit and successfully complete a current course in cardiopulmonary resuscitation (C PR) every two (2) years. The CPR course must encom pass han ds on clin ical participation. On-line c ourses w ill not be accept ed to satisfy the C PR r equirement. Examples of acceptable courses include, but are not limited to, courses offered by the American Red Cross and the American He art Ass ociation. All Dental hygienists, upon initia l licen sure an d p rior to re gistration renewal, shall be given written notice of these CPE requirements. 6.9.1 Proof of successful completion of th e requisite CPE credits is required for registration renewal every two (2) years. 6.9.2 Said CPE re quirements shall b ecome e ffective May 1, 19 88. Pr oof of CPE cr edits must be submitted by March 1st of every two (2) even years. 6.9.3 It shall be the responsibility of the candidate for re-licensure to submit to the Board of Dental Examiners, Dentistry and Dental Hygiene evidence of his/her compliance with these requirements. The Division of Professional Regulation shall notify the candidate at least 30 days in advance of the need to r enew hi s/her license, and shall re quest th at the ca ndidate subm it evide nce of compliance with the CPE re quirements state herein, alon g with other fe es and docum ents DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS required. However, fail ure to be notified by such ag ency s hall not r elieve th e license e of this obligation. 6.9.4 CPE credits may be granted upon proof of successful completion of programs including, but not limited to, the following categories: 6.9.4.1 Scientific CPE programs or courses and/or scientific sessions of meetings sponsored or approved by: 6.9.4.1.1 American Dental Hygienists Association, its constituents and components 6.9.4.1.2 American Dental Association, its constituents and components 6.9.4.1.3 American Dental Assisting Association, its constituents, and components 6.9.4.1.4 Recognized national, regional, state, and local de ntal and dental hygiene specialty societies 6.9.4.1.5 Recognized dental and dental hygiene study clubs 6.9.4.1.6 Accredited dental and dental hygiene schools 6.9.4.1.7 Approved hospital programs 6.9.4.1.8 Such other organizations and associations as may be approved by the Board 6.9.4.2 A maximum of five (5) hours of the total twenty-four (24) hour requirement may be satisfied by self-study without testing from sources approved by the Board which shall include but not be limited to: 6.9.4.2.1 Reading of dental or dental hygiene journals 6.9.4.2.2 Reading dental or dental hygiene textbooks 6.9.4.2.3 Viewing and listening to dental or dental hygiene audio-visual materials 6.9.4.3 In addition to the maximum of five (5) hours which may be satisfied by self-study without testing, a maximum of ten (10) hours of the total twenty-four (24) hour requirement may be fulfilled by self-study with test and certificate of completion from bona fide dental hygiene educational sources including but not limited to: 6.9.4.3.1 Dental or dental hygiene journals 6.9.4.3.2 Dental or dental hygiene textbooks 6.9.4.3.3 Dental or dental hygiene video and audio tape presentations 6.9.4.3.4 Dental or dental hygiene mail-in courses 6.9.4.3.5 Dental or dental hygiene courses presented on the Internet 6.9.4.3.6 Dental or de ntal hy giene lectures and co urses presented via electro nic media including computer disks Where CPE credits are not specified, one (1) hour of CPE credit will be given for each hour of scientific session attended. The final approval of accep table dental hygiene CPE cr edits shall be made by the Board of De ntal Examiners Den tistry an d De ntal Hygiene in co nsultation wi th the Dental Hygiene Advisory Committee. 6.10 Special Provisions 6.10.1 A d ental hygienist, em ployed as a faculty member in a re cognized scho ol of d entistry, dental hygiene or dental ass isting, will be allowed not more than five (5) hours credit for teac hing per year. 6.10.2 A dental hygienist presenting a CPE course shall be allowed the hours involved in preparation and presentation on a one-time-per-course basis for a maximum of five (5) credits for the two-year period. 6.10.3 Table clinics will be allowed one (1) hour of credit per hour of presentation for a maximum of two (2) hours. 6.10.4 Twelve (12) hours of cre dit shall be g ranted for a scientific article published in a com ponent or state society journal. Twelve (12) hours of credit shall be allowed for a scientific article published in a national journal or for a published scientific textbook or a chapter therein. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 6.10.5 A dental hygienist giving public education instruction in a schoo l will receive credit up to one (1) hour per year. 6.10.6 Practice management or personal self-improvement courses shall be limited to five (5) hours for the two (2) year period. 6.10.6.1 Practice management, personal self-improvement and computer courses shall be limited to 2.5 hours a year for a total of five(5) hours for the two year period. 6.10.7 The Board reserves the right to approve any and all activities deemed appropriate for CPE credit. The Board also reserves the right and is the final word to disapprove any activities submitted for credit which it deems inappropriate. 6.10.8 All dental hygienists licensed to practice in Delaware shall be given written notice of these CPE requirements when receiving their initial license. 6.11 Exceptions 6.11.1 An exception will be granted to any dental hy gienist who ca n demonstrate to the Board an acceptable cause as to why he/she should be relieved of this obligation. Ex emptions will be granted on ly in unusual or extraordinary circum stances. L icensees m ust petition th e Bo ard for exemptions. Should the Boa rd deny the re quest, the licensee must complete the requirements. Examples of circumstances for which the Board might grant exemptions include prolonged illness, extended absence from the country, or the like. 6.11.2 An indiv idual initially licensed by the B oard within the last 2 ye ars shall meet the following schedule of reporting CPE credits for license renewal: 6.11.2.1 If, as of March 1st of the year for license renewal, the licensee has been licensed for less than 1 year, zero hours of CPE is required for license renewal; for licensees who are 1 or more but less than 2 years from their initial licensure, one-half of the required CPE must be pr esented; for in dividuals 2 yea rs or mo re from their initial licensure, the full CPE requirement must be presented for renewal. 6.12 Failure to Comply When the Board deems someone to be deficient in CPE requirements, the following procedure shall be followed: 6.12.1 The li censee for registration r enewal sha ll be notified by the Division by certified mail that a deficiency exists. The deficiency shall be specifically described by the Division. 6.12.2 The lic ensee's registration will not be renewed until he/she submits proof that the des cribed deficiency has been corrected. Upon submission of satisfactory proof of correcting said deficiency, a licensee shall be eligible for registration renewal. 5 DE Reg. 1251 (12/01/01) 9 DE Reg. 1583 (04/01/06) 7.0 Anesthesia Regulations: 7.1 Definitions: The following definitions are taken from the Guidelines for Teaching the Comprehensive Control of Pain and An xiety in Den tistry, Ame rican Den tal Association, Council on De ntal Education (July 1993). These terms refer to the extent of a drug’s depressant effect upon the central nervous system and should not be confused with the route by which the drug is administered. 7.1.1 Analgesia -- the diminution or elimination of pain in the conscious patient. 7.1.2 Local Anesthesia -- the elimination of sensations, especially pain, in one part of the body by the topical application or regional injection of a drug. 7.1.3 Conscious Se dation --a m inimally de pressed level of con sciousness th at re tains t he pa tient’s ability to independently and continuously maintain an airway and respond appropriately to physical stimulation and verbal command and that is produced by a pharmacologic or non-pharmacologic method or a combination thereof. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS In accord wit h t his definition , the conscious patie nt is also defined as “o ne who has intact protective reflexes, inc luding th e ability to maintain an airw ay, and who is c apable of rational response to qu estion or comm and.” The drugs and tech niques u sed should car ry a m argin of safety wide enough to render unintended loss of consciousness unlikely. For pu rposes of these re gulations, Conscious Se dation Per mits sha ll be divide d into two classifications: Restricted Permit I -- Conscious Sedation induced by parenteral or enteral or rectal routes. This is not to include the usual and customary pre-operative oral sedation. Restricted Permit II -- Conscious Sedation induced by nitrous oxide inhalation. 7.1.4 Deep Sedation -- is a controlled state of depressed consciousness accompanied by partial loss of protective reflexes, including the inability to continually maintain an airway independently and/or to respond p urposefully to ver bal co mmand, an d is pr oduced by a pharmacologic o r n onpharmacologic method or combination thereof. 7.1.5 General Anesthesia -- is a con trolled sta te of un consciousness accomp anied by pa rtial or complete loss of protective reflexes, including inabilit y to independently main tain an airway and respond pur posefully to physica l stimulation or verbal command, a nd is pr oduced by a pharmacologic or non-pharmacologic method or a combination thereof. The same level of advanced training is necessary for the administration of both Deep Sedation and General Anesthesia. 7.1.6 Adverse Occurrences -- any mortality or other incident occurring in the out-patient facilities of such dentist which results in temporary or permanent physical or mental injury requiring hospitalization of said patient during, or as a direct result of, the conscious sedation, or deep sedation, or general anesthesia related thereto. 7.2 Conscious Sedation: 7.2.1 No dentist shall employ or use Conscious Sedation, Restricted Permit I or Restricted Permit II, for dental patients unless such dentist possesses a permit of authorization issued by the Delaware State Board of Dental Examiners Dentistry and Dental Hygiene. The dentist holding such a permit shall be subject to review and such permit must be renewed biennially. 7.2.2 In order to receive such a permit, the dentist shall produce evidence showing that he or she: 7.2.2.1 For Restricted Permit I Conscious Sedation: 7.2.2.1.1 Has co mpleted a m inimum o f 6 0 h ours of in struction, includ ing man agement of at least 20 patients per participant (to achieve competency in this technique). 7.2.2.1.2 Must be certified in CPR as documented by the American Heart Association or the American Red Cross. Advanced Cardiac Life Support Certification is encouraged. 7.2.2.1.3 Must also have a properly equipped facility for the administration of Restricted Permit I Conscious Sedation, staffed with a supervised team of auxiliary personnel capable of reasonably ha ndling pro cedures, problems an d emergencies incident th ereto. Adequacy of the fac ility and competenc e of the team is to be determined by the Anesthesia Advisory Consultants appointed by the Board. A certified registered nurse anesthetist may be utilized for Restricted Permit I C onscious Sedation only if the dentist also possesses such a permit. 7.2.3 A list of emergency drugs and equipment that should be on hand would consist of the following: 7.2.3.1 Agents capable of treating: 7.2.3.1.1 hypotension and bradycardia 7.2.3.1.2 allergy/bronchospasm 7.2.3.1.3 seizures 7.2.3.1.4 narcotic-induced respiratory depression (e.g., narcotic antagonists) 7.2.3.1.5 angina pectoris 7.2.3.1.6 adrenal insufficiency (e.g., steroids) 7.2.3.1.7 nausea DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 7.2.3.2 Equipment necessary to provide artificial respiration and assist in airway maintenance. 7.2.3.3 Equipment necessary to establish an intravenous infusion and to inject medications. 7.2.4 For Restricted Permit II Conscious Sedation: 7.2.4.1 Has completed a m inimum o f 1 4 in structional ho urs in cluding su pervised clinical experience in managing patients (in a course required to achieve competency in nitrous oxide inhalation sedation). 7.2.4.2 Must also show certification in cardio-pulmonary resuscitation as certified by the American Heart Association or the American Red Cross. 7.3 Deep Sedation and General Anesthesia (Unrestricted Permit): 7.3.1 No dentist shall employ or use deep sedation or general anesthesia for his/her dental patients unless such dentist possesses a permit of authorization issued from the Delaware State Board of Dental Examiners Dentistry and Dental Hygiene. This permit also includes all Conscious Sedation techniques. The dentist holding such a permit shall be subject to review and such permit must be renewed biennially. 7.3.2 In order to receive such a permit, the dentist must produce evidence showing that he/she: 7.3.2.1 Has completed a mi nimum o f two ye ars of advanced training in a nesthesiology and related acade mic su bjects (o r it s equivalent) beyond th e un dergraduate de ntal school level in a training pr ogram a s described in Part II of the Guide lines for Teaching th e Comprehensive Control of Pain and Anxiety in Dentistry or, is a Diplomat of the American Board of Oral and Maxillofac ial Surgeons, or has satisfactorily completed a residency in Oral and Maxillofacial Surger y at an institution approved by the C ouncil of Dent al Education, American Dental Association, or is a fellow of the American Dental Society of Anesthesiology, or employs or works in conjunction with a trained M.D. or D.O. who is a member of t he an esthesiology st aff o f an ac credited h ospital, p rovided th at s uch anesthesiologist must remain on the premises of the dental facility until any patient given a general anesthetic or deep sedation regains consciousness. A certified registered nurse anesthetist may be utilized for deep sedation or general anesthesia only if the dentist also possesses an Unrestricted Permit. 7.3.2.2 Has a properly equipped facility for the administrati on of deep sedation and general anesthesia, staffed with a supervised team of auxiliary personnel capable of reasonably handling procedures, problems and emergencies incident thereto. Adequacy of the facility and com petence of the a nesthesia team is d etermined by the Anesthesia Ad visory Committee Consultants appointed by Delaware State Board of Dental Examiners Dentistry and Dental Hygiene. 7.3.2.3 And is certified in Advanced Cardiac Life Support by the American Heart Association. 7.4 Facility and Staff Requirements: 7.4.1 Inspections: Prior to the issuance of a permit for Restricted Permit I (parenteral, enteral, or rectal Conscious Sedation) or an Unrestricted Permit (Deep Sedation or General Anesthesia), the Board shall require an on site inspection of the facility, equipment and personnel to determine if, in fact, the aforementioned requirements have been met. The evaluation shall be carried out in a manner described by th e Boar d. The evaluation sh all be carried ou t by the Ane sthesia Ad visory Consultants appointed by the Board. Each office that the dentist utilizes for Res tricted Permit I Conscious Sedation or Deep Sedation or General Anesthesia requires individual inspection and must meet the requirements of that permit for which the dentist is applying. 7.4.2 Anesthesia Advisory Consultants: 7.4.2.1 The Board of D ental E xaminers Dentistry an d Den tal Hygien e sha ll ap point a team of Advisory Consultants and alternates who will visit the facility concurrently to conduct the on-site inspection and evaluation of the facilities, equipment and personnel of a licensed dentist applying for written authorization to administer or to employ another to administer Restricted Per mit I Consciou s Sed ation, or Deep Sed ation or Ge neral Ane sthesia (Unrestricted Permit). The Advisory Consultants shall also aid the Board in the adoption of DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS criteria and standards relative to the regulation and control of Conscious Sedation, Deep Sedation and General Anesthesia. The Anesthesia Advisory Consultants shall utilize the “Guidelines for the use of conscious sedation, deep sedation and general anesthesia for Dentist”, as approved by the American Dental Association in October 1996, or any current update th ereof. If th e ap plicant h as bee n sa tisfactorily evaluated by an other similar organization (e.g., the Delawa re Society of Oral and Max illofacial Surgeons which uses the AAOMS Office Anesthesia Evaluation Manual Standards), then the Board may accept this evaluation and not require additional on-site evaluation. 7.4.2.2 If th e r esults of t he init ial evalu ation of an ap plicant a re dee med un satisfactory, u pon written request of the applicant, a second evaluation shall be co nducted by a different team of consultants. 7.4.3 Re-evaluation: The Board may at any time re-evaluate credentials, facilities, equipment, personnel and procedures of a licensed dentist who has previously received a written authorization or permit from the Board to determine if he/she is still qualified to have such written authorization. If the Board determines that the licensed dentist is no longer qualified to have such written authorization, it may revoke or refuse to renew such authorization, after an opportunity for a hearing is given to the licensed dentist. 7.5 Report of Adverse Occurrences: 7.5.1 All licensed dentists engaged in the practice of dentistry in the State of Delaware must submit a complete re port within a pe riod of thir ty (30 ) da ys to the Delaware State Boar d of Dental Examiners Dentistry and Dental Hygiene of any mortality or other incident occurring in the ou t- patient facilities of such dentist which results in temporary or permanent physical or mental injury requiring hospitalization of said patient during, or as a direct result of, the Conscious Sedation or Deep Sedation or General Anesthesia related thereto. 7.5.2 Failure to comply with this rule when said occurrence is related to the use of Conscious Sedation or Deep Sedation or General Anesthesia may result in the loss of such permit described above, and will be considered unprofessional conduct. 7.6 Applications and Reapplications: 7.6.1 A dentist who de sires to ob tain a pe rmit to administer Conscious Sedation, Deep Sedation, or General Anesthesia shall submit an application on the form provided by the Board, pay the permit fee, and meet the requirements for the permit described herein. 7.6.2 A dentist who desires to renew a permit shall submit a renewal application on the form provided by the Board and pay the permit renewal fee. Re-inspection of the facility, equipment, and staff shall not be necessary unless new techniques or criteria arise, as determined by the Board with the aid of the Anesthesia Advisory Committee. 7.6.3 A permit issued by the Board under these regulations will expire at the same time as the permit holder’s dental license and may be renewed biennially at the same time as the dental license is renewed. 1 DE Reg. 852 8.0 Certificate Requirement [24 Del.C. §1122(a)(4)] An applicant for a licen se to practice dentistry shall submit to the Board a Certificate issued by the National Bo ard of De ntal Ex aminers De ntistry and Den tal Hyg iene sh owing he/she ha s completed achieved a passing score on the National Board Examination. with a score of at least 80 on each of Part I and Part 2 of the Examination. (2/13/97). 9.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals 9.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Pr ofessional Regu lation or his/her de signate of the re port. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 9.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of re ceipt of th e report, contact the in dividual in qu estion and inform him/her in writin g of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option. 9.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary dr ug a nd alcohol scr eening a nd e valuation at a spe cified lab oratory or he alth car e facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s). 9.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice th e p articipating Board ch airperson or t hat chair person's designate or design ates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board. 9.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to com ply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Boar d cha irperson or that chairperson's de signate or d esignates shall cause to b e activated an imm ediate in vestigation and in stitution of disciplinary pr oceedings, if ap propriate, as outlined in section 9.8. 9.6 The Voluntary Treatment Option may re quire a r egulated professional to enter into an a greement which includes, but is not limited to, the following provisions: 9.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board a pproval sh all no t r equire th at th e r egulated pr ofessional be id entified to th e Bo ard. Treatment an d evalu ation fu nctions m ust b e performed by se parate a gencies to as sure an unbiased assessment of the regulated professional's progress. 9.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Dire ctor of the Division of Professional Regulation or his/her designate at su ch inter vals as required b y the chairperson o f the par ticipating Bo ard or th at chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable w hen such reports are made in good faith and without malice. 9.6.3 Consent of the regulated professional, in accordance with app licable law, to the r elease of any treatment information from anyone within the approved treatment program. 9.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with th e Voluntary Treatment Op tion an d tre atment pr ogram(s). In ad dition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its ser vices on behalf of the Boa rd in ad dition to the administrative costs associated with the Voluntary Treatment Option. 9.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program sh all be reported to th e pa rticipating Board's ch airperson o r his/her design ate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS treating professional who shall be immune from any liability for such reporting made in good faith and without malice. 9.6.6 Compliance by th e regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option. 9.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue. 9.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety. 9.9 If practice is restricted, th e re gulated p rofessional ma y apply fo r unrestricted lice nsure upon completion of the program. 9.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall d isqualify the regulated professional from the provisions of th e Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate. 9.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter. 9.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed. 10.0 Eligibility to Take the Practical (Clinical) Examination Authority: Pursuant to Title 24, Section 1106(a)(1), The Board of Dental Examiners Dentistry and Dental Hygiene is empowered to formulate rules and regulations to implement or clarify Chapter 11 relating to dentistry and dental hygiene. Purpose: This regulation clarifies eligibility to t ake the prac tical (c linical) ex amination in dentistry and dent al hygiene administered by the Board. 10.1 No person shall be eligible to take the practical (clinical) examination in dentistry administered by the Delaware Board of Dental Examiners Dentistry and Dental Hygiene unless the applicant has received a degree in dentistry from an accredited dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association. 10.2 No person shall be eligible to take the practical (clinical) examination in dental hygiene administered by the Delaware Boar d of Dent al Exa miners De ntistry a nd Den tal Hyg iene unle ss the a pplicant has graduated fro m a dental h ygiene colleg e o r u niversity pr ogram accre dited b y th e Com mission on Dental Accreditation of the American Dental Association of at least 2 academic years’ duration or has graduated, prior to 1953, from a dental hygiene program of at least 1 year’s duration which program had been approved by the Board at the time of the person’s graduation. 10.3 The Board reserves the right to waive the requirement set forth above in sections 10.1 and 10.2 if the Applicant can establish to the satisfaction of the Board’s Credentialing Committee that he or she is a student in good st anding in an educational facility ac credited by the Commis sion on Dent al Accreditation of the Amer ican Dent al Association and w ill gradua te w ithin six ty (60) days of the administration of the practical (clinical) examination with a degree in dentistry or dental hygiene. 9 DE Reg. 77 (7/1/05) DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 11.0 Crimes Substantially Related to the Practice of Dentistry and Dental Hygiene. Authority: Pursuant to 74 Del. Laws. c.262, (Senate Bill N o. 229 of th e 142nd General As sembly, 2004, as amended), the Boa rd was directed to pr omulgate regulations spec ifically id entifying those cr imes which are substantially related to the practice of dentistry and dental hygiene. Purpose: The Board of Dental Examiners Dentistry and Dental Hygiene believes that the State of Delaware has a compelling public policy interest in ensuring that its licensed professionals not only have specified levels of educational and professional competence but also possess sufficient character and judgment necessary to practice safely in their chosen fields and to do so in a manner which will not undermine the community’s confidence in the e xpertise and professionalism of the members of the profession. Licensed professionals, particularly those in health care related fields, often come into contact with clients and patients and other members of the p ublic at tim es when they may be sick, infirme d or otherwise extremely vulnerable to undue influence or other forms of misuse, fr aud and abuse. It is therefore cr itical th at all reasonable st eps ar e t aken to determine, to the ex tent p ossible, th at the regulation of su ch pr ofessionals t akes into co nsideration no t on ly the in dividual’s techn ical competence but his or her demonstrated propensity to behave in a way that does not expose the client population to risk or dimin ish legi timate expe ctations of h onest an d h onorable b ehavior by su ch licensed health care professionals. Therefore, the Board finds that for purposes of licensing, renewal, reinstatement and discipline, the conviction of any of the following crimes, or of the attempt to commit or a conspiracy to commit or conceal the following crimes or substantially similar crimes in another state o r ju risdiction, is d eemed to be su bstantially r elated to the pr actice of Dentistr y an d Dent al Hygiene in the State of Delaware without regard to the place of conviction: Definitions. “Conviction”, unless otherwise defined by specific st atute, means a ver dict of gu ilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the individual has been discharged under §4218 of Title 11 of the Delaware Code (probation before judgment) or under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 (first offenders controlled substances diversion program). “Substantially similar crimes in another state or jurisdiction” includes all crimes prohibited by or punishable under Title 18 of the United Stated Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses. 11.1 Any crime which involves the use of physical force or violence toward or upon the person of another and shall include by way of example and not of limitation the following crimes set forth in Title 11 of the Delaware Code Annotated: Assaults and Related Offenses 11.1.1 §601. Offensive touching; 11.1.2 §602. Menacing; 11.1.3 §603. Reckless endangering in the second degree; 11.1.4 §604. Reckless endangering in the first degree; 11.1.5 §605. Abuse of a pregnant female in the second degree; 11.1.6 §606. Abuse of a pregnant female in the first degree; 11.1.7 §611. Assault in the third degree; 11.1.8 §612. Assault in the second degree; 11.1.9. §613. Assault in the first degree; 11.1.10 §614. Assault on a sports official; 11.1.11 §615. Assault by abuse or neglect; 11.1.12 §616. Gang Participation; 11.1.13 §621. Terroristic threatening; 11.1.14 §622. Hoax devices DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 11.1.15 §625. Unlawfully administering drugs; 11.1.16 §626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; 11.1.17 §627. Prohibited acts as to substances releasing vapors or fumes; 11.1.18 §628. Vehicular assault in the second degree; 11.1.19 §629. Vehicular assault in the first degree; 11.1.20 §630. Vehicular homicide in the second degree; 11.1.21 §630A. Vehicular homicide in the first degree; 11.1.22 §631. Criminally negligent homicide; 11.1.23 §632. Manslaughter; 11.1.24 §633. Murder by abuse or neglect in the second degree; 11.1.25 §634. Murder by abuse or neglect in the first degree; 11.1.26 §635. Murder in the second degree; 11.1.27 §636. Murder in the first degree; 11.1.28 §645. Promoting suicide; Abortion and Related Offenses 11.1.29 §651. Abortion; 11.1.30 §653. Issuing abortional articles; Sexual Offenses 11.1.31 §763. Sexual harassment; 11.1.32 §764. Indecent exposure in the second degree; 11.1.33.§765. Indecent exposure in the first degree; 11.1.34 §766. Incest; 11.1.35 §767. Unlawful sexual contact in the third degree; 11.1.36 §768. Unlawful sexual contact in the second degree; 11.1.37 §769. Unlawful sexual contact in the first degree; 11.1.38 §770. Rape in the fourth degree; 11.1.39 §771. Rape in the third degree; 11.1.40 §772. Rape in the second degree; 11.1.41 §773. Rape in the first degree; 11.1.42 §776. Sexual extortion; 11.1.43 §777. Bestiality; 11.1.44 §778. Continuous sexual abuse of a child; 11.1.45 §780. Female genital mutilation; Kidnapping and Related Offenses 11.1.46 §781. Unlawful imprisonment in the second degree; 11.1.47 §782. Unlawful imprisonment in the first degree; 11.1.48 §783. Kidnapping in the second degree; 11.1.49 §783A. Kidnapping in the first degree; 11.1.50 §785. Interference with custody; Coercion 11.1.51 §791. Acts constituting coercion. 11.2 Any crime which involves dishonesty or false, fraudulent or aberrant behavior and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Arson and Related Offenses 11.2.1 §801. Arson in the third degree; 11.2.2 §802. Arson in the second degree; DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 11.2.3 §803. Arson in the first degree; 11.2.4 §804. Reckless burning or exploding; 11.2.5 §805. Cross or religious symbol burning; 11.2.6 §811. Criminal mischief; Criminal Trespass and Burglary 11.2.7 §820. Trespassing with intent to peer or peep into a window or door of another; 11.2.8 §821. Criminal trespass in the third degree; 11.2.9 §822. Criminal trespass in the second degree; 11.2.10 §823. Criminal trespass in the first degree; 11.2.11 §824. Burglary in the third degree; 11.2.12 §825. Burglary in the second degree; 11.2.13 §826. Burglary in the first degree; 11.2.14 §828. Possession of burglar’s tools or instruments facilitating theft; Robbery 11.2.15 §831. Robbery in the second degree; 11.2.16 §832. Robbery in the first degree; 11.2.17 §835. Carjacking in the second degree; 11.2.18 §836. Carjacking in the first degree; Theft and Related Offenses 11.2.19 §840. Shoplifting; class G felony; 11.2.20 §840A. Use of illegitimate retail sales receipt or Universal Product Code Label; 11.2.21 §841. Theft; 11.2.22 §842. Theft; lost or mislaid property; mistaken delivery; 11.2.23 §843. Theft; false pretense; 11.2.24 §844. Theft; false promise; 11.2.25 §845. Theft of services; 11.2.26 §846. Extortion; 11.2.27 §848. Misapplication of property; 11.2.28 §849. Theft of rented property; 11.2.29 §850. Use , po ssession, manufacture, distr ibution and sale of unlawful te lecommunication an d access devices; 11.2.30 §851. Receiving stolen property; 11.2.31 §853. Unauthorized use of a vehicle; 11.2.32 §854. Identity theft; 11.2.33 §859. Larceny of livestock; 11.2.34 §860. Possession of shoplifter’s tools or instruments facilitating theft; Forgery and Related Offenses 11.2.35 §861. Forgery; class F felony; 11.2.36 §862. Possession of forgery devices; Offenses Involving Falsification of Records 11.2.37 §871. Falsifying business records; 11.2.38 §872. Falsifying business records; 11.2.39 §873. Tampering with public records in the second degree; 11.2.40 §876. Tampering with public records in the first degree; 11.2.41 §877. Offering a false instrument for filing; 11.2.42 §878. Issuing a false certificate; DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS Bribery Not Involving Public Servants 11.2.43 §881. Bribery; 11.2.44 §882. Bribe receiving; Frauds on Creditors 11.2.45 §891. Defrauding secured creditors; 11.2.46 §892. Fraud in insolvency; 11.2.47 §893. Interference with levied-upon property; Other Frauds and Cheats 11.2.48 §900. Issuing a bad check; 11.2.49 §903. Unlawful use of credit card; 11.2.50 §903A. Reencoder and scanning devices; 11.2.51 §906. Deceptive business practices; 11.2.52 §907. Criminal impersonation; 11.2.53 §907A. Criminal impersonation, accident related; 11.2.54 §907B. Criminal impersonation of a police officer; 11.2.55 §908. Unlawfully concealing a will; 11.2.56 §909. Securing execution of documents by deception; 11.2.57 §910. Debt adjusting; 11.2.58 §911. Fraudulent conveyance of public lands; 11.2.59 §912. Fraudulent receipt of public lands; 11.2.60 §913. Insurance fraud; 11.2.61 §913A. Health care fraud; 11.2.62 §914. Use of consumer identification information; 11.2.63 §915. Use of credit card information; 11.2.64 §916. Home improvement fraud; 11.2.65 §917. New home construction fraud; Offenses Relating to Recorded Devices 11.2.66 §920. Transfer of recorded sounds; 11.2.67 §921. Sale of transferred recorded sounds; 11.2.68 §922. Improper labeling; Computer Related Offenses 11.2.69 §932. Unauthorized access; 11.2.70 §933. Theft of computer services; 11.2.71 §934. Interruption of computer services; 11.2.72 §935. Misuse of computer system information; 11.2.73 §936. Destruction of computer equipment; 11.2.74 §937. Unrequested or unauthorized electronic mail or use of network or software to cause same; 11.2.75 §938. Failure to promptly cease electronic communication upon request; Offenses relating to marriage. 11.2.76 §1001. Bigamy; 11.2.77 §1003. Contracting a bigamous marriage outside of the State. 11.3 Any crime which involves misuse or abuse of children or animals and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Child Welfare; Sexual Offenses, Animal Offenses 11.3.1 §1100. Dealing in children; 11.3.2 §1101. Abandonment of child; DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 11.3.3 §1102. Endangering the welfare of a child; 11.3.4 §1105. Endangering the welfare of an incompetent person; 11.3.5 §1106. Unlawfully dealing with a child; 11.3.6 §1107. Endangering children; 11.3.7 §1108. Sexual exploitation of a child; 11.3.8 §1109. Unlawfully dealing in child pornography; 11.3.9 §1111. Possession of child pornography; 11.3.10 §1112. Sexual offenders; prohibitions from school zones; 11.3.11 §1112A Sexual solicitation of a child; 11.3.12 §1113 Criminal non-support and aggravated criminal non-support; 11.3.13 §1114. Body-piercing; tattooing or branding; 11.3.14 §1114A. Tongue-splitting; 11.3.15 §1116. Sale or distribution of tobacco products to minors; 11.3.16 §1325. Cruelty to animals; 11.3.17 §1326. Animals; fighting and baiting prohibited; 11.3.18 §1327. Maintaining a dangerous animal. 11.4 Any crime which involves offenses against the public order the commission of which may tend to bring discredit upon the profession and which are thus substantially related to one’s fitness to practice such profession and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Bribery and Improper Influence 11.4.1 §1201. Bribery; 11.4.2 §1203. Receiving a bribe; 11.4.3 §1205. Giving unlawful gratuities; 11.4.4 §1206. Receiving unlawful gratuities; 11.4.5 §1207. Improper influence; 11.4.6 §1211. Official Misconduct; 11.4.7 §1212. Profiteering; Perjury, Escape and related offenses 11.4.8 §1221. Perjury in the third degree; 11.4.9 §1222. Perjury in the second degree; 11.4.10 §1223. Perjury in the first degree; 11.4.11 §1233. Making a false written statement; 11.4.12 §1239. Wearing a disguise during commission of a felony; 11.4.13 §1240. Terroristic threatening of public officials or public servants; 11.4.14§1244. Felony hindering prosecution; 11.4.15§1245. Felony false reporting an incident 11.4.16 §1246. Compounding a crime; 11.4.17 §1248. Felony obstructing control and suppression of rabies; 11.4.18 §1249. Felony abetting violation of driver’s license restrictions; 11.4.19 §1250. Offenses against law-enforcement animals; 11.4.20 §1252. Felony escape; 11.4.21 §1253. Escape after conviction. 11.4.22 §1254. Assault in a detention facility; 11.4.23 §1256. Felony promoting prison contraband; 11.4.24 §1257A. Felony use of an animal to avoid capture; 11.4.25 §1259. Sexual relations in a detention facility; DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 11.4.26 §1260. Felony misuse of prisoner mail; Offenses Relating to Judicial and Similar Proceedings 11.4.27 §1261. Bribing a witness; 11.4.28 §1262. Bribe receiving by a witness; 11.4.29 §1263. Tampering with a witness; 11.4.30 §1263A. Interfering with child witness; 11.4.31 §1264. Bribing a juror; 11.4.32 §1265. Bribe receiving by a juror; 11.4.33 §1266. Tampering with a juror; 11.4.34 §1267. Misconduct by a juror; 11.4.35 §1269. Tampering with physical evidence. 11.5 Any crime which involves offenses against a public health order and decency which may tend to bring discredit u pon the pr ofession, spe cifically in cluding th e be low liste d cr imes from T itle 11 o f th e Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another pe rson or persons in ge neral or sufficiently flaw ed jud gment to ca ll into question th e individuals ability to make health care decisions or advise upon health care related matters for other individuals. Disorderly Conduct and Related Offenses 11.5.1 §1302. Riot; 11.5.2 §1304. Hate crimes; 11.5.3. §1312A. Felony Stalking; 11.5.4 §1313. Malicious interference with emergency communications; 11.5.5 §1325. Felony Cruelty to Animals; 11.5.6 §1326. Animals, fighting and baiting prohibited. 11.5.7 §1327. Felony maintaining a dangerous animal; 11.5.8 §1332. Abusing a corpse; 11.5.9 §1333. Trading in human remains and associated funerary objects 11.5.10 §1335. Felony violation of privacy; 11.5.11 §1336. Wiretapping and electronic surveillance; 11.5.12 §1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; 11.5.13 §1339. Adulteration; Offenses Involving Public Indecency 11.5.14 §1351. Promoting prostitution in the third degree; 11.5.15 §1352. Promoting prostitution in the second degree; 11.5.16 §1353. Promoting prostitution in the first degree; Obscenity 11.5.17 §1361. Obscenity; acts constituting. 11.6 Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive substances an d those n on-addictive s ubstances with a su bstantial ca pacity to impair re ason o r judgment an d sh all inclu de b y way of examp le an d not of limit ation the follow ing crimes listed in Chapter 47 of Title 16 of the Delaware Code Annotated: 11.6.1 §4751. Prohibited acts A; 11.6.2 §4752. Prohibited acts B; 11.6.3 §4752A. Unlawful delivery of noncontrolled substance; 11.6.4 §4753. Prohibited acts C; 11.6.5 §4753A. Trafficking in mariju ana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs; DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 11.6.6 §4754. Prohibited acts D; 11.6.7 §4754A. Possession and delivery of noncontrolled prescription drug. 11.6.8 §4755. Prohibited acts E; 11.6.9 §4756. Prohibited acts; 11.6.10 §4757. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions; 11.6.11 §4758. Keeping drugs in original containers; 11.6.12 §4761. Distribution to persons under 21 years of age; 11.6.13 §4761A. Purchase of drugs from minors; 11.6.14§4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; 11.6.15§4768. Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship; 11.6.16 §4774. Drug paraphernalia. 11.7 Any crime which involvesthe misuse or illegal possession or sale of a deadly weapon or dangerous instrument and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Offenses Involving Deadly Weapons and Dangerous Instruments 11.7.1 §1442. Carrying a concealed deadly weapon; 11.7.2 §1443. Carrying a concealed dangerous instrument; 11.7.3 §1444. Possessing a destructive weapon; 11.7.4 §1445. Felony unlawfully dealing with a dangerous weapon; 11.7.5 §1447. Possession of a deadly weapon during commission of a felony; 11.7.6 §1447A. Possession of a firearm during commission of a felony; 11.7.7 §1448. Possession and purchase of deadly weapons by persons prohibited; 11.7.8 §1448A. Criminal history record checks for sales of firearms; 11.7.9 §1449. Wearing body armor during commission of felony; 11.7.10 §1450. Receiving a stolen firearm; 11.7.11 §1451. Theft of a firearm; 11.7.12 §1452. Unlawfully dealing with knuckles-combination knife; 11.7.13 §1453. Unlawfully dealing with martial arts throwing star; 11.7.14 §1454. Giving a firearm to person prohibited; 11.7.15 §1455. Engaging in a firearms transaction on behalf of another; 11.7.16 §1456. Unlawfully permitting a minor access to a firearm; 11.7.17 §1457. Felony Possession of a weapon in a Safe School and Recreation Zone; 11.7.18 §1458. Removing a firearm from the possession of a law enforcement officer; 11.7.19 §1459. Possession of a weapon with a removed, obliterated or altered serial number; 11.7.20 §1471. Prohibited Acts; Offenses Involving Organized Crime and Racketeering 11.7.21 §1504. Criminal Penalties for Organized Crime & Racketeering; Offenses Involving Intimidation of Victims or Witnesses 11.7.22 §3533. Aggravated act of intimidation; 11.8 Other Crimes Title 16 Health and Safety 11.8.1 §1136. Abuse or neglect of a patient or resident of a nursing facility; 11.8.2 §4751. Prohibited acts A; 11.8.3 §4752. Prohibited acts B; 11.8.4 §4752A. Unlawful Delivery of Noncontrolled Substance; 11.8.5 §4753. Prohibited acts C; DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 11.8.6 §4753A. Tr afficking in M arijuana, Coca ine, Illegal Drugs, Methamp hetamines, Lys ergic Acid Diethylamide, Designer Drugs or 3,4-Methelenedioxymethamphetamine 11.8.7 §4754. Prohibited acts D 11.8.8 §4754A. Possession and Delivery of NonControlled Prescription Drug. 11.8.9 §4755. Prohibited Acts 11.8.10 §4756. Prohibited Acts 11.8.11 §4757. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions; penalties 11.8.12 §4758. Keeping drugs in original containers; 11.8.13 §4761. Distribution to persons under 21 years of age; penalties; 11.8.14 §4761A. Purchase of drugs from minors; penalties; 11.8.15 §4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; penalties; defenses; 11.8.16§4768. Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship; penalties; defenses; 11.8.17 §4771. Drug paraphernalia; 11.8.18 §4774. Penalties; Title 23 Navigation and Waters 11.8.19 §2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; 11.8.20 §2305. Second, Third and Fourth Offense Penalties; jurisdiction; Title 30 State Taxes 11.8.21 §571. Attempt to evade or defeat tax; class E felony; 11.8.22 §572. Failure to collect or pay over tax; class E felony; 11.8.23 §573. Failure to file return, supply information or pay tax; class A misdemeanor; 11.8.24 §574. Fraud and false statements; class E felony; Title 31 Welfare 11.8.25 §1007. Felony Penalties; Title 21 Motor Vehicles 11.8.26 §2118A. Unlawful possession or manufacture of proof of insurance, penalties; 11.8.27 §2133. Penalties; jurisdiction of justices of the peace; 11.8.28 §2315. False statements; penalty; 11.8.29 §2316. Altering or forging certificate of title, manufacturer's certificate of origin, registration card, vehicle warranty or certification sticker or vehicle identification plate 11.8.30 §2620. False statements; incorrect or incomplete information; 11.8.31 §2751. Unlawful application for or use of license or identification card; 11.8.32 §2752. False statements; 11.8.33 §2760. Du plication, r eproduction, alter ing, or coun terfeiting of dri ver's lic enses or iden tification cards; 11.8.34 §2814. Ad ditional penalty whe n convicted of an offense which would render an in dividual a habitual offender; 11.8.35 §3107. False statements; 11.8.36 §4177. Felony Driving a veh icle while under the influence or with a p rohibited alcohol content; evidence; arrests; and penalties; 11.8.37 §4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs; 11.8.38 §4202. Felo ny Duty of dr iver inv olved in accident resulting in inju ry or de ath t o a ny pe rson; penalty; 11.8.39 §4601. Introduction, sale, distribution or advertisement for sale to public of motor vehicle master keys; penalties; DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 11.8.40 §4603. Reporting of keys; penalties; 11.8.41 §4604. Possession of mo tor vehicle m aster keys, manipulative key s, ke y-cutting dev ices, lock picks or lock picking devices and hot wires; penalty; class E felony; 11.8.42 §6704. Receiving or transferring stolen vehicle; penalty; 11.8.43 §6705. Remov ed, falsified or unauthorized identif ication numb er on v ehicle, bicycle or engine; removed or affixed license/registration plate with intent to misrepresent identity; penalty; 11.8.44 §6708. Possession of blan k title; blan k r egistration car d; ve hicle id entification p late; wa rranty sticker and registration card; class E felony; penalty; 11.8.45 §6709. Rem oval o f warranty or certification stic kers; vehicle identification pla tes; co nfidential vehicle identification numbers; penalty; class E felony; 11.8.46 §6710. Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers; penalty; class E felony; Title 3 Agriculture 11.8.47 §1224. Unlawful Acts (Only to include crimes related to fraud and conspiracy); 11.8.48 §8713. Felony offenses 11.8.49 §10049. Fraudulent Written Statements; 11.8.50 §10050. Fraudulent Certificate of Registration or Eligibility Documents; 11.8.51 §904. Offenses Concerning Certain Persons; Title 6 Commerce and Trade 11.8.52 §4619. Felony Prohibition of Intimidation; Title 7 Conservation 11.8.53 §1717. Unauthorized Acts against a Service Guide or Seeing Eye Dog; 11.8.54 §6003. Felony Permits Required; Title 11 Crimes 11.8.55 §2402. Felony Interception of Communications Generally; Divulging Contents of Communications; 11.8.56 §2403. Manufacture, Possession or Sale of Intercepting Device; 11.8.57 §2410. Breaking and Entering, Etc. to Place or Remove Equipment; 11.8.58 §2412. Obstruction, Impediment or Prevention of Interception; 11.8.59 §2422. Divulging Contents of Communications; 11.8.60 §3534. Attempt to Intimidate; 11.8.61 §8523. Felony Violation of Reporting Provision; 11.8.62 §8562. Felony Failure of Child Care Provider to Obtain Information or Providing False Information; 11.8.63 §8572. Penalties for Providing False Information when Seeking School Employment; 11.8.64 §9016. Filing False Claim under Victims’ Compensation Fund Title 12 Descendants’ Estates 11.8.65 §210. Alteration, Theft or Destruction of Will Title 16 Health & Safety 11.8.66 §2513. Felony Penalties Relating To Improper Health-Care Decisions; 11.8.67 §7112. Felony Penalties for Violations of Chapter; 11.8.68 §7416. Penalties for Violating Statute Governing Radiation Control; Title 24 Professions and Occupations 11.8.69 §903. Deadly Weapons Dealers – Sale to Persons under 21 or Intoxicated Persons; Title 31 Welfare 11.8.70 §3913. Felony Violations – Knowing or Reckless Abuse of an Infirm Adult. 11.9 Any crime which is a violation of either Title 24, Chapter 11 (Board of Dental Examiners) as it may be amended from time to time or of any other statute which r equires the reporting of a medical/dental situation or condition to state, federal or local authorities or a crime which constitutes a violation of the DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS dental or hygiene practice act of the state in which the conviction occurredor in which the dentist or dental hygienist is licensed. 11.10 The Board reserves th e jur isdiction an d au thority to modify this regulat ion as an d if it beco mes necessary to e ither ad d o r d elete crime s including su ch ad ditions a s may be r equired o n an emergency basis under 29 Del.C. §10119 to address imminent peril to th e public health, safety or welfare. 9 DE Reg. 77 (7/1/05) DIVISION OF PROFESSIONAL REGULATION Statutory Authority: 24 Delaware Code, Section 4416(b)(1) (24 Del.C. §4416(b)(1)) 24 DE Admin. Code 4400 PUBLIC NOTICE 4400 Delaware Manufactured Home Installation Board Pursuant to 24 Del.C. §4416(b)(1), the Manufactured Home Installation Board has proposed revisions to its rules and regulations. A public hearing on proposed revisions published on November 1, 2010 in the Register of Regulations, Volume 14, Issue 5 was held on November 22, 2010. The Manufactured Home Installation Board decided to make further revisions to the rules and regulations. A public hearing to address these proposed revisions will be held on March 14, 2011 at 9:15 a.m. in the second floor conference room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a co py from th e Ma nufactured Home Installation Boa rd, 86 1 Silver La ke Boulevard, Dover, De laware 19 904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Bo ard ha s proposed r evisions to Ru le 9. 0. T he Board's licensin g law , Chapter 44 of T itle 2 4 of the Delaware Code, provides that all manufactured home installations must be performed, at minimum, in compliance with the requirements of the United States Department of Housing and Urban Development ("HUD"). See 24 Del.C. §4421. The revisions to Ru le 9.0 e xpressly incorporate HUD's installation requirements. In p articular, the rules reference specific sections of the Code of Federal Regulations. The revisions also specify that, with respect to site suitability (Rule 9.2), site preparation (Rule 9.3) and foundation constr uction (Rule 9.4), where S tate, county or municipal standards are more stringent than HUD requirement s, the installer shall comply with the more stringent standards. These amendments will make explicit what is already included in the Board's licensing law and will, therefore, provide greater clarity and greater protection for the public. The Board will c onsider promulgating the proposed rules and re gulations at its regularly scheduled meeting following the public hearing. 4400 Delaware Manufactured Home Installation Board (Break in Continuity of Sections) 9.0 Manufactured Home Installation Requirements 9.1 Manufactured homes shall be installed in accord with Section 4421(b). 9.2 Footers. Manufactured homes installed in this State shall be installed on piles or concrete footers. Concrete footers shall consist of a minimum of 3000 psi concrete and shall be a minimum of 24 inches in diameter, at least eigh t ( 8) inches th ick an d set two (2 ) feet de ep fro m fin al gr ade wh ere so il DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS conditions permit. Where the regulations of the Department of Housing and Urban Development, the manufacturer's installation instructions or manual, NCSB/ANSI code or the set of plans designed for the specific manufactured home under the seal of a registered professional engineer, as applicable under Section 4421(b), require more stringent standards, those standards shall apply. 9.3 Anchoring. Manufactured homes installed in the State shall be anchored. Anchors shall be installed in accord with the regulations of the Department of Housing and Urban Development, the manufacturer's installation instructions or ma nual, NCSB/ANSI code or th e set of p lans de signed for th e spe cific manufactured home under the seal of a registered professional engineer, as applicable under Section 4421(b). 9.1 Manufactured homes shall be installed, at minimum, in a ccordance with Section 4421(b) o f this chapter an d all applicable re gulations of the Un ited States De partment of Hou sing a nd Ur ban Development ("HUD)," as set forth in the Code of Federal Regulati ons ("C.F.R."). HUD requirements are available online at ww w.dpr.gov. With respect to site suitability (Rule 9.2), site preparation (Rule 9.3) and foundation construction (Rule 9.4), where State, county or municipal standards are more stringent than HUD requirements, the installer shall comply with the more stringent standards. 9.2 Site suitability. Pursuant to 24 C.F.R. §3285.103, prior to the initial installation of a new manufactured home, the installer shall verify that the design and construction of the home, as indicated on the design zone maps provided with the home, are suitable for the site location where the home is to be installed. 9.3 Site preparation. 9.3.1 Soil conditions. Pursuant to 24 C.F.R. §3285.201, the manufactured home's foundation shall be constructed on firm, undis turbed s oil or fill compacted to at least 90 percent of its maximum relative density, and the site shall be graded to ensure adequate drainage. Pursuant to 24 C.F.R. §3285.202, the soil classification and bearing capacity shall be determined before the foundation is constructed and anchored. 9.3.2 Drainage. Pursuant to 2 4 C.F.R. §3 285.203, drainage shall be p rovided to direct surface water away from the manufactured home to protect against erosion of the foundation supports and to prevent water build-up under the home. All drainage shall be diverted away from the home and must slope a minimum of one-half inch per foot away from the foundation for the first ten feet. 9.4 Foundation co nstruction. F oundations for manufactured ho me ins tallations shall be de signed and constructed in a ccordance with 24 C.F .R. §§3285.301 - 3 285.315 an d must be b ased on site conditions, home design features, and the loads the home was designed to withstand, as shown on the home's data plate. 9.4.1 Piers. Pursuant to 24 C.F.R. §3285.302, the piers used shall be capable of transmitting vertical live and d ead loa ds to th e footing or fo undation. Pi er ma terials, de sign, lo ads, co nfiguration and location shall meet the requirements set forth at 24 C.F.R. §§3285.303 - 3285.312. 9.4.2 Footings. Pursuant to 24 C.F.R. §3285.312, materials approved for footings shall provide equal load-bearing capacity and resistance to decay. Footings shall be placed on undisturbed soil or fill compacted to 90 percent of maximum relative density. A footing shall support every pier. Footing materials, placement, and sizing shall meet the requirements set forth at 24 C.F.R. §3285.310. 9.5 Anchoring. Pursuant to 24 C.F.R. §§3285.401 - 3285.406., the manufactured home shall be secured against the win d, in cluding win d in the longitudinal dir ection, b y us e of anchor assembly type installations or by connecting the home to an alternative foundation system, as set forth at 24 C.F.R. §3285.301. Gr ound an chor inst allations shall m eet the r equirements fo r cer tification an d testin g, specifications, number and location set forth at 24 C.F.R. §3285.402. 9.6 Installation of optional features. Optional features, such as expanding rooms, appliances, and skirting, shall be installed pursuant to the requirements set forth at 24 C.F.R. §§3285.501 - 3285.505. 9.6.1 Comfort cooling systems. Pursuant to 24 C.F.R. §3285.503, when not provided and installed by the home manufacturer, any comfort cooling systems that are installed shall be installed according to the appliance manufacturer's installation standards. Installation of any comfort cooling system shall meet the requirements set forth at 24 C.F.R. §3285.503(a). 9.7 Ductwork, plumbing and fuel supply systems. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 9.7.1 Ductwork c onnections. Multi-sect ion homes with duc twork in mo re th an one se ction re quire crossover connection to complete the ductwork system of the manufactured home. All ductwork connections shall be sealed to prevent air leakage. Installation, sealing and support of ductwork shall meet the requirements set forth at 24 C.F.R. §3285.606. 9.7.2 Plumbing. 9.7.2.1 Water supply. Multi-section homes with plum bing in both sections re quire water -line crossover connections to join all sections of the manufactured home. Crossover design requirements are set forth at 24 C.F.R. §3280.609. When the local water supply pressure exceeds 80 psi to the home, a pressure-reducing valve shall be installed. Standards for installation of the mandatory shutoff valve, freezing protection and testing procedures are set forth at 24 C.F.R. §3280.609. 9.7.2.2 Drainage system. Multi-section homes with pl umbing in mo re than o ne section r equire drainage system conn ections to join all sections of th e ho me. In stallation, as sembly, support and testing of drainage systems shall meet the requirements set forth at 24 C.F.R. §3285.604. 9.7.3 Fuel supply systems. The gas piping system in the home shall be designed for pressure that is at least 7 inch es of water co lumn and n ot more than 14 inches of wa ter colum n. Installation, crossovers and testing shall meet the requirements set forth at 24 C.F.R. §3285.605. 9.8 Electrical systems. Pursuant to 24 C.F.R. §3285.701, multi-section homes with electrical wiring in more than one section require crossover connections to join all sections of the home. Pursuant to 24 C.F.R. §3285.702, exterior lighting fixtures, ceiling-suspended fans and chain-hung lighting fixtures s hall be installed as required by their listings and 24 C.F.R. §3280. Installation, grounding and testing shall meet the requirements set forth at 2 4 C.F.R. §3285.702. Pursuant to 24 C.F.R. §3285.703, smoke alarms shall be functionally tested as required by the manufacturer instructions and shall be consistent with 24 C.F.R. §3280.208. Considerations concerning installation of telephone and cable TV are set forth at 24 C.F.R. §3285.906. 9.9 Exterior and interior close-up. 9.9.1 Exterior close-up. Pursuant to 24 C.F.R. §3285.801, exterior siding and roofing needed to join all sections of th e man ufactured ho me shall be in stalled a ccording to manufacturer installation requirements con sistent wit h 24 C.F.R. §§ 3280.305 a nd 3 280.307. Wea therproofing and installation of hinged roofs and eaves shall meet the requirements of 24 C.F.R. §3285.801. 9.9.2 Structural inter connection of multi-section ho mes. Pursuant to 24 C.F.R. §3285.802, for multi- section ho mes, s tructural interconnections along the inter ior and exterior at th e mate-line are required to join all sections of the home. Structural interconnection and closing of gaps shall meet the requirements set forth at 24 C.F.R. §3285.802. 9.9.3 Interior clo se-up. Pur suant to 24 C.F.R. §3285.803, all ship ping blo cking, stra pping o r br acing shall be removed from appliances, windows and doors. Installation of shipped-loose wall paneling shall meet the requirements of §3285.803. 9.9.4 Bottom board repair. The bottom board covering shall be inspected and repaired pursuant to the requirements of 24 C.F.R. §3285.804. 9.10 Skirting. Pursuant to 24 C.F.R. §3285.504, skirting, if installed, shall be of weather-resistant materials or pr ovided with pr otection ag ainst weather d eterioration at least e quivalent to tha t pr ovided by a coating of zinc on steel of not less than 0.30 oz./ft.2 Installation of skirting shall meet the requirements set forth at 24 C.F.R. §3285.504. 9.11 Completion of op erational ch ecks a nd a djustments. Upon completion of inst allation, inst aller shall check all items listed in Rule 9. 0 and shall make any needed adjustments to ensure compliance with all HUD requirements. *Please Not e: As the res t of th e se ctions we re no t ame nded, t hey are not being pu blished h ere. A complete copy of the proposed regulation is available at: 4400 Delaware Manufactured Home Installation Board DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS DEPARTMENT OF TRANSPORTATION DIVISION OF PLANNING Statutory Authority: 17 Delaware Code, Sections 132, 137 and 149; 29 Delaware Code, Section 8404 (17 Del.C. §§132, 137 & 149 29 Del.C. §8404) 2 DE Admin. Code 2313 PUBLIC NOTICE 2313 Policies and Procedures for Acquisition of Certain Real Property Interests Background The Delaware Department of Transportation, through its Division of Planning, seeks to adopt regulations to ensure that its policies and procedures for the acquisition of real property are transparent, consistent, cost effective and fair. The Department has broad statutory authority to acquire property in connection with state highway projects. However, an “Advanced Acquisition Committee” must review certain acquisitions of real property after the approval of the preferred alternative. The Department has adopted policies governing such acquisitions; nonetheless, these existing policies only apply to purchases of “fee simple” interests, and do not expressly apply to reservations. While the Committee has the statutory authority to determine whether certain advanced acquisitions are consistent with state planning goals, it does not currently have in place a process for reviewing the merits of such transactions. The regulati ons below will implement specific rec ommendations for advanc ed acquisitions set forth in the Report of the Governor’s Chief of Staff to Governor Markell dated January 7, 2011 (the “Report”). Specifically, the regulations will (1) require that the Committee review not only advanced acquisitions, but reservation agreements as well; (2) provide a process for the Committee to review the merits of advanced acquisitions and reservation agreements; (3) req uire the Dep artment to obt ain in dependent app raisal fo r ad vanced a cquisitions and reservations; (4) require that advanced acquisitions and reservations be reviewed by legal counsel; (5) require that the terms of advanced acquisitions and reservations be reflected in an agreement signed by the Department and the property owner; and (6) set out the process for the Committee to conduct its consistency review of certain real property acquisitions proposed by the Department, as contemplated by 17 Del.C. §137(a)(2). Public Comment Period The Department will take written comments on the proposed Regulations Establishing Policies and Procedures for Acquisition of Cer tain Real Property Interests from February 1, 2011 through March 5, 2011. The proposed Regulations appear below. Any requests for copies of the proposed Regulations, or any questions or comments regarding this document should be directed to: Cleon L. Cauley, Sr., Deputy Secretary Delaware Department of Transportation P.O. Box 778 Dover, DE 19903 (302) 760-2303 (telephone) (302) 739-2895 (fax) cleon.cauley@state.de.us DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 2313 Policies and Procedures for Acquisition of Certain Real Property Interests. 1.0 Purpose. The Department of Transportation has broad statutory authority to acquire public or private property and property rights in connection with the Department’s jurisdiction. Traditionally, the Department has acquired the necessary property rights upon final right-of-way plan approval for a project. In certain instances, the best interests of the state and individual property owners may be better served if such interests are either acquired or reserved by the Department prior to right-of-way plan approval. The purpose of this re gulation is to en umerate t he sp ecific policies and pr ocedures gover ning the acquisition and reservation of certain real property by the Department. It also sets out the process for the Committee to conduct its consistency review of certain real property acquisitions proposed by the Department, as contemplated by 17 Del.C. §137(a)(2). 2.0 Definitions. “Advanced acquisition” means the acquisition by the Department of any interest in real property prior to final right-of-way plan approval of the project for which such interest is being acquired. For purposes of this regulation and the Department’s Real Estate Manual, “advanced acquisitions” shall also include, without limitation, reservations. “Advanced Acquisition Committee” or “Committee” means the committee created pursuant to 17 Del.C. §13 7(a)(2) an d co mprised of th e Secre tary of th e Dep artment of Natural Resou rces and Environmental Con trol; th e Se cretary o f the Department of Transportation, the Secr etary of the Department of Agriculture; the Director of the Delaware Economic Development Office; the Governor's Chief of Staff; a member of the Senate designated by th e President Pro Tempore of th e Senate; a member of the House of Representatives designated by the Speaker of the House of Representatives; a member of the public designated by the President Pro Tempore of the Senate; and a member of the public designated by the Speaker of the House of Representatives. “Consistency review” shall mean the review by the Committee pursuant to 17 Del.C. §137(a)(2) of acquisitions for new corridors, expansion of existing corridors, or the acquisition of real property as part of the Department's Corridor Capacity Preservation Program. "Corridor" means a particular route of one or more highways of this State, serving predominantly statewide and/or regional travel needs. By way of example and not limitation, State Routes 1, 2, and 141, and U.S. Routes 13, 113, and 202 are corridors under this definition. “Department” means the Delaware Department of Transportation. “Expansion of existing corridors” means the proposed construction of additional through lanes for a minimum of three miles, such as to significantly increase the traffic-carrying capacity of a corridor already in existence at the time of the proposed capital improvement. By wa y of example and not limitation, the dualization of U.S. Route 113 between Milford and Georgetown, and the State Route 1 Third Lane project between Rehoboth Avenue Extended and the Five Po ints intersection with U.S. Route 9, would have been considered expansions of existing corridors under this definition at the time of their planning and construction. “Hardship acquisition” shall mean an advanced acquisition to resolve a specific hardship imposed upon the owner as a result of a project including, without limitation, long-term leases and reservations between an own er and the Dep artment. Har dship a cquisitions shall inc lude situations in whic h an owner must relocate for personal reasons (e.g., job transfer, death in the family, retirement plans or medical reasons) and is unable to sell his or her property as a result of a project. “New corridor” means a proposed capital improvement for a corridor-level highway, all or substantially all of which is to be built on previously unused alignment. By way of example and not limitation, the tolled portion of State Route 1 through Kent and New Castle County would have been considered a new corridor under this definition, at the time of its planning and eventual construction. “Owner” shall mean the owner of the real property interest, which the Department seeks to acquire or reserve. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS “Preferred alternative” shall mean the alternative that the Department believes would fulfill its statutory mission and responsibilities givi ng c onsideration to economic, environmental, technic al and other factors. “Project” me ans a n u ndertaking for a ca pital improvement by th e De partment for a ne w co rridor, expansion o f an existin g cor ridor, or acqu isition o f r eal pr operty as p art of the Cor ridor Capacity Preservation, and which uses state and/or federal funds. “Protective acquisition” shall mean an advanced acquisition to allow the Department to protect from development real property within a project area in instances where development would increase the eventual cost of property acquisition to taxpayers or would limit location alternatives for the project. Protective acquisitions shall include, without limitation, long-term leases and reservations to allow the Department to protect from development real property within a project area. “Real Property” means a fee simp le interest in real estate for any such a cquisition, and shall also include any lesser property interest proposed for acquisition under the Corridor Capacity Preservation Program (17 Del.C. §145). “Reservation” means a commitment by the Department to compensate an owner of any interest in real property, in exchange for an agreement by the owner to refrain from further developing his or her property or designated portions thereof. 3.0 Hardship Acquisition. 3.1 Depending upon the availability of fundi ng, the Department may consider reques ts by owners for hardship acquisitions. 3.2 Written Request - The owner of the real property must submit to the Department a written request for a hardship acquisition. 3.1.1 A request for hardship acquisition of property located in New Castle County shall be submitted to the: North District Real Estate Manager Delaware Department of Transportation 250 Bear Christiana Road Bear, DE 19701 3.1.2 A request for hardship acquisition of property located in Kent County or Sussex County shall be submitted to the: South District Real Estate Manager Delaware Department of Transportation P.O. Box 778 Dover, DE 19903 3.3 Criteria. Upon receipt o f a written r equest for a ha rdship acquisition , th e De partment and it s lega l counsel shall initiate an internal review process to determine whether the property meets the criteria set forth herein. At minimum, the request must demonstrate to the Department’s satisfaction that: 3.3.1 The property has been marketed for at least six (6) months; and 3.3.2 The realtor, or owner in absence of a realtor, must certify and provide evidence that he or she is unable to sell the property at a reasonable price as a result of the proposed project; and 3.3.3 The owner must be able to document a compelling reason for his or her move from the property, e.g., job transfer, death in the family, retirement plans or for medical reasons. 3.4 If an owner demonstrates to the Department’s satisfaction that a h ardship acquisition is ap propriate, then such proposed acquisition shall be considered in accordance with the procedures set forth in Section 5.0. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS 4.0 Protective Acquisition. 4.1 Depending upon the availability of funding, the Dep artment may co nsider request s for protectiv e acquisitions. 4.2 Written Request - All requests for a protective acquisition must be in writing. 4.2.1 A request for protective acquisition of property located in New Castle County shall be submitted to the: North District Real Estate Manager Delaware Department of Transportation 250 Bear Christiana Road Bear, DE 19701 4.2.2 A request for protective acquisition of property located in Kent County or Sussex County shall be submitted to the: South District Real Estate Manager Delaware Department of Transportation P.O. Box 778 Dover, DE 19903 4.3 Criteria. Upon receipt of a written request for a pr otective acquisition, the Dep artment and it s legal counsel shall initiate an internal review process to determine whether the property meets the criteria for a pr otective acquisition. At m inimum, the r equest mu st dem onstrate to the Dep artment’s satisfaction that: 4.3.1 Development would increase the ultimate cost of the acquisition to taxpayers; or 4.3.2 Development would limit location alternatives for a project. 5.0 Procedures for Review and Approval of Advanced Acquisitions. 5.1 For advanced acquisitions satisfying the criteria set forth in Section 3.2 or 4.2, as the case may be, the Department shall have an appraisal performed by its independent appraisers in accordance with the Department’s Real Estate Manual. 5.2 Following receipt of the appraisal, the Department and its legal counsel shall discuss the potential terms of an agreement and the justifications therefor, including the nature of the interest to be acquired (i.e., acquisition, reservation, leasehold); the necessity of acquiring such interest and the existence of any alternative transactions; the fair market value of suchinterest; the amount of landrequired; the duration of the agreement; and such other factors as may be relevant. Following such discussion, counsel shall prepare a detailed term sheet reflecting the material terms of the proposed transaction. 5.3 The Department will present the term sheet to the Advanced Acquisition Committee at a scheduled meeting as soon as reasonably practicable. The Committee shall consider the terms of and rationale for the p roposed tra nsaction an d may either a pprove, approve with conditions, or r eject such transaction. If the Com mittee ap proves the pr oposed tra nsaction or app roves with cond itions, the Department shall negotiate the final terms with the owner. 5.4 The m aterial te rms o f a ll ad vanced ac quisitions sh all b e r eflected in an ag reement pr epared o r reviewed by the Department’s legal counsel and signed by the owner and an authorized representative of the Department. For any agreements enacted prior to the effective date of this re gulation but for which no contract exists that (a) sets forth the material terms of such agreement and (b) is signed by both the Department and owner, the parties thereto shall execute an agreement in conformance with this Section 5.4 no later than May 31, 2011. 6.0 Consistency Review of Certain DelDOT Real Property Acquisitions 6.1 The Committee shall conduct a consistency review for certain proposed real property acquisitions by the Department. These acquisitions consist of those real properties determined by the Department as necessary for its projects for new corridors, expansion of existing corridors, and real property affected DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 PROPOSED REGULATIONS by the Corridor Capacity Preservation Program. This review shall be conducted under the following time frames: 6.1.1 For the preferred alternative for existing corridors or the expansion of existing corridors – After the projects are approved by the Council on Transportation. 6.1.2 For the De partment’s Cor ridor Ca pacity Preservation Pr ogram – Prio r to a ny re al pr operty acquisitions. 6.2 The consistency review shall confirm that the Department’s proposed real property acquisitions further the S tate’s over all go als for land use pla nning, as exp ressed by pr oject au thorizations an d appropriations adopted by the General Assembly. 6.3 At the scheduled meeting for the consistency review, the Department shall present to the Committee such evidence as it deems necessary to demonstrate that the proposed acquisitions are consistent with state planning goals. This evidence shall include: 6.3.1 a detailed visual depiction of the proposed acquisitions; 6.3.2 the relevant pro ject pages from the Cap ital Improvement Pro gram ad opted by th e Coun cil o n Transportation, pursuant to 29 Del.C. Sections 8409 and 8419; 6.3.3 the relevant project authorizations as described in the relevant Bond and Capital Improvements Acts adopted by the General Assembly; 6.3.4 where applicable, the Department’s adopted Corridor Capacity Preservation plan for the corridor for which the proposed acquisition would be made, along with other evidence showing how the acquisition furthers the Department’s goals under that Program; and 6.3.5 where ap plicable, the relevant p roject approvals ob tained fro m the Fe deral Highway Administration. 6.4 If the Committee determines that the proposed acquisition is consistent with state planning goals, it shall then notify the Department in writing. 6.5 If the Committee determines that the proposed acquisition is not consistent with state planning goals, it shall then notify the Department in wri ting, with a n explanation o f the basis for the Co mmittee’s determination. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS Symbol Key Arial type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text added at the time of the proposed action. Language which is stricken through indicates text being deleted. [Bracketed Bold la nguage] indicates text added at the time the final o rder was issu ed. [Bracketed stricken through] indicates language deleted at the time the final order was issued. Final Regulations The op portunity for public comme nt shall be he ld ope n fo r a min imum of 30 da ys af ter the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt within the time allowed of all written materials, upon all the testimonial and wr itten evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a re gulation o r to take no action and the d ecision sh all be supported by it s findings on the evidence an d information r eceived; (4) T he exact text and cit ation of such reg ulation ado pted, ame nded or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 235 REGULATORY IMPLEMENTING ORDER 235 Teacher of the Year Award I. Summary of the Evidence and Information Submitted The Secretary of Education seeks to reauthorize 14 DE Admin. Code 235 Teacher of the Year Award as part of the five-year review cycle. Notice of the pr oposed re gulation wa s pu blished in the News Jour nal an d the Delaware S tate News on December 3, 2010, in the form hereto attached as Exhibit “A”. The Department did not receive comments related to this reauthorization. II. Findings of Facts The Secretary finds that it is appropriate to reauthorize 14 DE Admin. Code 235 Teacher of the Year Award as part of the five-year review cycle. III. Decision to Amend the Regulation For the foregoing reasons, the Secretary concludes that it is appropriate to reauthorize 14 DE Admin. Code 235 Teacher of the Year Award. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 235 Teacher of the DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS Year Award attached hereto as Exhibit “B” is hereby reauthorized. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 235 Teacher of the Year Award hereby reauthorized shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. Text and Citation The text of 14 DE Admin. C ode 235 Teacher of the Year Award reauthorized hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 235 Teacher of the Year Award in the Administrative Code of Regulations for the Department of Education. V. Effective Date of Order The actions hereinabove referred to were taken by the Se cretary pursuant to 14 Del.C. §122 on January 20, 2011. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 20th day of January 2011. Department of Education Lillian M. Lowery, Ed.D., Secretary of Education Approved this 20th day of January 2011 235 Teacher of the Year Award This pr ogram sh all b e a dministered in accordance with 14 De l.C. Ch. 89, a nd th e follo wing rules an d regulations. 1.0 Qualifications To be considered for the Teacher of the Year award a person shall: 1.1 Have taught, co ntinuously or in termittently, for an accumu lative pe riod o f three yea rs or mo re in a Delaware public school previous to the date of such person's nomination. 1.2 Have been formally nominated. 1.3 Be actively teaching in their district or charter school in this state at the time of their nomination. 1.4 Continue to actively teach in the nominating district or charter school for the duration of the school year of their nomination. 1.4.1 If the nominee chooses to leave the district or charter school during the selection period the district or charter school shall submit another nominee. 1.5 Meet all the requirements for a Standard Certificate for the position held and hold a valid and current license, as approved by the Professional Standards Board, Department of Education and the State Board of Education. 7 DE Reg. 1178 (3/1/04) 9 DE Reg. 1182 (2/1/06) 2.0 Nominations The following shall apply in preparing nominations in accordance with the requirements of the Act. 2.1 The Department of Education shall meet annually with the district coordinators of the Teacher of the Year Program and the representative for the charter schools for the purpose of providing them with DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS detailed instru ctions and proper form s for th e pr esentation of nom inees. Each d istrict is in vited to nominate one te acher emp loyed by the district and th e ch arter sch ools ar e invited to sele ct one nominee to represent all of the charter schools. 2.1.1 Nominees shall be skillful and dedicated teachers, prekindergarten thro ugh grade 12. Administrative pe rsonnel such as principals an d gu idance co unselors a re n ot eligi ble to be considered for State Teacher of the Year. Nominees for State Teacher of the Year who are not actively eng aged in teaching in a p ublic sch ool a t the tim e at wh ich ob servations a re made pursuant to Section 2.2 below shall be disqualified. 2.2 Nominees shall su bmit a po rtfolio de scribing themselves an d setting for th their p ositions on educational issues. Format will be based on the National Teacher of the Year program. 2.3 Following the submission of the po rtfolios, selected Dep artment of Ed ucation st aff memb ers and selected former state and local district Teachers of the Year shall be assigned in pairs to read the portfolios of two no minees an d o bserve th ose n ominees in the classroom ba sed o n the criteria stipulated in th e Teacher of th e Year Program Guide th at is up dated each yea r. Anothe r gr oup of Department of Education Staff members shall be assigned to read all of the portfolios and rate them based on forms found in the Teacher of the Year Program Guide. Based on the numerical ratings from both the portfolio readers and from the observations, three nominees shall be identified as finalists for consideration by a panel of judges. 2.4 The panel of judges shall include: the current State Teacher of the Y ear; the President of the S tate Congress of Parents and Teachers; the President of the State Student Council Association; a member of the State Board of Education; a representative of the Chamber of Commerce; the President of the Delaware S tate Ed ucation Association; and the Chair of th e Pro fessional S tandards Bo ard or , if necessary, their designees. 2.5 The ju dges shall recommend one pe rson for th e Secretary o f Education to d eclare a s th e State Teacher of the Year. 3 DE Reg. 104 (7/1/99) 7 DE Reg. 1178 (3/1/04) 9 DE Reg. 1182 (2/1/06) OFFICE OF THE SECRETARY Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b)) 14 DE Admin. Code 710 REGULATORY IMPLEMENTING ORDER 710 Public School Employees Workday I. Summary of the Evidence and Information Submitted The Secretary of Education seeks to reauthorize 14 DE Admin. Code 710 Public School Employees Workday as part of the five-year review cycle. Notice of the pr oposed re gulation wa s pu blished in the News Jour nal an d the Delaware S tate News on December 5, 2010, in the form hereto attached as Exhibit “A”. The Department did not receive comments on this reauthorization. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS II. Findings of Facts The Secretary finds that it is a ppropriate to reauthorize 14 DE Admin. Code 710 Public School Employees Workday as part of the five-year review cycle. III. Decision to Amend the Regulation For the foregoing reasons, the Secretary concludes that it is app ropriate to reauthorize 14 DE Admin. Code 710 Public School Employees Workday. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 710 Public School Employees Workday attached hereto as Exhibit “B” is hereby reauthorized. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 710 Public School Employees Workday hereby reauthorized shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. Text and Citation The text of 14 DE Admin. Code 710 Public School Employees Workday reauthorized hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 710 Public School Employees Workday in the Administrative Code of Regulations for the Department of Education. V. Effective Date of Order The actions hereinabove referred to were taken by the Se cretary pursuant to 14 Del.C. §122 on January 20, 2011. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 20th day of January 2011. Department of Education Lillian M. Lowery, Ed.D., Secretary of Education Approved this 20th day of January 2011 710 Public School Employees Workday 1.0 Required Work Hours Absent an existing collective bargaining agreement to the contrary, district employees who work less than the specified time shall have their annual salary adjusted accordingly. Upon ratification of a new or extension of an existing collective bargaining agreement, the local district shall establish hours and days worked th at are consistent wit h th ose sp ecified below. Otherwise, ef fective July 1, 200 1 a workday for public school employees shall be defined as follows: 1.1 Teacher, a minimum of 7 1/2 hours, inclusive of 1/2 hour for lunch, plus the amount of time required for the discharge of such duties and services as may be reasonably expected and required of a member of the professional staff of a public school. (14 Del.C. §1305 defines the number of teacher workdays per year and 14 Del.C. §1328 defines the duty free period.) 1.2 Aide and Paraprofessional, a minimum of 7 1/2 hours inclusive of 1/2 hour for lunch. 1.3 Custodian, a minimum of 8 hours inclusive of 1/2 hour for lunch. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS 1.4 Administrator, a minimum of 7 1/2 hours exclusive of lunch plus the amount of time required for the discharge of such duties and services as may be reasonably expected and required of a member of the professional staff of a public school. 1.5 Food Service Manager, a minimum of 7 hours exclusive of lunch. 1.6 Secretary, a minimum of 7 1/2 hours exclusive of lunch. 3 DE Reg. 1077 (2/1/00) 4 DE Reg. 1254 (2/1/01) 9 DE Reg. 1183 (2/1/06) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) ORDER Medicaid Recovery Audit Contractor Program NATURE OF THE PROCEEDINGS: Delaware Health and Social Services (“Department”) / Division of Medicaid and Medical Assistance (DMMA) initiated p roceedings to am end the T itle XIX Medicaid S tate Pl an r egarding th e Medicaid Recovery Audit Contractor Pr ogram. T he Dep artment’s pr oceedings to a mend it s re gulations we re initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512. The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the December 2010 Delaware Register of Regulations, requiring written materials and suggestions from the pu blic co ncerning the pr oposed r egulations to be pr oduced b y De cember 3 1, 20 10 a t wh ich time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations. SUMMARY OF PROPOSAL The proposal amends the Title XIX Medicaid State Plan to comply with section 6411 of the Affordable Care Act which amends section 1902(a)(42) of the Social Security Act (the Act) requiring States to establish programs to contract with RACs to audit payments to Medicaid providers by December 31, 2010. Statutory Authority The Patient Protection and Affordable Care Act, Public Law 111-148, Section 6411, Expansion of the Recovery Audit Contractor (RAC) program Background State Medicaid RACs Under Section 1902(a)(42)(B)(i) of the Act, States and Territories are required to establish programs to contract with one or more Medicaid RACs for the purpose of identifying underpayments and overpayments and recouping overpayments under the State plan and under any waiver of the State plan with respect to all services for which payment is m ade to any entity under such plan or waiver. States must establish these programs in a man ner consistent with S tate law, and generally in the sa me manner as the Secretary contracts with conting ency fee contractors for the Medicare RAC program. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS The Centers for Medicare and Medicaid Services (CMS) will allow States to maintain flexibility in the design of Medicaid RAC program requirements and the number of entities with which the States elect to contract within the parameters of thestatutory requirements.There area number of operational and policy considerations in State Medicaid RAC program design (some of which will be discussed in greater depth in future rulemaking) such as: a. Qualifications of Medicaid RACs; b. Required personnel -for example physicians and certified coders; c. Contract duration; d. RAC responsibilities; e. Timeframes for completion of audits/recoveries; f. Audit look-back periods; g. Coordination with other contractors and law enforcement; h. Appeals; and i. Contingency fee considerations. Contingency Fees Sections 1902(a)(42)(B)(ii)(I) and (II) of the Act provide that payments to Medicaid RACs are to be made only from amounts “recovered” on a contingent basis for collecting overpayments and in amounts specified by the State for identifying underpayments. CMS will not dict ate c ontingency fee rate s, but w ill establish a maximum contingency rate for which F ederal Financial participation (FFP) will be available. This rate will be the highest contingency fee rate that is paid by CMS under the Medicare RAC program. Appeals Section 1902(a)(42)(B)(ii)(III) of the Act requires States to have an adequate process for entities to appeal any adverse decisions made by the Medicaid RACs. Each State has existing administrative appeals processes with respect to audits of Medicaid providers. So long as States are able to accommodate Medicaid RAC appeals within their existing Medicaid provider appeal structure, CMS is not requiring States to adopt a new administrative review infrastructure to conduct Medicaid RAC appeals. Reporting States will be required to report to CMS their contingency fee rates, along with other Medicaid RAC contract metrics such as the number of audits conducted, recovery amounts, number of cases referred for potential fraud, contract periods of performance, contractors’ names, and other factors such as whether a State has implemented provider or service-specific Medicaid RACs. States will report certain elements of this information via the quarterly Form CMS-64, and other information via separate data reporting forms CMS will require. Coordination Section 1902(a)(42)(B)(ii)(IV)(cc) of the Act requires that CMS ensure that States and their Medicaid RACs coordinate their recovery audit efforts with other entities. Summary of Proposal In a ccordance with th e st atutory req uirements of Se ction 64 11 of the Af fordable Care Act, th e Divisio n of Medicaid and Med ical Assist ance (DMM A) inten ds to submit a S tate pla n a mendment (SP A) th rough wh ich Delaware will attest that it will establish a compliant Medicaid RAC program by December 31, 2010. State programs to contract with Medicaid RACs are not required to be fully operational by December 31, 2010. However, CMS expects States to fully implement their RAC programs by April 1, 2011. The provisions of this state plan amendment are subject to approval by the Centers for Medicare and Medicaid Services (CMS). Fiscal Impact Statement DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS This revision imp oses no in crease in co st on the General Fun d; however, there is the p otential for administrative and system change costs. SUMMARY OF COMMENTS RECEIVED WITH AGENCY RESPONSE The S tate Council for Pers ons w ith Disabilities (SCPD) of fered the fo llowing observ ations and recommendations summarized below. The Division of Medicaid and Medical Assistance (DMMA) has considered each comment and responds as follows. Consistent with the “Background” section of this proposed regulation, the DMMA is r equired by a change in federal law (Affordable Care Act) to contract with one or more entities to conduct audits of Medicaid providers to identify overpayments and underpayments. The contractors would be paid for overpayments on a contingency fee basis out of amounts recovered. Contractors would be paid for underpayments based on a rate to be determined by DMMA. DMMA must amend the State Plan by De cember 31, 2010 to comply with fed eral law and ensure implementation by April 1, 2011. SCPD has misgivings about a model in w hich the auditor is co mpensated th rough iden tification of overpayments. Lo gically, th is m ay le ad to a ny be nefit o f the d oubt in “g ray” ar eas be ing r esolved aga inst the medical p rovider an d pr ompt “o verzealous” collection. As a r esult, pr oviders ma y simp ly withdraw fr om the Medicaid program. This concern is partially offset by the Plan amendment provision that the contractor would be “paid an equivalent percentage contingency fee for the identification of underpayments.” However, in theory, audit results could be skewed if there are offsetting overpayments and underpayments. For example, it would be against the auditor’s interests to identify offsetting overpayments and underpayments since the auditor could then be paid zero. The same zero payment occurs if no overpayment or underpayment is identified. Since this initiative is prompted b y CMS, SCPD en dorses a Plan amendment b y Decemb er 31 , 2010. However, the C ouncil recommends th at DMM A ad opt a rrangements with au dit con tractors wh ich pr omote application of pr incipled r estraint in aud its. If med ical providers are be set b y a uditors with a “fee ding fre nzy” orientation, the result may be a mass exodus from participation in the Medicaid program. Findings should be based on definitive evidence of incorrect payment and the appeal process could include some informal options which supplement the administrative hearing process. Agency Response: The Rec overy Audit Contractor (R AC) will be required to maint ain quality customer service to providers as well as demonstrate that they have experience in successfully conducting audits. There will be reporting requirements, staffing requirements and processes; and, reports that wi ll be approved by DMMA. DMMA will work closely with the RAC and the providers to ensure compliance with RAC and CMS requirements. FINDINGS OF FACT: The Department finds that the proposed changes as set forth in the December 2010 Register of Regulations should be adopted. THEREFORE, IT IS ORDERED , th at the pr oposed re gulation to re garding the Medicaid Recovery Audit Contractor Program is adopted and shall be final effective February 10, 2011. Rita M. Landgraf, Secretary, DHSS DMMA FINAL ORDER REGULATION #11-04 REVISION: Revision: OMB No. CMS STATE PLAN UNDER TITLE XIX OF THE SOCIAL SECURITY ACT State/Territory DELAWARE SECTION 4 – GENERAL PROGRAM ADMINISTRATION DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS 4.5 Medicaid Recovery Audit Contractor Program The State has established a program under which it will contract with one or more recovery audit contractors (RACs) for the purpose of identifying Section 1902(a)(42)(B)(i) Citation underpayments and overpayments of Medicaid claims under the State plan of the Social Security Act and under any waiver of the State plan. ____The State is seeking an exception to establishing such program for the following reasons: Section 1902(a)(42)(B)(ii)(I) _____The State/Medicaid agency has contracts of the type(s) listed in of the Act section 1902(a)(42)(B)(ii)(I) of the Act. All contracts meet the requirements of the statute. RACs are consistent with the statute. Place a check mark to provide assurance of the following: The State will make payments to the RAC(s) only from amounts recovered. The State will make payments to the RAC(s) on a contingent basis for collecting overpayments. The following payment methodology shall be used to determine State Section 1902 (a)(42)(B)(ii)(II)(aa) payments to Medicaid RACs for identification and recovery of overpayments of the Act (e.g., the percentage of the contingency fee): The State attests that the contingency fee rate paid to the Medicaid RAC will not exceed the highest rate paid to Medicare RACs, as published in the Federal Register. _____ The State attests that the contingency fee rate paid to the Medicaid RAC will exceed the highest rate paid to Medicare RACs, as published in the Federal Register. The State will only submit for FFP up to the amount equivalent to that published rate. _____The contingency fee rate paid to the Medicaid RAC that will exceed the highest rate paid to Medicare RACs, as published in the Federal Register. The State will submit a justification for that rate and will submit for FFP for the full amount of the contingency fee. The following payment methodology shall be used to determine State payments to Medicaid RACs for the identification of underpayments (e.g., amount of flat fee, the percentage of the contingency fee): Section 1902 (a)(42)(B)(ii)(II)(bb) of the Act The Medicaid RAC will be paid an equivalent percentage contingency fee for the identification of underpayments. The State has an adequate appeal process in place for entities to appeal Section 1902 (a)(42)(B)(ii)(III) any adverse determination made by the Medicaid RAC(s). of the Act The State assures that the amounts expended by the State to carry out the program will be amounts expended as necessary for the proper and efficient administration of the State plan or a waiver of the plan. Section 1902 (a)(42)(B)(ii)(IV)(aa) of the Act The State assures that the recovered amounts will be subject to a State’s quarterly expenditure estimates and funding of the State’s share. Section 1902(a)(42)(B)(ii)(IV)(bb) of the Efforts of the Medicaid RAC(s) will be coordinated with other contractors Act or entities performing audits of entities receiving payments under the State plan or waiver in the State, and/or State and Federal law enforcement Section 1902 entities and the CMS Medicaid Integrity Program. (a)(42)(B)(ii)(IV)(cc) of the Act DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS DIVISION OF PUBLIC HEALTH Statutory Authority: 16 Delaware Code, Section 7906(e) (16 Del.C. §7906(e)) 16 DE Admin. Code 4455 ORDER 4455 Delaware Regulations Governing a Detailed Plumbing Code NATURE OF THE PROCEEDINGS: Delaware Health and Social Services (“DHSS”) initiated p roceedings to ad opt the State of Dela ware Regulations Governing A Detailed Plumbing Code. The DHSS proceedings to adopt regulations were initiated pursuant to 29 Delaware Code Chapter 101 and authority as prescribed by 16 Delaware Code, Chapter 79, §7906 (e). On December 1, 2010 (Volume 14, Issue 6), DHSS p ublished in the Delaware Regis ter of Regulations its notice of proposed regulations, pursuant to 29 Delaware Code Section 10115. It requested that written materials and suggestions from thepublic concerning the proposed regulations be deliveredto DHSS by December 31, 2010, o r b e p resented a t a pu blic he aring o n Decem ber 22 , 2 010, af ter which time the DHSS wou ld r eview information, factual evidence and public comment to the said proposed regulations. No oral comments were made at the public hearing and no written comments were received during the public comment p eriod. Th erefore, no evaluation o r sum marization of com ments is pr esented in th e acc ompanying “Summary of Evidence.” FINDINGS OF FACT: There were no public comments received. The Department finds that the proposed regulations, as set forth in the attached copy should be adopted in the best interest of the general public of the State of Delaware. THEREFORE, IT IS ORDERED , that the p roposed S tate of Delawa re Regulations Governing A D etailed Plumbing Code are adopted and shall become effective February 10, 2011, after publication of the final regulation in the Delaware Register of Regulations. Rita M. Landgraf, Secretary SUMMARY OF EVIDENCE In accordance with Delaware Law , public notices regarding pr oposed Dep artment of Health an d Social Services (DHSS) Regulations Governing A Detailed Plumbing Code were published in the Delaware State News, the News Journal and the Delaware Register of Regulations. The public comment period was open from December 1, 2010 through December 31, 2010. No comments were received on the proposed regulations during the public comment period and no changes have been made to the proposed regulations. Verifying documents are attached to the Hearing Officer’s record. The regulation has been approved by the Delaware Attorney General’s office and the Cabinet Secretary of DHSS. 4455 Delaware Regulations Governing a Detailed Plumbing Code 1.0 State of Delaware Plumbing Code These Regulations shall hereby be known as the “State of Delaware Plumbing Code”. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS 14 DE Reg. 37 (07/01/10) 2.0 Adoption of International Plumbing Code. The State of Delaware Plumbing Code adopts, as if fully set forth herein, “The International Plumbing Code 2009” as amended herein: 2.1 Amend Subsection 101.1 by deleting the subsection in its entirety. 2.2 Amend Subsection 101.2 by deleting the subsection in its entirety and by inserting in lieu thereof the following: “T he pr ovisions of this Code sha ll ap ply to the er ection, installation, alter ation, rep air, relocation, replacement, addition to, use or maintenance of plumbing systems within this jurisdiction.” 2.3 Amend Subsection 102.2 by deleting the subsection in its entirety and by inserting in lieu thereof the following: “The legal use and occupancy of any structure existing on the effective date of this Code, or for wh ich it had bee n h eretofore ap proved, ma y be con tinued wi thout chan ge exce pt as may b e specifically covered in this Code or deemed necessary by the Deputy Code Official(s) for the general safety and welfare of the occupants and the public. Exception: Except that upon change of permit holder in facilities and operations regulated by the Delaware Division of Public Health such systems shall comply with the requirements of this Code and applicable regulations promulgated and standards established by the Delaware Division of Public Health.” 2.4 Amend Subsection 102.4 by deleting the second paragraph in its entirety. 2.45 Amend Subsection 1 02.10 by deleting the wor ds “local, state or federal law” and inserting in lie u thereof the following: “the Delaware Code.” 2.56 Amend Subsection 104.1 by deleting the subsection in its entirety and by inserting in lieu thereof the following: “For the purpose of this document the term “Code Official” refers to the Secretary of the Delaware Department of Health and Social Services, or his/her designee. “Plumbing Inspectors” shall have such duties and powers as are enumerated in Title 16, Section 7907 of the Delaware Code and shall have the authority of a Deputy Code Official as referenced in Section 103.3 of this Code.” 2.67 Amend Subsection 10 6.6.3 b y adding thereto a new n umbered paragraph fo llowing nu mbered paragraph “3” to read as follows: “4. The State of Delaware Plumbing Code Office does not refund plumbing p ermit fe es.” Amend Subsection 10 6.1 by a dding a new sen tence at the end of the subsection paragraph to read as follows: “The Division of Public Health shall issue plumbing permits and a $100 fee shall be assessed for all plumbing permits issued by the Divisi on of Public Health. All revenue ge nerated sh all be r etained by th e Division of Pub lic Hea lth in order to de fray co sts associated with the plumbing inspection program.” 2.7.1 Amend Subsection 106 .2 by ad ding th ereto a new nu mbered p aragraph following nu mbered paragraph “2” to read as follows: “3. No permit or fee is required by the Division of Public Health for the replacement of an e xisting fixture, piece o f eq uipment o r re lated pipin g, includ ing b ut not limited to hot water heaters and water conditioning systems.” 2.7.2 Amend Subsection 106.2 by adding thereto a new numbered paragraph following paragraph “3” to read as follows: “4. The relocation of any plumbing fixture and related pipe requires a permit.” 2.7.3 Amend Subsection 106.2 by adding thereto a new numbered paragraph following paragraph “4” to read as follows: “5. Any new non potable fixture, piece of equipment, or system that connects to the potable water supply shall require a permit and shall meet the provisions of this Code.” 2.7.4 Amend Subsection 106.6.3 by adding thereto a new numbered paragraph following paragraph “3” to read as follows: “4. The Division of Public Health does not refund plumbing permit fees.” 2.78 Amend Subsection 108.1 by deleting the subsection in its entirety and by inserting in lieu thereof the following: “It shall be unlawful for any person to work as a licensed plumber in the State of Delaware unless such person has received a license from the Delaware Department of Administrative Services, Division of Professional Regulation, showing that said person has been duly licensed as a plumber, except as provided by Title 24, Section 1807(c) of the Delaware Code, and has a permit issued by the Delaware Division of Public Health. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS Exception: The hom eowner o f a single -family r esidence o ccupied, o r to b e occup ied b y the homeowner and not for sale, rent or lease, may perform plumbing work only on such residence itself or auxiliary structures, and in compliance with a permit issued by the Delaware Division of Public Health, or applicable authority, and in compliance with all provisions of these regulations.” 2.89 Amend Subsection 108.4 by deleting the subsection in its entirety and by inserting in lieu thereof the following: “Any person who shall violate any provisions of this Code, or shall fail to comply with the requirements thereof, or who shall install plumbing work in violation of an approved plan or directive of the Code Official or the Deputy Code Official(s), or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as provided by Title 16, Chapter 79 of the Delaware Code.” 2.910 Amend Subsection 108.5 by deleting the words: “shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars” as it appears therein and inserting in lieu thereof the following: “shall be subject to penalties as provided by Title 16, Chapters 1 and 79 of the Delaware Code.” 2.1011 Section 202 General Definitions 2.1011.1 Amend Section 202 by adding thereto a new definition after the definition “Leader” and before the d efinition “L ocal Ve nt Sta ck” to r ead as fo llows: “ Licensed Plumbe r. A person who has complied with the provisions of the Delaware Division of Professional Regulation and the Board of Plumbing Exa miners, and has fur ther met th e certification, testing, bo nding, an d licensing requirements of the ju risdiction in which he/she plans to engage in the business of plumbing. A Licensed Plu mber sha ll be r ecognized a s b eing responsible fo r a ll wo rk pe rformed und er a plumbing permit issued by the Delaware Division of Public Health.” 2.1011.2 Amend Section 202 by ad ding thereto a new de finition after the definition “ Soil Pipe ” and before the definition “ Spillproof Vacuum Breaker” to r ead as fo llows: “Solvent cement. The sealant used to connect pipes and fittings. This Code prohibits the use of all purpose glue in any reference to solvent cement.” 2.1011.3 Amend Section 202 by adding thereto a new definition after the definition “Sump Vent” and before the definition “Supports” to read as follows: “Supervision of Work. Work completed under the pe rmit of a licensed plu mber wh ile em ployed by th e lice nsed p lumber, or th e sa me f irm, partnership, corporation, or owners of the company as the licensed plumber.” 2.11.4 Amend Section 202 by amending the definition of “Building Drain” by deleting the reference “30” between the words “extends” and “inches” and replacing with the words “5 feet”.” 2.1112 Amend Subsection 305.6.1 by deleting the subsection in its entirety. 2.1213 Amend Subsection 3 12.3 b y ad ding ther eto af ter the last s entence the following: “In lieu of the presence of the Deputy Code Official witnessing the test, the Licensed Plumber may certify in writing upon a prescribed formthat the plumbing system piping is in accordancewith Section 312 of these regulations. This shall be applicable between November 1 and April 1 of each calendar year.” 2.1314 Amend Subsection 312.4 by deleting the subsection in its entirety. 2.1415 Amend Subsection 404.1 by deleting the subsection in its entirety and by inserting in lieu thereof the following: “All regulations pertaining to handicapped facilities in the International Plumbing Code will be governed by the most recent edition of the “American National Standards Institute (ANSI).” 2.1516 Amend Section 407 by adding thereto a new subsection after subsection 407.4 to read as follows: “407.5 Ov erflow dev ices. Ove rflow de vices o n all ba thtubs shall b e eva luated by th e Divisio n of Public Health on a case by case basis.” 2.1617 Amend Subsection 502.1 by adding thereto after the last sentence the following: “The first 12 inches of both hot and cold water lines shall be thermally rated for maximum water temperature produced by the hot water heater.” 2.1718 Amend Subsection 504.6 by adding thereto a new numbered paragraph after numbered paragraph “13” to r ead as follows: “14. The discharge valve shall be equipped with an approved heat transfer fitting or metallic pipe.” 2.1819 Amend Table 604 .3 by ad ding th ereto in th e secon d ro w, fir st colum n, af ter th e wor ds “Ba thtub, balanced-pressure, th ermostatic o r combination balanced pressure/thermostatic mixing valve” the following: “for hand held shower fixtures.” DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS 2.1920 Amend Table 605.3 by deleting in the parenthetical in the seventh row, first column after the words “Copper or copper-alloy tubing” the letters “M” and “WM”. 2.2021 Amend Table 605.4 by deleting in the parenthetical in the fifth row, first column after the words “Copper or copper-alloy tubing” the letters “M” and “WM”. 2.2122 Amend Subsection 605.16.2 by adding thereto after the words “above or below ground” the following sentence: “The use of all purpose glue is prohibited.” 2.2223 Amend Subsection 607.3 by adding thereto after the words “in accordance with Section 607.3.1 and 607.3.2” the fo llowing: “ All pu blic water inst allations shall b e r equired to have a n e xpansion t ank installed.” 2.2324 Amend Subsection 60 8.3 by adding th ereto a n ew su bsection a fter s ubsection 608.3.1 t o r ead: “608.3.2 Special eq uipment, water sup ply pro tection. There shall b e su fficient sp ace a round special equipment for accessibility.” 2.2425 Amend Subsection 903.2 by adding thereto after the first sentence the following sentence: “The stack shall be no less than 2 inches in diameter.” 2.2526 Amend Subsection 903.3 by deleting the words “or to a stack-type air admittance valve in accordance with Section 917.” 2.2627 Amend Subsection 912.1 by deleting the last sentence in its entirety. 2.2728 Amend Subsection 917 .1 by adding th ereto af ter the last se ntence the following: “Air ad mittance valves shall be approved by the Deputy Code Official prior to use or installation.” 2.2829 Amend Section 919 by deleting the section in its entirety. 2.2930 Amend Subsection 1003.3.4 by adding thereto in the last sentence after the words “shall be installed in accordance with the manufacturer’s instructions” the followin g: “or be otherwise approved by the Code Official.” 2.3031 Amend Chapter 12 by deleting the Chapter in its entirety. 14 DE Reg. 37 (07/01/10) 3.0 Miscellaneous Provisions 3.1 Procedures for License. Every person desiring to register as a plumber engaged in the business of plumbing in the State of Delaware shall file an application with the Delaware Division of Professional Regulation. 3.2 Variances 3.2.1 Permission for a variance. Upon receipt of a written application for a variance, the Deputy Code Official may recommend granting written permission to vary from particular provisions set forth in these Regulations, when the extent of the variation is clearly specified and it is documented to the Secretary of the Delaware Dep artment o f Health a nd Social Se rvices or h is/her appointed designee’s satisfaction that: 3.2.1.1 Such variation is necessary to obtain a beneficial use of an existing facility; 3.2.1.2 The variation is necessary to prevent a practical difficulty or unnecessary hardship; and 3.2.1.3 Appropriate alter native measures ha ve be en taken to pr otect th e he alth an d safety of the public and assure that the purpose of the provisions from which the variation is sought will be observed. 3.2.2 Time for recommendation. Within thirty (30) business days of the receipt of a written application for a variance, the Deputy Code Official shall recommend either: granting the variance, denying the variance or requesting further information from the applicant. 3.2.3 Appeal of denial. If the applicant has been denied a variance upon the recommendation of the Deputy Code Official, the applicant may appeal the decision by filing a written Notice of Appeal to the Secretary of the Delaware Department of Health and Social Services, or his/her designee. 14 DE Reg. 37 (07/01/10) DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS 4.0 Special Provisions Regarding Plumbing For Food Establishments 4.1 Scope. Thes e S pecial Provis ions s hall be followed in add ition to an d shall n ot supersede the International Plumbing Code, the Delaware Food Code or these Regulations. 4.2 Use of Licensed Plumber. All plumbing shall be installed by a licensed plumber under a valid, current plumbing permit in accordance with these Regulations. 4.3 Water Supply and Sewage Disposal 4.3.1 No further evaluation. Water Supply and Sewage Disposal Fa cilities served by a public water supply and sewage system do not require further evaluation. 4.3.2 Private well s. Private wells must comply with ch emical an d bacter iological stan dards; a satisfactory analysis is required before an operating permit may be issued. 4.3.3 Individual systems. Individual sewage disposal systems require the approval of the Department of Natural Resources and Environmental Control prior to operating the food establishment. 4.4 Backflow Prevention 4.4.1 Air gap, supply. An air gap between the water supply and the flood rim level of the plumbing fixture, equipment, or nonfood equipment shall be at least twice the diameter of the water supply inlet and may not be less than 25 mm (1 inch). (See also DE Food Code, §5.202). 4.4.2 Air gap, drainage. A direct connection may not exist between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed, except that this r equirement does no t a pply to floor d rains that o riginate in r efrigerated spaces tha t are constructed as an integral part of the building, and except that this requirement does not apply to a warewashing machine with a direct connection between its waste outlet and a floor drain when the machine is lo cated within 1.5 m ( 5 fee t) of a trapped flo or dr ain a nd th e ma chine outlet is connected to the inlet side of a properly vented floor drain trap. Equipment and fixtures utilized for the storage, preparation and handling of food shall discharge through an indirect waste pipe by means of an air gap. (See also IPC2009 § 802.1.1). 4.4.3 Floor drains. Floor drains located within walk-in refrigerators or freezers in food establishments shall be indirectly connected to the sanitary drainage system by means of an air gap except as allowed in IPC2009 § 2.24.3.2. (See also IPC2009, § 802.1.2) 4.4.4 Backflow pre vention de vice. A ba ckflow or ba ck sipho nage p revention d evice installed on a water supply system shall meet American Society of Sanitary Engineering (ASSE) standards for construction, ins tallation, ma intenance, inspection, an d testing for that sp ecific app lication and type of device. (See also DE Food Code, § 5-202.14). 4.4.5 Plumbing fixtures. The supply lines or fittings for every plumbing fixture shall be installed so as to prevent backflow. Plumbing fixture fittings shall provide backflow protection in accordance with ASSE A112.18.1. (See also IPC2009, § 608.2). 4.4.6 Devices, a ppliances. All d evices that con nect to th e water sup ply shall be provided with protection a gainst backflow. Th is in cludes devices used for food pr eparation an d pro cessing, steamers, the storage of ice or food, warewashing machines, and other food service equipment. (See also IPC2009, § 608.3) 4.4.7 Hose connections. Sillcocks, hose bibs, wall hydrants and other openings with a hose connection shall be pr otected by an atmospheric-type or pr essure-type vacuum br eaker or a permanently attached hose connection vacuum breaker. This subsection does not apply to water heater drain valve or clothes washing machines. (See also IPC2009, § 608.15.4.2). 4.4.8 Beverage dispensers. The water supply connection to carbonated beverage dispensers shall be protected against backflow by a backflow preventer co nforming to ASSE 1022 or by an air gap. The portion of the backflow preventer device downstream from the second check valve and the piping downstream therefrom shall not be affected by carbon dioxide gas. (See also IPC2009, § 608.16.1). 4.5 Utility Service Installation DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS 4.5.1 Installation location. Utility lines including gas , plumbing and electrical shall be installed inside walls, above ceilings or below floors whenev er structurally practic al, and in acc ordance with applicable code requirements. 4.5.1.1 Front of wall lines. If lines are run in front of walls, lin es shall be inst alled wit h s tand-off brackets or other secure mounting method, such that a minimum clearance of one inch (1”) exists between line and wall. 4.5.1.2 No floor i nstallation. Expos ed horizont al utility serv ice, including water supply and drai n lines, may not be installed on the floor. 4.6 Joint Sealing 4.6.1 Joint sealing. Joints formed by fixt ures in co ntact with wa lls or floors sh all be seale d with an approved sealant. Where installation does not allow access for cleaning, fixtures shall be sealed to walls or adjoining equipment. Where not structurally practical, a minimum gap of one inch (1”) shall exist between the fixture and walls or adjoining equipment. 4.7 Toilet Facilities 4.7.1 Number required. At least one (1) toilet and not fewer than the toilets required by law shall be provided. If authorized by law and urinals are substituted for toilets, the substitution shall be done as specified by law. (See also DE Food Code, § 5-203.12). 4.7.2 Handwashing facility. A handwashing facility shall be located in, or immediately adjacent to, toilet rooms. (See also DE Food Code, § 5-204.11). 4.7.3 Toilet room. A toilet room shall be completely enclosed and provided with a tight-fitting and self- closing door, except that this requirement does not apply where a toilet room is located outside a food establishment and does not open directly into the food establishment such as a toilet room that is provided by the management of a shopping mall. (See also DE Food Code, § 6-202.14). 4.7.3.1 Location. Toilet rooms shall be conveniently located and accessible to employees during all hours of operation (See also DE Food Code, § 6-402-11). 4.8 Sinks 4.8.1 Water supply. All sinks shall be supplied with hot and cold running water under pressure. 4.8.2 Splashguard Dividers. Where less than 18 inches lateral separation exists between sinks and adjacent fixtures, fo od co ntact surfaces o r o pen sto rage shelving, a sp lashguard d ivider constructed of a material which is durable, easily cleanable, non-toxic and impervious to moisture shall be installed; such divider may be wall-attached or fixture-attached, and shall extend outward to the leading edge of the sink and extend vertically a minimum of 18 inches above the level plane of the sink bowl. 4.8.3 Handwashing sinks. These fixtures, when located in food preparation, food dispensing, beverage dispensing (including bar service area), food storage and warewashing areas, must be certified or classifiedunder an approved industry standard for food equipment,such as NSF International, ETL Sanitation, UL for Sanitation, BISSC, or equivalent. 4.8.3.1 Separate sink required. A separate, single-compartment handwashing sink is REQUIRED in food pr eparation, food d ispensing, an d war ewashing ar eas; a nd in , o r im mediately adjacent to, toilet rooms. Handsinks shall be installed within 25 travel feet within a direct line access of each primary work location. 4.8.3.2 Temperature. Tempered water temperature at a minimum of 100oF and a maximum of 110oF, delivered through a mixing valve or combination faucet, is REQUIRED. 4.8.3.3 Faucets. If ins talled, self-closing, s low-closing, or mete ring fa ucets shall p rovide a flow of water for at least 15 seconds without the need to reactivate the faucet. 4.8.3.4 No other purpose. A handwashing sink may not be used for any other purpose. 4.9 Food Preparation Sinks 4.9.1 Food preparation sinks. Any sink in which food is washed or thawed under running water as part of th e fo od preparation pr ocess must be certified o r classified u nder an ap proved ind ustry DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS standard for food equipment, such as NSF International, ETL Sanitation, UL for Sanitation, BISSC, or equivalent. 4.9.2 No disposal. A food preparation sink may not be used for disposal of mop water or liquid wastes. 4.9.3 Required indirect drain line. An indirect drain line connection through an air-gap is REQUIRED. 4.9.4 Grease trap connection. Connection to a properly sized grease trap is REQUIRED. 4.9.5 Multiple compartments. If a food preparation sink has two or more compartments, a separate wasteline con nection fro m ea ch sink co mpartment through a n a ir gap into a floor sink is REQUIRED. 4.10 Warewashing Sinks 4.10.1 Industry standard. Warewashing sinks must be certified or classified under an approved industry standard for food equipment, such as NSF International, ETL Sanitation, UL for Sanitation, BISSC, or equivalent. 4.10.2 Three compartments. A sink of at least three separate compartments with covered corners and integral drainboards at each en d shall be provided for manually washing, rinsing and sanitizing equipment an d utensils. Each sink co mpartment shall be lar ge en ough to a ccommodate the immersion of the largest equipment item or utensil. A chemical test kit that matches the type of sanitizing agent in use is required in the warewashing area. 4.10.3 No handwashing or disposal. A warewashing sink may not be used for handwashing or disposal of liquid wastes. 4.10.4 Grease trap connection. Connection to a properly sized grease trap is REQUIRED. 4.10.5 Alternative u se p rovision for wa rewashing sink . If the warewas hing sink will be us ed for washing or thawing food, a separate wasteline connection from each sink compartment through an air-gap into a floor sink is REQUIRED. The installation of a properly sized grease trap downstream of the floor sink is REQUIRED. Alternative use of a warewashing sink for food preparation requires prior approval from the Delaware Division of Public Health. 4.11 Service Sinks (for use as a janitorial sink, utility sink or mop sink) 4.11.1 Installation location. Wherever practical, fixture service sink must be installed outside of the food preparation, food dispensing, food storage and warewashing areas. 4.11.2 Industry s tandard. Se rvice sinks, when located in foo d p reparation, fo od d ispensing, food storage and wa rewashing are as, must be cer tified or classifie d un der an app roved ind ustry standard for food equipment, such as NSF International, ETL Sanitation, UL for Sanitation, BISSC, or equivalent. 4.11.3 Minimum number required. A minimum of one service sink or receptor is REQUIRED on each floor level of food operations. This fixture may be a sink or a curbed receptor. 4.11.4 Dual use. The dual use of a utility sink as a handwashing sink is not approved in new construction, conversion of a structure to a food establishment, nor remodeling of an existing facility. 4.11.5 Grease trap connection. Connection to a grease trap is not required. 4.12 Prewash Sinks. 4.12.1 Industry st andard. Pre wash sin ks mu st be cer tified or cla ssified under a n ap proved ind ustry standard for food equipment, such as NSF International, ETL Sanitation, UL for Sanitation, BISSC, or equivalent. 4.12.2 Grease trap connection. Connection to a properly sized grease trap is REQUIRED. 4.12.3 Food waste grinder. If a food waste grinder is installed on fixture prewash sink, the grease trap must be designed and rated for such application, or a solids interceptor is required upstream of the grease trap. 4.13 Mechanical Warewasher 4.13.1 Industry standard. Mechanical warewashers must be certified or classified under an approved industry stan dard for food eq uipment, su ch as N SF International, ETL Sanitation, U L for Sanitation, or equivalent. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS 4.13.2 Warewashing machine. A warewashing machine, using hot water or a chemical rinse to sanitize, may be installed. Large cookware which does not fit into the machine must be sanitized in a three compartment sink. Facilities without a three compartment sink w hose warewashers are found functioning impr operly m ay be dir ected to tem porarily clo se un til the ma chine is r epaired. If a chemical sanitizing agent is used, a test kit that matches the chemical sanitizing agent is required. 4.13.3 Grease tra p connection. Connection to a grease trap is NOT APPROVED due to high temperature, pressure and detergents. 4.13.4 Indirect drainline connection. An indirect drainline connection through an air-gap is REQUIRED. (See paragraph below for alternative installation provision.) 4.14 Alternative Installation Provision 4.14.1 Alternative installation provision for mechanical warewasher. If a pproved by the Delaware Division of Public Health, a direct drainline connection may be installed if the machine wastewater outlet is located within five feet of a properly trapped vented floor drain and the machine outlet is connected to the inlet side of the same properly vented floor drain trap. 4.15 Water Heater 4.15.1 Hot water supply. The water heater shall be sized to provide hot water as required to supply both the continuous requirements and the hourly peak demands of the fac ility. The continuous and hourly demands are based on the type of equipment and number of fixtures consuming hot water as required for food operations. 4.15.2 Total availability. The total hot water availability in gallons per hour (gph) from a water heater is the sum of the unit storage capacity plus the recovery rate at a 100×F rise. 4.15.3 Minimum storage capacity. A fuel-fired (gas or oil) water heater in a food establishment shall have a minim um sto rage capa city of thirty (3 0) gallons; an electric water hea ter shall ha ve a minimum storage capacity of forty (40) gallons. Storage capacities larger than the minimum shall be required, based on the type of equipment and number of fixtures consuming hot water. 4.16 Grease Trap 4.16.1 Sizing. The grease trap must be sized in accordance with PDI standard G101. 4.16.2 Grease trap connection. Connection to a properly sized grease trap is REQUIRED for all fixtures that discharge grease-laden waste, e.g. warewashing sinks, food prep sinks, pre-wash sinks for warewashers, woks, and other cooking equipment. 4.16.3 Sizing procedures. Follow these procedures for sizing a grease trap to a specific fixture: 4.16.3.1 Determine the liquid volume of the fixtu re in cubic inche s (cu in) draining to the g rease trap. 4.16.3.2 Determine the liquid capacity of the fixture in gallons (gal). 4.16.3.3 Determine the actual drainage load (75% of fixture capacity). 4.16.3.4 Determine the unit flow rate minimum for drainage period of 2 minutes. 4.16.3.5 Determine the unit liquid holding capacity minimum (40% of fixture capacity). 4.16.3.6 Select a unit corresponding to minimum unit flow rate and liquid holding capacity. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS Table 4.16.3a EXAMPLE OF SIZING FOR GREASE TRAP SELECTION Select a grease trap for a three compartment warewashing sink with bowl dimensions of 18” W x 24” L x 12” D 1. Volume = (18in x 24in x 12in) x 3 cmpts = (5,184 cu in) x 3 = 15,552 cubic inches 2. Capacity = Volume (cu in) / 231 (cu in/gal) = 15,552 / 231 = 67.3 gallons 3. Drainage load = 67.3 gal x 0.75 = 50.4, or approx. 50 gallons 4. Unit flow rate minimum = 50 gallons / 2 minutes = 25 gallons per minute (gpm) Unit liquid holding capacity minimum = 67.3 x 0.40 = 26.9 gallons 5. Select a grease trap with a minimum flow rate equal to or greater than 25 gpm The selected trap also must have a minimum liquid holding capacity of 26.9 gal. Table 4.16.3b GREASE TRAP SIZING FOR TYPICAL SINK INSTALLATIONS Bold column at far right applies P DI G101 formula to calculate minimum required grease trap flow rate in gallons per minute (gpm). Width (in) Len gth (in) Dep th (in) Volume (cuin) Volume (gal) No o f cmpts Total v ol (gal) Working vo l (75%) Min F low Rate (gpm) W L D W x L x D = Vc Vc / 231 = Vg #C Vg x #C = Vtg Vtg x 0.75 = Vw Vw / 2min = MFR 16.0 19.0 10.5 3192 13.8 1 2 3 13.8 27.6 41.5 10 21 31 5 10 16 16.0 19.0 13.5 4104 17.8 1 2 3 17.8 35.5 53.3 13 27 40 7 13 20 16.0 20.0 14.0 4480 19.4 1 2 3 19.4 38.8 58.2 15 29 44 7 15 22 18.0 20.0 14.0 5040 21.8 1 2 3 21.8 43.6 65.5 16 33 49 8 16 25 18.0 24.0 12.0 5184 22.4 1 2 3 22.4 44.9 67.3 17 34 50 8 17 25 20.0 20.0 16.0 6400 27.7 1 2 3 27.7 55.4 83.1 21 42 62 10 21 31 22.0 24.0 16.0 8448 36.6 1 36.6 27 14 DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 822 FINAL REGULATIONS 24.0 24.0 16.0 9216 39.9 2 3 1 2 3 73.1 109.7 39.9 79.8 119.7 55 82 30 60 90 27 41 15 30 45” 9 DE Reg. 786 (11/01/05) 14 DE Reg. 37 (07/01/10) DIVISION OF PUBLIC HEALTH Statutory Authority: 16 Delaware Code, Section 122(3)u.1 (16 Del.C. §122(3)u.1) ORDER 4458 State of Delaware Food Code Regulations (2011) NATURE OF THE PROCEEDINGS Delaware Health and Social Services (“DHSS”) initiated proceedings to adopt the 2011 State of Delaware Food Code. The DHSS proceedings to adopt regulations were initiated pursuant to 29 Del.C. Ch. 101 and authority as prescribed by 16 Del.C. §122 (3) u.1. (e). On December 1, 2010 (Volume 14, Issue 6), DHSS p ublished in the Delaware Register of Regu lations its notice of proposed regulations, pursuant to 29 Del.C. §10115. It requested that written materials and suggestions from the public concerning the proposed regulations be delivered to DHSS by December 31, 2010, or be presented at a public hearing on December 21, 2010, after which time the DHSS would review information, factual evidence and public comment to the said proposed regulations. No oral comments were made at the public hearing and no written comments were received during the public comment p eriod. Th erefore, no evaluation o r sum marization of com ments is pr esented in th e accompanying “Summary of Evidence.” Letters of endorsement were received from the Food and Drug Administration, Center for Food Safety and Applied Nutrition, and from Mr. Ciro C. Poppiti, Esquire, a food and beverage attorney “who represents dozens of restaurants throughout the state”. FINDINGS OF FACT There were no public comments received. The Department finds that the proposed regulations, as set forth in the attached copy should be adopted in the best interest of the general public of the State of Delaware. THEREFORE, IT IS ORDERE D, that the proposed 2011 State of Delaware Food Code is adopted and shall become ef fective F ebruary 10 , 2 011, af ter pu blication of the fina l re gulation in the De laware Register of Regulations. RITA M. LANDGRAF, SECRETARY DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS SUMMARY OF EVIDENCE In accordance with Delaware Law , public notices regarding pr oposed Dep artment of Health an d Social Services (DHSS) 2011 State of Delaware Food Code were published in the Delaware State News, the News Journal and the Delaware Register of Regulations. The public comment period was open from December 1, 2010 through December 31, 2010. No comments were received on the proposed regulations during the public comment period and no changes have been made to the proposed regulations. Verifying documents are attached to the Hearing Officer’s record. The regulation has been approved by the Delaware Attorney General’s office and the Cabinet Secretary of DHSS. 4458 State of Delaware Food Code Regulations (2011) 1.0 State of Delaware Food Code 1.1 Name. These Regulations shall hereby be known as the “State of Delaware Food Code”. 1.2 Effective Date. The State of Delaware Food Code shall be effective (to be determined). 1.3 Prior Regulations Repealed. All current or previous regulations or parts of regulations in conflict with this State of Delaware Food Code are hereby repealed. 1.4 Location. A copy of the comp lete State of Delaware Food Code is available for public view at the following locations: 1.4.1 Jesse S. Cooper Building, 417 Federal St, Dover DE 19901 1.4.2 http://dhss.delaware.gov/dhss/dph/hsp/files/99fdcodetoc.pdf 1.5 Severability. Sh ould an y p art, s ub-part, s ection, p aragraph, se ntence or p hrase o f t his State o f Delaware Fo od Code b e d eclared un constitutional or in valid by a ny comp etent authority, the remainder of this Code shall not be affected in anyway. 2.0 Adoption of United States Public Health Service 2009 Food Code 2.1 The State of Delaware Food Code ad opts, as if fully set forth herein, the “United States Public Health Service 2009 Food Code” excluding Annex 1 through Annex 7, as amended herein: 2.1.1 Amend Subpart 1-101.10 by inserting th e wo rds “ State of Delaware” be fore the wo rds “F ood Code” and after the words “as the”. 2.1.2 Amend Subpart 1-102.10 by deleting the subpart in its entirety and by inserting in lieu thereof the following, “The purpose of this Code is to safeguard public health, reduce the risk of foodborne illness and provide to consumers food that is safe, unadulterated and hones tly presented. The purpose is also to regulate, within the State of Dela ware, the production, transportation, storage, processing, handling, preparation and consumer service of hum an food; the inspections of food establishments; the issuing and revocation of permits to food establishments; and the application of compliance and enforcement procedures. 2.1.3 Subpart 1-201.10(B) Terms Defined 2.1.3.1 Amend Subpart 1 -201.10(B) by a dding thereto a ne w de fined term af ter the de fined ter m “Prior Fo undation Item” an d b efore the de fined ter m “ Public water system ” to re ad as follows: “Private” means a use or function that is intended for a particular individual or group, such as a celebration of a birthday, wedding, anniversary or funeral, and that is not intended for consumers as members of the general public. 2.1.3.2 Amend Subpart 1-201.10(B) by deleting the definition for “Regulatory authority” and inserting in lieu thereof the following: “Regulatory aut hority” means the Secretary, Delaware Health and Social Services, or his/her authorized representative. 2.1.4 Amend Subpart 8-405.11(B) by deleting the number “10” as it appears therein and inserting in lieu thereof the following number: “7”. 2.1.5 Amend Chapter 8 by adding thereto a new part “8-6” to read as follows: DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS “8-6 Enforcement Procedures 8-601 Re-inspection Fee 8-601.10 Fee Assessment and Failure to Pay (A) A r e-inspection fe e sha ll be assesse d u nder o ne or more o f the followin g circumstances: (1) Priority (P) or Priority Foundation (Pf) violations are shown to exist during a follow- up inspection. (2) Core (c) violations are shown to exist on successive routine inspections. (3) A complaint inspection requires a follow-up inspection to confirm compliance. (4) An inspection is required to determine compliance with the terms of a corrective action plan or an administrative hearing. (5) An inspection to determine the proper posting of a valid permit. (6) Any other follow-up inspection deemed necessary by the Regulatory Authority to determine compliance with this Code. (B) The fee sha ll be th at re quired by Ch apter 1, Section 1 34 o f T itle 16 of the Delaware Code. (C) Failure to p ay the re -inspection fe e, as specified, shall resu lt in the automatic suspension of the pe rmit to op erate a foo d e stablishment. T he permit sha ll remain suspended until the Regulatory Authority receives full payment of all fees. 8-602 Administrative Action 8-602.10 General If the Regulatory Authority determines that a food establishment is operating without a valid permit; that one or more conditions exist which r epresent an Immin ent Health Hazard; or that serious violations, repeat violations, or general unsanitary conditions are found to ex ist, administrative ac tion may occur. Administrative action will be conducted in accordance with the law. (A) Operation without a Permit (1) Immediate Closure Order. If a food establishment is fou nd operating without a valid per mit as r equired b y sub part 8 -301.11 o f this Cod e, th e Reg ulatory Authority shall order the facility immediately closed. (2) Notice of Closure. The closure shall be effective upon receipt of a written notice by the person in charge of the food establishment or an employee of the food establishment. A closure notice statement recorded on the inspection report by the representative of the Regulatory Authority constitutes a written notice. (3) Duration of Clo sure. T he foo d e stablishment shall r emain closed un til a per mit application, app licable fees a nd any r equired pla ns ha ve be en re ceived a nd approved by the Regulatory Authority. (B) Imminent Health Hazard(s) (1) Permit Suspension without Hearing. If some condition is determined to exist in a food establishment which presents an imminent health hazard to the public, the Regulatory Authority may suspend the operating permit of the food establishment without a prior hearing. The suspension shall be effective upon receipt of written notice by the person in charge of the food establishment or an employee of the food establishment. A suspension statement recorded on the inspection report by the Regulatory Authority constitutes a written notice. (2) A permit issued pursuant to subpart (1) shall not be suspended for a period longer than te n ( 10) g overnment bu siness da ys without a hearing. F ailure to ho ld a hearing within the ten (10) government business day period shall automatically terminate the suspension. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS (3) Hearing Request. The permit holder of the food establishment may request, in writing, a hearing before the Regulatory Authority at any time during the period of suspension, for the purpose of demonstrating that the imminent health hazard(s) no longer exist. The request for hearing shall not stay the suspension. (C) Serious Violations, Repeat Violations and General Unsanitary Conditions. When conditions exist in a fo od establishment that represent serious violations, repeat violations or general unsanitary conditions, the Regulatory Authority may initiate a corrective action plan or schedule a hearing. 8-603 Agency Emergency Actions 8-603.10 Examination of Food. Food may be exam ined or samp led b y th e Reg ulatory Autho rity as of ten as necessary for enforcement of this Code. 8-603.20 Wholesome and Free from Spoilage. All food shall be wholesome and free from spoilage. Food that is spoiled or unfit for hum an co nsumption sha ll not be ke pt on th e pr emises. Th e est ablished administrative pr ocedures for the im plementation and enforcement of the provisions of Chapter 33 of Title 16 of the Delaware Code, relating to the embargo of misbranded or ad ulterated food , an d p enalties sha ll be a pplicable to this subpart. 8-604 Penalties 8-604.10 Operation in Violation of Code. Any person (or responsible officer of that person) who violates a provision of this Code, and any person (or responsible officer of that person) who is the holder of a permit or who otherwise operates a food establishment that does not comply with the requirements of this Code shall be subject to the provisions of Section 107 of Title 16 of the Delaware Code. 8-604.20 Refusal, Failure or Neglect t o Comp ly wit h Orde r of t he Regulatory Authority. Any person (or responsible officer of that person) who violates a provision of this Code, and any person (or responsible officer of that person) who is the holder of a permit or who o therwise operates a foo d e stablishment that r efuses, fails or neglects to comply with an order of the Regulatory Authority shall be subject to an administrative penalty of not less than $100 and not more than $1,000, together with costs. 8-604.30 Injunction. The Regulatory Authority may seek to enjoin violations of this Code. 8-604.40 Public Notification. A placa rd, as pr ovided by the Division , shall be pr ominently displaye d at all entrances of food establishments that have failed to obtain a va lid permit or ha ve a permit that is suspended, revoked, or expired. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS DIVISION OF SOCIAL SERVICES Statutory Authority: 31 Delaware Code, Chapter 5, §512 (31 Del.C., Ch. 5, §512) ORDER Delaware Temporary Assistance for Needy Families (TANF) Employment and Training Program NATURE OF THE PROCEEDINGS: Delaware He alth an d S ocial Se rvices (“ Department”) / Division of Soc ial Serv ices in itiated p roceedings to provide information of public interest with r espect to the De laware TANF Employment and Training Program regarding Mandatory Participants. The Department’s proceedings were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512. The Department published its notice of public comment pursuant to 29 Delaware Code Section 10115 in the December 2010 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by December 31, 2010 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations. SUMMARY OF PROPOSED CHANGE The proposed change described below amends Delaware’s Temporary Assistance for Needy Families (TANF) Employment and Training (E & T) Program policies in the Division of Social Services Manual (DSSM) regarding Mandatory Participants. This change clarifies the rules for parents accessing the right to be exempted from TANF E & T requirements when the parent is caring for their child who is less than 12 months old and the parent is a single custodian parent. The Code of Federal Regulations (CFR) at 45 CFR §261.2 (n)(2)(i)) gives States the option to exempt parents caring for a child under 12 months of age for up to 12 months in the lifetime of the parent. The policy change eliminates the opportunity for parents with this exemption to volunteer to participate in E&T but maintains access to the E&T programs through mandatory participation. Statutory Authority 45 CFR §261.2(n)(2)(i), What definitions apply to this part? 45 CFR §§261.22(c)(1) and (c)(2), How will we determine a State’s overall work rate? Summary of Proposed Change Effective February 1, 2010, single custodian parents caring for a child under 12 months of age will be exempted from employment and training for up to a lifetime limit of 12 mo nths. Single custodian caretakers are automatically granted an exemption from employment and training if months within their lifetime limit are available. This rule change allows a parent to request not to be exempted and to be mandatory for employment and training activities. Once a parent is mandatory she or he may not return to exempted status. A parent who is mandatory for employment and training will become exempted from E&T activities if a new biological/step/or adoptive child under 12 months of age enters the home. The proposed changes affect the following policy sections: DSSM 3006.1, Mandatory Participants DSSM 3006.2, TANF Employment and Training Participation and Participation Rates DSSM 300 6.2.1, TANF Employment a nd T raining Pa rticipants Wh o Co unt for T ANF Par ticipation According to the Provisions of Delaware’s Temporary Assistance for Needy Families. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS SUMMARY OF COMMENTS RECEIVED WITH AGENCY RESPONSE AND EXPLANATION OF CHANGES The Governor’s Advisory Council for Exceptional Citizens (GACEC) and the State Council for Persons with Disabilities (SC PD) of fered the follo wing obs ervations and recommendations summarized below . DS S has considered each comment and responds as follows: As background, under the TANF program, most participants are required to engage in employment or training activities. By federal regulation, states are given the option of exempting parents of children under 12 months of age. The current DSS regulation [16 DE Admin Code 3006.1A] establishes such an exemption. DSS proposes to amend the regulation to explicitly authorize parents of children under 12 months of age to waive the exemption. GACEC and SCPD have the following observations. First, DSS m ay wish to check the reference to 45 C.F.R. §261.2(n)(2)(i) at the beginning of Section 3006.1. Consistent with the attachments, the correct reference may be 45 C.F.R. §261.22(c)). Second, the Councils have previously promoted offering E&T-exempt participants the option of participating in the program on a volun tary basis. See discussion at 12 DE Reg. 793, 794 (December 1, 2008). The last two sentences in existing Section 3006.1 already recite that exempt individuals can volunteer to participate in the E&T program. The proposed amendments to §3006.1A provide some specific standards to implement this option in the context of parents of children under 12 months of age. The standards are prescriptive and require participants to meet E&T standards with in 1 4 calendar d ays of waiv ing the exem ption or face sanctions. Th e “Summary of Proposed Change” section also notes that participants cannot “opt in and out”: “Once a parent is mandatory she or he may not return to exempted status.” We recommend that DSS reconsider this ap proach in favor of allowing withdrawal of a waiver for good cause. Changed circumstances may affect a new parent’s ability to care for a baby and participate in E&T activities. For example, relatives who agreed to provide free child care may change their mind. Th e baby may d evelop a chr onic ill ness or fre quent sicknesses pr ompting the need fo r u nanticipated parental involvement. Agency Response: In regards to your recommendations regarding proposed regulations, as suggested the reference in the existing policy 3006.1 will be updated to reference the work-eligible definition at 45 CFR §261.2 (n) and the States’ option to not mandate participation of a single parent caring for a child less than 12 months olds at 45 CFR §261.22(c). Additionally, your agency recommended that DSS allow parents the opportunity to become exempt from work requirements following the waiver of their exemption if good cause exists. The TANF program currently con siders the cir cumstances described in yo ur le tter fo r all ma ndatory emp loyment and tra ining participants. In the case of extended illness of a child, parents may be exempted from employment training if they provide verification from a healthcare provider that they are needed in the home to care for a child. Additionally, every TANF recipient may receive up to 2 absent days a month to accommodate short term crisis situations. Finally, in add ition to st ate fun ded child ca re services, TANF r ecipients can arrange to comp lete som e job readiness assignments at home if a short term circumstance arises that prevents the participant from attending the program. Given these safeguards it is the Division’s belief that the supports needed to address short term crises are currently available to all recipients. FINDINGS OF FACT: The Department finds that the proposed changes as set forth in the December 2010 Register of Regulations should be adopted. THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Delaware TANF Employment and Training Program policies reg arding Mandatory Participants is adopted and shall be final effective February 10, 2011. Rita M. Landgraf, Secretary, DHSS DSS FINAL ORDER REGULATIONS #11-03 REVISIONS: DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS 3006.1 Mandatory Participants [(45 CFR §261.2 (n)(2)(i)) 45 CFR §261.22(c)] All adult caretakers and other adults in the assistance unit who are not exempt must participate in Employment and Training related activities. The four possible exemptions are: A. A single custodial parent caring for a child under 12 months of age. This exemption has a lifetime limit of 12 months. A. A single custodial parent caring for a child less than 12 months of age may be exempted from employment and training activities for up to 12 months in the lifetime of the parent. Single custodial parents who are caring for a child less than 12 months of age and who have not reached their 12 month limit will be exempted from employment and training activities un less they waive their employment and training exemption. Parents who waive their employment and training exemption are subject to all the conditions and rules of the employment an d tr aining pr ogram. Pa rents who waive the ir employment an d training exem ption cann ot be exempted for caring for a child less than 12 months of age again unless a new biological, step, or adopted child less than 12 months of age is added to the TANF case. Parents wh o wa ive their em ployment an d tr aining e xemption mu st m eet the re quired em ployment tra ining hours based on their family composition within 14 calendar days of waiving their exemption. Cases which fail to meet the employment and training requirement are subject to a full family sanction. B. An individual determined unemployable by a health care professional. C. On a case-by-case basis, clients who are victims of Domestic Violence. (see DSSM 3010.2.1 through DSSM 3010.2.5) D. A parent caring for a disabled family member* who lives in the home. * A parent or spouse can be excluded to care for a child or a spouse as long as the following conditions apply: 1. The parent is biological, adoptive or step. 2. The parent or spouse lives in the home with the child. 3. The need for such care is supported by medical documentation. 4. The spouse of a parent can use the caring for exemption even though the marriage is terminated by death or divorce. Children age 16 or older who are not attending school must participate in work or other alternativ e activities, e.g., GED. Individuals who are exempt from Employment and Training requirements can volunteer to participate in the Employment and Training Program. Individuals with disabilities will be afforded the same a ccess, supports and opportunities, including reasonable accommodations, to participate in the Employment and Training programs. 3006.2TANF Employment and Training Participation and Participation Rates Under the Temporary Assistance For for Needy Families Block Grant, DSS is required to meet the following work participation rates with respect to all families that include an adult or mi nor child head of ho usehold receiving assistance: ALL FAMILIES Fiscal Year Minimum Participation Rate Required weekly hours of participation 2002 and after 50% 30 hours TWO PARENT FAMILIES DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS Fiscal Year Minimum Participation Rate Required weekly hours of participation 1999 and after 90% 35 hours 55 h rs a week if re ceiving Fe deral Child Care Subsidy DSS may face a lower work participation rate if it experiences a net caseload reduction compared to FY 2005. Example: If it is determined that DSS' average monthly caseload in FY 2006 was 4 percentage points lower than average monthly caseloads in FY 2005, then, rather than having to meet a 50% work participation rate requirement in FY 2006, the rate would be lowered by 4 percentage points to 46%. To be counted toward meeting the work participation rate, each individual must meet the required number of hours each week. Single parents who are not working 30 hours a week or making earning an equivalent of 30 hours a week times minimum wage are required to participate in wo rk and/or work related activities. Participation in work and work related activities must equal at least a minimum average of 30 hours a week; and, at least 20 of the hours per week must come from participation in federally defined core activities. Single parent/caretaker TANF recipients with a child in the TANF household under six are deemed to be engaged in work for a month if the recipient is engaged in federally defined core work activities for an average of at least 20 hours per week during the month. Two-parent families where one parent is not working at least 35 hours a week or making earning the equivalent of 35 hours a week times minimu m wa ge ar e re quired to p articipate in w ork and/or work rela ted activities. Participation in work and work related activities must equal an average of at least 35 hours a week; and, at least 30 of the hours per week must come from participation in federally defined core activities. Two-parent families who receive federally funded Purchase of Care services who are not working at least 55 hours a week or making earning the equivalent of 55 hours times minimum wage are required to participate in work and/ or work related activities. Participation in work and work related activities for one parent must equal 35 hours a week. Combined hours of participation in work and work related activities must equal an average of at least 55 hours a week. Of the average 55 hours a week the participants must average at least 50 hours a week of federally defined core activities. Teen p arents ar e required to a ttend school, wor k, or participate in the em ployment and tr aining activities. Secondary, post-secondary, vocational, training school, and participation in a GED program meets participation requirements for the month and is the equivalent to work. If they are not attending one of the above types of school or working for 30 hours a week they must participate in employment and training activities for 20 or 30 hours a week. Single custodial parents with a child under 12 months of age are able to receive an exemption from Employment and Training requirements for a total of 12 months in their lifetime. These 12 months can be used any time the parent has a child less than 12 months of age. Once the youngest child reaches 12 months of age, the parents are required to participate in Employment and Training. If they are already working the equivalent of their required Employment and Training hours (20, 30, 35, 55), the DCIS II system will code them as volunteers for Employment and Training. REQUIRED EMPLOYMENT AND TRAINING HOURS DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 FINAL REGULATIONS The monthly participation rate is calculated as follows: Family Composition Required Hours Per Week Minimum rRequired Core Hours Single Parent Family A. With child under 12 months* 0 0 B. A. With a child under 6 years old 20 20 C. B. No children under 6 years old 30 20 Two Parent Family A. Not receiving subsidized child care 35 30 B. Receiving subsidized child care 55 50 * subject to 12 month lifetime limit Numerator: # of TANF families with a work-eligible- individual who meet the participation requirement for the month divided by Denominator: # of TANF families that include a work-eligible individual, less # of families sanctioned in that month for failure to participate in work (for up to 3 months in preceding 12 month period), less the number of non-needy caretaker households, less the number of single custodial parents opting to use one of the 12 months allowable exemptions for caring for a child under one year of age. A parent can only use this exemption for a total of 12 months in their his/her lifetime. See 3006.2 TANF Employment and Training Participation and Participation Rates - History 3006.2.1 TANF Employment and Training Participants Who Count for TANF Participation According to provisions of Delaware's Temporary Assistance for Needy Families, the following individuals must participate in work related ac tivities and are included in the denominator for calculating the Federal participation rates. • Work-eligible individuals as defined in DSS TANF policy; • Work-eligible adults in the Time-Limited Temporary program; • Work-eligible adults for whom the Contract of Mutual Responsibility specifies the employment-related activities that will be required; • Work-eligible adults who are not exempt because they are medically unable to participate; and • Work-eligible adults who are not exempt because they used their 12 month limit of child care for a child under one year of age. • Single custodial parents caring for a child less than 12 months of age who have waived their employment and training exemption or are no longer eligible for an exemption. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 GOVERNOR’S EXECUTIVE ORDERS STATE OF DELAWARE EXECUTIVE DEPARTMENT DOVER EXECUTIVE ORDER NUMBER TWENTY-FOUR TO: HEADS OF ALL STATE DEPARTMENTS AND AGENCIES RE: Recognizing the Statewide Responsibilities of The Delaware Mentoring Council WHEREAS, research shows that mentoring improves the social and academic well-being of children; and WHEREAS, Delaware enjoys broad-based community support and involvement in education; and WHEREAS, both school-based and community-based mentoring programs have been shown to be effective; and WHEREAS, statewide coordination and support of mentoring will ensure greater efficiency and effectiveness of mentoring programs; NOW, THEREFORE, I, JACK A. MARKELL, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby DECLARE and ORDER that: 1. The Delaware Mentoring Council (t he “Council”) shall be recognized and established as the statewide organization responsible for the promotion and facilitation of mentoring programs for school-aged children. 2. The Cou ncil, in co operation with the Of fice o f th e Lieu tenant Gover nor a nd Dela ware De partment of Education, shall support a statewide mentoring network and promote both school-based and community-based mentoring that focuses on the building of academic, career, social and life skills. 3. The Council shall have twenty-eight voting members. Members shall be appointed by and serve at the pleasure of the Governor, except as provided herein. The Governor shall appoint the Chair(s) of the Council from among its members. The membership of the Council shall be composed of: (a) Four representatives from state-wide mentoring provider organizations, which shall be defined as an organization that provides training and coordination to mentoring programs, meets best practices as defined by the Council, and places mentors in more than one program site, and which shall include, but not be limitedto, Big Brothers Big Sisters Delaware and Connecting Generations; (b) A representative from the Delaware Department of Education; (c) Two representatives from other state government agencies, such as the De partment of Health and Social Se rvices Of fice of V olunteerism, the Delaware Dep artment of S ervices fo r Ch ildren, Y outh and Their Families, and the Delaware Economic Development Office; (d) A representative appointed by and serving at the pleasure of the Lieutenant Governor; (e) Three representatives from the field of education, preferably but not limited to, one from each county; (f) Four persons representing the Delaware General Assembly, of whom one shall be appointed by and serve at the pleasure of each of the President Pro Tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives; (g) Six re presentatives fr om the bu siness community, pr eferably at least on e from each county and including members of the Business Mentoring Alliance; (h) Four representatives fr om Dela ware institutions of high er learning; including one each fro m the University of Delaware, Delaware State University, Wilmington University, and Delaware Technical and Community College; and (i) Three representatives from faith and community-based organizations, preferably, but not limited to, one from each county. 4. The Governor may appoint one or more honorary chairs of the Council, but any such honorary chair shall not vote on matters considered by the Council. 5. The Council shall have no more than fifteen non-voting members appointed by the voting members, and those non-voting members shall in clude parents, mentors and mentored youth and shall b e appointed to such terms as the Council shall establish. 6. Throughout the State of Delaware, the Council shall: (a) Promote the benefits of mentoring and the recruitment of mentors; (b) Identify and promote "The Elements of Effective Practice for Mentoring" of MENTORTM, the National DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 GOVERNOR’S EXECUTIVE ORDERS Mentoring Partnership, for safe and effective mentoring programs; (c) Oversee data collection and reporting regarding the status of mentoring in the state, including, but not limited to, the number of mentoring pairs and how many children are in need of a mentor; (d) Work to ensure an adequate level of financial resources to support mentoring programs statewide, including fund raising and funds distribution; (e) Support e fforts to provide and im prove tr aining, m atch sup ervision, technical assist ance and evaluation of mentoring programs; (f) Coordinate centralized mentor and mentee training that is both accessible and affordable; (g) Provide techn ical assistance to or ganizations interested in starting, str engthening or expanding a quality mentoring program; (h) Coordinate statewide media campaigns, maintain a web site and serve as the coordinator of National Mentoring Month; (i) Advocate and promote public policies that strengthen mentoring; (j) Provide an annual report of its activities to the Governor each July after the execution of this order; and (g) Con duct a full eva luation o f its a ctivities a nd administrative ar rangements within five years of th e execution o f this order an d p rovide a re port to the Governor o f its evaluation, which sh all inclu de a recommendation as to the continuation of the Council. 7. Executive Order No. 99, dated September 17, 1991, issued by Governor Michael N. Castle, and Executive Order No. 26, dated January 10, 2002, issued by Governor Ruth Ann Minner, are hereby rescinded. APPROVED this 18th day of January, 2011 Jack A. Markell Governor DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 CALENDAR OF EVENTS/HEARING NOTICES DELAWARE STATE FIRE PREVENTION COMMISSION 706 Specific Occupancy Requirements PUBLIC NOTICE In accordance with procedures set forth in 29 Del.C. Ch. 11, Subch. III and 29 Del.C., Ch. 101, the Delaware State Fire Prevention Commission is proposing to adopt a regulation amending the current 706 Specific Occupancy Requirements Regu lation by a dding a ne w se ction 6 .0 Har d-Wired Smoke Detector Pr ogram to Cha pter 4 – Residential Smoke Detectors of the current 706 Specific Occupancy Requirements Regulation. The Delaware State Fire Prevention Commission will hold a public hearing at which members of the public may present c omments on th e proposed r egulation on M arch 15, 2 011 at 9:00 a.m. in th e Dela ware State Fire Prevention Chamber at th e De laware Fire Service Ce nter, 14 63 Chestnut Gr ove Road , Dover , DE 19904. Additionally, members of the public may present written comments on the proposed regulation by submitting such written comments to Ms. Sherry Lambertson, Delaware State Fire Prevention Commission, 1463 Chestnut Grove Road, Dover, DE 19904. Written comments must be received on or before March 7, 2011. Members of the public may re ceive a copy o f th e pr oposed re gulation at no charge by United S tates Mail by w riting Ms. Sherry Lambertson at the address of the Delaware State Fire Prevention Commission set forth above. DELAWARE STATE FIRE PREVENTION COMMISSION 710 Ambulance Service Regulations PUBLIC NOTICE In accordance with procedures set forth in 29 Del.C. Ch. 11, Subch. III and 29 Del.C., Ch. 101, the Delaware State Fire Prevention Commission is proposing to adopt a regulation amending the current 710 Ambulance Service Regulation by striking the current 710 Ambulance Service Regulation in its entirety and substituting in lieu thereof a new and revised 710 Ambulance Service Regulation. The Delaware State Fire Prevention Commission will hold a public hearing at which members of the public may present c omments on th e proposed r egulation on M arch 15, 2 011 at 9:00 a.m. in th e Dela ware State Fire Prevention Chamber at th e De laware Fire Service Ce nter, 14 63 Chestnut Gr ove Road , Dover , DE 19904. Additionally, members of the public may present written comments on the proposed regulation by submitting such written comments to Ms. Sherry Lambertson, Delaware State Fire Prevention Commission, 1463 Chestnut Grove Road, Dover, DE 19904. Written comments must be received on or before March 7, 2011. Members of the public may re ceive a copy o f th e pr oposed re gulation at no charge by United S tates Mail by w riting Ms. Sherry Lambertson at the address of the Delaware State Fire Prevention Commission set forth above. DEPARTMENT OF AGRICULTURE THOROUGHBRED RACING COMMISSION 1001 Thoroughbred Racing Rules and Regulations PUBLIC NOTICE The De laware T horoughbred Racin g Com mission in accor dance with 3 Del.C. §10103(c) has proposed changes to its rules and regulations. The proposal amends the rules and regulations to conform to recently revised national standards for the accep table levels of phe nylbutazone and o xyphenbutazone in tho roughbred race horses. A public hearing will be held on March 15, 2011 at 10:00 a.m. in the second floor conference room of the Horseman’s Of fice, l ocated on th e gr ounds o f De laware Par k, 7 77 De laware Pa rk Bou levard, Wilming ton, Delaware 19804 where members of the public can offer comments. Anyo ne wishing to r eceive a copy o f the proposed regulations may obtain a co py from the Delaware Thoroughbred Racing Commission, 777 Delaware Park Boulevard, Wilmington, Delaware 19804. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulation at its regularly scheduled meeting following the DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 CALENDAR OF EVENTS/HEARING NOTICES public hearing. DEPARTMENT OF EDUCATION PUBLIC NOTICE The State Board of Education will hold its monthly meeting on Thursday, February 17, 2011 at 1:00 p.m. in the Townsend Building, Dover, Delaware. DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES Temporary Assistance for Needy Families (TANF) PUBLIC NOTICE In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 5 12, Delaware Health and Social Services (DHSS) / Division of S ocial S ervices is pr oposing to ame nd po licies in the Division of Social Services Manual (DS SM) regarding Delaware’s Temporary Assistance for Needy Families (TANF) programs, specifically, removing workfare requirements, removing clock extensions, and clearly defining hours for one- and two-parent families. Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by Wednesday, March 2, 2011. The action concerning the determination of whether to adopt the pro posed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF SOIL AND WATER CONSERVATION 5105 Regulations Governing the Election of Members of County Board of Conservation District Supervisors PUBLIC NOTICE Current regulations contain a discrepancy between voter qualification in Kent and New Castle Counties as compared to voter qualification in Sussex County. In Kent and New Castle Counties, qualified voters must hold title to land in the Specified Board Supervisor area. In Sussex County, qualified voters must hold title to land in Sussex County. This modification would change vo ter eligibility standards in Sussex County to mirror those in Kent and New Castel Counties. This modification was requested by the Sussex Conservation District Board of Supervisors and the Delaware Association of Conservation District in an effort t to keep Title 7, Chapter 39, consistent and uniform throughout each of Delaware’s three Conservation Districts. Individuals may present their comments or request additional information by contacting Robert Palmer of the District Operations Section, Division of Watershed Stewardship, 89 Kings Highway, Dover, DE 19901, (302) 7399921. A public hearing on thes e proposed amendments will be held on February 24, 2011 at 7:00 P.M. in the DNREC Auditorium, 89 Kings Highway, Dover, DE 19901. The record will remain open for written comments until 4:30 PM, March 26, 2011. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 CALENDAR OF EVENTS/HEARING NOTICES DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 1100 Board of Dental Examiners PUBLIC NOTICE The Boa rd of Dentistry an d Den tal Hygien e ( "the Boa rd") in accordance with 2 4 Del.C. § 1106(a)(1) h as proposed amendments to Rule 4.0 Acupu ncture and Rule 8 .0 Cer tificate Requirements. The p roposed amendments delete existing Rule 4.0 as it is an outdated provision related to acupuncture. The amendments also modify the exam p rovision to reflect th e chan ge fr om a spe cific scor e to a p ass/fail st andard. Th e Boar d is replacing the deleted Rule 4.0 with a new Rule 4.0 that sets for the criteria required for a specialty rotation to satisfy the re quirements of the ge neral pr actice residency required by 24 Del. C. §1122(a)(3). Finally, the Board is requesting that the Registrar use his editorial powers to change the name of the Board throughout the regulations to r eflect the Board's new nam e. The cha nges a rise as th e re sult of the Boa rd's Sun set review in the last legislative session. A public hearing w ill be held on Marc h 24, 2011 at 4:45 p.m. in the s econd floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Dentistry an d Dent al Hygie ne, 86 1 Silver Lake Blvd, Cannon Build ing, Suite 20 3, Do ver, DE 1 9904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. DIVISION OF PROFESSIONAL REGULATION 4400 Delaware Manufactured Home Installation Board PUBLIC NOTICE Pursuant to 24 Del.C. §4416(b)(1), the Manufactured Home Installation Board has proposed revisions to its rules and regulations. A public hearing on proposed revisions published on November 1, 2010 in the Register of Regulations, Volume 14, Issue 5 was held on November 22, 2010. The Manufactured Home Installation Board decided to make further revisions to the rules and regulations. A public hearing to address these proposed revisions will be held on March 14, 2011 at 9:15 a.m. in the second floor conference room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a co py from th e Ma nufactured Home Installation Boa rd, 86 1 Silver La ke Boulevard, Dover, De laware 19 904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Bo ard ha s proposed r evisions to Ru le 9. 0. T he Board's licensin g law , Chapter 44 of T itle 2 4 of the Delaware Code, provides that all manufactured home installations must be performed, at minimum, in compliance with the requirements of the United States Department of Housing and Urban Development ("HUD"). See 24 Del.C. §4421. The revisions to Rule 9.0 expressly incorporate HUD's installation requirements. In particular, the rules reference specific sections of the Code of Federal Regulations. The revisions also specify that, with respect to site suitability (Rule 9.2), site preparation (Rule 9.3) and foundation construction (Rule 9.4), where State, county or m unicipal standards a re more stringent than H UD requirements, th e in staller sh all co mply wit h the more stringent standards. These amendments will make explicit what is already included in the Board's licensing law and will, therefore, provide greater clarity and greater protection for the public. The Board will c onsider promulgating the proposed rules and re gulations at its regularly scheduled meeting following the public hearing. DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011 CALENDAR OF EVENTS/HEARING NOTICES DEPARTMENT OF TRANSPORTATION DIVISION OF PLANNING 2313 Policies and Procedures for Acquisition of Certain Real Property Interests PUBLIC NOTICE The Delaware Department of Transportation, through its Division of Planning, seeks to adopt regulations to ensure that its policies and procedures for the acquisition of real property are transparent, consistent, cost effective and fair. The regulations will implement specific recommendations for advanced ac quisitions set forth in the Report of the Governor’s Chief of Staff to Governor Markell dated January 7, 2011 (the “Report”). Specifically, the regulations will (1) require that the Committee revi ew not only advanced acquisitions, but reservation agreements as well; (2) provide a process for the Committee to review the merits of advanced acquisitions and reservation agreements; (3) require the Department to ob tain independent appraisal for advanced acquisitions and reservations; (4) require that advanced acquisitions and reservations be reviewed by legal counsel; (5) require that the terms of advanced acquisitions and reservations be reflected in an agreement signed by the Department and the property owner; and (6) set out the process for the Committee to conduct its consistency review of certain real property acquisitions proposed by the Department, as contemplated by 17 Del.C. §137(a)(2). The Department will take written comments on the proposed Regulations Establishing Policies and Procedures for Acquisition of Cer tain Real Property Interests from February 1, 2011 through March 5, 2011. The proposed Regulations appear below. Any requests for copies of the proposed Regulations, or any questions or comments regarding this document should be directed to: Cleon L. Cauley, Sr., Deputy Secretary Delaware Department of Transportation P.O. Box 778 Dover, DE 19903 (302) 760-2303 (telephone) (302) 739-2895 (fax) cleon.cauley@state.de.us DELAWARE REGISTER OF REGULATIONS, VOL. 14, ISSUE 8, TUESDAY, FEBRUARY 1, 2011