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 The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated.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 •Attorney General’s Opinions in full text •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: 6 DE Reg. 1541-1542 (06/01/03) Refers to Volume 6, pages 1541-1542 of the Delaware Register issued on June 1, 2003. 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and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined.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file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title.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. 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 CLOSING CLOSING DATE DATE TIME DECEMBER 1NOVEMBER 154:30 P.M. JANUARY 1DECEMBER 154:30 P.M. FEBRUARY 1JANUARY 174:30 P.M. MARCH 1FEBRUARY 154:30 P.M. APRIL 1MARCH 154:30 P.M. DIVISION OF RESEARCH STAFF: Deborah A. Porter, Interim Supervisor; Sandra F. Clark, Administrative Specialist II; Kathleen Morris, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Rochelle Yerkes, Administrative Specialist II; Rhonda McGuigan, Administrative Specialist I; Ruth Ann Melson, Legislative Librarian; Lisa Schieffert, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Legislative Attorney; Ted Segletes, Paralegal; Deborah J. Messina, Print Shop Supervisor; Marvin L. Stayton, Printer; Don Sellers, Printer. DELAWARE RIVER BASIN COMMISSION Proposed Amendment to the Water Quality Regulations, Water Code and Comprehensive Plan to Classify the Lower Delaware River as Special Protection Waters............................8 DE Reg. 513 (Prop.) Proposed Amendment to the Water Quality Regulations, WAter Code and Comprehensive Plan to Establish Pollutant Minimization Plan Requirements for Point and Non-Point Source Discharges of Toxic Pollutants Following Issuance of a TMDL by either the U.S. Environmental Protection Agency or a Member State, or an Assimilative Capacity Determination by the Delaware River Basin Commission....................................................8 DE Reg. 515 (Prop.) DELAWARE STATE FIRE PREVENTION COMMISSION State Fire Prevention Regulations....................................................................................................8 DE Reg. 6 (Prop.) 8 DE Reg. 416 (Final) DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE) 1900 Board of Nursing...........................................................................................................8 DE Reg. 377 (Prop.) 2000 Board of Occupational Therapy Practice, Rule 7.0, Crimes Substantially Related to the Practice of Occupational Therapy....................................................8 DE Reg. 518 (Prop.) 2100 Board of Examiners in Optometry.........................................................................8 DE Reg. 16 (Prop.) 8 DE Reg. 536 (Final) 2500 Board of Pharmacy, Rule 16.0, Crimes Substantially Related to the Practice of Pharmacy.................................................................................................................8 DE Reg. 517 (Prop.) 3900 Board of Clinical Social Work Examiners....................................................................8 DE Reg. 218 (Prop.) 5300 Board of Massage and Bodywork..................................................................................8 DE Reg. 390 (Prop.) Gaming Control Board, Bingo, Charitable Gambling and Raffles.........................................8 DE Reg. 531 (Final) DEPARTMENT OF AGRICULTURE Rule 8.3.3.5, Erythropietin.............................................................................................................8 DE Reg. 329 (Final) Standardbred Breeder’s Fund Regulations.....................................................................................8 DE Reg. 336 (Final) DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE) 101 Delaware Student Testing Program.................................................................................8 DE Reg. 17 (Prop.) 8 DE Reg. 425 (Final) 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II)..........8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II)......8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 108 Administrator Appraisal Process Delaware Performance Appraisal System (DPAS II)........8 DE Reg. 23 (Prop.) 8 DE Reg. 431 (Final) 260 General Appeal Procedure for the Child and Adult Care Food Program of the United States Department of Agriculture CACFP/USDA ....................................................8 DE Reg. 221 (Prop.) 8 DE Reg. 537 (Final) 501 State Content Standards..........................................................................................................8 DE Reg. 36 (Prop.) 8 DE Reg. 445 (Final) 618 (Formerly Reg. 879) School Safety Audit..............................................................................8 DE Reg. 344 (Final) 620 (Formerly Reg. 880) School Crisis Response Plans...............................................................8 DE Reg. 344 (Final) 705 Training Camp and Special Duty in the National Guard and/or Reserves.............................................................................................8 DE Reg. 396 (Prop.) 706 Credit for Experience for Full Time Service in the Armed Forces................................................................................................................8 DE Reg. 397 (Prop.) 718 Health Examinations for School District Employees.....................................................8 DE Reg. 37 (Prop.) 8 DE Reg. 399 (Prop.) 742 Compensation of District Personnel Under Specific Project Proposals............................... 8 DE Reg. 520 (Prop.) 805 The School Health Tuberculosis (TB) Control Program................................................8 DE Reg. 38 (Prop.) 8 DE Reg. 400 (Prop.) 852 Child Nutrition........................................................................................................................8 DE Reg. 224 (Prop.) 8 DE Reg. 540 (Final) 885 Safe Management and Disposal of Surplus Chemicals in the Delaware Public School System.................................................................................................................................8 DE Reg. 345 (Final) 925 Children with Disabilities.......................................................................................................8 DE Reg. 225 (Prop.) 8 DE Reg. 402 (Prop.) 1105 School Transportation...................................................................................................8 DE Reg. 237 (Final) 8 DE Reg. 541 (Final) PROFESSIONAL STANDARDS BOARD 323 Certification Computer Science Teacher................................................................................8 DE Reg. 247 (Prop.) 8 DE Reg. 552 (Final) 331 (Transferred to 1566) Certification Family and Consumer Sciences Teacher........................8 DE Reg. 248 (Prop.) 8 DE Reg. 553 (Final) 368 Certification School Psychologist...................................................................................8 DE Reg. 41 (Prop.) 1501 Knowledge, Skills And Responsibility Based Supplements For Educators.................8 DE Reg. 73 (Final) 1502 Educator Mentoring..............................................................................................................8 DE Reg. 347 (Final) 1505 Professional Growth Programs.....................................................................................8 DE Reg. 78 (Final) 1509 Meritorious New Teacher Candidate Designation...............................................................8 DE Reg. 446 (Final) 1528 Foreign Language Teacher Comprehensive..................................................................8 DE Reg. 80 (Final) 1529 Foreign Language Teacher Secondary..........................................................................8 DE Reg. 80 (Final) 1533 Foreign Language Teacher Elementary........................................................................8 DE Reg. 80 (Final) 1537 Bilingual Teacher (Spanish) Secondary........................................................................8 DE Reg. 80 (Final) 1554 Standard Certificate Reading Specialist................................................................................8 DE Reg. 405 (Prop.) 1558 Bilingual Teacher (Spanish) Primary Middle Level.....................................................8 DE Reg. 80 (Final) 1566 (Formerly Reg. 331) Standard Certificate Family & Consumer Sciences Teacher..............8 DE Reg. 553 (Final) 1577 (Formerly Reg. 368) Standard Certificate-School Psychologist .........................................8 DE Reg. 448 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF LONG TERM CARE RESIDENTS PROTECTION Assisted Living Facilities, Regulations for.....................................................................8 DE Reg. 46 (Prop.) 8 DE Reg. 85 (Final) DIVISION OF PUBLIC HEALTH Regulations Pertaining to the Testing of Newborn Infants for Metabolic, Hematologic and Endocrinologic Disorders.................................................................................8 DE Reg. 100 (Final) 203 Cancer Treatment Program......................................................................................8 DE Reg. 107 (Final) 8 DE Reg. 509 (Emer.) 463 Licensing and Registration of Operators of Public Water Supply Systems.............8 DE Reg. 47 (Prop.) 8 DE Reg. 453 (Final) DIVISION OF SOCIAL SERVICESDivision of Social Services Manual (DSSM) 5311 Notification of Time and Place of Hearing.............................................................8 DE Reg. 351 (Final) 8 DE Reg. 376 (Errata) 9026.1, Food Stamp Program..........................................................................................8 DE Reg. 521 (Prop.) 9068.1 Certification Period Length.........................................................................8 DE Reg. 113 (Final) 20700.5-20700.5.8, Acquired Brain Injury Waiver Program..........................................8 DE Reg. 250 (Prop.) 8 DE Reg. 555 (Final) Child Care Subsidy Program: 11002.9 Definitions and Explanation Of Terms; 11004.4.1 Explanation of Certificates; 11006.4.2 Fee Paying Clients....................8 DE Reg. 407 (Prop.) DEPARTMENT OF INSURANCE 301 Audited Financial Reports......................................................................................................8 DE Reg. 252 (Prop.) 8 DE Reg. 557 (Final) 504 (Formerly Reg. No. 47) Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants.........................................................................................................8 DE Reg. 409 (Prop.) 606, (Formerly Reg. No. 31) Proof of Automobile Insurance...............................................8 DE Reg. 55 (Prop.) 607, (Formerly Reg. No. 37) Defensive Driving Course Discount Automobiles and Motorcycles......................................................................................................................8 DE Reg. 59 (Prop.) 8 DE Reg. 460 (Final) 1404 Long-Term Care Insurance...................................................................................................8 DE Reg. 257 (Prop.) 8 DE Reg. 562 (Final) 1501 Medicare Supplement Insurance Minimum Standards.................................................8 DE Reg. 62 (Prop.) 8 DE Reg. 465 (Final) DEPARTMENT OF LABOR COUNCIL ON APPRENTICESHIP & TRAINING Section 106.5, Standards of Apprenticeship...................................................................8 DE Reg. 65 (Prop.) 8 DE Reg. 468 (Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OF THE SECRETARY Green Energy Fund Program Regulation...............................................................................8 DE Reg. 114 (Final) DIVISION OF AIR AND WASTE MANAGEMENT-AIR QUALITY MANAGEMENT SECTION Hazardous Waste, Regulations Governing.............................................................................8 DE Reg. 352 (Final) Reporting of a Discharge of a Pollutant or Air Contaminant.........................................8 DE Reg. 126 (Final) Solid Waste, Regulations Governing......................................................................................8 DE Reg. 354 (Final) DIVISION OF FISH & WILDLIFE4.0 Seasons & 7.0 Deer...........................................................................................................8 DE Reg. 355 (Final) 3308 (Formerly NT-7) Fish Stocking Practices......................................................................8 DE Reg. 374 (Emer.) DIVISION OF WATER RESOURCESDesign, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems, Regulations Governing............................................................................................8 DE Reg. 283 (Prop.) Surface Water Quality Standards....................................................................................8 DE Reg. 154 (Final) DEPARTMENT OF SAFETY AND HOMELAND SECURITY Board of Examiners of Private Investigators and Private Security Agencies................................8 DE Reg. 325 (Final) Division of Highway Safety Electronic Red Light Safety Program.................................................................................... 8 DE Reg. 524 (Prop.) DIVISION OF HISTORICAL AND CULTURAL AFFAIRSHistoric Preservation Tax Credit, Regulations Governing ............................................8 DE Reg. 194 (Final) uman Relations Commission 1502 Fair Housing Regulation................................................................................................8 DE Reg. 591 (Final) OFFICE OF THE STATE BANKING COMMISSIONER 708 (Formerly Reg. No. 5.770.0009) Establishment of a Branch Office by a Bank or Trust Company........................................................................................................8 DE Reg. 68 (Prop.) 8 DE Reg. 472 (Final) 714 Establishment of a Mobile Branch Office by a Bank or Trust Company................8 DE Reg. 68 (Prop.) 8 DE Reg. 473 (Final) 1113 Election by a Subsidiary Corporation of a Banking Organization of Trust Company to be Taxed in Accordance with Chapter 19 of Title 30..........................................8 DE Reg. 68 (Prop.) 8 DE Reg. 474 (Final) DEPARTMENT OF STATE Division of Historical & Cultural Affairs Historic Preservation Tax Credit.............................................................................................8 DE Reg. 526 (Prop.) Appointments................................................................................................................................8 DE Reg. 361 (Final) 8 DE Reg. 479 (Final) 8 DE Reg. 602 (Final) Executive Order No. 56, Establishing The Infant Mortality Task Force.......................................8 DE Reg. 199 (Final) Executive Order No .57, Declaring Friday, June 11, 2004 A Legal Holiday In Remembrance Of Former President Reagan..........................................................................8 DE Reg. 360 (Final) Executive Order No. 58, Relating to the Reestablishment of the Juvenile Justice Advisory Group......................................................................................................................8 DE Reg. 477 (Final) MERIT EMPLOYEES RELATIONS BOARD Classification Maintenance Review Appeal Procedures...............................................................8 DE Reg. 599 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICESDIVISION OF SOCIAL SERVICESStatutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512) ORDER * PLEASE NOTE: THIS FINAL REGULATION WAS ORIGINALLY PUBLISHED IN THE OCTOBER 2004 ISSUE OF THE REGISTER. HOWEVER, DUE TO AN ERROR ON THE PART OF THE REGISTRAR’S OFFICE CERTAIN TEXT WAS INADVERTENTLY OMITTED. THE CORRECT VERSION IS PUBLISHED BELOW. Nature Of The Proceedings: Delaware Health and Socal Services (“Department”) / Division of Social Services initiated proceedings to amend the Division of Social Services Manual (DSSM) regarding the Acquired Brain Injury Medicaid Waiver Program (ABIMWP). The Department’s proceedings to amend its regulations 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 proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the August 2004 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by August 31, 2004 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations. Summary Of Proposed Changes The Acquired Brain Injury Medicaid Waiver Program (ABIMWP) is a community-based services program funded by the Division of Social Services (DSS), Delaware Medical Assistance Program (DMAP) and operated by the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD). It is targeted to individuals with acquired brain injury who meet Medicaid nursing facility admission criteria. The proposed set forth the rules and regulations governing the administration of the ABIWP, and describe the types of services available under the program. The regulations being proposed would also define the eligibility criteria that must be met by applicants for the services and the scope of services available to eligible applicants. The earliest [effective implementation] date for the ABIMWP is October 10, 2004. Summary Of Comments Received With Agency Response And Explanation Of Change(s) The State Council for Persons with Disabilities (SCPD) reviewed the proposed Acquired Brain Injury Medicaid Waiver Program (ABIMWP) regulation and offered the following summarized observations and recommendations: First, DSS recites that the earliest effective date for the waiver is October 10, 2004. This is inconsistent with DSAAPD representations that the waiver was effective in the Spring of 2004. If DSAAPD enrolls anyone in the waiver prior to October 10, 2004, the proposed regulation might provide a basis for CMS denial of federal matching funds. Agency Response: October 10, 2004 is the proposed date of implementation. Second, in Section 20700.5.1 3.b., SCPD recommended insertion of “at least” before “one”. Otherwise, a participant would literally not qualify for the waiver program if the participant needed more than one waiver service apart from case management. Agency Response: Inserted “at least” before “one”, as recommended. Third, in Section 20700.5.3, the word “were” should be substituted for “was” in the first sentence for proper grammar (subjunctive mood). Agency Response: Corrected the typographical error. Fourth, in Section 20700.5.3, SCPD recommended insertion of the following second sentence: “This determination is made on an aggregate basis which considers all ABIMWP recipients.” In response to a Council inquiry, DSAAPD clarified in a November 12, 2003 letter that the waiver is based on an aggregate, not individual, cost cap. The proposed regulation literally requires an individual cost assessment. Agency Response: Inserted the second sentence, as recommended. Fifth, Section 20700.5.7 (2nd paragraph), disallows an assisted living facility from providing services to an individual bedridden for seven consecutive days without a physician certification of safety. There is some tension between this provision and waiver provisions specifically authorizing respite care is an assisted living facility for individuals unable to care for themselves. Moreover, it would be logical, given the heading of “hospitalization or illness”, to include a reference to respite are since a recipient unable to care for himself/herself could transfer to a nursing facility for up to twenty-nine days annually as part of the waiver program. Agency Response: Revised the second paragraph to include a reference to the Assisted Living Facilities Regulations outlined in section 63.409. Finally, the regulation states that, without physician certification after seven days, waiver services terminate. This would literally eliminate even case management and personal response system services and is therefore overbroad. Agency Response: This was not the intent of DSS; therefore, the sentence is deleted. Findings Of Fact: The Department finds that the proposed changes as set forth in the August 2004 Register of Regulations should be adopted. THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual regarding the Acquired Brain Injury Medicaid Waiver Program (ABIMWP) is adopted and shall be final effective October 10, 2004. Vincent P. Meconi, Secretary, DHSS 9/15/04 DSS FINAL ORDER REGULATION #04-20 NEW: 20700.5Acquired Brain Injury Medicaid Waiver Program The Acquired Brain Injury Medicaid Waiver Program (ABIMWP) is a home and community-based services program funded by the Division of Social Services (DSS), Delaware Medical Assistance Program (DMAP) and operated by the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD). It is targeted to individuals with acquired brain injury who meet Medicaid nursing facility admission criteria. The earliest [effective implementation] date for the ABIMWP is October 10, 2004. 20700.5.1Eligibility Criteria To be eligible for the ABIMWP, an individual must: 1.be a Delaware resident 2.be between 18 and 64 years of age (persons who enter the waiver before age 65 may remain in the waiver after age 65) 3.meet the financial and medical criteria for the DSS Long Term Care Medicaid Program and meet nursing facility admission criteria. Medical eligibility is determined by the Pre-Admission Screening Unit of DSAAPD. Financial eligibility is determined by DSS. Program eligibility is determined by DSAAPD. An individual must meet all of the following criteria: ahave an injury to the brain which is not hereditary or congenital (Acquired Brain Injury) bhave a need of [at least] one waiver service, in addition to case management, on a monthly basis chave a physical, cognitive and/or behavioral symptom of an acquired brain injury and currently reside in a nursing facility or is at risk for placement in a nursing facility dhave completed or would no longer benefit from intensive, inpatient, post-trauma or rehabilitation programs eaccept and maintain case management services 20700.5.2Number of Recipients There is a maximum number of recipients who may be served under the ABIMWP each fiscal year. The total unduplicated number of recipients served under the program cannot exceed the maximum number approved by the Centers for Medicare and Medicaid Services (CMS). DSAAPD will monitor the number of individuals receiving ABIMWP services so the maximum number will not be exceeded. 20700.5.3Cost Effective Requirement In order for an applicant to be eligible for the ABIMWP, the applicant’s cost of care cannot exceed the cost of their care if the same applicant [was were] institutionalized. [This determination is made on an aggregate basis which considers all ABIMWP recipients.] An average monthly cost for institutionalized individuals is used to determine the amount that may be spent on ABIMWP recipients. A DSAAPD worker determines cost effectiveness. 20700.5.4Approval Upon approval, DSS will send a notice of approval to the applicant or the applicant’s representative and the ABIMWP provider. The notice to the provider will include the effective date of Medicaid coverage, the patient pay amount, and the Medicaid identification number. 20700.5.5Post Eligibility Budgeting See DSSM 20720 and 20995.1 for patient pay calculation. For recipients residing in Assisted Living facilities, the personal needs allowance is equal to the current Adult Foster Care rate. Collection of the patient pay amount from the recipient or the recipient’s representative is the responsibility of the assisted living provider. For recipients residing in community-based settings, the personal needs allowance is equal to 250% of the Federal SSI Benefit Rate. Collection of the patient pay amount from the recipient or the recipient’s representative is the responsibility of the provider who is providing the most costly service. 20700.5.6Days Appropriate for Billing The waiver provider may not bill for any day that the recipient is absent from the program or facility for the entire day. The waiver provider may bill for services for any day that the recipient is present in the facility or program for any part of the day. If the recipient resides in an assisted living facility, the waiver provider may not bill Medicaid for room and board. 20700.5.7Hospitalization or Illness Waiver services will terminate upon hospitalization. There are no Medicaid bed hold days for hospitalization. DSS will redetermine eligibility for continued Medicaid coverage. Waiver services may restart after hospital discharge as determined by DSAAPD staff. [If the recipient is a resident of an assisted living facility, the waiver provider shall not provide services to a recipient that has been bedridden for seven (7) consecutive days unless a physician certifies that the individual’s needs may be safely met by the service agreement. If a physician certification is not obtained, waiver services will terminate and DSS will redetermine eligibility for continued Medicaid coverage. If the recipient is a resident of an assisted living facility, the waiver provider shall not provide services to a recipient in accordance with the Delaware Regulations for Assisted Living Facilities outlined in section 63.409.] 20700.5.8ABIMWP Services Acquired brain injury waiver services will include the following: Case Management Personal Care Respite Care Adult Day Expanded Services Specialized Medical Equipment and Supplies Personal Emergency Response Systems (PERS) Assisted Living Program Behavioral and/or Cognitive Services DELAWARE HOME RELOCATION AUTHORITY TRUST FUNDStatutory Authority: 25 Delaware Code, Section 7012 (25 Del.C. §7012) NOTICE OF PUBLIC HEARING The Delaware Manufactured Home Relocation Authority (the “Authority”) will hold a public hearing to discuss proposed regulations relating to the administration of the Delaware Manufactured Home Relocation Trust Fund (“Trust Fund”) established pursuant to 25 Del.C. §7012. The Authority was established by the Delaware Legislature pursuant to 25 Del.C. §7011. The primary purpose of the Authority is to: (a) provide financial assistance to manufactured homeowners who are tenants in a manufactured home community where the community owner changes the use of land or converts the manufactured home community to a condominium or cooperative community; and (b) to provide financial assistance to manufactured home community owners for the removal and/or disposal of non-relocatable or abandoned manufactured homes when there is a change in use or conversion. The Authority has set an initial $3.00 monthly assessment for deposit into the Trust Fund, effective April 1, 2004. Under the statute, one-half of the monthly assessment is the obligation of the Tenant of a rented lot and one-half of the assessment is the obligation of the Landlord. The monthly assessments collected by the Authority are deposited into the Trust Fund, and the Authority is responsible for administering this fund. To carry out its statutory responsibilities, the Authority has been directed to, among other things, establish procedures under which applicants for payment from the Authority may be approved and to set maximum benefits that may be payable to applicants under certain circumstances. Pursuant to its statutory authority, the Authority is proposing for adoption a comprehensive set of regulations to be used for the administration of the Trust Fund. The proposed regulations published herein will, among other things: (a) establish criteria for tenant benefits, including the maximum relocation payment available to a tenant for a single section home and a multi-section home and the maximum benefits available to a Tenant whose home has been determined to be non-relocatable; (b) criteria for Landlord benefits, including the maximum relocation benefits for manufactured homes that have been abandoned or determined to be non-relocatable; (c) application procedures to be followed by applicants for benefits; and (d) application review procedures. The public hearing will be on Tuesday, November 30, 2004 beginning at 3:30 p.m. and ending at 6:30 p.m. in the Richardson Conference Room located at the offices of the Department of Natural Resources and Environmental Control, 89 Kings Highway, Dover, DE 19901. Copies of the proposed regulations are available for review by contacting: William A. Denman, Esquire Parkowski, Guerke & Swayze, P.A. 116 W. Water Street Dover, DE 19904 (302) 678-3262 Email: wdenman@pgslegal.com Anyone wishing to present oral comments at this hearing should contact Mr. William A. Denman at (302) 678-3262 by November 22, 2004. Anyone wishing to submit written comments as a supplement to, or in lieu of oral testimony, should submit such comments by December 1, 2004 to: William A. Denman, Esquire Parkowski, Guerke & Swayze, P.A. 116 W. Water Street Dover, DE 19904 (302) 678-3262 Email: wdenman@pgslegal.com 201 Delaware Manufactured Home Relocation Trust Fund Regulations The Authority is granted authority to establish rules and regulations and establish criteria for the disbursement of benefits available to landlords and tenants under the provisions of 25 Del.C. §7011, et. seq. (the "Act"). The regulations set forth below establish criteria for benefits eligibility, pursuant to the statute, application procedures, application review procedures, and payment procedures. 1.0Criteria for Tenant Benefits 1.1Only “Tenants”, as defined under the Act, are entitled to benefits under the Act. A Tenant is defined to mean an owner of a manufactured home who has tenancy of a lot in a manufactured home community. A manufactured home community refers to a parcel of land where two or more lots are rented or offered for rent for the placement of manufactured homes. Notwithstanding anything stated herein to the contrary, a Tenant shall not be entitled to any of the benefits described herein unless all of the statutory requirements set forth in the Act have been met. 1.2A Tenant is entitled to relocation benefits under the Act if the Tenant is required to move due to a change in use or conversion of the land in a manufactured home community. A Tenant is not entitled for compensation for relocation if: 1.2.1the Landlord (at the Landlord’s expense) moves the Tenant’s manufactured home by mutual consent to another lot in the manufactured home community or to another manufactured home community; or 1.2.2the Tenant is vacating the manufactured home community and so informed the Landlord before notice of the change in use was given by the Landlord; or (c) the Tenant abandons the manufactured home; or 1.2.3the Tenant has failed to pay the Tenant’s share of the Relocation Trust Fund assessment during the course of his or her tenancy. 1.3The maximum relocation payment available to a Tenant is $4,000.00 for a single section home or $8,000.00 for a multi-section home. 1.4If a Tenant is required to move due to a change in use and complies with the statutory requirements of 25Del.C. §7013, the Tenant is entitled to payment from the Relocation Trust Fund of the lesser of: 1.4.1the actual relocation expenses of moving the manufactured home and existing appurtenances to a new location within a 25 mile radius of the vacated manufactured home community, or 1.4.2the maximum benefits available under Section 1.3. 1.5Moving expenses which are eligible for reimbursement include the cost of taking down, moving and setting up the manufactured home in the new location. 1.6In certain circumstances, a manufactured home may be considered non-relocatable. If, based upon the criteria described herein, a Tenant’s manufactured home is determined by the Authority to be non-relocatable, the Tenant may qualify for compensation to reimburse the Tenant for the value of the non-relocatable home subject to the limitations set forth in the Act. 1.7.Whether or not a home can or cannot be relocated will be determined by the Authority based upon the following criteria: 1.7.1the availability of a replacement home site within a 25 mile radius of the vacated manufactured home community; 1.7.2the feasibility of physical relocation, including the ability of taking down, moving and setting up the home in a new location without causing significant structural damage to the manufactured home in the process; 1.7.3the appraised value of the manufactured home in comparison to the projected cost of relocating the manufactured home to a new location. 1.8If the Authority determines that the Tenant’s manufactured home cannot be relocated, the Tenant shall obtain, at the Tenant’s expense, an appraisal prepared by a certified manufactured home appraiser for purposes of determining the fair market value of the home and any existing appurtenances. The appraisal shall exclude the value of the underlying land. The maximum benefits available to the Tenant under such circumstances shall be determined by the Board for a single section home and a multi-section home following the completion of an actuarial study to be performed under the direction of the Authority. Subject to the maximum limits, the amount of compensation that will be paid to the Tenant will be equal to the fair market value of the home based upon the appraisal. 1.9To be eligible for compensation for a non-relocatable home, in addition to the application provided for in Section 3 hereof, the Tenant must deliver to the Authority a current State of Delaware title to the home, duly endorsed by the owner or owners of record, with valid releases of all liens shown on the title, and a tax release. 1.10In lieu of the foregoing benefits, a Tenant may elect to abandon the manufactured home in the manufactured home community and collect from the Trust Fund, in lieu of any other benefits available under the Act, the sum of $1,500 for a single section home or $2,500 for a multi-section home. To qualify for this payment, the Tenant must deliver to the Authority a current State of Delaware title to the manufactured home duly endorsed by the owner or owners of record, valid releases of all liens shown on the title, and a tax release. 2.0Criteria for Landlord Benefits 2.1If pursuant to the Act and these regulations, a manufactured home is determined to be non-relocatable or a Tenant abandons the home, upon application by the Landlord duly submitted to the Authority, a Landlord of a manufactured home community is entitled to receive from the Relocation Trust Fund payment in an amount determined by the Authority to be sufficient to remove and/or dispose of the manufactured home. The maximum relocation payment available to a Landlord is $4,000.00 for a single section home or $8,000.00 for a multi-section home. To qualify for this benefit, the Landlord must submit an application pursuant to the provisions of Section 3. Notwithstanding anything stated herein to the contrary, a Landlord shall not be entitled to any of the benefits described herein unless all of the statutory requirements set forth in the Act have been met. 2.2Upon receipt of the title documents from the Tenant for the manufactured home that is considered to be non-relocatable or abandoned pursuant to the Act, the Authority will relinquish the title to the Landlord to facilitate the removal and/or disposal of the home from the manufactured home community. Within ten (10) calendar days after the removal and/or disposal of the manufactured home by the Landlord, the Landlord shall notify the Authority in writing of the amount of funds received by the Landlord, if any, from any subsequent sale or disposal of the manufactured home, and a copy of all documents relating to the removal and/or disposal shall be provided to the Authority, including documents relating to any expenses incurred by the Landlord in removing and/or disposing of the home. 2.3Within thirty (30) days after receipt of the information and documents required under the Act and these regulations, the Authority shall cause a voucher to be issued to the Division of Revenue of the Department of Finance, directing the Division to issue a check in a designated amount to the Landlord which amount shall represent the amount determined by the Authority to be sufficient to cover the cost of the removal and/or disposal of the manufactured home, less any profit realized by the Landlord from the removal and/or disposal of the home, subject to the maximum relocation payment set forth in Section 2.1 hereof. 2.4A Landlord shall not be entitled to any payment from the Trust Fund if the Landlord has failed to pay the Landlord’s share of the total Trust Fund assessment during the course of the tenancies relating to the manufactured home community or if the Landlord has failed to remit the Tenant’s share of said assessment. 3.0Application Procedures 3.1The Authority will provide application forms (Appendix A and Appendix B) on which applicants for benefits under the Act may apply for benefits. 3.2In the case of an application for benefits under the Act by a Tenant, the application shall be in the form of Appendix A and shall contain the following information: 3.2.1name of the Tenant; 3.2.2mailing address of the Tenant; 3.2.3telephone number of the Tenant; 3.2.4manufactured home community park name and address; 3.2.5space number for the manufactured home; 3.2.6a description of the manufactured home, including its size, year, manufacturer, and whether the manufactured home is a single-wide or a double-wide; 3.2.7a copy of the title or ownership documents relating to the manufactured home; 3.2.8a copy of the notice of termination or non-renewal of the Tenant’s rental agreement due to a change in use of land; 3.2.9in the case of an application for relocation assistance, a copy of the contract between the Tenant and a licensed moving or towing contractor for the moving expenses for the home; 3.2.10in the case of any requests for compensation for a manufactured home considered by the Tenant to be non-relocatable, a description of the facts which the Tenant relies upon in support of the Tenant’s contention that the manufactured home is in fact non-relocatable based upon the criteria provided for in the Act and these regulations, together with any and all documents relating to the purchase of the manufactured home and any improvements made to the manufactured home by the Tenant; 3.2.11a certification by the Tenant that the Tenant has paid the Tenant’s share of the Trust Fund assessments during the course of the Tenant’s tenancy. 3.3In the case of an application for benefits under the Act by a Landlord, the application shall be in the form of Appendix B and shall contain the following information: 3.3.1the name of the Landlord; 3.3.2the name of the manufactured home community; 3.3.3the mailing address of the Landlord; 3.3.4the telephone number of the Landlord and if the Landlord is not an individual, the name of the designated representative of the Landlord; 3.3.5a description of each manufactured home for which the Landlord is seeking financial assistance; 3.3.6a copy of the notice of termination or non-renewal of the rental agreement due to a change in use of land; 3.3.7a contract with a licensed moving or towing contractor for the removal and/or disposal of the manufactured home; 3.3.8an itemization of all expenses, other than the expenses reflected in the contract between the Landlord and the moving or towing contractor, together with associated documents, which the Landlord anticipates will be incurred in removing and/or disposing of the manufactured home from the manufactured home community; 3.3.9a certification by the Landlord that the Landlord has paid the Landlord’s share of the total Trust Fund assessment during the course of the tenancies for the manufactured home community and has remitted to the Authority the Tenant’s share collected by the Landlord. 4.0Assistance and Data Gathering 4.1When requested, the Authority shall provide assistance to Landlords and Tenants in completing application forms. 4.2.The Authority’s staff may conduct on-site inspections and/or phone interviews with the applicants to acquire data necessary to enable the Authority to carry out its duties under the Act. 5.0Application Review Procedures 5.1The Authority has the power to approve applications pursuant to the Act. 5.2The Authority or the Authority’s staff will review applications and determine whether or not the procedural requirements under the Act and these regulations have been met. The Authority shall not be required to render a decision on any application unless and until the Applicant has submitted a completed application prepared in accordance with the Act and these regulations, and the Authority shall have the right to reject any application that does not comply with the procedural requirements of the Act or these regulations. 5.3The Board of Directors of the Authority, or a committee of the Board designated to make such decisions (if authorized by the Board of Directors) shall endeavor to render a decision with respect to each application no later than thirty (30) days after receipt by the Authority of a completed application prepared in accordance with the Act and these regulations. 5.4If the Authority approves an application, benefits available under the Act shall be made in the form of a voucher issued to the Division of Revenue of the Department of Finance, directing the Division to issue a check in a designated amount to the Applicant. Before any payment will be made by the Authority to the Applicant, the Applicant must provide the Authority with documentary evidence showing that the expenses for which the Applicant seeks reimbursement have been paid by the Applicant. Notwithstanding the foregoing, if an Applicant can demonstrate that due to financial hardship the Applicant cannot make such payments in advance of the payment of any benefit available under the Act, the Authority may issue a two-party check made payable to the Applicant and the contractor. Under such circumstances, the original check will be mailed to the Applicant and a copy will be mailed to the contractor. 5.5If at the time the application is approved, the Trust Fund does not have sufficient monies to make a payment to an Applicant, the Authority shall issue a written promissory note to the Applicant for funds due and owing. Promissory Notes shall be redeemed in order of issuance of the notes as additional monies come into the Trust Fund. 5.6If based upon the information submitted in a Tenant's completed application, the Authority determines that the Tenant's manufactured home cannot be relocated based upon the criteria set forth herein, the Tenant shall be directed to obtain, at the Tenant’s expense, an appraisal prepared by a certified manufactured home appraiser, for purposes of determining the fair market value of the home and any existing appurtenances as sited, exclusive of the value of the underlying land. Within thirty (30) days after receipt of the appraisal, the Authority shall advise the Tenant of the benefits that the Authority will pay to the Tenant for the non-relocatable home. Payment shall be made to the Tenant in the manner described herein, within ten (10) days after the Tenant provides the Authority with all the documents required, including the current title to the home. Upon receipt of the title, the Authority will relinquish the title to the Landlord to facilitate the removal and/or disposal of the home from the manufactured home community. 5.7With respect to applications submitted by the Landlord for costs associated with the removal and/or disposal of non-relocatable or abandoned manufactured homes, within thirty (30) days after the receipt of the completed application and all necessary documents and information, including the documents described in Section 5.4 hereof, the Authority shall determine the cost of removing and/or disposing of the manufactured home and shall (subject to the maximum limits set forth in Section 2.1 hereof) issue payment for said amount to the Landlord, less any profit realized by the Landlord from the removal and/or disposal of the home. 5.8If an Applicant disagrees with the Authority’s decision with respect to any application, the Applicant may petition the Authority to reconsider its decision by requesting an administrative review with the Authority no later than fourteen (14) calendar days after the Authority's initial decision on the application. The request: 5.8.1must be in writing; 5.8.2must be received by the Authority within the aforesaid fourteen (14) day period; and 5.8.3must include reasons and documentation in support of the Applicant’s position. 5.9After receipt of the Applicant’s letter, the Authority will schedule an administrative review of the application at a regularly scheduled meeting of the Board of Directors of the Authority. Notice of the administrative review meeting will be sent to the Applicant at least seven (7) days in advance of the meeting. At the administrative review meeting, the Applicant shall present information or documentation to support the Applicant’s position. At the administrative review meeting, the Authority will render a decision and notify the Applicant of its decision and the reason for the Authority's decision. The decision of the Authority shall be final and conclusive. 6.0Moving and Towing Contractors 6.1It shall be the responsibility of the Tenant and/or Landlord to enter into a contract with a towing or moving company for purposes of relocating, removing and/or disposing of a manufactured home. The contractor must be duly licensed to engage in said business in Delaware. The Authority shall not be responsible for the performance of the contractor, or have any obligation to the contractor, financial or otherwise. 7.0Certified Manufactured Home Appraisers 7.1The Authority shall maintain a list of certified manufactured home appraisers who are authorized and qualified to appraise manufactured homes in Delaware. 7.2The appraiser shall be an independent appraiser who is qualified to appraise manufactured homes in Delaware. 7.3Any appraisal required under the Act shall include the certified manufactured home appraiser’s opinion as to the fair market value of the manufactured home as sited, and any existing appurtenances, but shall exclude the value of the underlying land. The appraisal shall take into consideration the replacement cost of the manufactured home, together with the age, physical condition and appearance of the home. 7.4Any appraisal submitted by the appraiser shall include the appraiser’s professional qualifications, a summary of the salient facts and conclusions of the appraiser, a description of the manufactured home, its condition, and the appraiser’s analysis and conclusions. 7.5The appraiser shall provide at least one original and three copies of each report to the Authority. APPENDIX A DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY TENANT APPLICATION FOR RELOCATION ASSISTANCE I hereby request assistance from the Delaware Manufactured Home Relocation Trust Fund as set forth in 25Del.C. §7012. By signing this form, I certify that I am a tenant as defined in 25 Del.C. §7003(u) and that I have paid my share of the total Trust Fund assessment during the course of my tenancy. I understand that it is a class A misdemeanor for a tenant or a tenant's agent to file any notice, statement, or other document required hereunder which is false or contains a material misstatement of fact. ____________________________________________ (Signature of Tenant)(Date) ____________________________ (Social Security No.) TENANTS NAME_______________________________ (Please Print) PARK NAME __________________________________ UNIT ADDRESS:_____________________________________ Space No. CITY/STATE/ZIP CODE: _________________________ Mailing Address if different from where unit is: _______________________________________ PHONE NUMBER: _______________ SINGLE-WIDE___ DOUBLE-WIDE___ UNIT SIZE: _____YEAR: ________ MANUFACTURER: __________________ Please attach: (a) a copy of your title or a notarized document showing ownership; (b) a copy of the notice of termination or non-renewal of your rental agreement due to a change in use of land; (c) if you are seeking relocation expenses, you must submit a copy of your contract with a licensed moving or towing contractor for the moving expenses for your home; (d) if you believe that your home is non-relocatable, provide a brief description of the reason for your belief. (If the Authority determines that your home is in fact non-relocatable, you must obtain at your expense, an appraisal prepared by a certified manufactured home appraiser. A list of qualified appraisers may be obtained by contacting the Authority). If you elect to abandon your home, please so note below. Under the Act, the maximum benefit payable to a Tenant who elects to abandon his or her home is $1,500.00 for a single section home and $2,500.00 for a multi-section home. Type of Benefits Applied For: (Check the Appropriate Benefit and Amount Requested) A.Relocation Expenses of Moving Home____$ ____ B.Abandonment Payment______$ _____ C.Non-Relocatable Home Payment______$ _____ This form must be completed and returned along with the required documents to: Delaware Manufactured Home Relocation Authority Dover, Delaware 19901 APPENDIX B DELAWARE MANUFACTURED HOME RELOCATION AUTHORITY APPLICATION FOR REMOVAL AND DISPOSAL ASSISTANCE SUBMITTED BY MANUFACTURED HOME COMMUNITY OWNER The undersigned Applicant, a manufactured home community owner, hereby requests assistance from the Delaware Manufactured Home Relocation Trust Fund pursuant to 25 Del.C. §7014. By signing this form, Applicant certifies that Applicant is the owner of a manufactured home community, as defined in 25 Del.C. §7003(l), and that Applicant has paid Applicant's share of the total Trust Fund assessment during to course of the tenancies and has remitted to the Authority the tenant's share as required by law. Applicant agrees that if Applicant realizes a profit from the removal and/or disposal of a home included in this Application, Applicant will notify the Authority in writing and will reimburse the Trust Fund for any profit gained by the Applicant pertaining to that home. Applicant understands that it is a class A misdemeanor for a landlord or a landlord's agent to file any notice, statement, or other document required under Section 7014 which is false or contains a material misstatement of fact. __________________________________ (Signature of Landlord)(Date) ____________________________ (Social Security or E.I. Number) LANDLORD NAME______ _______________________ (Please Print) PARK NAME __________________________________ PARK ADDRESS:____________________________________ Space No. CITY/STATE/ZIP CODE: _________________________ Mailing Address if different from where park is located: _______________________________________ PHONE NUMBER: _______________ Total Spaces in Park:_______ TOTAL HOMES LOCATED IN PARK: ______ DATE TERMINATION/NONRENEWAL NOTICE MAILED TO TENANTS: ___________ DATE RECLOCATION PLAN FILED WITH AUTHORITY: _______________________ Please attach: (a) a copy of the Relocation Plan and all quarterly updates to the Plan; (b) a copy of the notice of termination or non-renewal due to a change in use of land; (c) if you are seeking recovery of removal/disposal expenses, you must submit a copy of your contract with a licensed moving or towing contractor for the moving and disposal expenses for each home that is being removed or disposed of; (d) for each non-relocatable or abandoned home for which compensation is sought, complete the attached summary form and submit with this Application. Total Removal/Disposal Expenses Claimed:$ ___________ This form must be completed and returned along with the required documents to: Delaware Manufactured Home Relocation Authority Dover, Delaware 19901 NON-RELOCATABLE OR ABANDONED HOME DESCRIPTION FORM HOME OWNER INFORMATION CURRENT LOCATION OF MANUFACTURED HOME Name: _________________________________ Address & Space Number: Address: _______________________________ City/State/Zip Code: ______________________ Phone Number: __________________________ DESCRIPTION OF HOME Single or Multi-Wide: ___________________________ Size: ________________________________________ Manufacturer: _________________________________ Serial Number: ________________________________ Year Manufactured: _____________________________ HUD Label if any: ______________________________ Listing of Appurtenances attached to the home, including estimate of Size: (Awnings, Skirting, Coolers or Air Conditioners, Sheds, Porches, Carport, etc.) ________________________________________________ DETAIL OF WORK TO BE PERFORMED AND CHARGES: NOTE: Must include all disassembly, transportation and disposal costs. Contractor Information: Name: _____________________________ Address: ___________________________ IF APPLICANT REALIZES A PROFIT FROM THE REMOVAL AND/OR DISPOSAL OF THE HOME, APPLICANT MUST REIMBURSE THE TRUST FUND FOR ANY PROFIT GAINED BY APPLICANT PERTAINING TO THAT HOME. DEPARTMENT OF ADMINISTRATIVE SERVIVCES DIVISION OF PROFESSIONAL REGULATION BOARD OF LANDSCAPE ARCHITECTSStatutory Authority: 24 Delaware Code, Section 205(a)(1) (24 Del.C. §205(a)(1)) 24 DE Admin. Code 200 PUBLIC NOTICE The Delaware Board of Landscape Architects is proposing to revise its rules and regulations pursuant to 24 Del.C. Sec. 205(a)(1). The Board is proposing changes to the following Regulation: Regulation 7.1.2 regarding the Definition and Scope of Continuing Education. Continuing Education Hourly Requirements and Continuing Education Reporting and Documentation. A public hearing will be held on the proposed Rules and Regulations on Thursday, December 9, 2004 at 9:00 a.m. in the Second Floor Conference Room “A” of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, 19904. If the number of persons desiring to testify at the Public Hearing is large, the amount of time allotted to each speaker will be limited. The Board will receive and consider input in writing from any person on the proposed Rules and Regulations. Any written comments should be submitted to the Board in care of Sherry Clark at the above address. The final date to submit written comments shall be at the above scheduled public hearing. Persons may view the proposed changes to the Regulations between the hours of 8:15 a.m. to 4:15 p.m., Monday through Friday, at the Board’s office at the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. There will be a reasonable fee charged for copies of the proposed changes. This notice will be published in two newspapers of general circulation not less than twenty (20) days prior to the date of the hearing. 200 Board of Landscape Architects 7.0Continuing Education as a Condition of Biennial Renewal 7.1General Statement: Each licensee shall be required to meet the continuing education requirements of these guidelines for professional development as a condition for license renewal. Continuing education obtained by a licensee should maintain, improve or expand skills and knowledge obtained prior to initial licensure, or develop new and relevant skills and knowledge. 7.1.1In order for a licensee to qualify for license renewal as a landscape architect in Delaware, the licensee must have completed 20 hours of continuing education acceptable to the Board within the previous two years, or be granted an extension by the Board for reasons of hardship. Such continuing education shall be obtained by active participation in courses, seminars, sessions, programs or self-directed activities approved by the Board. 7.1.1.1For purposes of seminar or classroom continuing education, one hour of acceptable continuing education shall mean 60 minutes of instruction. 7.1.2To be acceptable for credit toward this requirement, all courses, seminars, sessions, programs or self-directed activities shall be submitted to the Board. The Board shall recommend any course, seminar, session or program for continuing education credit that meets the criteria in sub-paragraph 7.1.2.1 below. All courses, seminars, sessions and programs are acceptable for continuing education credit if sponsored by organizations listed in Rule 7.1.3. All other continuing education credits will be reviewed at the time of renewal. All self-directed activities for continuing education credit allowed by Rule 7.6 must be pre-approved and submitted by the licensee 60 days prior to the activity on the form provided in Rules 7.3 and 7.4 7.1.2.1Each course, seminar, session, program, or self-directed activity to be recommended for approval by the Board shall have a direct relationship to the practice of landscape architecture as defined in the Delaware Code and contain elements which will assist licensees to provide for the health, safety and welfare of the citizens of Delaware served by Delaware licensed landscape architects. 5 DE Reg. 446 (8/1/01) 7.1.3Continuing Education courses offered or sponsored by the following organizations will be automatically deemed to qualify for continuing education credit: 7.1.3.1American Society of Landscape Architects (National and local/chapter levels) 7.1.3.2Council of Landscape Architectural Registration 7.1.4Erroneous or false information attested to by the licensee shall constitute grounds for denial of license renewal. 7.2Effective Date: The Board shall commence requiring continuing education as a condition of renewal of a license for the license year commencing on February 1, 1995. The licensee shall be required to successfully complete twenty (20) hours of continuing education within the previous two calendar years (example: February 1, 1993 through January 31, 1995). 7.3For licensing periods beginning February 1, 2001 and thereafter, documentation as required by Rule 7.4 of all continuing education hours must be submitted to the Board on or before November 1 of the year preceding the biennial renewal date of the licenses. A license shall not be renewed until the Board has approved twenty (20) hours of continuing education classes as provided in Rule 7.1 or has granted an extension of time for reasons of hardship. 7.4Reporting: The licensee shall submit a completed Verification of Continuing Education Form provided by the Division of Professional Regulation to the Board. 7.4.1Each licensee must retain copies of all supporting materials documenting proof of continuing education compliance for submission to the Board upon request. Supporting materials include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Board reserves its right to request additional information and/or documentation to verify continuing education compliance. 7.5Hardship: The Board will consider any reasonable special request from individual licensees for continuing education credits and procedures. The Board may, in individual cases involving physical disability, illness, or extenuating circumstances, grant an extension, not to exceed two (2) years, of time within which continuing education requirements must be completed. In cases of physical disability or illness, the Board reserves the right to require a letter from a physician attesting to the licensee’s physical condition. No extension of time shall be granted unless the licensee submits a written request to the Board prior to the expiration of the license. 7.6Self-directed Activities: For renewal periods beginning February 1, 2001, the following rules regarding self-directed activity shall apply. The Board will have the authority to allow self-directed activities to fulfill the continuing education requirements of the licensees. However, these activities must result in a book draft, published article, delivered paper, workshop, symposium, or public address within the two (2) year reporting period. Self-directed activities must advance the practitioner’s knowledge of the field and be beyond the practitioner’s normal work duties. Instructors will not be granted CE credit for studies customarily associated with their usual university or college instruction teaching loads. 7.6.1The Board may, upon request, review and approve credit for self-directed activities in a given biennial licensing period. A licensee must obtain pre-approval of the Board prior to undertaking the self-directed activity in order to assure continuing education credit for the activity. Any self-directed activity submitted for approval must include a written proposal outlining the scope of the activity, the number of continuing education hours requested, the anticipated completion date(s), the role of the licensee in the case of multiple participants and whether any part of the self-directed activity has ever been previously approved or submitted for credit by the same licensee. Determination of credit will be made by the Board upon review of the completed final project. 7.7Exemptions: New licensees by way of uniform national examination or by way of reciprocity shall be exempt from the continuing education requirements set forth herein for their first renewal period. 5 DE Reg. 446 (8/1/01) *Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Landscape Architects is available at: http://www.state.de.us/research/AdminCode/title24/200 Board of Landscape Architecture.shtml DIVISION OF PROFESSIONAL REGULATION BOARD OF CHIROPRACTICStatutory Authority: 24 Delaware Code, Section 706(a)(1) (24 Del.C. §706(a)(1)) 24 DE Admin. Code 700 PUBLIC NOTICE The Delaware Board of Chiropractic in accordance with 24 Del.C. §706(a)(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of chiropractic services. A public hearing will be held on December 16, 2004 at 8:45 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 copy from the Delaware Board of Chiropractic, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover 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. 700 Board of Chiropractic 9.0Crimes substantially related to the practice of chiropractic 9.1Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of chiropractic in the State of Delaware without regard to the place of conviction: 9.1.1Manslaughter. 11 Del.C. §632. 9.1.2Murder by abuse or neglect in the first degree. 11 Del.C. § 634. 9.1.3Murder in the second degree. 11 Del.C. § 635. 9.1.4Murder in the first degree. 11 Del.C. § 636. 9.1.5Rape in the second degree. 11 Del.C. § 772. 9.1.6Rape in the first degree. 11 Del.C. § 773. 9.1.7Continuous sexual abuse of a child. 11 Del.C. § 778. 9.1.8Dangerous crime against a child. 11 Del.C. § 779. 91.9Sexual exploitation of a child. 11 Del.C. § 1108. 9.1.10Unlawfully dealing in child pornography. 11 Del.C. § 1109. 9.2Crimes substantially related to the practice of chiropractic shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule. *Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Chiropractic is available at: http://www.state.de.us/research/AdminCode/title24/700 Board of Chiropractic.shtml DIVISION OF PROFESSIONAL REGULATION BOARD OF ELECTRICAL EXAMINERSStatutory Authority: 24 Delaware Code, Section 1406(b) (24 Del.C. §1406(b)) 24 DE Admin. Code 1400 PUBLIC NOTICE The Delaware Board of Electrical Examiners in accordance with 24 Del.C. §1406(b) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the work of an electrician. A public hearing will be held at 9:00 a.m. on December 1, 2004 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 Electrical Examiners, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover 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. 1400 Board of Electrical Examiners 17.0Crimes substantially related to work of an electrician. 17.1Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or the solicitation to commit any of the following crimes, is deemed to be a crime substantially related to the work of an electrician in the State of Delaware without regard to the place of conviction: 17.1.1Reckless endangering in the first degree. 11 Del.C. §604 17.1.2Assault in the second degree.11 Del.C.§612 17.1.3Assault in the first degree.11 Del.C. §613 17.1.4Manslaughter. 11 Del.C. §632 17.1.5Murder by abuse or neglect in the second degree. 11 Del.C. §633 17.1.6Murder by abuse or neglect in the first degree. 11 Del.C. §634 17.1.7Murder in the second degree. 11 Del.C.§635 17.1.8Murder in the first degree. 11 Del.C..§636 17.1.9Unlawful sexual contact in the second degree. 11 Del.C.§768 17.1.10Unlawful sexual contact in the first degree. 11 Del.C.§ 769 17.1.11Rape in the fourth degree. 11Del.C.§770 17.1.12Rape in the third degree. 11 Del.C.§771 17.1.13Rape in the second degree. 11Del.C.§772 17.1.14Rape in the first degree. 11 Del.C. §773 17.1.15Sexual extortion. 11 Del.C. §776 17.1.16Continuous sexual abuse of a child. 11 Del.C. §778 17.1.17Dangerous crimes against a child. 11 Del.C. §779 17.1.18Kidnapping in the second degree. 11 Del.C. §783 17.1.19Kidnapping in the first degree.11 Del.C. §783A 17.1.20Arson in the second degree.11 Del.C.§802 17.1.21Arson in the first degree.11 Del.C. §803 17.1.22Criminal mischief. 11 Del.C. §811 17.1.23Burglary in the third degree. 11 Del.C. §824 17.1.24Burglary in the second degree.11 Del.C. §825 17.1.25Burglary in the first degree.11 Del.C. §826 17.1.26Robbery in the second degree. 11 Del.C.§831 17.1.27Robbery in the first degree. 11 Del.C.§832 17.1.28Theft of services. 11 Del.C. §845 17.1.29Extortion. 11 Del.C. §846 17.1.30Identity theft. 11 Del.C. §854 17.1.31Forgery. 11 Del.C. §861 17.1.32Unlawful use of credit card. 11 Del.C. §903 17.1.33Criminal impersonation of a police officer. 11 Del.C. §907B 17.1.34Insurance fraud. 11 Del.C. §913 17.1.34Home improvement fraud. 11 Del.C. §916 17.1.36New home construction fraud. 11 Del.C.§917 17.1.37Dealing in children. 11 Del.C. §1100 17.1.38Sexual exploitation of a child. 11 Del.C.§1108 17.1.39Unlawful dealing in child pornography. 11 Del.C. §1109 17.1.40Sexual solicitation of a child.11 Del.C.§1112A 17.1.41Perjury in the second degree. 11 Del.C. §1222 17.1.42Perjury in the first degree. 11 Del.C.§1223 17.1.43Aggravated harassment. 11 Del.C. §1312 17.1.44Adulteration. 11 Del.C. §1339 17.1.45Possession of a firearm during a felony. 11 Del.C. §1447 17.1.46Theft of a firearm.11 Del.C. §1451 17.1.47Organized crime and racketeering. 11Del.C. §1503 17.1.48Breaking and entering, etc. to place or remove equipment 11 Del.C. §2410 17.2 Crimes substantially related to the work of an electrician shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule. *Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Electrical Examiners is available at: http://www.state.de.us/research/AdminCode/title24/1400 Board of Electrical Examiners.shtml DIVISION OF PROFESSIONAL REGULATION BOARD OF MEDICAL PRACTICEStatutory Authority: 24 Delaware Code, Section 1730(a)(12) (24 Del.C. §1730(a)(12)) 24 DE Admin. Code 1700 PUBLIC NOTICE AUTHORITY Pursuant to 74 Del. Laws c. 262, (Senate Bill No. 229 of the 142 General Assembly, 2004, as amended), the Board was directed to promulgate regulations specifically identifying those crimes which are substantially related to the practice of medicine and the practice of licensed respiratory care and practice as a licensed physician’s assistant. PURPOSE The Board of Medical Practice 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 expertise 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 public at times when they may be sick, infirmed or otherwise extremely vulnerable to undue influence or other forms of misuse, fraud and abuse. It is therefore critical that all reasonable steps are taken to determine, to the extent possible, that the regulation of such professionals takes into consideration not only the individual’s technical competence but his or her demonstrated propensity to behave in a way that does not expose the client population to risk or diminish legitimate expectations of honest and honorable behavior by such licensed health care professionals. 1700 Board of Medical Practice 29.0Crimes Substantially Related to the Practice of Medicine and the Practice of Licensed Respiratory Care and Practice as a Licensed Physician’s Assistant 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 or jurisdiction, is deemed to be substantially related to the practice of Medicine, Respiratory Care and Physician’s Assistants in the State of Delaware without regard to the place of conviction: 29.1For the purposes of this section the following definitions shall apply: “Conviction” means a verdict of guilty 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). “Jurisdiction” Including 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. 29.2Any 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 29.2.1§601. Offensive touching; 29.2.2§602. Menacing; 29.2.3§603. Reckless endangering in the second degree; 29.2.4§604. Reckless endangering in the first degree; 29.2.5§605. Abuse of a pregnant female in the second degree; 29.2.6§606. Abuse of a pregnant female in the first degree; 29.2.7§611. Assault in the third degree; 29.2.8§612. Assault in the second degree; 29.2.9§613. Assault in the first degree; 29.2.10§614. Assault on a sports official. 29.2.11§615. Assault by abuse or neglect; 29.2.12§621. Terroristic threatening; 29.2.13§625. Unlawfully administering drugs; 29.2.14§626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs; 29.2.15§627. Prohibited acts as to substances releasing vapors or fumes; 29.2.16§628. Vehicular assault in the second degree; 29.2.17§629. Vehicular assault in the first degree; 29.2.18§630. Vehicular homicide in the second degree; 29.2.19§630A. Vehicular homicide in the first degree; 29.2.20§631. Criminally negligent homicide; 29.2.21§632. Manslaughter; 29.2.22§633. Murder by abuse or neglect in the second degree; 29.2.23§634. Murder by abuse or neglect in the first degree; 29.2.24§635. Murder in the second degree; 29.2.25§636. Murder in the first degree; 29.2.26§645. Promoting suicide. Abortion and Related Offenses 29.2.27§651. Abortion; 29.2.28§653. Issuing abortional articles. Sexual Offenses 29.2.29§763. Sexual harassment; 29.2.30§764. Indecent exposure in the second degree; 29.2.31§765. Indecent exposure in the first degree; 29.2.32§766. Incest; 29.2.33§767. Unlawful sexual contact in the third degree; 29.2.34§768. Unlawful sexual contact in the second degree; 29.2.35§769. Unlawful sexual contact in the first degree; 29.2.36§770. Rape in the fourth degree; 29.2.37§771. Rape in the third degree; 29.2.38§772. Rape in the second degree; 29.2.39§773. Rape in the first degree; 29.2.40§776. Sexual extortion; 29.2.41§777. Bestiality; 29.2.42§778. Continuous sexual abuse of a child; 29.2.43§780. Female genital mutilation. Kidnapping and Related Offenses 29.2.44§781. Unlawful imprisonment in the second degree; 29.2.45§782. Unlawful imprisonment in the first degree; 29.2.46§783. Kidnapping in the second degree; 29.2.47§783A. Kidnapping in the first degree; 29.2.48§785. Interference with custody; Coercion 29.2.49§791. Acts constituting coercion; 29.3Any 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 29.3.1§801. Arson in the third degree; 29.3.2§802. Arson in the second degree; 29.3.3§803. Arson in the first degree; 29.3.4§804. Reckless burning or exploding; 29.3.5§805. Cross or religious symbol burning; Criminal Trespass and Burglary 29.3.6§820. Trespassing with intent to peer or peep into a window or door of another; 29.3.7§821. Criminal trespass in the third degree; 29.3.8§822. Criminal trespass in the second degree; 29.3.9§823. Criminal trespass in the first degree; 29.3.10§824. Burglary in the third degree; 29.3.11§825. Burglary in the second degree; 29.3.12§826. Burglary in the first degree; 29.3.13§828. Possession of burglar’s tools or instruments facilitating theft; Robbery 29.3.14§831. Robbery in the second degree; 29.3.15§832. Robbery in the first degree. 29.3.16§835. Carjacking in the second degree; 29.3.17§836. Carjacking in the first degree; Theft and Related Offenses 29.3.18§840. Shoplifting; class G felony; 29.3.19§840A. Use of illegitimate retail sales receipt or Universal Product Code Label. 29.3.20§841. Theft; 29.3.21§842. Theft; lost or mislaid property; mistaken delivery. 29.3.22§843. Theft; false pretense. 29.3.23§844. Theft; false promise. 29.3.24§845. Theft of services. 29.3.25§846. Extortion; 29.3.26§848. Misapplication of property; 29.3.27§849. Theft of rented property; 29.3.28§850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices. 29.3.29§851. Receiving stolen property; 29.3.30§853. Unauthorized use of a vehicle; 29.3.31§854. Identity theft; 29.3.32§859. Larceny of livestock; 29.3.33§860. Possession of shoplifter’s tools or instruments facilitating theft; Forgery and Related Offenses 29.3.34§861. Forgery; class F felony; 29.3.35§862. Possession of forgery devices; Offenses Involving Falsification of Records 29.3.36§871. Falsifying business records; 29.3.37§872. Falsifying business records; 29.3.38§873. Tampering with public records in the second degree; 29.3.39§876. Tampering with public records in the first degree; 29.3.40§877. Offering a false instrument for filing; 29.3.41§878. Issuing a false certificate; Bribery Not Involving Public Servants 29.3.42§881. Bribery; 29.3.43§882. Bribe receiving; Frauds on Creditors 29.3.44§891. Defrauding secured creditors; 29.3.45§892. Fraud in insolvency; 29.3.46§893. Interference with levied-upon property; Other Frauds and Cheats 29.3.47§900. Issuing a bad check; 29.3.48§903. Unlawful use of credit card; 29.3.49§903A. Reencoder and scanning devices; 29.3.50§906. Deceptive business practices; 29.3.51§907. Criminal impersonation; 29.3.52§907A. Criminal impersonation, accident related; 29.3.53§907B. Criminal impersonation of a police officer; 29.3.54§908. Unlawfully concealing a will; 29.3.55§909. Securing execution of documents by deception; 29.3.56§910. Debt adjusting; 29.3.57§911. Fraudulent conveyance of public lands; 29.3.58§912. Fraudulent receipt of public lands;. 29.3.59§913. Insurance fraud; 29.3.60§913A. Health care fraud; 29.3.61§914. Use of consumer identification information; 29.3.62§915. Use of credit card information; 29.3.63§915A. Credit and debit card transaction receipts; 29.3.64§916. Home improvement fraud; 29.3.65§917. New home construction fraud; Offenses Relating to Recorded Devices 29.3.66§920. Transfer of recorded sounds; 29.3.67§921. Sale of transferred recorded sounds; 29.3.68§922. Improper labeling; Computer Related Offenses 29.3.69§932. Unauthorized access. 29.3.70§933. Theft of computer services. 29.3.71§934. Interruption of computer services. 29.3.72§935. Misuse of computer system information. 29.3.73§936. Destruction of computer equipment. 29.3.74§937. Unrequested or unauthorized electronic mail or use of network or software to cause same. 29.3.75§938. Failure to promptly cease electronic communication upon request. Offenses Relating to Marriage 29.3.76§1001. Bigamy; 29.3.77§1003. Bigamous marriage contracted outside the State. 29.4Any 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 29.4.1§1100. Dealing in children; 29.4.2§1101. Abandonment of child; 29.4.3§1102. Endangering the welfare of a child; 29.4.4§1105. Endangering the welfare of an incompetent person; 29.4.5§1106. Unlawfully dealing with a child; 29.4.6§1107. Endangering children; 29.4.7§1108. Sexual exploitation of a child; 29.4.8§1109. Unlawfully dealing in child pornography; 29.4.9§1111. Possession of child pornography; 29.4.10§1112. Sexual offenders; prohibitions from school zones. 29.4.11§1112A .Sexual solicitation of a child; 29.4.12§1113. Criminal non-support and aggravated criminal non-support. 29.4.13§1114. Body-piercing; tattooing or branding; 29.4.14§1114A. Tongue-splitting; 29.4.15§1116. Sale or distribution of tobacco products to minors; 29.4.16§1117. Notice; 29.4.17§1119. Distribution of cigarettes through vending machines; 29.4.18§1120. Distribution of tobacco products; 29.4.19§1124. Purchase or receipt of tobacco products by minor; 29.4.20§1325. Cruelty to animals; 29.4.21§1325A. The unlawful trade in dog or cat by-products; 29.4.22§1326. Animals; fighting and baiting prohibited; 29.4.23§1327. Maintaining a dangerous animal; 29.5Any 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 29.5.1§1201. Bribery; 29.5.2§1203. Receiving a bribe; 29.5.3§1205. Giving unlawful gratuities; 29.5.4§1206. Receiving unlawful gratuities; 29.5.5§1207. Improper influence; 29.5.6§1211. Official misconduct; 29.5.7§1212. Profiteering. Perjury and related offenses 29.5.8§1221. Perjury in the third degree; 29.5.9§1222. Perjury in the second degree; 29.5.10§1223. Perjury in the first degree; 29.5.11§1233. Making a false written statement; 29.5.12§1239. Wearing a disguise during the commission of a felony; 29.5.13§1240. Terroristic threatening of public officials or public servants; 29.5.14§1241. Refusing to aid a police officer; 29.5.15§1243. Obstructing fire-fighting operations; 29.5.16§1244. Hindering prosecution; 29.5.17§1245. Falsely reporting an incident; 29.5.18§1246. Compounding a crime; 29.5.19§1248. Obstructing the control and suppression of rabies; 29.5.20§1249. Abetting the violation of driver’s license restrictions; 29.5.21§1250. Offenses against law-enforcement animals; 29.5.22§1251. Escape in the third degree; 29.5.23§1252. Escape in the second degree; 29.5.24§1253. Escape after conviction; 29.5.25§1254. Assault in a detention facility; 29.5.26§1257A. Use of an animal to avoid capture; 29.5.27§1259. Sexual relations in detention facility; 29.5.28§1260. Misuse of prisoner mail. Offenses Relating to Judicial and Similar Proceedings 29.5.29§1261. Bribing a witness; 29.5.30§1262. Bribe receiving by a witness; 29.5.31§1263. Tampering with a witness; 29.5.32§1263A.Interfering with child witness. 29.5.33§1264. Bribing a juror; 29.5.34§1265. Bribe receiving by a juror; 29.5.35§1266. Tampering with a juror; 29.5.36§1267. Misconduct by a juror; 29.5.37§1269. Tampering with physical evidence; 29.5.38§1271. Criminal contempt; 29.5.39§1271A.Criminal contempt of a domestic violence protective order; 29.5.40§1273. Unlawful grand jury disclosure. 29.6Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individuals ability to make health care decisions or advise upon health care related matters for other individuals. Disorderly Conduct and Related Offenses 29.6.1§1301. Disorderly conduct; 29.6.2§1302. Riot; 29.6.3§1304. Hate crimes; 29.6.4§1311. Harassment; 29.6.5§1312. Aggravated harassment; 29.6.6§1312A.Stalking; 29.6.7§1313. Malicious interference with emergency communications; 29.6.8§1315. Public intoxication; 29.6.9§1316. Registration of out-of-state liquor agents; 29.6.10§1320. Loitering on property of a state-supported school, college or university; 29.6.11§1321. Loitering 29.6.12§1322. Criminal nuisance; 29.6.13§1323. Obstructing public passages; 29.6.14§1324. Obstructing ingress to or egress from public buildings; 29.6.15§1331. Desecration; 29.6.16§1332. Abusing a corpse; 29.6.17§1333. Trading in human remains and associated funerary objects. 29.6.18§1335. Violation of privacy; 29.6.19§1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; 29.6.20§1339. Adulteration; 29.6.21§1340. Desecration of burial place. Offenses Involving Public Indecency 29.6.22§1341. Lewdness; 29.6.23§1342. Prostitution; 29.6.24§1343. Patronizing a prostitute prohibited. 29.6.25§1351. Promoting prostitution in the third degree; 29.6.26§1352. Promoting prostitution in the second degree; 29.6.27§1353. Promoting prostitution in the first degree; 29.6.28§1355. Permitting prostitution; Obscenity 29.6.29§1361. Obscenity; acts constituting; 29.6.30§1365. Obscene literature harmful to minors; 29.6.31§1366. Outdoor motion picture theatres; Offenses Involving Gambling 29.6.32§1403. Advancing gambling in the first degree; 29.6.33§1404. Providing premises for gambling; 29.65.34§1405. Possessing a gambling device; class A misdemeanor. 29.6.35§1406. Being concerned in interest in keeping any gambling device; 29.6.36§1407. Engaging in a crap game; 29.6.37§1411. Unlawfully disseminating gambling information. 29.7Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive substances and those non-addictive substances with a substantial capacity to impair reason or judgment and shall include by way of example and not of limitation the following crimes listed in Chapter 47 of Title 16 of the Delaware Code Annotated: 29.7.1§4751. Prohibited acts A; 29.7.2§4752. Prohibited acts B; 29.7.3§4752A.Unlawful delivery of noncontrolled substance. 29.7.4§4753. Prohibited acts C. 29.7.5§4753A.Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs. 29.7.6§4754. Prohibited acts D; 29.6.7§4754A.Possession and delivery of noncontrolled prescription drug. 29.7.8§4755. Prohibited acts E; 29.7.9§4756. Prohibited acts; 29.7.10§4757. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions; 29.7.11§4758. Keeping drugs in original containers. 29.7.12§4761. Distribution to persons under 21 years of age; 29.7.13§4761A.Purchase of drugs from minors; 29.7.14§4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property; 29.7.15§4768. Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship. 29.8Any crime which involves the 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 29.8.1§1442. Carrying a concealed deadly weapon; 29.8.2§1443. Carrying a concealed dangerous instrument; 29.7.3 §1444. Possessing a destructive weapon; 29.8.4 §1445. Unlawfully dealing with a dangerous weapon; 29.8.5§1446. Unlawfully dealing with a switchblade knife; 29.8.6§1447. Possession of a deadly weapon during commission of a felony; 29.8.7§1447A.Possession of a firearm during commission of a felony; 29.8.8§1448. Possession and purchase of deadly weapons by persons prohibited; 29.8.9§1448A.Criminal history record checks for sales or firearms; 29.8.10§1449. Wearing body armor during commission of felony; 29.8.11§1450. Receiving a stolen firearm; 29.8.12§1451. Theft of a firearm; 29.8.13§1452. Unlawfully dealing with knuckles-combination knife; 29.8.14§1453. Unlawfully dealing with martial arts throwing star; 29.8.15§1454. Giving a firearm to person prohibited; 29.8.16§1455. Engaging in a firearms transaction on behalf of another; 29.8.17§1456. Unlawfully permitting a minor access to a firearm; 29.8.18§1457. Possession of a weapon in a Safe School and Recreation Zone; 29.8.19§1458. Removing a firearm from the possession of a law enforcement officer; 29.8.20§1459. Possession of a weapon with a removed, obliterated or altered serial number; 29.8.21§1471. Prohibited acts. Offenses Involving Drug Paraphernalia 29.8.22§4774. Penalties. Offenses Involving Organized Crime and Racketeering 29.8.23§1504. Criminal Penalties for Organized Crime & Racketeering Offenses Involving Intimidation of Victims or Witnesses 29.8.24§3532. Acts of Intimidation: Class E felony 29.8.25§3533. Aggravated act of intimidation, Class D felony Other Crimes 29.8.26Title 3 §1041. Willfully or maliciously starting fires; Carelessly Starting Fires; 29.8.27§1043. Setting fire to woodland; Unseasonable Marsh Burning. 29.8.28Title 4 §901. Offenses carrying penalty of imprisonment for 3 to 6 months; 29.8.29§902. Offenses carrying penalty of fine of $500 to $1,000 or imprisonment of 3 to 6 months on failure to pay fine; 29.8.30§903. Offenses carrying penalty of fine of not more than $100 imprisonment for 1 month on failure to pay fine; 29.8.31 §904. Offenses concerning certain persons; 29.8.32§905. Unlicensed manufacture of alcoholic liquor; Possession of still, apparatus, mash, etc., by unlicensed person; 29.8.33 §906. Transportation or shipment; 29.8.34 §907. Interference with officer or inspector; 29.8.35§908. Failure of licensee to file report; 29.8.36§909. Violation of rules respecting liquor taxes. 29.8.37Title 7 §1717. Unauthorized acts against a service guide or seeing eye dog. 29.8.38Title 11 §2403. Manufacture, possession or sale of intercepting device; 29.8.39§2410. Breaking and entering, etc. to place or remove equipment; 29.8.40§2412. Obstruction, impediment or prevention of interception; 29.8.41§2422. Divulging contents of communications; 29.8.42§3532. Act of intimidation; 29.8.43§3533. Aggravated act of intimidation; 29.8.44§3534. Attempt to intimidate; 29.8.45§8523. Penalties [for violation of reporting provision re: SBI]; 29.8.46§8562. Penalties [for failure of child-care provider to obtain information required under §8561 or for those providing false information] 29.8.47§8572. Penalties [for providing false information when seeking employment in a public school] 29.8.48 §9016. Filing false claim [under Victims’ Compensation Fund]. 29.8.49Title 12 §210. Alteration, theft or destruction of Will. 29.8.50Title 16 §1136.Abuse or neglect of a patient or resident of a nursing facility. 29.8.51Title 21 §2118A.Unlawful possession or manufacture of proof of insurance; 29.8.52§2133. Penalties; jurisdiction of justices of the peace. 29.8.53§2315. False statements; 29.8.54§2316. Altering or forging certificate of title, manufacturer’s certificate of origin, registration sticker or vehicle I identification plate; 29.8.55§2620. False statements; incorrect or incomplete information; 29.8.56§2703. License to operate a motorcycle, motorbike, etc.; 29.8.57§2710. Issuance of a Level 1 Learner’s Permit and Class D operator’s license to persons under 18 years of age; 29.8.58§2722. Restricted licenses based on driver’s physical limitations; 29.8.59§2751. Unlawful application for or use of license or identification card; 29.8.60§2752. False statements; 29.8.61§2756. Driving vehicle while license is suspended or revoked; penalty; 29.8.62§2760. Duplication, reproduction, altering, or counterfeiting of driver’s licenses or identification cards. 29.8.63Title 23 §2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; 29.8.64§2305. Penalties; jurisdiction. 29.8.65Title 24 §903. Sale to persons under 21 or intoxicated persons. 29.8.66Title 29 §3107. Motor vehicle safety-responsibility; False statements; 29.8.67§4175A.Reckless driving; 29.8.68§4177. Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties. 29.8.69§4177M.Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs; 29.8.70§4183 Parking areas for vehicles being used by persons with disabilities; 29.8.71§4198J. Bicycling on highways under influence of drugs or alcohol; 29.8.72§4198O. Operation of electric personal assistive mobility devices (EPAMD); 29.8.73§4201. Duty of driver involved in accident resulting in property damage or injury; 29.8.74§4202. Duty of driver involved in accident resulting in injury or death to any person; 29.8.75§4203. Duty to report accidents; evidence; 29.8.76§4204. Report of damaged vehicles; cars involved in fatal accidents; 29.8.77§4604. Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock picking devices and hot wires; 29.8.78§6420. Odometers penalties; 29.8.79§6702. Driving vehicle without consent of owner; 29.8.80§6704. Receiving or transferring stolen vehicle; 29.8.81§6705. Removed, falsified or unauthorized identification number on vehicle, bicycle or engine; removed or affixed license/registration plate with intent to misrepresent identity; 29.8.82§6707. Penalty; 29.8.83§6709. Removal of warranty or certification stickers; vehicle identification plates; confidential vehicle identification numbers; 29.8.84§6710. Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers. 29.8.85Title 30 §571. Attempt to evade or defeat tax; 29.8.86§572. Failure to collect or pay over tax; 29.8.87§573. Failure to file return, supply information or pay tax; 29.8.88§574. Fraud and false statements; 29.8.89§576. Misdemeanors. 29.8.90Title 31 §1007. Fraudulent acts penalties; 29.8.91§3913. Welfare violations [knowing or reckless abuse of an infirm adult] 29.9Any crime which is a violation of Title 24, Chapter 17 (Delaware Medical Practices Act) as it may be amended from time to time or of any other statute which requires the reporting of a medical situation or condition to state, federal or local authorities or a crime which constitutes a violation of the Medical Practice Act of the state in which the conviction occurred or in which the physician is licensed. 29.10The Board reserves the jurisdiction and authority to modify this regulation as and if it becomes necessary to either add or delete crimes including such additions as may be required on an emergency basis under 29 Del. C. §10119 to address imminent peril to the public health, safety or welfare.  The Board also specifically reserves the jurisdiction to review any crime committed by an applicant for licensure as a physician and to determine whether to waive the disqualification under 24 Del.C. §1720(d). *Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Medical Practice is available at: http://www.state.de.us/research/AdminCode/title24/1700 Board of Medical Practice.shtml DIVISION OF PROFESSIONAL REGULATION BOARD OF MEDICAL PRACTICE RESPIRATORY CARE PRACTICE ADVISORY COUNCILStatutory Authority: 24 Delaware Code, Section 1770B(e) (24 Del.C. §1770B(e)(5)) 24 DE Admin. Code 1770 PUBLIC NOTICE PLEASE TAKE NOTICE, pursuant to 29 Del.C. Ch. 101 and 24 Del.C. §1770B(e)(5), the Respiratory Care Practice Advisory Council of the Delaware Board of Medical Practice proposes to revise its Rules and Regulations. The proposed revisions will delete a subsection regarding the accumulation of continuing education and add a new section to address and regulate the administration of sedation and analgesia by Respiratory Care Practitioners. A public hearing will be held on the proposed Rules and Regulations on January 18, 2005 at 1:00 p.m. in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Council will receive and consider input in writing from any person concerning the proposed Rules and Regulations. Any written comments should be submitted to the Council in care of Gayle Franzolino at the above address. The final date to submit written comments shall be at the above scheduled public hearing. Anyone wishing to obtain a copy of the proposed Rules and Regulations or to make comments at the public hearing should notify Gayle Franzolino at the above address or by calling her at (302) 744-4520. 1770 Respiratory Care Practice Advisory Council 8.0Continuing Education 8.1Contact Hours Required for Renewal 8.1.1The respiratory care practitioner shall be required to complete (20) twenty contact hours biennially and to retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least (3) three years. Upon request, such documentation shall be made available to the Council for random audit and verification purposes. All contact hours must be completed at least sixty (60) days prior to the end of the renewal year. 8.1.2Contact hours shall be prorated for new licensees in accordance with the following schedule: Two years remaining in the licensing cycle requires -20 hours One year remaining in the licensing cycle requires - 10 hours Less than one year remaining in the licensing cycle -exempt 8.2Exemptions 8.2.1A licensee who because of a physical or mental illness during the license period could not complete the continuing education requirement may apply through the Council to the Board of Medical Practice for a waiver. A waiver would provide for an extension of time or exemption from some or all of the continuing education requirements for one (1) renewal period. Should the illness extend beyond one (1) renewal period, a new request must be submitted. 8.2.2A request for a waiver must be submitted sixty (60) days prior to the license renewal date. 8.3Criteria for Qualification of Continuing Education Program Offerings The following criteria are given to guide respiratory care practitioners in selecting an appropriate activity/program and to guide the provider in planning and implementing continuing education activities/programs. The overriding consideration in determining whether a specific activity/program qualifies as acceptable continuing education shall be that it is a planned program of learning which contributes directly to the professional competence of the respiratory care practitioner. 8.3.1Definition of Contact Hours 8.3.1.1Fifty consecutive minutes of academic course work, correspondence course, or seminar/workshop shall be equivalent to one (1) contact hour. A fraction of a contact hour may be computed by dividing the minutes of an activity by 50 and expressed as a decimal. 8.3.1.2Recredentialing examination for certified respiratory therapy technician, (CRTT), and registered respiratory therapist, (RRT), shall be equivalent to five (5) contact hours. 8.3.1.3Successful completion of advanced specialty exams administered by the National Board for Respiratory Care, (NBRC), shall be equal to five (5) contact hours for each exam. 8.3.1.4One (1) semester hour shall be equal to fifteen (15) contact hours. 8.3.1.5One (1) quarter hour shall be equal to ten (10) contact hours. 8.3.1.6Two (2) hours (120 minutes) of clinical educational experience shall be equal to one (1) contact hour. 8.3.1.7Fifty (50) consecutive minutes of presentation of lectures, seminars or workshops in respiratory care or health care subjects shall be equivalent to one (1) contact hour. 8.3.1.8Preparing original lectures, seminars, or workshops in respiratory care or health care subjects shall be granted no more than two (2) contact hours for each contact hour of presentation. 8.3.1.9Performing clinical or laboratory research in health care shall be reviewed and may be granted an appropriate number of contact hour(s) at the Council’s discretion. 8.3.2Learner Objectives 8.3.2.1Objectives shall be written and be the basis for determining content, learning experience, teaching methodologies, and evaluation. 8.3.2.2Objectives shall be specific, attainable, measurable, and describe expected outcomes for the learner. 8.3.3Subject Matter Appropriate subject matter for continuing education shall include the following: 8.3.3.1Respiratory care science and practice and other scientific topics related thereto 8.3.3.2Respiratory care education 8.3.3.3Research in respiratory care and health care 8.3.3.4Management, administration and supervision in health care delivery 8.3.3.5Social, economic, political, legal aspects of health care 8.3.3.6Teaching health care and consumer health education 8.3.3.7Professional requirements for a formal respiratory care program or a related field beyond those that were completed for the issuance of the original license 8.3.4Description Subject matter shall be described in outline form and shall include learner objectives, content, time allotment, teaching methods, faculty, and evaluation format. 8.3.5Types of Activities/Programs 8.3.5.1An academic course shall be an activity that is approved and presented by an accredited post-secondary educational institution which carries academic credit. The course may be within the framework of a curriculum that leads to an academic degree in respiratory care beyond that required for the original license, or relevant to respiratory care, or any course that shall be necessary to a respiratory care practitioner’s professional growth and development. 8.3.5.2A correspondence course contains the following elements: 8.3.5.2.1developed by a professional group, such s an education corporation or professional association. 8.3.5.2.2follows a logical sequence. 8.3.5.2.3involves the learner by requiring active response to module materials and provides feedback. 8.3.5.2.4contains a test to indicate progress and to verify completion of module. 8.3.5.2.5supplies a bibliography for continued study. 8.3.5.3A workshop contains the following elements: 8.3.5.3.1developed by a knowledgeable individual or group in the subject matter. 8.3.5.3.2follows a logical sequence. 8.3.5.3.3involves the learner by requiring active response, demonstration and feedback. 8.3.5.3.4requires hands-on experience. 8.3.5.3.5supplies a bibliography for continued study. 8.3.5.4Advanced and specialty examinations offered by the NBRC or other examinations as approved by the Council including: Recredential exam Pediatric/perinatal specialty exam Pulmonary function credentialing exams Advanced practitioner exam 8.3.5.5Course preparation 8.3.5.6Clinical education experience must be: 8.3.5.6.1Planned and supervised. 8.3.5.6.2Extended beyond the basic level of preparation of the individual who is licensed. 8.3.5.6.3Based on a planned program of study. 8.3.5.6.4Instructed and supervised by individual(s) who possess the appropriate credentials related to the discipline being taught. 8.3.5.6.5Conducted in a clinical setting. 8.4Educational Providers 8.4.1Continuing education contact hours awarded for activities/programs approved by the following are appropriate for fulfilling the continuing education requirements pursuant to these regulations: American Association for Respiratory Care. American Medical Association under Physician Category I. American Thoracic Society American Association of Cardiovascular and Pulmonary Rehabilitation American Heart Association American Nurses Association American College of Chest Physicians American Society of Anesthesiologists American Sleep Disorders Association Other professional or educational organizations as approved periodically by the Council. 8.5Accumulation of Continuing Education 8.5.1When a licensee applies for license renewal, a minimum of twenty (20) contact hours in activities that update skills and knowledge levels in respiratory care theory, practice and science is required. The total of twenty (20) contact hours per renewal period shall include the following categories: 4 DE Reg. 694 (10/1/00) 8.5.1.1A minimum of 12 contact hours of continuing education required for renewal must be acquired in a field related to the science and practice of respiratory care as set forth in Subsection 8.3.3, Subject Matter, 8.3.3.1, 8.3.3.2, or 8.3.3.3. 8.5.1.2The remaining 8 contact hours of the continuing education required for renewal may be selected from Subsection 8.3.3, Subject Matter. 8.5.2Contact hours, accumulated through preparation for, presentation of, or participation in activities/programs as defined are limited to application in meeting the required number of contact hours per renewal period as follows: 8.5.2.1Presentation of respiratory care education programs, including preparation time, to a maximum of four contact hours. 8.5.2.2Presentation of a new respiratory care curriculum, including preparation, to a respiratory care education program, to a maximum of four contact hours. 8.5.2.3Preparation and publication of respiratory care theory, practice or science, to a maximum of four contact hours. 8.5.2.4Research projects in health care, respiratory care theory, practice or science, to a maximum of four contact hours. 8.5.2.5Infection control programs from facility or agency to a maximum of one contact hour. 8.5.2.6Presentation or participation in review or recertification in American Heart Association or Red Cross provider or instructor programs, such as Advanced Cardiac Life Support, Basic Life Support, Pediatric Advanced Life Support, or CPR, to a maximum of two contact hours per program. 8.5.2.7Academic course work, related to health care or health care administration, to a maximum of four contact hours. 8.6Review/Approval of Continuing Education Contact Hours 8.6.1The Council may review the documentation of any respiratory care practitioner’s continuing education. 8.6.2The Council may determine whether the activity/program documentation submitted meets all criteria for continuing education as specified in these regulations. 8.6.3Any continuing education not meeting all provisions of these rules shall be rejected in part or in whole by the Council. 8.6.4Any incomplete or inaccurate documentation of continuing education may be rejected in part or in whole by the Council. 8.6.5Any continuing education that is rejected must be replaced by acceptable continuing education within a reasonable period of time established by the Council. This continuing education will not be counted towards the next renewal period. 8.6.6Each license not renewed in accordance with this section shall expire, but may within a period of three years thereafter be reinstated upon payment of all fees as set by the Division of Professional Regulation of the State of Delaware. 8.6.7An applicant wishing to reinstate an expired license shall provide documentation establishing completion of the required 20 hours of continuing education during the two-year period preceding the application for renewal. 4 DE Reg. 694 (10/1/00) 12.0Sedation and analgesia regulations: Moderate Sedation – A drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway and spontaneous ventilation is adequate. Cardiovascular function is maintained. Direct Supervision – The physician will be present during the initial and continued administration of moderate sedation and will interpret monitoring. 12.1Certain recognized and accepted respiratory care procedures may involve the administration of sedative and analgesic medications by Respiratory Care Practitioners and the monitoring of patients who have received such medications. Such procedures include, but are not limited to: 12.1.1Bronchoscopy 12.1.2Intubation 12.1.3Administration of anesthetic agents during mechanical ventilation 12.2In the process of providing respiratory care, Respiratory Care Practitioners, under the direct supervision of a physician with clinical privileges to administer moderate sedation, may administer sedative and analgesic medications to induce moderate sedation, pursuant to the order of a licensed physician, who is licensed and credentialed to prescribe and administer the particular medication(s). The route of administration shall be appropriate to the procedure. 12.3Any administration and monitoring by a Respiratory Care Practitioner of a sedative or analgesic which may induce moderate sedation must be: 12.3.1In accordance with the current version of the “Practice Guidelines for Sedation and Analgesia by Non-Anesthesiologist” published by the American Society of Anesthesiologists as the same may from time to time be amended, AND, 12.3.2Undertaken only by Respiratory Care Practitioners who have successfully completed a formal educational experience and periodic competency assessment in the administration of sedatives, and analgesics. Such training and education shall be expressly approved for facilities accredited by a nationally recognized accrediting body approved by federal regulations in which the procedure is being performed. Such training shall include: 12.3.2.1Competency assessment for licensed Respiratory Care Practitioners administering sedation and analgesic: 12.3.2.1.1Successfully complete a formal dysrhythmia or EKG module or course, or the institution’s approved dysrhythmia competency course. 12.3.2.1.2Successfully complete a medication pharmacology competency specific to sedation and analgesic. 12.3.2.1.3Current Basic Cardiac Life Support certification. 12.3.2.1.4Completion of a department specific competency related to sedation and analgesic provided by facilities accredited by a nationally recognized accrediting body approved by federal regulations. 12.3.2.1.5Successful completion of the relevant Advanced Cardiac Life Support (ACLS) or Pediatric Advanced Life Support (PALS) or Neonatal Resuscitation Program (NRP) course every two (2) years. 12.3.3These periodic competencies require approval in writing by the department medical director or by another Delaware licensed physician who is in a position to assess the individual’s qualifications. The Respiratory Care Practitioner must maintain his or her records of completion of the formal education and periodic competence certification for a period of three (3) years. 12.4 Respiratory Care Practitioners shall not administer sedative or analgesic substances in the home care environment *Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Respiratory Care Practice Advisory Council is available at: http://www.state.de.us/research/AdminCode/title24/1770 Respiratory Care Practice Advisory Council.shtml DIVISION OF PROFESSIONAL REGULATION BOARD OF PLUMBING EXAMINERSStatutory Authority: 24 Delaware Code Section 1805(b) (24 Del.C. §1805(b)) 24 DE Admin. Code 1800 PUBLIC NOTICE The State Board of Plumbing Examiners in accordance with 24 Del.C. §1805(b) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identified crimes that are substantially related to plumbing services. A public hearing will be held at 9:00 a.m. on December 14, 2004 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 State Board Plumbing Examiners, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover 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. 1800 Board of Plumbing Examiners 8.0Crimes substantially related to plumbing services. 8.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of the solicitation to commit any of the following crimes, is deemed to be a crime substantially related to plumbing services or in the State of Delaware without regard to the place of conviction: 8.1.1Reckless endangering in the first degree. 11 Del.C. §604 8.1.2Assault in the second degree. 11 Del.C. §612 8.1.3Assault in the first degree. 11 Del.C. §613 8.1.4Manslaughter. 11 Del.C. §632 8.1.5Murder by abuse or neglect in the second degree. 11 Del.C. §633 8.1.6Murder by abuse or neglect in the first degree. 11 Del.C. §634 8.1.7Murder in the second degree. 11 Del.C. §635 8.1.8Murder in the first degree. 11 Del.C. §636 8.1.9Unlawful sexual contact in the second degree. 11 Del.C. §768 8.1.10Unlawful sexual contact in the first degree. 11 Del.C. §769 8.1.11Rape in the fourth degree. 11 Del.C. §770 8.1.12Rape in the third degree. 11 Del.C. §771 8.1.13Rape in the second degree. 11 Del.C. §772 8.1.14Rape in the first degree. 11 Del.C. §773 8.1.15Sexual extortion. 11 Del.C. §776 8.1.16Continuous sexual abuse of a child. 11 Del.C. §778 8.1.17Kidnapping in the second degree. 11 Del.C. §783 8.1.18Kidnapping in the first degree. 11 Del.C. §783A 8.1.19Arson in the second degree. 11 Del.C. §802 8.1.20Arson in the first degree. 11 Del.C. §803 8.1.21Criminal mischief. 11 Del.C. §811 8.1.22Burglary in the third degree. 11 Del.C. §824 8.1.23Burglary in the second degree. 11 Del.C. §825 8.1.24Burglary in the first degree. 11 Del.C. §826 8.1.25Robbery in the second degree. 11 Del.C. §831 8.1.26Robbery in the first degree. 11 Del.C. §832 8.1.27Theft; lost or mislaid property; mistaken delivery. 11 Del.C. §842 8.1.28Theft; false pretense. 11 Del.C. §843 8.1.29Theft, false promise. 11 Del.C. §844 8.1.30Theft of services. 11 Del.C. §845 8.1.31Extortion. 11 Del.C. §846 8.1.32Identity theft. 11 Del.C. §854 8.1.33Forgery. 11 Del.C. §861 8.1.34Falsifying business records. 11 Del.C. §871 8.1.35Unlawful use of credit card. 11 Del.C. §903 8.1.36Reencoder and scanning devices. 11 Del.C. §903A 8.1.37Insurance fraud. 11 Del.C. §913 8.1.38Home improvement fraud. 11 Del.C. §916 8.1.39New home construction fraud. 11 Del.C. § 917 8.1.40Dealing in children. 11 Del.C. §1100 8.1.41Sexual exploitation of a child. 11 Del.C. §1108 8.1.42Sexual solicitation of a child. 11 Del.C. §1112A 8.1.43Perjury in the second degree. 11 Del.C. §1222 8.1.44Perjury in the first degree. 11 Del.C. §1223 8.1.45Aggravated harassment. 11 Del.C. §1312 8.1.46Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447 8.1.47Possession of a firearm during commission of a felony. 11 Del.C. §1447A 8.1.48Breaking and entering, etc., to place or remove equipment. 11 Del.C. §2410 8.2Crimes substantially related to plumbing services shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule. *Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Plumbing Examiners is available at: http://www.state.de.us/research/AdminCode/title24/1800 Board of Plumbing Examiners.shtml DIVISION OF PROFESSIONAL REGULATION BOARD OF OPTOMETRYStatutory Authority: 24 Delaware Code, Section 2104(a)(1) (24 Del.C. §2104(a)(1)) 24 DE Admin. Code 2100 PUBLIC NOTICE The Delaware Board of Optometry in accordance with 24 Del.C. §2104(a)(1) has proposed changes to its rules and regulations as mandated by SB 229. The proposal identifies crimes that are substantially related to the provision of optometric services. A public hearing will be held on December 16, 2004 at 6:45 p.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 copy from the Delaware Board of Optometry, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover 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. 2100 Board of Optometry 14.0Crimes substantially related to the practice of optometry: 14.1Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of optometry in the State of Delaware without regard to the place of conviction: 14.1.1Aggravated menacing. 11 Del.C. § 602 (b) 14.1.2Reckless endangering in the first degree. 11 Del.C. § 604 14.1.3Abuse of a pregnant female in the second degree. 11 Del.C. § 605. 14.1.4Abuse of a pregnant female in the first degree. 11 Del.C. § 606. 14.1.5Assault in the third degree. 11 Del. C § 611. 14.1.6Assault in the second degree. 11 Del.C. § 612 14.1.7Assault in the first degree. 11 Del.C. § 613. 14.1.8Abuse of a sports official; felony. 11 Del.C. § 614. 14.1.9Assault by abuse or neglect. 11 Del.C. § 615. 14.1.10Terroristic threatening; felony. 11 Del.C.§ 621. 14.1.11Unlawfully administering drugs. 11 Del.C. § 625. 14.1.12Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626 14.1.13Vehicular assault in the first degree. 11 Del.C. § 629. 14.1.14Vehicular homicide in the second degree. 11 Del.C. § 630. 14.1.15Vehicular homicide in the first degree. 11 Del.C. § 630A. 14.1.16Criminally negligent homicide. 11 Del.C.§ 631. 14.1.17Manslaughter. 11 Del.C. § 632. 14.1.18Murder by abuse or neglect in the second degree. 11 Del.C. § 633 14.1.19Murder by abuse or neglect in the first degree. 11 Del.C. § 634. 14.1.20Murder in the second degree; class A felony. 11 Del.C. § 635. 14.1.21Murder in the first degree. 11 Del.C. § 636. 14.1.22Promoting suicide. 11 Del.C. § 645. 14.1.23Abortion. 11 Del.C. § 651. 14.1.24Incest. 11 Del.C. § 766. 14.1.25Unlawful sexual contact in the second degree. 11 Del.C. § 768. 14.1.26Unlawful sexual contact in the first degree. 11 Del.C. § 769. 14.1.26Rape in the fourth degree. 11 Del.C. § 770. 14.1.27Rape in the third degree. 11 Del.C. § 771. 14.1.28Rape in the second degree. 11 Del.C. § 772. 14.1.29Rape in the first degree. 11 Del.C. § 773. 14.1.30Sexual extortion. 11 Del.C. § 776. 14.1.31Bestiality. 11 Del.C. § 777. 14.1.32Continuous sexual abuse of a child. 11 Del.C. § 778. 14.1.33Dangerous crime against a child. 11 Del.C. § 779. 14.1.34Female genital mutilation. 11 Del.C. § 780. 14.1.35Unlawful imprisonment in the first degree. 11 Del.C. § 782. 14.1.36Kidnapping in the second degree. 11 Del.C. § 783. 14.1.37Kidnapping in the first degree. 11 Del.C. § 783A. 14.1.38Arson in the third degree. 11 Del.C. § 801. 14.1.39Arson in the second degree. 11 Del.C. § 802. 14.1.40Arson in the first degree. 11 Del.C. §803. 14.1.41Criminal mischief. 11 Del.C. § 811. 14.1.42Burglary in the third degree. 11 Del.C. § 824. 14.1.43Burglary in the second degree. 11 Del.C.§ 825. 14.1.44Burglary in the first degree. 11 Del.C. § 826. 14.1.45Possession of burglar’s tools or instruments facilitating theft. 11 Del.C. § 828. 14.1.46Robbery in the second degree. 11 Del.C. § 831. 14.1.47Robbery in the first degree. 11 Del.C. § 832. 14.1.48Carjacking in the second degree. 11 Del.C.§835. 14.1.49Carjacking in the first degree. 11 Del.C.§836. 14.1.50Shoplifting; felony. 11 Del.C. § 840. 14.1.51Use of illegimate retail sales receipt or Universal Product Code Label; felony. 11 Del.C. § 840A. 14.1.52Extortion. 11 Del.C. § 846. 14.1.53Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices; felony. 11 Del.C. §850. 14.1.54Receiving stolen property; felony. 11 Del.C. § 851 14.1.55Identity theft. 11 Del.C. § 854. 14.1.56 Possession of shoplifters tools or instruments facilitating theft. 11 Del.C. § 860. 14.1.57Forgery; felony; misdemeanor 11 Del.C.§ 861. 14.1.58Possession of forgery devices. 11 Del.C. § 862. 14.1.59Falsifying business records. 11 Del.C. § 871. 14.1.60Tampering with public records in the second degree 11 Del.C. §873. 14.1.61Tampering with public records in the first degree. 11 Del.C. § 876. 14.1.62Offering a false instrument for filing. 11 Del.C. § 877. 14.1.63Issuing a false certificate. 11 Del.C. § 878. 14.1.64Issuing a bad check; felony. 11 Del.C. § 900. 14.1.65Unlawful use of credit card; felony. 11 Del.C. §903. 14.1.66Reencoder and scanning devices. 11 Del.C. § 903A. 14.1.67Deceptive business practices. 11 Del.C. § 906. 14.1.68Criminal impersonation. 11 Del.C. § 907. 14.1.69Criminal impersonation, accident related. 11 Del.C. § 907A. 14.1.70Criminal impersonation of a police officer. 11 Del.C. § 907B. 14.1.71Securing execution of documents by deception. 11 Del.C. § 909. 14.1.72Fraudulent conveyance of public lands. 11 Del.C. § 911. 14.1.73Fraudulent receipt of public lands. 11 Del.C. § 912. 14.1.74Insurance fraud. 11 Del.C. § 913. 14.1.75Health care fraud. 11 Del.C. § 913A. 14.1.76Use of consumer identification information. 11 Del.C. § 914. 14.1.77Home improvement fraud. 11 Del.C. § 916. 14.1.78New home construction fraud. 11 Del.C.§ 917. 14.1.79Unauthorized access. 11 Del.C. § 932. 14.1.80Theft of computer services. 11 Del.C. § 933. 14.1.81Interruption of computer services. 11 Del.C. § 934. 14.1.82Misuse of computer system information. 11 Del.C. § 935. 14.1.83Destruction of computer equipment. 11 Del.C. § 936. 14.1.84Dealing in children. 11 Del.C. § 1100. 14.1.85Abandonment of child. 11 Del.C. § 1101. 14.1.86Endangering the welfare of a child. 11 Del.C. §1102. 14.1.87Endangering the welfare of an incompetent person. 11 Del.C. § 1105. 14.1.88Sexual exploitation of a child. 11 Del.C. § 1108. 14.1.89Unlawfully dealing in child pornography. 11 Del.C. § 1109. 14.1.90Possession of child pornography. 11 Del.C. § 1111. 14.1.91Sexual offenders; prohibitions from school zones. 11 Del.C. § 1112. 14.1.92Sexual solicitation of a child. 11 Del.C. § 1112A 14.1.93Bribery. 11 Del.C. § 1201 14.1.94Receiving a bribe; class E felony. 11 Del.C. § 1203. 14.1.95Improper influence. 11 Del.C. § 1207. 14.1.96Official misconduct. 11 Del.C. §1211. 14.1.97Perjury in the second degree. 11 Del.C. § 1222. 14.1.98Perjury in the first degree. 11 Del.C. § 1223. 14.1.99Making a false written statement. 11 Del.C. § 1233. 14.1.100Wearing a disguise during the commission of a felony. 11 Del.C. § 239. 14.1.101Terroristic threatening of public officials or public servants. 11 Del.C. § 1240. 14.1.102Hindering prosecution. 11 Del.C. § 1244. 14.1.103Falsely reporting an incident. 11 Del.C. § 1245. 14.1.104Abetting the violation of driver’s license restrictions. 11 Del.C. § 1249. 14.1.105Offenses against law-enforcement animals. Felony 11 Del.C. § 1250. 14.1.106Escape in the second degree. 11 Del.C. § 1252. 14.1.107Escape after conviction. 11 Del.C. § 1253. 14.1.108Assault in a detention facility. 11 Del.C. § 1254. 14.1.109Promoting prison contraband; felony; misdemeanor. 11 Del.C. § 1256. 14.1.110Use of an animal to avoid capture; felony 11 Del.C. § 1257A. 14.1.111Misuse of prisoner mail; felony. 11 Del.C. § 1260. 14.1.112Bribing a witness. 11 Del.C. § 1261. 14.1.113Bribe receiving by a witness. 11 Del.C. § 1262. 14.1.114Tampering with a witness. 11 Del.C.§ 1263. 14.1.115Interfering with child witness. 11 Del.C. § 1263A. 14.1.116Bribing a juror. 11 Del.C. § 1264. 14.1.117Bribe receiving by a juror. 11 Del.C.§ 1265. 14.1