Calendar of Events/Hearing Notices

CALENDAR

November 2011

Department of Education

PUBLIC NOTICE

The State Board of Education will hold its monthly meeting on Thursday, November 17, 2011 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

Department of Health and Social Services

Division of Long Term Care Residents Protection

3225 Assisted Living Facilities

PUBLIC NOTICE

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 29 of the Delaware Code, Section 7971(d)(1), Delaware Health and Social Services (DHSS) / Division of Long Term Care Residents Protection is proposing revisions of Regulation 3325, Assisted Living Facilities.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Susan Del Pesco, Director, DHSS, Division of Long Term Care Residents Protection, 3 Mill Rd, Suite 308, Wilmington, DE 19806 by December 1, 2011.

The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.

Division of Long Term Care Residents Protection

3320 Intensive Behavioral Support and Educational Residences (IBSER)

PUBLIC NOTICE

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 29 of the Delaware Code, Section 7971, (d), (1), Delaware Health and Social Services (DHSS) / Division of Long Term Care Residents Protection is proposing the creation of Regulation 3320, Intensive Behavioral Support and Educational Residences (IBSER) to regulate facilities within this new licensure category.

Division of Medicaid and Medical Assistance

Coverage of Emergency Services and Labor and Delivery

PUBLIC NOTICE

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Division of Social Services Manual regarding Coverage of Emergency Services and Labor and Delivery.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by November 30, 2011.

Division of Medicaid and Medical Assistance

Qualified Long-Term Care Insurance Partnership Program

PUBLIC NOTICE

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Delaware Title XIX Medicaid State Plan and the Division of Social Services Manual regarding implementation of a Qualified Long-Term Care Insurance Partnership Program.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by November 30, 2011.

Department of Natural Resources and Environmental Control

Division of Fish and Wildlife

3553 River Herring Creel Limit

PUBLIC NOTICE

Amendment 2 to the Atlantic States Marine Fisheries Commission's (ASMFC) Interstate Fisheries Management Plan for Shad and River Herring prohibits commercial and recreational river herring fisheries in state waters beginning January 1, 2012 unless a state or jurisdiction can demonstrate that their alewife and/or blueback herring stock(s) can support a commercial and/or recreational fishery that will not diminish potential future stock reproduction and recruitment. The lack of reliable, system-specific data prevents Delaware/New Jersey (Delaware River & Bay) and Delaware/Maryland (Nanticoke River) from providing reliable targets that would satisfy this mandate. Therefore, Delaware must close its recreational and commercial river herring fisheries.

Prior to the adoption of Amendment 2, Delaware adopted a 25 fish per day recreational possession limit in 2005 to discourage the development of a live-bait river herring fishery to support a growing recreational striped bass fishery. In 2008, this regulation was amended from a 25 fish per day possession limit to a 10 fish per person daily creel (harvest) limit. These actions were consistent with the management objectives of Amendment 1 to reduce fishing mortality on river herring.

River herring was listed as a "species of concern" in 2006 by the National Marine Fisheries Service. In addition, the commercial catch of river herring has been declining coastwide to very low levels. Only 300lbs of river herring were reported from Delaware commercial fishermen in 2011 which is the lowest amount reported since mandatory reporting began in 1985. The majority of commercial river herring landings in Delaware have originated from the Nanticoke River and its tributaries. The Maryland portion of the Nanticoke River will be closed to recreational and commercial fishing as part of a statewide river herring closure planned for the State of Maryland. New Jersey plans

The hearing record on the proposed changes to the river herring regulation will be open November 1, 2011. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. A public hearing on the proposed amendment will be held on November 28, 2011 beginning at 7 pm in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.

DEPARTment of State

Division of Professional Regulation

1100 Board of Dentistry and Dental Hygiene

PUBLIC NOTICE

The Board of Dentistry and Dental Hygiene ("the Board") in accordance with 24 Del.C. ??1106 (a)(1) has proposed amendments to its regulations governing Continuing Professional Education. The proposed amendments add a requirement that two (2) of the fifty (50) credit hours of continuing education required for dentists and two (2) of the twenty-four (24) credit hours required for hygienists must be in courses covering infection control. The regulations are also being modified to require that licensees renew their license online and to enable licensees to attest to the completion of continuing education at the time of renewal. Finally, the regulations delineate the audit and hearing process for non-compliance with the continuing education requirements.

A public hearing will be held on December 15, 2011 at 3:15 p.m. in the PSC Hearing Room located on the first floor of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Dentistry and Dental Hygiene, 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.

Division of Professional Regulation

2600 Examining Board of Physical Therapists

PUBLIC NOTICE

Pursuant to 24 Del.C. ??2604(a)(1), the Examining Board of Physical Therapists and Athletic Trainers has proposed revisions to its rules and regulations.

The public hearing has been rescheduled to December 6, 2011 at 5:15 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Examining Board of Physical Therapists and Athletic Trainers, 861 Silver Lake Boulevard, Dover, Delaware 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 proposes the re-organization of the rules and regulations for greater clarity for both licensees and members of the public. Rules 1.2.3 and 1.2.8 are modified with respect to the requirements for supervision. Rule 12.1.23 is added to state that a licensee is required to report to the Division of Professional Regulation any licensee who is in violation of the Board???s laws or rules. Rule 13.0, pertaining to continuing education, is amended to add requirements for ethics hours and completion of a CPR course. In addition, Rule 13.2.2 specifies that course approval is good for three years, unless the course is modified. Rule 13.4.4 is added to make explicit that the Board has the authority to conduct continuing education audits and sanction licensees not in compliance with continuing education requirements. Finally, the revisions correct typos and grammatical errors.

The Board will consider promulgating the proposed rules and regulations at its regularly scheduled meeting following the public hearing.

15 DE Reg. 705 (11/01/11)