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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2013

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Office of Emergency Medical Services & Preparedness Section, Division of Public Health, Department of Health and Social Services (Department), has proposed amendments to the State of Delaware Trauma System Regulations. The proposed revisions to the Trauma System regulations bring the Delaware Statewide Trauma System and its components into alignment with the current revision of the American College of Surgeons’ Committee on Trauma’s Resources for Optimal Care of the Injured Patient 2006. The revisions were developed and recommended by the stakeholders who serve on the state Trauma System Committee and primarily are related to documentation of the requirements for Trauma System Participating Hospitals, modification of the Trauma Registry inclusion criteria to be in alignment with the National Trauma Data Bank criteria, updating of the Trauma Center Designation Process, and relocation of the Prehospital Trauma Triage Scheme to the Advanced and Basic Life Support Standing Orders.
Copies of the proposed regulations are available for review in the September 1, 2013 edition of the Delaware Register of Regulations, accessible online at: or by calling the Office of Emergency Medical Services at (302) 223-1789.
DSSM 11002.9, Definition and Explanation of Terms, is amended to clarify the definition of “relative” for child care certificate approvals. The current definition is vague and leads eligibility determination workers to the Delaware Temporary Assistance for Needy Families (TANF) policy definitions. The proposed rule change is intended to ensure that eligible relatives provide authorized child care services.
INSURANCE COMMISSIONER KAREN WELDIN STEWART hereby gives notice of proposed amended Department of Insurance Regulation 302 relating to the Captive Insurance Financial Regulation. The docket number for this proposed amended Regulation is 2242-2013.
The proposed amended Regulation supports Delaware’s Captive Insurance Program (18 Del.C. Ch. 69) and allows Delaware to adopt a national model audit requirement for Risk Retention Groups, maintaining Delaware’s accreditation standing. The Delaware Code authority for the proposed change is 18 Del.C. §311 and §6915; and 29 Del.C. Ch. 101.
Division of Air Quality is proposing amendments to, 7 DE Admin. Code 1140- Low Emission Vehicle Program. The purpose of this action is to 1) remove the requirements that provide for prospective incorporation of revisions made by California, and 2) update certain provisions and adopt by reference the applicable sections within Title 13 of the California Code of Regulations that comprise California’s Low Emission Vehicle (LEV) III standard and the Greenhouse Gas (GHG) standard, also known as the Advanced Clean Cars Program for model years 2015 to 2025.
1147 CO2 Budget Trading Program
Division of Air Quality is proposing amendments to, 7 DE Admin. Code 1147- CO2 Budget Trading Program, which addresses Carbon Dioxide (CO2) emissions from Electric Generating Units (EGUs).The proposed amendments are based on the changes made to the Regional Greenhouse Gas Initiative (RGGI) Model Rule, which is the template used by RGGI participating states in their individual rulemaking process. The amendments included a change in the size and structure of Delaware’s CO2 allowance budget as well as other program modifications.
The recent population assessment of Atlantic menhaden (Brevoortia tyrannus) showed a decline in population abundance and low recruitment rates. Estimates of fishing mortality show that overfishing is occurring and, in response, the Atlantic States Marine Fisheries Commission (ASMFC) adopted Amendment 2 to the Interstate Fisheries Management Plan for Atlantic Menhaden. Amendment 2 is designed to minimize the chance of a population decline due to overfishing; reduce the risk of recruitment failure; reduce impacts to species which are ecologically dependent on Atlantic menhaden; and minimize adverse effects on participants in the fishery.
The hearing record on the inclusion of a new 3588 Atlantic Menhaden to the Tidal Finfish Regulations (7 DE Admin. Code 3500) will be open September 1, 2013. Individuals may submit written comments regarding the proposed changes via e-mail to 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 September 30, 2013 beginning at 6:30 pm in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.
The Delaware Board of Dentistry and Dental Hygiene, pursuant to 24 Del.C. 1106(a)(1), proposes to add a new section to its regulations, 12.0, et. al.. The proposed addition defines unprofessional conduct within the practice of dentistry and dental hygiene and lists examples of such conduct.
Pursuant to 24 Del.C. §2506(a)(1), the Delaware Board of Pharmacy has proposed revisions to its rules and regulations.
A public hearing was held on May 15, 2013, with deliberations conducted on June 19, 2013. As the result of deliberations, the Board decided to make substantive revisions to the proposed amendments originally published in the Delaware Register of Regulations on April 1, 2013, Volume 16, Issue 10. Specifically, the Board proposes to strike the language “only to patients that are self-medicating” in Rule 6.4. The balance of the proposed revisions remain as published on April 1, 2013.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be October 31, 2013 which is 15 days following the public hearing. The Board will deliberate on all of the public comment at its regularly scheduled meeting on November 20, 2013 at 10:00 a.m., at which time it will determine whether to adopt the rules and regulations as proposed or make additional changes due to the public comment.
The Delaware Board of Home Inspectors, pursuant to 24 Del.C. §4106(a)(1), proposes to amend its rules and regulations. The proposed additions at 3.5 and 10.1.2 seek to allow applicants for trainee status to obtain partial credit for inspections performed before November 4, 2013, as long as the application is submitted on or before November 4, 2013. The addition at 10.1.1 seeks to allow trainee applicants to obtain full credit for supervised inspections performed prior to November 4, 2013, and the proposed amendment at 3.5 seeks to decrease the overall number of supervised inspections a trainee licensee must complete in order to become a fully licensed home inspector. The addition at 5.1 seeks to allow the Board to pre-approve qualifying education courses for applicants.
In 1999 the Delaware Public Service Commission (“PSC”) has promulgated certain regulations pertaining to certification of electric suppliers in 26 DE Admin. Code §3001, now entitled “Rules for Certification and Regulation of Electric Suppliers (“Supplier Rules”). The PSC has revised the Supplier Rules several times since then.
If possible, you should accompany such written comments with an electronic version of the submission. Such electronic copy may be filed on a copy-capable CD-ROM or sent as an attachment to an e-mail addressed to, include “Reg. Doc. 49” as the subject of the email. The Commission encourages the public to submit written comments on or before October 1, 2013, but the last date to submit written comments will be on November 16, 2013.
The PSC will also conduct a public evidentiary hearing on the new proposed regulations on October 22, 2013 at 1:00 P.M. at the PSC’ s office at the address set forth above.
You may review PSC Order No. 8424 (July 30, 2013) (the “Order”) and the proposed revised Supplier Rules in the September 2013 issue of the Delaware Register of Regulations. You may also review the Order and the proposed revised Supplier Rules at the PSC’s website located at
Any materials submitted in connection with the proposed revised Supplier Rules will be available for public inspection and copying (to the extent they are “public records” under the Freedom of Information Act, 29 Del.C. §10002(g)) at the PSC’s Dover office identified above during normal business hours. The fee for copying is $.10 per page, with the first 20 pages being free of charge. If you wish to request copies of documents in this matter, please submit a Freedom of Information Act Request Form. This form may be found at There is also a link to the Freedom of Information Act Request Form on the PSC’s website, The PSC will respond to your request in accordance with the Freedom of Information Act, 29 Del.C. ch. 100. The Regulations may also be reviewed by appointment at the office of the Public Advocate, 820 N. French Street, 4th Floor, Carvel State Office Building, Wilmington, DE 19801. The Regulations will also be available on the PSC’s website:
Last Updated: December 31 1969 19:00:00.
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