Delaware Register
of
Regulations
Issue Date: February 1, 2003
Volume 6 - Issue 8 - Pages 895 - 986
IN THIS ISSUE:
Regulations:
Emergency
Proposed
Final
Governor
Appointments
Calendar of Events &
Hearing Notices

Pursuant to 29 Del.C. Chapter 11, Subchapter III, this issue of the Register contains
all documents required to be published, and received, on or before January 15, 2003.
INFORMATION ABOUT THE DELAWARE
896 REGISTER OF REGULATIONS
DELAWARE REGISTER OF
REGULATIONS
The Delaware Register of Regulations is an
official State publication established by authority
of 69 Del. Laws, c. 107 and is published on the
first of each month throughout the year.
The Delaware Register will publish any
regulations that are proposed to be adopted,
amended or repealed and any emergency
regulations promulgated.
The Register will also publish some or all of
the following information:
• Governor's Executive Orders
• Governor's Appointments
• 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. 279 - 280 (09/01/02)
Refers to Volume 6, pages 279 - 280 of the
Delaware Register issued on September 1, 2002.
SUBSCRIPTION INFORMATION
The cost of a yearly subscription (12 issues)
for the Delaware Register of Regulations is
$120.00. 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or repealed, and may initiate the process by which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repealed, with the Registrar for publication in the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
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
INFORMATION ABOUT THE DELAWARE 897
REGISTER OF REGULATIONS
evidence and information submitted, together with unless a complaint therefor is filed in the Court
summaries of the evidence and information by within 30 days of the day the agency order with
subordinates, the agency shall determine whether respect to the regulation was published in the
a regulation should be adopted, amended or Register of Regulations.
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 CLOSING DATES AND ISSUE DATES procedure is being adopted or amended; (3) A
decision to adopt, amend or repeal a regulation or FOR THE DELAWARE REGISTER
to take no action and the decision shall be OF REGULATIONS
supported by its findings on the evidence and
information received; (4) The exact text and ISSUE CLOSING CLOSING
citation of such regulation adopted, amended or DATE DATE TIME
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; FEBRUARY 1 JANUARY 15 4:30 P.M.
and (7) The signature of at least a quorum of the
agency members. MARCH 1 FEBRUARY 15 4:30 P.M.
The effective date of an order which adopts, APRIL 1 MARCH 15 4:30 P.M.
amends or repeals a regulation shall be not less
than 10 days from the date the order adopting, MAY 1 APRIL 15 4:30 P.M.
amending or repealing a regulation has been published
in its final form in the Register of Regula- JUNE 1 MAY 15 4:30 P.M.
tions, unless such adoption, amendment or repeal
qualifies as an emergency under §10119.
DIVISION OF RESEARCH STAFF:
Any person aggrieved by and claiming the
unlawfulness of any regulation may bring an Walter G. Feindt, Deputy Director; Judi
action in the Court for declaratory relief. Abbott, Secretary; Sandra F. Clark,
Administrative Assistant; Jeffrey W. Hague,
No action of an agency with respect to the Registrar of Regulations; Ruth Ann Melson,
making or consideration of a proposed adoption, Legislative Librarian; Deborah J. Messina, Print
amendment or repeal of a regulation shall be sub- Shop Supervisor; Kathleen Morris, Operations
ject to review until final agency action on the pro- Support Specialist; Alex W. Mull, Assistant
posal has been taken. Registrar of Regulations; Deborah A. Porter,
Interim Supervisor; Lisa Schieffert, Research
When any regulation is the subject of an Analyst; Victoria Schultes, Administrative
enforcement action in the Court, the lawfulness of Assistant; Ted Segletes, Paralegal; Don Sellers,
such regulation may be reviewed by the Court as a Printer; Thom Shiels, Legislative Attorney; Alice
defense in the action. W. Stark, Legislative Attorney; Marvin L.
Stayton, Printer; Rochelle Yerkes, Senior
Except as provided in the preceding section, Secretary.
no judicial review of a regulation is available
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
898 TABLE OF CONTENTS
Cumulative Tables................................................. ....... 900
EMERGENCY
DEPARTMENT OF HEALTH & SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES
Title XXI Delaware Healthy Children Program State
Plan Sections 3.1, 6.2.10, And 6.2.11............ ....... 906
PROPOSED
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
Board of Pharmacy................................................ ....... 908
Board of Speech/Language Pathologists,
Audiologists & Hearing Aid Dispensers........ ....... 912
DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
Rule 8.8, Aminocarproic Acid (Amicar)............... ....... 919
DEPARTMENT OF EDUCATION
410 Satellite School Agreements.......................... ....... 920
729 School Custodians.......................................... ....... 921
1102 Standards for School Bus Chassis & Bodies...... 923
DEPARTMENT OF HEALTH & SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Training & Qualifications for Nursing Assistants &
Certified Nursing Assistants.......................... ....... 925
DIVISION OF SOCIAL SERVICES
DSSM, Title XXI, Delaware Healthy Children
Progarm ......................................................... ....... 935
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
Chronic Violator Regulations................................ ....... 936
DIVISION OF FISH & WILDLIFE
Shellfish Regulation Nos. S-63, S-65, S-67, S-69,
S-71, S-73 and S-75....................................... ....... 940
Tidal Finfish Regulations,
No. 4, Summer Flounder Size Limits; Possession
Limits; Season......................................... ...... 941
No. 23, Black Sea Bass Size Limit; Trip Limits;
Seasons; Quotas....................................... ...... 941
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Neighborhood Assistance Act Tax Credit Program .... 943
STATE EMPLOYEE BENEFITS COMMITTEE
Group Health Care Insurance, Proposed Revisions to
Eligibility and Coverage Rules....................... ...... 948
FINAL
Council on Police Training, Reg. II-16, Emergency
Care & CPR Training..................................... ...... 949
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
Board of Veterinary Medicine............................... ...... 950
DEPARTMENT OF EDUCATION
Diversified Occupations Programs........................ ...... 955
DEPARTMENT OF HEALTH & SOCIAL SERVICES
DIVISION OF PUBLIC HEALTH
Delaware Cancer Registry Regulations................. ...... 958
DIVISION OF SOCIAL SERVICES
Title XIX, Medicaid State Plan, Attachment 4.19-B,
pp. 14 & 14a................................................... ...... 961
Title XIX Medicaid State Plan, Attachment
4.19-D, p. 4..................................................... ...... 964
DEPARTMENT OF INSURANCE
Reg. 905, Standards for Safeguarding Customer
Information..................................................... ...... 966
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
Reg. No. 3, Ambient Air Quality Standards.......... ...... 968
Reg. No. 24, Sec. 10, Aerospace Coatings............ ...... 971
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
TABLE OF CONTENTS 899
GOVERNOR
Appointments........................................................ ....... 982
CALENDAR OF EVENTS/HEARING
NOTICES
Board of Pharmacy, Notice of Public Hearing...... ....... 983
Board Of Speech/Language Pathologists, Audiologists,
and Hearing Aid Dispensers, Notice of Public
Hearing.......................................................... ....... 983
Harness Racing Commission, Notice of Public
Hearing ......................................................... ....... 983
State Board of Education, Notice of Monthly
Meeting ......................................................... ....... 983
DHSS, Div. of Long Term Residents Protection,
Training & Qualifications for Nursing
Assistants & Certified Nursing Assistants,
Notice of Public Hearing........................ ....... 983
Div. of Social Services, Title XXI, Delaware
Healthy Children Progarm, Notice of
Public Comment Period.......................... ....... 984
DNREC, Div. of Air and Waste Management,
Chronic Violator Regulations, Notice of Public
Hearing.................................................... ....... 984
Div. of Fish and Wildlife, Shellfish Regulation
Nos. S-63, S-65, S-67, S-69, S-71,
S-73 and S-75, Notice of Public Hearing ...... 985
Tidal Finfish Reg. No. 4, Summer Flounder Size
Limits; Possession Limits; Season,
Notice of Public Hearing........................ ....... 985
Reg. No. 23, Black Sea Bass Size Limit;
Trip Limits; Seasons; Quotas, Notice of
Public Hearing........................................ ....... 985
DEDO, Neighborhood Assistance Act Tax Credit
Program Regulation, Notice of Public
Comment Period............................................ ....... 986
State Employee Benefits Comiittee, Group Health
Care Insurance, Notice of Public Hearing..... ....... 986
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
s
900 CUMULATIVE TABLES
The table printed below lists the regulations that have been proposed, adopted, amended or repealed
in the preceding issues of the current volume of the Delaware Register of Regulations.
The regulations are listed alphabetically by the promulgating agency, followed by a citation to that
issue of the Register in which the regulation was published. Proposed regulations are designated with
(Prop.); Final regulations are designated with (Final); Emergency regulations are designated with
(Emer.); and regulations that have been repealed are designated with (Rep.).
DELAWARE COUNCIL ON POLICE TRAINING
Reg. II-16, Emergency Care & CPR Training............................................................................... 6 DE Reg. 722 (Prop.)
DELAWARE FIRE PREVENTION COMMISSION
Sec. XVII, Ambulance Company's Intent to Discontinue Service & Sec. XVII, Basic Life
Support Data Assessment Committee..................................................................................... 6 DE Reg. 87 (Final)
DELAWARE RIVER BASIN COMMISSION
Proposed Amendments to the Comprehensive Plan and the Water Code Relating to the
Operation of LakeWallenpaupack During DroughtWatch, Drought Warning and
Drought Conditions................................................................................................................. 6 DE Reg. 476 (Prop.)
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE)
300 Board of Architects, Rules and Regulation............................................................. 6 DE Reg. 401 (Prop.)
6 DE Reg. 850 (Final)
700 Board of Chiropractic............................................................................................... 6 DE Reg. 270 (Final)
6 DE Reg. 831 (Prop.)
1000 Board of Pilot Commissioners.................................................................................. 6 DE Reg. 231 (Prop.)
6 DE Reg. 635 (Final)
1300 Board of Examiners of Private Investigators & Private Security Agencies............. 6 DE Reg. 124 (Prop.)
6 DE Reg. 637 (Final)
1800 Board of Plumbing Examiners................................................................................. 6 DE Reg. 571 (Prop.)
6 DE Reg. 861 (Final)
1900 Board of Nursing...................................................................................................... 6 DE Reg. 722 (Prop.)
2000 Board of Occupational Therapy, Rules and Regulations.......................................... 6 DE Reg. 270 (Final)
6 DE Reg. 410 (Prop.)
2500 Board of Pharmacy................................................................................................... 6 DE Reg. 480 (Final)
2600 Board of Physical Therapists,.................................................................................. 6 DE Reg. 410 (Prop.)
2700 Board of Professional Land Surveyors..................................................................... 6 DE Reg. 271 (Final)
2900 Real Estate Commission........................................................................................... 6 DE Reg. 8 (Prop.)
2925 Real Estate Commission, Education Guidelines...................................................... 6 DE Reg. 272 (Final)
6 DE Reg. 516 (Final)
3300 Board ofVeterinary Medicine.................................................................................. 6 DE Reg. 273 (Final)
6 DE Reg. 575 (Prop.)
3500 Board of Examiners of Psychologists....................................................................... 6 DE Reg. 727 (Prop.)
Merit Employee Relations Board
Rule 10, Certification.............................................................................................................. 6 DE Reg. 728 (Prop.)
Public Service Commission
Regulations Governing Pay phone Service Providers &
Providers of Operator Services for Pay phones........................................................ 6 DE Reg. 65 (Final)
DEPARTMENT OF AGRICULTURE
Forest Service Regulations............................................................................................................. 6 DE Reg. 127 (Prop.)
6 DE Reg. 517 (Final)
6 DE Reg. 581 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
CUMULATIVE TABLES 901
Harness Racing Commission
Rules 6.2.9, 8.3.6, 8.7 and 10.2.7.4......................................................................................... 6 DE Reg. 416 (Prop.)
6 DE Reg. 862 (Final)
Thoroughbred Racing Commission
Rule 13.0, Claiming Races..................................................................................................... 6 DE Reg. 729 (Prop.)
Rule 15.0, Medication, Testing Procedures............................................................................ 6 DE Reg. 233 (Prop.)
6 DE Reg. 641 (Final)
Rule 15.0, Medication, Shock Wave Therapy........................................................................ 6 DE Reg. 585 (Prop.)
DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE)
275 Charter Schools....................................................................................................................... 6 DE Reg. 13 (Prop.)
6 DE Reg. 273 (Final)
525 Requirements for Vocational-Technical Education Programs................................................ 6 DE Reg. 732 (Prop.)
530 Cooperative Education............................................................................................................ 6 DE Reg. 732 (Prop.)
535 Diversified Occupations Programs......................................................................................... 6 DE Reg. 732 (Prop.)
540 Driver Education..................................................................................................................... 6 DE Reg. 133 (Prop.)
6 DE Reg. 432 (Prop.)
6 DE Reg. 773 (Final)
601 School/Police Relations.......................................................................................................... 6 DE Reg. 434 (Prop.)
6 DE Reg. 775 (Final)
701 Unit Cou 6 DE Reg. 74 (Final)
707 Salary Continuation: Operation Noble Eagle & Enduring Freedom...................................... 6 DE Reg. 398(Emer.)
6 DE Reg. 436 (Prop.)
6 DE Reg. 777 (Final)
1001 Participation in Extra-Curricular Activities.. ...... ............................................................... 6 DE Reg. 18 (Prop.)
6 DE Reg. 279 (Final)
1005 Membership in Fraternities and Sororities............................................................................ 6 DE Reg. 255 (Prop.)
6 DE Reg. 643 (Final)
1025 Delaware Interscholastic Athletic Association..................................................................... 6 DE Reg. 280 (Final)
1049 DIAA Definitions.................................................................................................................. 6 DE Reg. 282 (Final)
1050 DIAA Sportsmanship............................................................................................................ 6 DE Reg. 284 (Final)
1051 DIAA Senior High School Interscholastic Athletics............................................................ 6 DE Reg. 6 (Errata)
6 DE Reg. 288 (Final)
1052 DIAA Junior High/Middle School Interscholastic Athletics 6 DE Reg. 304 (Final)
1053 DIAA Waiver Procedure....................................................................................................... 6 DE Reg. 282 (Final)
1054 DIAA Investigative Procedure.............................................................................................. 6 DE Reg. 282 (Final)
1055 DIAA Appeal Procedure....................................................................................................... 6 DE Reg. 282 (Final)
1056 Recognition of Officials' Association.................................................................................. 6 DE Reg. 282 (Final)
1105 School Transportation........................................................................................................... 6 DE Reg. 256 (Prop.)
6 DE Reg. 643 (Final)
PROFESSIONAL STANDARDS BOARD
301 General Regulations for Certification of Professional Public School Personnel.................... 6 DE Reg. 235 (Prop.)
302, 304, 311, 312, 313, 314, 1535, 1536, 1538, Amendment of Certification Regulations........ 6 DE Reg. 734 (Prop.)
1510 Issuance of Initial License..................................................................................................... 6 DE Reg. 251 (Prop.)
1511 Issuance & Renewal of Continuing License........................................................................ 6 DE Reg. 135 (Prop.)
6 DE Reg. 518 (Final)
1512 Issuance & Renewal of Advanced License........................................................................... 6 DE Reg. 77 (Final)
1513 Denial of Licenses................................................................................................................. 6 DE Reg. 253 (Prop.)
1514 Revocation of Licenses......................................................................................................... 6 DE Reg. 254 (Prop.
1517 Certification Career & Technical Specialist......................................................................... 6 DE Reg. 140 (Prop.)
6 DE Reg. 523 (Final)
1540 Certification Science Teacher............................................................................................... 6 DE Reg. 19 (Prop.)
6 DE Reg. 319 (Final)
1541 Limited Standard Certificate for Middle Level Mathematics and Science and
Secondary Science, Certificate for Middle Level Science...................................................... 6 DE Reg. 21 (Prop.)
6 DE Reg. 321 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
902 CUMULATIVE TABLES
1594 Delaware Administrator Standards............... ...... .......................................................... 6 DE Reg. 22 (Prop.)
6 DE Reg. 322 (Final)
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Assisted Living Facilities, Regulations for............................................................................. 6 DE Reg. 525 (Final)
Criminal History Checks & Drug Testing for Home Health Agencies, Regulations for........ 6 DE Reg. 585 (Prop.)
6 DE Reg. 835 (Prop.)
6 DE Reg. 880 (Final)
Group Homes for Persons with Mental Illness, Regulations Pertaining to............................ 6 DE Reg. 266 (Prop.)
6 DE Reg. 323 (Final)
6 DE Reg. 654 (Final)
Nursing Homes Admitting Pediatric Residents, Regulations for........................................... 6 DE Reg. 79 (Final)
Regulations for Assisted Living Facilities.............................................................................. 6 DE Reg. 141 (Prop.)
DIVISION OF PUBLIC HEALTH
Birth Defect Surveillance & Registry Program Regulations.................................................. 6 DE Reg. 741 (Prop.)
Cancer Registry Regulations.................................................................................................. 6 DE Reg. 744 (Prop.)
Clean Indoor Air Act Regulations.......................................................................................... 6 DE Reg. 267 (Prop.)
6 DE Reg. 655 (Final)
6 DE Reg. 837 (Prop.)
Delaware Radiation Control Regulations.............. ...... ................................................... 6 DE Reg. 98 (Final)
EMS Pre-Hospital Advanced Care Directive Regulations..................................................... 6 DE Reg. 588 (Prop.)
Production & Sale of Milk & Milk Products.......................................................................... 6 DE Reg. 840 (Prop.)
Regulations for Adult Day Care Facilities.............................................................................. 6 DE Reg. 83 (Final)
Regulation for the Certification of RadiationTechnologists/Technicians.............................. 6 DE Reg. 99 (Final)
DIVISION OF SOCIAL SERVICES
DSSM
3002 Time Limit, Temporary Welfare Program................................................................... 6 DE Reg. 155 (Prop.)
6 DE Reg. 528 (Final)
3002.5, Assessment Prior to Termination of Benefits..................................................... 6 DE Reg. 841 (Prop.)
3008 & 3012 Dependent Children.......................................................................................... 6 DE Reg. 337 (Final)
3024, Citizens and Aliens....................................................................................................... 6 DE Reg. 841 (Prop.)
6103, E 6 DE Reg. 592 (Prop.)
6 DE Reg. 884 (Final)
9007.1 Citizenship and Alien Status...................................................................................... 6 DE Reg. 156 (Prop.)
6 DE Reg. 530 (Final)
6 DE Reg. 843 (Prop.)
9045 Maximum Allowable Resources.................................................................................. 6 DE Reg. 158 (Prop.)
6 DE Reg. 531 (Final)
9046, 9048, 9049 & 9051, Noncitizen Eligibility and Certification....................................... 6 DE Reg. 339 (Final)
9060 Income Deductions....................................................................................................... 6 DE Reg. 439 (Prop.)
6 DE Reg. 780 (Final)
9085 Reporting Changes........................................................................................................ 6 DE Reg. 441 (Prop.)
6 DE Reg. 780 (Final)
14600 Third-Party Liability................................................................................................... 6 DE Reg. 158 (Prop.)
6 DE Reg. 532 (Final)
14900 Enrollment in Managed Care...................................................................................... 6 DE Reg. 533 (Final)
15160.1 Eligibility Determination......................................................................................... 6 DE Reg. 534 (Final)
15200 Transitional Medicaid....................................... ...... ............................................ 6 DE Reg. 29 (Prop.)
6 DE Reg. 344 (Final)
15503 Screening Requirement............................................................................................... 6 DE Reg. 534 (Final)
15505 Uninsured Requirement.............................................................................................. 6 DE Reg. 535 (Final)
16110 Adult Expansion Population....................................................................................... 6 DE Reg. 535 (Final)
16210 Limitations on Retroactive Coverage......................................................................... 6 DE Reg. 535 (Final)
16220.5 Enrollment in Managed Care-Special Requirement for Adult Expansion
Po 6 DE Reg. 535 (Final)
16310.3 Adults....................................................................................................................... 6 DE Reg. 536 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
CUMULATIVE TABLES 903
16500.2 Procedures for Determining Eligibility.................................................................... 6 DE Reg. 536 (Final)
17500, 17520, 17550, Qualifying Individuals........................................................................ 6 DE Reg. 845 (Prop.)
18200.2 Uninsured Requirement........................................................................................... 6 DE Reg. 536 (Final)
20210.7.1, 20620.1, 20995.1, Veterans' Pension Payments, Personal Needs Allowance...... 6 DE Reg. 846 (Prop.)
20910.5, Excess Shelter Allowance........................................................................................ 6 DE Reg. 846 (Prop.)
25000 Children's Community Alternative Disability Program (CCADP)............................ 6 DE Reg. 536 (Prop.)
Delaware State Plan for TANF............................................................................................... 6 DE Reg. 525 (Final)
6 DE Reg. 442 (Prop.)
6 DE Reg. 781 (Final)
Regulation #02-50, Nursing Home Patient Health Care Assessments 6 DE Reg. 720 (Emer.)
Title XIX Medicaid State Plan................................................................................................ 6 DE Reg. 718 (Emer.)
6 DE Reg. 778 (Final)
Title XIX Medicaid State Plan, Attachment 4.19-B pp. 14 & 14a......................................... 6 DE Reg. 746 (Prop.)
Title XIX Medicaid State Plan, Attachment 4.19-D, p. 4....................................................... 6 DE Reg. 748 (Prop.)
Title XIX Medicaid State Plan, Inpatient Hospital Care Reimbursement Methodology
for Interim Payments....................................................................................................... 6 DE Reg. 593 (Prop.)
6 DE Reg. 885 (Final)
Title XIX Medicaid State Plan, Transportation as an Administrative Expense...................... 6 DE Reg. 335 (Final)
6 DE Reg. 437 (Prop.)
6 DE Reg. 570 (Errata)
DEPARTMENT OF INSURANCE
Regulation 41, Medicare Supplement Insurance Minimum Standards.................................. 6 DE Reg. 437 (Prop.)
6 DE Reg. 800 (Final)
Regulation 80, Standards for Prompt, Fair & Equitable Settlement of Claims...................... 6 DE Reg. 593 (Prop.)
Regulation 86, Standards for Safeguarding Customer Information....................................... 6 DE Reg. 595 (Prop.)
Regulation 87, Use of Credit Information.............................................................................. 6 DE Reg. 597 (Prop.)
DEPARTMENT OF JUSTICE
DELAWARE SECURITIES ACT
600 Registration of Broker-Dealers....................................................................................... 6 DE Reg. 461 (Prop.)
601 Registration of Broker-Dealer Agents............................................................................ 6 DE Reg. 461 (Prop.)
6 DE Reg. 749 (Prop.)
608 Registration Exemption for Certain Canadian Broker-Dealers...................................... 6 DE Reg. 463 (Prop.)
6 DE Reg. 608 (Prop.)
610 Examination Requirement.............................................................................................. 6 DE Reg. 467 (Prop.)
6 DE Reg. 755 (Prop.)
700 Registration of Investment Advisors.............................................................................. 6 DE Reg. 467 (Prop.)
6 DE Reg. 755 (Prop.)
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Clean Indoor Air Act Regulations.......................................................................................... 6 DE Reg. 602 (Prop.)
Unemployment Insurance Appeal Board Regulations............................................................ 6 DE Reg. 605 (Prop.)
6 DE Reg. 887 (Final)
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
DIVISION OF AIR & WASTE MANAGEMENT
Waste Management Section
2002 Amendments to Delaware Regulations Governing Hazardous Waste.................... 6 DE Reg. 106 (Final)
Delaware 2005 Rate-of-Progress Plan............................................................................. 6 DE Reg. 621 (Prop.)
Delaware Phase II Attainment Demonstration for the Philadelphia-Wilmington-Trenton
Ozone Non-attainment area...................................................................................... 6 DE Reg. 628 (Prop.)
Reg. No. 3, Sec. 11, Ambient Air Quality Standards...................................................... 6 DE Reg. 609 (Prop.)
Reg. No. 24, Section 10, Aerospace Coatings................................................................. 6 DE Reg. 190 (Final)
6 DE Reg. 611 (Prop.)
6028, Reporting of a Discharge of a Pollutant or an Air Contaminant........................... 6 DE Reg. 661 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
904 CUMULATIVE TABLES
DIVISION OF FISH & WILDLIFE
Shellfish Reg. S-63 Oyster Harvesting Seasons..................................................................... 6 DE Reg. 399 (Emer)
Tidal Finfish Reg. No. 11, Red Drum Size Limits, Creel Limits........................................... 6 DE Reg. 755 (Prop.)
Tidal Finfish Reg. No. 22, Tautog Size Limit......................................................................... 6 DE Reg. 848 (Prop.)
Tidal Finfish Reg. No. 23, Black Sea Bass Size Limit; Trip Limits; Seasons; Quotas.......... 6 DE Reg. 35 (Prop.)
6 DE Reg. 348 (Final)
6 DE Reg. 757 (Prop.)
Tidal Finfish Reg. No.24, Fish Pot Requirements.................................................................. 6 DE Reg. 35 (Prop.)
6 DE Reg. 350 (Final)
Tidal Finfish Reg. No. 28, Atlantic Ocean American Shad Season and Closure................... 6 DE Reg. 756 (Prop.)
Wildlife & Non-Tidal Fishing Regulations
WR-2 Method of Take.................................................................................................... 6 DE Reg. 162 (Prop.)
6 DE Reg. 536 (Final)
WR-3 Federal Laws & Regulations Adopted................................................................. 6 DE Reg. 162 (Prop.)
6 DE Reg. 537 (Final)
WR-4 Seasons................................................................................................................. 6 DE Reg. 163 (Prop.)
6 DE Reg. 537 (Final)
WR-7 Deer...................................................................................................................... 6 DE Reg. 163 (Prop.)
6 DE Reg. 538 (Final)
WR-14 Falconry............................................................................................................. 6 DE Reg. 164 (Prop.)
6 DE Reg. 538 (Final)
WR-15 Collection or Sale of Nongame Wildlife............................................................ 6 DE Reg. 164 (Prop.)
6 DE Reg. 539 (Final)
WR-16 Endangered Species........................................................................................... 6 DE Reg. 165 (Prop.)
6 DE Reg. 539 (Final)
WR-17 Species of Special Concern................................................................................ 6 DE Reg. 165 (Prop.)
6 DE Reg. 539 (Final)
DIVISION OF WATER RESOURCES
Delaware Regulations Governing the Control of Water Pollution......................................... 6 DE Reg. 474 (Prop.)
Total Maximum Daily Load (TDML) for Nutrients in the Appoquinimink Watershed......... 6 DE Reg. 350 (Final)
Regulations for Licensing Water Well Contractors, Pump Installer Contractors, Well
Drillers, Well Drivers, and Pump Installers.............................................................. 6 DE Reg. 165 (Prop.)
6 DE Reg. 801 (Final)
Shellfish Sanitation Regulations............................................................................................. 6 DE Reg. 36 (Prop.)
. 6 DE Reg. 350 (Final)
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF HIGHWAY SAFETY
Policy Reg. 92, Standard Operating Procedures for the DUI Evaluation, Education and
Outpatient Treatment Agencies....................................................................................... 6 DE Reg. 758 (Prop.)
DIVISION OF STATE POLICE
Nonconsensual Towing Regulations....................................................................................... 6 DE Reg. 206 (Final)
DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
DIVISION OF FAMILY SERVICES
Child Abuse Registry.............................................................................................................. 6 DE Reg. 765 (Prop.)
DEPARTMENT OF STATE
DIVISION OF HISTORICAL & CULTURAL AFFAIRS
Historic Preservation Tax Credit Program.............................................................................. 6 DE Reg. 108 (Final)
DEPARTMENT OF TRANSPORTATION
Statewide Long Range Transportation Plan................................................................................... 6 DE Reg. 38 (Prop.)
6 DE Reg. 353 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
CUMULATIVE TABLES 905
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Co-Op Advertising Program................................................................................................... 6 DE Reg. 174 (Prop.)
6 DE Reg. 212 (Final)
6 DE Reg. 683 (Final)
Direct Grants Program............................................................................................................ 6 DE Reg. 176 (Prop.)
6 DE Reg. 685 (Final)
Matching Grants Program....................................................................................................... 6 DE Reg. 178 (Prop.)
6 DE Reg. 688 (Final)
Neighborhood Assistance Act Tax Credit Program Regulation............................................. 6 DE Reg. 630 (Prop.)
GOVERNOR'S OFFICE
Appoin 6 DE Reg. 214
6 DE Reg. 540
6 DE Reg. 699
6 DE Reg. 888
Executive Order No. 34, Terminating Drought Emergency................................................... 6 DE Reg. 698
STATE EMPLOYEE BENEFITS COMMITTEE
Group Health Care Insurance, Proposed Revisions to Eligibility and Coverage Rules................ 6 DE Reg. 180 (Prop.)
6 DE Reg. 634 (Prop.)
6 DE Reg. 690 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
906 EMERGENCY REGULATIONS
Symbol Key
Roman type indicates the text existing prior to the emergency regulation being promulgated. Italic type indicates new
text. Language which is stricken through indicates text being deleted.
Emergency Regulations
Under 29 Del.C. §10119, if an agency determines that an imminent peril to the public health, safety or welfare requires
the adoption, amendment or repeal of a regulation with less than the notice required by 29 Del.C. §10115, then the following
rules shall apply: (1) The agency may proceed to act without prior notice or hearing or upon any abbreviated notice and
hearing that it finds practicable; (2) The order adopting, amending or repealing a regulation shall state in writing the reasons
for the agency's determination that such emergency action is necessary; (3) the order effecting such action may be effective
for a period of not longer than 120 days and may be renewed once for a period not exceeding 60 days; (4) When such an order
is issued without any of the public procedures otherwise required or authorized by Chapter 101 of Title 29, the agency shall
state as part of the order that it will receive, consider and respond to petitions by any interested person for the reconsideration
or revision thereof; and (5) The agency shall submit a copy of the emergency order to the Registrar for publication in the next
issue of the Register of Regulations.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 505 (31 Del.C. §505)
Title XXI Delaware Healthy Children Program
State Plan
Sections 3.1, 6.2.10, And 6.2.11
NATURE OF THE PROCEEDINGS:
This emergency regulation is being promulgated to
amend the Title XXI Delaware Healthy Children Program
State Plan, effective January 1, 2003. Delaware Health and
Social Services ("Department") must take this action on an
emergency basis to expand the state plan to cover more
DSCYF (Department of Services to Children, Youth and
their Families) services. The Department has determined
that immediate adoption is imperatively necessary for the
preservation of public health, safety, or welfare if is not
implemented without prior notice or hearing.
Summary Of Proposed Revisions
Effective January 1, 2003, this emergency regulation
amends the Division of Social Services Title XXI Delaware
Healthy Children Program (DHCP) State Plan to:
1 Remove the yearly limit of one bundled rate
payment per 31 days in a calendar year. In this way, the
DHCP Plan mirrors the Medicaid benefit which allows the
bundled rate to be billed for up to 12 months per calendar
year; and,
2 Remove the restriction that currently prevents
DSCYF from billing any fee-for-service claims for children
in Division of Youth and Rehabilitative Services (YRS) or
Division of Family Services (DFS) who are not under the
care of Child Mental Health (CMH) and do not have the
bundled rate billed on their behalf.
Findings Of Fact:
The Department finds that these changes should be
made in the best interest of the general public of the State of
Delaware. The Department will receive, consider, and
respond to petitions by any interested person for the
reconsideration or revision thereof.
THEREFORE, IT IS ORDERED, that the proposed
revisions to the regulation be adopted on an emergency basis
without prior notice or hearing, and shall become effective
January 1, 2003.
Vincent P. Meconi, Secretary, DHSS, January 15, 2003
DSS EMERGENCY ORDER REGULATION #03-01
REVISION:
DELAWARE HEALTHY CHILDREN PROGRAM
(DHCP)
Section 3. Methods of Delivery and Utilization
Controls (Section 2102(a)(4))
3.1 Describe the methods of delivery of the child health
assistance using Title XXI funds to targeted low-income
children. Include a description of the choice of financing
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
EMERGENCY REGULATIONS 907
and the methods for assuring delivery of the insurance
products and delivery of health care services covered by
such products to the enrollees, including any variations.
(Section 2102)(a)(4) (42 CFR 457.490(a))
The Delaware Healthy Children Program (DHCP) is
targeted to children under age 19 with income at or below
200% of the Federal Poverty Level (FPL). The service
package will include all of those basic benefit services
provided under the State's Medicaid Managed Care program
as it was structured during 1998. Services will be provided
by the same fully capitated managed care organizations
(MCOs) participating with Medicaid. In addition,
participants in the DHCP will receive pharmacy services
comparable to the Medicaid population. They will also
receive 31 days of mental health and substance abuse
treatment services (any treatment modality) in a calendar
year in addition to the basic MCO benefit of 30 outpatient
visits for mental health. They will also receive all medically
necessary mental health and substance abuse treatment
services (any treatment modality) which exceed the basic
MCO benefit of 30 outpatient visits for mental health. The
mental health/substance abuse services will be provided
through the State's Department of Services for Children,
Youth, and Families. For children actively case managed by
the Department's Division of Child Mental Health Services
(a JCAHO-certified public mental health managed care
provider), a monthly encounter rate will be billed to the
DHCP. Children receiving mental health or substance abuse
services by the Department's Division of Family Services or
the Division ofYouth Rehabilitation Services will have their
care paid on a fee-for-service basis. Beyond the 31 days of
additional coverage of inpatient care, children will become
eligible for Medicaid long-term care services. Thus the
DHCP will provide very high quality mental health and
substance abuse coverage - coverage which is better by far
than most private sector coverage. Services will be provided
statewide with no variations based on geography.
(Note: Break In Continuity of Sections)
6.2 The state elects to provide the following forms of
coverage to children: (Check all that apply. If an item is
checked, describe the coverage with respect to the amount,
duration and scope of services covered, as well as any
exclusions or limitations) (Section 2110(a)) (42 CFR 457.490)
(Note: Break In Continuity of Sections)
6.2.10. . Inpatient mental health services, other than
services described in 6.2.18, but including services furnished
in a state-operated mental hospital and including residential
or other 24-hour therapeutically planned structural services
(Section 2110(a)(10)) - inpatient mental health services may be
provided as a "wrap-around" service for up to 31 days per
calendar year with the limitation that the 31 days also
includes any other mental health and/or substance abuse
treatment services (including outpatient, residential and any
other treatment modality) outside of the basic MCO benefit
of 30 outpatient visits will be provided as "wrap-around"
services by the DSCYF. Inpatient services will be provided
with limits based on medical necessity. Children who need
inpatient services beyond this will convert to Medicaid
Long-Term Care.
6.2.11. . Outpatient mental health services, other
than services described in 6.2.19,but including services
furnished in a state-operated mental hospital and including
community-based services (Section 2110(a)(11) -30 days of
outpatient care included in the basic MCO benefit.
Additional days (up to 31), with limitations based on
medical necessity, will be provided by the DSCYF. available
through wrap-around. See note in 6.2.10.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
908 PROPOSED REGULATIONS
Symbol Key
Roman type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text.
Language which is stricken through indicates text being deleted.
Proposed Regulations
Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file
notice and full text of 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 nat ure
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.
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PHARMACY
24 DE Admin. Code 2500
Statutory Authority: 24 Delaware Code,
Section 2509 (24 Del. C. §2509)
PLEASE TAKE NOTICE, pursuant to 29 Del. C.
§2509, the Delaware Board of Pharmacy (Board) has
developed and proposes to modify Regulations 1.0 and 11.0.
The changes to Rule 1.0 relating to the national
examinations make the rule consistent with the requirements
of the National Association of Boards of Pharmacy (NABP).
Regulation 11.0 is modified as it relates to stock medication,
labeling, consultant pharmacist duties, and drug disposal.
The changes to Rule 11 were made in response to public
comment from an earlier proposal that was not enacted.
A public hearing will be held on March 12, 2003 at
10:00 a.m. in the Jesse Cooper Building, Room 309 (third
floor conference room), Federal and Water Streets, Dover,
DE 19901. Written comments can be submitted at any time
prior to the public hearing in care of Gradella E. Bunting at
the above address. In addition to publication in the Register
of Regulations and two newspapers of general circulation,
copies of the proposed regulation can be obtained from
Gradella E. Bunting by calling (302)739-4798.
1.0 Pharmacist Licensure Requirements
1.1 Examination Requirements
1.1.2 Candidates must obtain a passing grade of
75 as determined by NABP on the North American
Pharmacist Licensure Examination (NAPLEX) and the
Multistate Pharmacy Jurisprudence Examination (MPJE)
Examination to be eligible for a license to practice. The
Secretary will supply the grades obtained to the candidate
upon receipt of a written request from that person. In
addition, candidates must take and obtain a passing grade of
75 on a Jurisprudence Examination.
1.1.3 The Board will re-confirm the eligibility
of an applicant who fails the NAPLEX. Any applicant who
fails the examination The applicant shall be entitled to take a
re-examination after 91 (ninety-one) days. If an applicant
has failed the examination three times, he/she shall be
eligible to re-take the examination NAPLEX, provided that
he/she produces evidence of working full-time as an intern
for a period of six months between examinations or has
attended an accredited college of pharmacy as a registered
student for a minimum of one semester consisting of 12
credits during the interim. A certification of satisfactory
completion of such work shall be furnished by the Dean of
the College or the preceptor as the case may be. The
applicant may continue to sit for the Examination at its
regularly scheduled time in the next succeeding years,
provided the applicant has fulfilled the requirement for
internship or course of study required herein between each
examination.
1.1.4 Three failures of the Jurisprudence
Examination requires three months of internship or one
semester college course of Jurisprudence prior to the
applicant being eligible to re-take the Jurisprudence
examination. The Board will re-confirm the eligibility of an
applicant who fails the MPJE. The applicant shall be
entitled to re-take the MJPE after 31 (thirty-one) days. If an
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
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PROPOSED REGULATIONS 909
applicant has failed the examination three times, he/she shall
be eligible to re-take the examination, provided that he/she
produces evidence of working full-time as an intern for a
period of three months or has completed a one semester
college course on jurisprudence.
11.0 Pharmaceutical Services in Nursing Homes
11.1 Definition: A nursing home is an institution
licensed by the Division of Public Health State Board of
Health that provides permanent facilities that include inpatient
beds and medical services, including continuous
nursing services, to provide treatment for patients who do
not currently require continuous hospital services. Rest -
Residential and Assisted Living beds in licensed nursing
homes are exempt from this regulation. They are considered
under Health Care Facilities.
11.2 General Requirements
11.2.1 Each administrator facility shall provide
within the facility, a cabinet or medication carts for
individual patient medications prescriptions. These storage
units shall be of sufficient size and located where easily
accessible. They shall be locked when not in use and the key
and/or code for for the lock of the storage unit shall be
carried by or be accessible only to registered nurses, licensed
practical nurses, or pharmacists. Controlled substances
storage shall be in compliance with State and Federal
statutes and regulations.
11.2.2 All bleaches, detergents, disinfectants, and
external preparations so labeled shall be kept in a separate
locked cabinet, compartment, or room apart from medicines,
drugs or foods. Internal medications must be stored
separately from external medications.
11.2.3 Adequate refrigeration (36° to 46°
Fahrenheit) must be used to store medications requiring
refrigeration. Medications requiring refrigeration must be
stored within the USP/NF refrigeration temperature range of
36 to 46 degrees Fahrenheit.
11.2.4 Medications which require room
temperature storage must be maintained at either USP/NF
ranges of 59 to 86 degrees Fahrenheit or the manufacturer's
labeled range.
11.2.5 No persons except properly authorized
licensed personnel shall handle or administer Rx only drugs.
"caution legend drugs" from individual prescriptions.
11.2.6 Schedule II substances shall be secured
under two locks in securely fixed boxes or drawers in the
medication storage area, medication cart, interim or and
emergency supplies. These are to be kept separate from noncontrolled
medications. There shall be accountability
procedures for all Schedule II substances present.
11.2.7 There shall be accountability procedures
for all controlled substances present. There shall be readily
retrievable records maintained at the provider pharmacy and
the facility showing the receipt and disposition of all
controlled substances. These records must be maintained for
2 years.
11.3 Stock Medication
11.3.1 Non-legend medications:
11.3.1.1 A minimal amount of non-legend
drugs may be kept as stock supply.
11.3.1.2 If accountabilities for individual
patients are found to be inadequate upon inspection, then the
stock non-legend medications may be subject to limitations.
11.3.1 11.3.2 Legend Prescription medications -
Emergency, IV, and Anaphylactic supplies
11.3.1.1 11.3.2.1 Certain prescription legend
medications for emergency use may be stocked by the
nursing home subject to Board approval by the Executive
Secretary of the Board.
11.3.1.2 11.3.2.2 Emergency use
medications are those which may be required to meet the
immediate therapeutic needs of patients and which are not
available from any other authorized source in sufficient time
to prevent risk or harm to patients by delay resulting from
obtaining such drugs from other sources.
11.3.1.3 11.3.2.3 IV's and Vaccines must
be submitted on an IV interim
a stock list to the Executive Secretary of the Board for
approval.
11.3.1.4 1.3.2.4IV medications must be
submitted on a stock list for approval by the Executive
Secretary of the Board. Only one IV box may be maintained
at the facility, unless an exemption is granted. by the Board.
The number of Anaphylaxis or Emergency boxes must also
be submitted for Board approval. A request for an
additional box must be submitted to the Executive Secretary
of the Board for approval.
11.3.1.5 The number and contents of
Anaphylaxis and Emergency boxes must be submitted to the
Executive Secretary of the Board for approval
11.3.1.6 11.3.2.5 If there is no specific
There must be an accountability procedure at the facility for
needles and syringes. then these must be submitted on an IV
or emergency box list for approval. These are legend items
in the State of Delaware.
11.3.2 11.3.3 Legend Prescription medications -
Interim supply
The criteria for legend interim medications
requiring Board approval are as follows:
11.3.3.1 The interim supply may consist
of medications selected from the following categories:
11.3.3.1. antibiotics
11.3.3.1. pain medications
11.3.3.1. antidiarrheal
11.3.3.1. cold/cough/antihistamines
11.3.3.1. antiemetics
11.3.3.1. antihypertensive
11.3.3.1. anticonvulsants
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
910 PROPOSED REGULATIONS
11.3.3.1.8 antidiabetic agents
11.3.3.1.9 cardiovascular drugs
11.3.3.1.10 respiratory/bronchodilators
11.3.3.1.11 sedatives/hypnotics
11.3.3.1.12 anticoagulants
11.3.3.1.13 H2 antagonists
11.3.3.2 The pharmacy, medical, and nursing
staff committee may select a maximum quantity of 6 dosage
units for items present in this supply .
11.3.2.1 11.3.3.3 There can be no more than a
total of 60 legend items present in this interim supply. The
interim supply for a facility can contain no more than four
dosage units per licensed bed of prescription medications,
including controlled substances.
11.3.2.2 11.3.3.4Only one interim box may be
maintained at the facility, unless an exemption is granted. by
the Board. A request for an additional box or supply must be
submitted to the Executive Secretary of the Board for
approval.
11.3.3 11.3.4 Approved lists for prescription
drug stock. legend drug boxes.
11.3.3.1 11.3.4.1 The most current
approved signed list or lists for each box must be maintained
in the pharmacy, attached to the box or boxes in the facility,
and shall become part of the Policy and Procedures manual.
11.3.3.2 11.3.4.2 When additions or
deletions are made, then a complete revised list must be
submitted for Board approval to the Executive Secretary of
the Board for approval.
11.3.3.3 Location site(s) where each box
will be stored in the facility must be included on each list
submitted.
11.3.3.4 When there is a change of the
provider pharmacy, all stock lists, even if unchanged, must
be submitted to the Executive Secretary of the Board for
approval within 15 days of initiation of pharmacy services.
11.3.4 11.3.5 Accountability for prescription
drug stock. legend stock usage.
11.3.4.1 11.3.5.1 The pharmacy provider
must be contacted within 24 hours after medication is used
from the supply. The pharmacist shall review the records of
new or changed orders to assure appropriateness. These
records must indicate the patient name, location, name of
medication, strength, quantity removed, date, time and
nurse's signature. Copies of the usage (i.e. removal) records
must be maintained at the facility in chronological order for
3 years.
11.3.4.2 The provider pharmacy is
responsible for the accuracy of all stock drug box contents at
the time of the filling of the medication. The replacement of
approved stock medications must be supervised by a
pharmacist and documented as such within 72 hours of
usage. This check must also include any medication that
became available when the medication is accessed. Records
documenting this filling or replacement of a stock
medication by a pharmacy must be kept for a minimum of 3
years at the provider pharmacy and must be readily available
for inspection by the Board.
11.3.4.3 11.3.5.2 Failure to comply with all
aspects and intent of these procedures outlined can result in
the revocation, suspension, or denial of the privilege of
having stock medications present. controlled substances
present in these supplies.
11.3.4.4 11.3.5.3 Continuous violations of
accountability procedures for the stock non controlled
legend medications may result in review proceedings before
the Board. of Pharmacy.
11.4 Return Medication Procedures
11.4.1 All unused portions of any patient's
discontinued prescription medication shall be immediately
isolated. Non-controlled medication shall be destroyed or
and returned to the pharmacist or provider pharmacy
supplying pharmaceutical services within 72 hours with the
appropriate notation of disposition. such returns for disposal
The notation shall include the date, quantity, and name and
strength of the medication.
11.4.2 Medications for hospitalized patients must
be isolated and may be held until the patient's return or
permanent discharge.
11.4.3 11.4.2 Destruction of discontinued
controlled patient medication and discharged or deceased
patient's controlled medication may be jointly performed by
the consultant pharmacist or provider pharmacist with a
designated nurse witness if shall be jointly performed by two
authorized licensed personnel within 72 hours of the
discontinuation of the medication or discharge of the patient.
A record of the destruction must be signed by both parties
and kept at the facility for 2 years.
11.5 Labeling
11.5.1 Labels on controlled substances must
show contain the original dispensing date, the actual refill
date, and amount of medication dispensed.
11.5.2 If a unit dose system is used then the
provider pharmacy must maintain prescription records
required by State and Federal law in addition to a readily
retrievable record of the actual refills, amount dispensed and
accountability of the amounts used.
11.5.3 A pharmacy providing prescriptions for
inpatient use in a nursing home may label the prescription,
"to be administered according to current physician's orders."
provided that:
11.5.3.1 The MAR accurately reflects the
prescriber's current orders.
11.5.3.2 The pharmacy is informed of any
change in directions within twenty-four (24) hours and
promptly records the change on the patient's profile.
Prescriptions for leave of absence or discharge must be
labeled in compliance with 24 Del.C. §2536.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 911
11.5.4 A change in a medication order that
involves a direction change must be communicated to the
pharmacy within 24 hours, and the labeling on a medication
currently in the facility may be handled in the following
ways:
11.5.4.1 A licensed nurse or pharmacist
may apply an accessory label to the medication which
denotes that there has been a direction change.
11.5.4.2 A label(s) with new directions
may be requested from the pharmacy and applied to the
current medication supply by a licensed nurse or pharmacist.
11.6 Duties of Consultant Pharmacist (CP).
11.6.1 A consultant pharmacist (CP) to a nursing
home in the State of Delaware must be licensed to practice
pharmacy in the State of Delaware. The consultant
pharmacist shall be responsible for the general supervision
of the nursing home pharmaceutical services and the direct
supervision of Delaware registered pharmacy interns, who
may assist in chart reviews. Supervision of the pharmacy
intern activities must be documented by the supervising
pharmacist as pertaining to chart review.
11.6.2 The consultant pharmacist shall provide
the administrator of a nursing home with a statement
indicating those minimum professional services that will be
provided. This statement shall be incorporated into the
nursing home Pharmacy Policy and Procedure Manual.
11.6.3 When a pharmacist becomes the
consultant to a nursing home, he or she must notify the
Board in writing within ten days of the starting date. The
Delaware State Board of Pharmacy shall be notified in
writing within ten days by the consultant pharmacist of
termination of said services.
11.6.3.1 If the consultant pharmacist has
not served in that position in the State of Delaware, the letter
of notification must contain a request for an interview with a
pharmacist on the staff of the Executive Secretary. At that
interview, the consultant pharmacist will receive a self
inspection form for nursing homes.
11.6.4 The consultant pharmacist CP shall be
responsible for the development of written policies and
procedures which shall include, but not be limited to:
11.6.4.1 Procedures for administering the
services outlined in the statement of proposed services.
11.6.4.2 Policies governing practitioner
physician medication orders, medication errors, automatic
stop orders, and medications for patient discharge and leave
of absence. emergency; medication
11.6.4.3 Policies and procedures
necessary to insure the safe use, administration, control and
accountability of all drugs throughout the nursing home in
compliance with State and Federal and State laws.
11.6.4.4 Policies and procedures outlining
the return or destruction on site of wastage for all controlled
medications. substances.
11.6.4.5 Policies governing appropriate
storage of medications, an effective drug recall procedure,
and labeling of all prescription drugs and biologicals in
accordance withUState and Federal and State requirements.
For registered out-of-state providers an additional labeling
requirement is having their the toll-free telephone number on
the prescription labels.
11.6.4.6 Policies and procedures
governing patient drug regimen reviews, which shall include
procedures for reporting irregularities, and documenting that
such reviews have been performed. The provider pharmacy
is to receive copies of all physicians' practitioners' orders to
be reviewed with the information on the patient profiles.
11.6.5 If the nursing home has a Pharmacy and
Therapeutics Committee or Quality Assurance or
Assessment Committee, the consultant pharmacist CP shall
serve on that Committee.
11.6.6 The consultant pharmacist or designated
pharmacy staff shall make inspections of each nursing
station and related drug storage areas at least monthly. A
pharmacy support person may assist with inspections under
the direct supervision of a pharmacist. Nursing station
inspections must include, but are not limited to the following
: (1) Documentation of medication storage area(s) (59 to 86
Fahrenheit) and refrigerator temperatures (36 to 46 degrees
Fahrenheit), (2) documentation of security of all drugs (e.g.
medication room cabinets, carts, Board approved drug
boxes),(3) proper labeling, including any accessory or
cautionary instructions, (4) proper expiration dates, (5)
cleanliness,(6) accountability of all medication and (7)
interim, emergency, IV, anaphylactic boxes or kits are
properly maintained. A copy of these inspection reports
must be maintained at the facility.
11.6.6.1 Nursing station inspections must
include, but are not limited to, documentation of the
following:
11.6.6.1.1 medication storage area(s)
(59 to 86 degrees Fahrenheit) and refrigerator temperatures
(36 to 46 degrees Fahrenheit),
11.6.6.1.2 security of all drugs (e.g.
medication room cabinets, carts, Board-approved drug
boxes),
11.6.6.1.3 proper labeling, including
any accessory or cautionary instructions,
11.6.6.1.4 proper expiration dates,
11.6.6.1.5 cleanliness,
11.6.6.1.6 interim, emergency, IV,
anaphylactic boxes or kits are properly maintained.
11.6.6.2 A copy of these inspection
reports must be maintained at the facility for 2 years.
11.6.7 The consultant pharmacist shall review the
drug regimen of each patient monthly. Each patient's chart
will be reviewed at the facility. Documentation of the
review is accomplished in the following manner:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
912 PROPOSED REGULATIONS
11.6.7.1 If the pharmacist determines that
there are no irregularities in the patient's drug regimen, he/
she must note in the patient's chart that he/she has reviewed
the drug regimen, found no irregularities, and sign and date
this notation. This documentation must remain on the
patients' charts for a minimum of 12 months.
11.6.7.2 If the pharmacist determines that
there are irregularities, he/she must prepare a drug regimen
review report summary which includes any pertinent
information such as the patient's diagnosis(es), the drug
regimen, any pertinent laboratory findings, dietary
considerations, etc., and his/her recommendations for
improving the drug therapy of the patient. The written
summaries must be maintained in the facility. A copy must
be sent to the Medical Director, attending physician,
Administrator and the Director of Nursing. This written
recommendation shall be forwarded to the prescribing
practitioner, with the original documentation maintained in
the patient chart.
11.6.7.3 Nursing unit inspections and a
summary report of patient drug regiment reviews must be
submitted to the Director of Nursing and the Administrator.
11.6.8 The consultant pharmacist is responsible
for the accountability of all medications. A random sample
will be done monthly to identify overages or shortages of
any medication. Documentation will be made of
irregularities and will include date of audit, patient
identification, a listing of overages or shortages, and an
explanation if known. Documentation will be maintained for
a period of 12 months.
11.6.9 11.6.8 The consultant pharmacist CP
shall be responsible for providing information to the nursing
home staff, as may be appropriate or required, to ensure
safety, understanding and compliance with policies and
procedures pertaining to pharmacy related activities and
concerns.
11.6.10 11.6.9 The consultant pharmacist CP
shall assume all other responsibilities required of a CP as set
forth in any State or Federal or State statutes or regulations
as enacted or amended or may be enacted or amended.
11.7 Notwithstanding this Regulation, nothing in
the Regulation shall render a practice unlawful which is
required by Federal regulation.
DIVISION OF PROFESSIONAL REGULATION
BOARD OF SPEECH/LANGUAGE PATHOLOGISTS,
AUDIOLOGISTS, AND HEARING AID DISPENSERS
24 DE Admin. Code 3700
Statutory Authority: 24 Delaware Code,
Section 3706(a)(1) (24 Del.C. §3706(a)(1))
The Delaware Board of Speech/Language Pathologists,
Audiologists, and Hearing Aid Dispensers, in accordance
with 24 Del.C. §3706(a)(1) has proposed changes to its
rules and regulations. The changes clarify the requirements
for continuing education and the supervised clinical
practicum that precedes the clinical fellowship year. An
audit system will be used to monitor compliance with
continuing education requirements.
A public hearing will be held at 2:00 p.m. on March 12,
2003 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
Speech/Language Pathologists, Audiologists, and Hearing
Aid Dispensers, 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.
Board of Examiners of Speech/Language Pathologists,
Audiologists & Hearing
Aid Dispensers
Statutory Authority: 24 Del.C. 3706(a)(1)
1.0 Division of Professional Regulation
2.0 Licensure Requirements for Speech-Language
Pathologists and Audiologists
3.0 Licensure Requirements for Hearing Aid
Dispensers
4.0 Expired Licenses and Inactive Status
5.0 Requirements for Audiology Aides
6.0 Requirements for Speech Pathology Aides
7.0 Electronic Equipment
8.0 Continuing Education For All Licensees: Speech/
Language Pathologists, Audiologists and
Hearing Aid Dispensers
9.0 Code of Ethics for Speech/Language Pathologists
and Audiologists and Hearing Aid Dispensers
10.0 Voluntary Treatment Option for Chemically
Dependent or Impaired Professionals
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 913
1.0 Division of Professional Regulation
1.1 Responsibilities
1.1.1 All applications and other forms may be
obtained from, and must be returned after completion, to the
Division of Professional Regulation, ATTN: SLP-AUDHAD,
at 861 Silver Lake Blvd., Ste. 203, Dover, DE 19904-
2467 by mail or in person during regular business hours.
Information and forms are also available at the web site at
http://www.professionallicensing.state.de.us
1.1.2 Fees required under the statute are to be
made payable to the State of Delaware and remitted to the
Division of Professional Regulation. No license shall be
issued until all required fees are paid.
1.1.3 The Administrative Assistant assigned by
the Division of Professional Regulation performs support
functions for the Board and serves as the contact person for
the Board to receive inquires.
2.0 Licensure Requirements for Speech-Language
Pathologists and Audiologists
2.1 Education
2.1.1 To be eligible for a license as a Speech/
Language Pathologist or Audiologist, the applicant must
submit verification by an official transcript of completion of
at least a master's degree or its equivalent, from an
accredited college or university with major emphasis in
speech-language pathology, audiology, communication
disorders or speech-language and hearing science.
2.2 Clinical Practicum
2.2.1 The Speech/Language Pathology and
Audiology applicant must have completed a minimum of
375 clock hours of supervised clinical practicum with major
emphasis in the professional area for which the license is
being sought. Clinical observation may qualify for up to 25
of the hours in the supervised clinical practicum.
2.2.2 A minimum of 250 clock hours in the area
of specialty of the supervised clinical practicum must have
been obtained at the graduate level.
2.3 Clinical Fellowship Year (CFY)
2.3.1 The Speech/Language Pathology or
Audiology applicant must have the equivalent of nine (9)
months of full-time or eighteen (18) months of part time
(defined as 15-20 hours per week) supervised * CFY in the
major professional area in which the license is being sought.
The CFY must start after completion of the academic and
clinical practicum requirements.
* Supervision is defined as direct observation consisting
of 36 supervisory activities, including 18 one hour on-site
observations and 18 other monitoring activities. (From
Appendix E of Clinical Fellowship Year adopted ASHA
1985)
2.4 National Examination
2.4.1 The Speech/Language Pathology and
Audiology applicant must have completed and passed the
national examination approved by the Division of
Professional Regulation for the area of specialty with at least
the minimum nationally recommended score. Scores must
be sent directly from the testing service to the Division of
Professional Regulation.
2.4.2 A Speech/Language Pathology or
Audiology applicant with a temporary license is permitted to
complete the appropriate national examination during the
period of the temporary license.
2.4.3 Anyone who fails two examinations may
not be reexamined for a period of one year following the
second failure. Prior to reexamination after a second failure,
an applicant must submit proof of additional course work
and/or clinical experience.
2.5 Application Process-Temporary Licensure
2.5.1 An applicant must complete a notarized
application for temporary licensure. Items which must be
provided to the Division of Professional Regulation include:
2.5.1.1 Official Transcript(s);
2.5.1.2 Documents verifying the appropriate
number and level of supervised clinical practicum hours;
2.5.1.3 CFY plan on a form approved by the
Board, signed by the licensed professional who will provide
the supervision;
2.5.1.4 payment of appropriate fees.
2.5.2 A temporary license is valid for one year
from the date of issuance and may be renewed for one year
in extenuating circumstances upon application to the Board.
Requests for Board consideration of a renewal shall be made
in writing and sent to the Division of Professional
Regulation 60 days prior to expiration.
2.6 Application Process -Permanent Licensure
2.6.1 Speech/Language Pathology and
Audiology applicants must complete the application on a
form approved by the Board and submit the appropriate fee.
2.6.2 An applicant who has ASHA Certification
must comply with Section 2.6.1 and submit a copy of current
ASHA certification.
2.6.3 An applicant who is currently licensed in
another state, the District of Columbia, or territory of the
United States whose standards for licensure are substantially
similar to those of this state, must comply with Section 2.6.1
and submit verification of licensure in good standing from
all jurisdictions where he or she is or has been licensed.
Applicants for reciprocal licensure from states not
substantially similar to this state shall provide proof of
practice for a minimum of five years after licensure in
addition to meeting the other qualifications in 24 Del.C.
3710 this section. Verification of practice should be by
notarized letter from the employer(s).
2.6.4 An applicant who has completed the
supervised CFY in Delaware and has a current temporary
license, must submit the following documentation to the
Division of Professional Regulation 30 days prior to
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
914 PROPOSED REGULATIONS
expiration of the temporary license:
2.6.4.1 proof of completion of the CFY,
2.6.4.2 national examination score unless
previously provided,
2.6.4.3 licensure fee.
3.0 Licensure Requirements for Hearing Aid Dispensers
3.1 Education
3.1.1 To be eligible for a license as a Hearing
Aid Dispenser, the applicant must submit verification of
high school diploma or its equivalent.
3.2 National Examination
3.2.1 Hearing Aid Dispensing applicants must
have completed and passed the national examination
approved by the Division of Professional Regulation, in
accordance with scores as recommended by the national
testing service, National Institute for Hearing Instruments
Studies (NIHIS), or its successor.
3.2.2 Anyone who fails two examinations may
not be reexamined for a period of one year following the
second failure. Prior to reexamination after a second failure,
an applicant must submit proof of course work and/or
supervised experience.
3.3 Application Process - Temporary Licensure
3.3.1 An applicant must complete the
application for temporary licensure. Items which must be
provided to the Division of Professional Regulation include:
3.3.1.1 verification of a high school diploma
or its equivalent,
3.3.1.2 payment of appropriate fees, and
3.3.1.3 notarized signature of a Delaware
licensed sponsor stating a willingness to provide direct
supervision and training. Direct supervision is defined as a
minimum of 25% direct on-site observations during the
temporary licensure period.
3.3.2 A temporary license is valid for one year
from date of issuance and may be renewed for one year in
extenuating circumstances upon application to the Board.
Requests for Board consideration of a renewal shall be made
in writing and sent to the Division of Professional
Regulation 60 days prior to expiration.
3.4 Application Process-Permanent Licensure
3.4.1 All Hearing Aid Dispensing applicants
must complete an application on a form approved by the
Board and submit it with the appropriate fee to the Division
of Professional Regulation.
3.4.2 A Hearing Aid Dispensing applicant who
is currently licensed in another state, the District of
Columbia, or territory of the United States, whose standards
for licensure are substantially similar to those of this state,
must comply with 3.4.1 and submit verification of licensure
in good standing from all jurisdictions where he or she is or
has been licensed. Applicants for reciprocal licensure from
states not substantially similar to this state shall provide
proof of practice for a minimum of five years after licensure
in addition to meeting the other qualifications in 24 Del.C.
3710. Verification of practice should be by notarized letter
from the employer(s).
3.4.3 Licensees holding temporary Hearing Aid
Dispensing licenses must submit a passing score on the
national examination described in 3.2.1 and the required fee
to the Division of Professional Regulation to obtain a
permanent license.
4.0 Expired Licenses and Inactive Status
4.1 Expired Licenses
4.1.1 A holder of an expired license may renew
the license within one year of the date the renewal was due
by fulfilling all of the renewal requirements and paying the
late fee established by the Division of Professional
Regulation.
4.2 Inactive Status
4.2.1 A licensee may apply to the Board for
inactive status for up to five years. The license may be
reactivated upon application on a form approved by the
Board and proof of 20 CE's completed within the preceding
24 months (30 CE's for a triple license) as required by
Section 8.2.3, and paying the fee established by the Division
of Professional Regulation.
5.0 Requirements for Audiology Aides
5.1 Certification
5.1.1 Certification of the Audiology Aide must
be by the Council of Accreditation of Occupational Hearing
Conservationists, or its equivalent, with documentation. The
supervising Delaware-licensed audiologist must annually
register each Audiology Aide using a form approved by the
Board.
5.2 Direct Supervision
5.2.1 An Audiology Aide assists a licensed
audiologist in professional activities with direct supervision
by the audiologist. Direct supervision requires the presence
of the supervising audiologist on the premises when the aide
is performing professional activities.
5.3 Duties of the Audiology Aide
5.3.1 Duties of the Audiology Aide must be
specified by the supervising audiologist and may include the
following:
5.3.1.1 Air conduction pure tone assessment
and data recording.
5.3.1.2 Hearing screenings.
5.3.1.3 Assisting with conditioning
techniques.
5.3.1.4 Cursory otoscopy.
5.3.1.5 Basic hearing aid maintenance.
5.3.1.6 Routine instrument sterilization.
5.3.1.7 Biologic and electroacoustic
assessment of the audiometer.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 915
5.3.1.8 Clerical support.
5.3.1.9 Participation with the professional in
research projects, in service training, or similar endeavors.
5.3.1.10 Other duties as may be appropriately
determined with training from and direct supervision of the
Delaware licensed audiologist.
6.0 Requirements for Speech/Language Pathology Aides
6.1 Education
6.1.1 A Speech Pathology Aide must have a
minimum of a high school diploma or its equivalent.
6.2 Direct Supervision
6.2.1 A Speech Pathology Aide assists a
licensed Speech/Language Pathologist in professional
activities with direct supervision of the Speech Pathologist.
Direct supervision requires the presence of the supervising
Speech/Language Pathologist at all times where an aide is
assisting with testing, and/or treatment.
6.3 Duties of the Speech/Language Pathology Aide
6.3.1 Duties of the Speech Pathology Aide must
be specified by the supervising Speech/Language
Pathologist and may include the following:
6.3.1.1 Assisting with testing or treatment.
6.3.1.2 Clerical support.
6.3.1.3 Client escort.
6.3.1.4 Preparation of therapeutic materials
6.3.1.5 Equipment maintenance.
6.3.1.6 Participation with the professional in
research projects, in service training, or similar endeavors.
6.3.1.7 Other duties as may be appropriately
determined with training from and direct supervision of the
Delaware licensed Speech/Language Pathologist.
7.0 Electronic equipment
7.1 Standards
7.1.1 Calibration of electronic equipment used
to assess hearing shall be performed by a certified
professional consistent with the standards set by the
American National Standards Institute (ANSI).
7.1.2 Every licensed Audiologist and Hearing
Aid Dispenser shall annually submit proof of calibration to
the Board. Any Audiologist who does not have such
equipment may file an affidavit so stating on a form
approved by the Board.
8.0 Continuing Education For All Licensees:
Speech/Language Pathologists, Audiologists and
Hearing Aid Dispensers
8.1 Philosophy
8.1.1 Continuing education is required by the
Delaware Board of Examiners to maintain professional
licensure in the fields of Speech/Language Pathology,
Audiology and Hearing Aid Dispensing. Continuing
education requirements arise from an awareness that these
fields are in a continual state of transition due to the
introduction of new philosophies and the refinement of
already existing knowledge. Speech/Language Pathologists,
Audiologists and Hearing Aid Dispensers should continually
strive to update their clinical skills in an effort to deliver high
quality services.
8.1.2 The Delaware Board of Examiners is
keenly aware of existing educational opportunities in
Delaware and neighboring states and has established
regulations which will provide continuing education credit
as effortlessly as possible while assuring quality instruction.
Credit will be given for participation in a variety of activities
which increase knowledge and enhance professional growth.
8.1.3 These regulations recognize the financial
and time limitations of Delaware's professionals while
assuring continued appropriate services to those individuals
who require them.
8.2 Continuing Education Hours and Definitions
Criteria
8.2.1 One contact hour is abbreviated as CE and
is defined as 60 minutes of attendance/participation in an
approved continuing education activity unless otherwise
stated.(Therefore, credits and CEU's issued by various
organizations must be translated. e.g., 1.0 ASHA CEU = 10
CE's)
8.2.2 Continuing Education Time Frame: CE
requirements must be completed by April 30th of each
license renewal period. Each licensee has up to 24 months in
which to complete the minimum continuing education
requirements, that is from May 1 (of the current renewal
year) to April 30 of the next renewal year. Licenses expire
on July 31 of the odd-numbered years.
8.2.3 The required number of continuing
education contact hours vary with certification and/or
professional status as outlined below:
8.2.3.1 New License: If a license would cover
less than one year, the licensee is not required, but is
encouraged, to accrue continuing education hours. If a
license would cover more than one year, but less than 2
years, the licensee is required to obtain 10 CE's or one-half
of the required total hours.
8.2.3.2 Single License: Individuals retaining
a license in one area of specialty must obtain a minimum
total of 20 CE's for each two-year license period.
8.2.3.3 Dual License: Individuals retaining
licenses in two areas of specialty must obtain a minimum
total of 20 CE's for each two year license period, with 10
CE's obtained in each area of licensure. One course may be
split between areas of licensure to fulfill multiple continuing
education requirements. Content must be shown to be
relevant to those areas.
8.2.3.4 Triple License: Individuals retaining
licenses in three areas of specialty must obtain a minimum of
30 CE's for each two-year license period, with 10 CE's
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
916 PROPOSED REGULATIONS
obtained in each area of licensure. One course may be split
between areas of licensing to fulfill multiple continuing
education requirements. Content must be shown to be
relevant to those areas.
8.2.3.5 Temporary License: All continuing
education requirements will be waived for temporary
licensees; however, individuals are encouraged to participate
in continuing education activities during their CFY period.
8.2.3.6 Extenuating Circumstances: The
Board may consider a waiver of CE requirements or
acceptance of partial fulfillment based on the Board's review
of a written request with supporting documentation.
Extenuating circumstances may include, but are not limited
to, disability, illness, extended absence from the jurisdiction,
and exceptional family responsibilities.
8.2.4 Continuing education courses shall focus
on the enhancement of clinical skills and professional
growth as defined below.
8.2.4.1 Clinical Skills: conferences,
workshops, courses, etc., that expand a licensee's scope of
practice by enhancing skills in the areas of prevention,
assessment, diagnosis and treatment of the client (minimum
of 14 CE's for licensure period)
8.2.4.2 Professional Growth: conferences,
workshops, courses, etc., that may not directly impact on
clinical services to the population being served, but are of
interest to the licensee and will allow the licensee the
opportunity to stay abreast of current trends in the profession
or related fields of interest(maximum of 6 CE's for licensure
period)
8.2.5 Verification is required and allows the
licensee to show the relevance of continuing education to
professional practice. Excluded are any job related duties in
the workplace such as staff meetings, in-service training,
CPR, etc.
8.2.6 A licensee or sponsor who wishes to be
sure that an activity will be approved by the Board may
request advance approval from the Board by submitting a
completed Board Approval form.
8.2.7 The Board will monitor compliance using
an audit system. Licensees will be selected for audit and
notified by mail in May of each renewal year. A licensee
who is audited shall submit the Continuing Education
Record. Licensees who are not audited shall retain their
documentation as provided in Rule 8.4.1.2.
8.3 Suggested Activities for Obtaining CE's Continuing
Education
8.3.1 Continuing education courses shall focus
on professional growth and the enhancement of clinical
skills. and be recorded on the appropriate Board form(s).
Verification is required and allows the licensee to show the
relevance of continuing education to professional practice.
8.3.2 All continuing education activities
approved and sponsored by the American Speech, Language
and Hearing Association or other accredited related
professional associations, including study of professional
journals which grant ASHA CEU's. Verification is
required--photocopy acceptable.
8.3.1 Continuing education activities sponsored
by accredited related professional organizations, provided
the topics are relevant to the improvement of the licensee's
clinical skills or professional growth as defined in Rule
8.2.4. Verification of completion is required. Agenda of
sessions attended and time spent is required for convention
activities.
8.3.2 A licensee may receive up to 3 CE's for
training obtained from a\colleague who, after attending a
professional conference, gives a formal presentation of the
information from the conference after developing an agenda
and outline.
8.3.3 All scientific and clinical sessions and
short courses of the American Speech, Language and
Hearing Association National Conventions or other
accredited related professional associations. Verification
required--photocopy of short course completion acceptable.
Agenda of sessions attended and time spent is required for
convention activities.
8.3.4 All Delaware Speech, Language and
Hearing Association (DSHA) sponsored activities,
including professional meetings. Verification of completion
required.
8.3.5 Delaware Department of Education course
offerings in areas related to the professions (1/5 Delaware
Department of Education (DDE) credit = 3 hours= 3 CE's)
Verification required.
8.3.6 Professional study group and journal
group meetings recognized and monitored by the Delaware
Speech, Language and Hearing Association. Verification
required including summary/agenda and time spent.
8.3.7 8.3.3 Professional University/College
coursework for academic credit in the field of Speech/
Language Pathology, Audiology or Hearing Aid Dispensing.
Verification of credits earned upon course completion along
with a course description should be submitted to the Board
for approval. The course description may be submitted for
prior approval of the course. (1 undergraduate credit =
minimum of 3 CE's ; 1 graduate credit = minimum of 5
CE's)
8.3.8 8.3.4 Professional presentations. by
licensee on professional required topics. Verification,
including summary, time spent and verification from
sponsor. Credit is given for each presentation only once
during a licensure period. (1 hour of presentation = 3 CE's)
8.3.9 8.3.5 Professional publication in by licensee
within ASHA or related specialty journals. Verification
required. Reprint of publication.
8.3.10 8.3.6 Other continuing education with
documentation of content and hours attended. A licensee
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 917
who wishes to be sure that an activity will be approved by
the Board may request advance approval from the Board
(See Rule 4.1.3)
8.4 Continuing Education Checklist of Responsibilities
8.4.1 All licensees shall:
8.4.1.1 obtain a Continuing Education Record
form Complete the required continuing education by April
30 of each renewal year.
8.4.1.2 Document completed continuing
education activities on the Continuing Education Record
form and retain in your records for three years following
renewal. document completed continuing education
activities on Continuing Education Record
8.4.1.3 If audited, provide documentation of
having attended approved continuing education activities as
outlined under Rule 8.2.3 to the Board. If an activity was
completed but is not approved by the Board, the licensee
shall replace the CE with an approved activity before July 31
of the renewal year. obtain a Board Approval form and
submit before the Board meeting preceding the start of a
proposed activity if a licensee seeks advance approval and
determination of CE's.
8.4.1.4 obtain a Board Approval form and
submit after completion of the CE activity for approval and
determination of CE's.
8.4.1.5 mail Continuing Education Record to
the Division of Professional Regulation by May 1 of the
renewal year
8.4.1.6 retain photocopy of Continuing
Education Record for personal records.
9.0 Code of Ethics for Speech-Language Pathologists,
Audiologists, and Hearing Aid Dispensers
9.1 PREAMBLE. The preservation of the highest
standards of conduct and integrity is vital to achieving the
statutory declaration of objectives in 24 Del.C. §3701.
Adopting a code of ethics by regulation puts licensees on
notice of the kinds of activity that violate the level of care
and protection to which the clients are entitled. The
provisions are not intended to be all-inclusive but rather they
should serve as examples of obligations that must be
satisfied to maintain minimum standards.
9.2 Standards of Professional Conduct
9.2.1 A licensee who violates the following
Standards of Professional Conduct may be guilty of illegal,
negligent, or incompetent practice and disciplined pursuant
to 24 Del.C. §3715(a)(2).
9.2.1.1 Licensees shall provide all services
competently. Competent service refers to the use of
reasonable care and diligence ordinarily employed by
similarly licensed individuals.
9.2.1.2 Licensees shall use every resource,
including referral, to provide quality service.
9.2.1.3 Licensees shall maintain reasonable
documentation of professional services rendered.
9.2.1.4 Licensees shall not evaluate or treat a
client with speech, language, or hearing disorders solely by
correspondence. Correspondence includes
telecommunication.
9.2.1.5 Licensees shall delegate responsibility
only to qualified individuals as permitted by law with
appropriate supervision.
9.2.1.6 Licensees who have evidence that a
practitioner has violated the Code of Ethics or other law or
regulation shall present that information by complaint to the
Division of Professional Regulation for investigation.
9.3 Standards of Professional Integrity.
9.3.1 A licensee who violates the following
Standards of Professional Integrity may be guilty of
consumer fraud, deception, restraint of competition, or pricefixing
and disciplined pursuant to 24 Del.C. §3715(a)(6).
9.3.1.1 Licensees shall not charge for services
not rendered nor misrepresent the services or products
dispensed.
9.3.1.2 Licensees shall inform clients of the
nature and possible effects of services. Care must be taken
to speak to a client in lay terms that he or she can understand.
9.3.1.3 Licensees may use clients in research
or as subjects of teaching demonstrations only with their
informed consent. An informed consent must be explained
and written in lay terms.
9.3.1.4 Licensees shall inform clients in any
matter where there is or may be a conflict of interest.
Conflicts of interest may be found when a client is steered to
a particular provider by one with an expectation of financial
gain (kickbacks) or a provider is involved in double dipping
by providing services in a private practice that he or she is
obligated to provide though public employment (doubledipping).
9.3.1.5 Licensees shall make no guarantees of
the results of any product or procedure but may make a
reasonable statement of prognosis.
9.3.1.6 Licensees shall provide services or
dispense products only when benefits can reasonably be
expected.
9.3.1.7 Licensees shall not engage in
misrepresentation, dishonesty, fraud, or deceit.
Misrepresentation includes statements likely to mislead or an
omission of material information.
9.3.1.8 Licensees who advertise shall provide
information in a truthful manner that is direct and not likely
to mislead the public.
9.3.2 A licensee who violates the following
Standards of Professional Integrity may be guilty of
misrepresentation, impersonation, or facilitating unlawful
practice and disciplined pursuant to 24 Del.C. §3715(a)(1).
9.3.2.1 Licensees shall accurately represent
any credentials, education, and experience to the public.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
918 PROPOSED REGULATIONS
9.3.2.2 A licensee who has evidence that an
individual is practicing the profession without a license in
violation of 24 Del.C. §3707 has a duty to report that
information to the Division of Professional Regulation.
9.4 Miscellaneous Professional Standards
9.4.1 A licensee who violates the following
Professional Standards may be subject to disciplinary action
under 24 Del.C. §3715(a)(7)
9.4.1.1 Licensees shall respect the privacy of
clients and not reveal,written authorization, any professional
or personal information unless required by law.
9.4.1.2 Licensees shall not discriminate on
the basis of race, sex, age, religion, national origin, sexual
orientation, or disability.
9.4.1.3 Licensees shall offer services and
products on their merits and should refrain from making
disparaging comments about competing practitioners or their
services and products.
10.0 Voluntary Treatment Option for Chemically
Dependent or Impaired Professionals
10.1 If the report is received by the chairperson of
the regulatory Board, that chairperson shall immediately
notify the Director of Professional Regulation or his/her
designate of the report. If the Director of Professional
Regulation receives the report, he/she shall immediately
notify the chairperson of the regulatory Board, or that
chairperson's designate or designates.
10.2 The chairperson of the regulatory Board or that
chairperson's designate or designates shall, within 7 days of
receipt of the report, contact the individual in question and
inform him/her in writing of the report, provide the
individual written information describing the Voluntary
Treatment Option, and give him/her the opportunity to enter
the Voluntary Treatment Option.
10.3 In order for the individual to participate in the
Voluntary Treatment Option, he/she shall agree to submit to
a voluntary drug and alcohol screening and evaluation at a
specified laboratory or health care facility. This initial
evaluation and screen shall take place within 30 days
following notification to the professional by the participating
Board chairperson or that chairperson's designate(s).
10.4 A regulated professional with chemical
dependency or impairment due to addiction to drugs or
alcohol may enter into the Voluntary Treatment Option and
continue to practice, subject to any limitations on practice
the participating Board chairperson or that chairperson's
designate or designates or the Director of the Division of
Professional Regulation or his/her designate may, in
consultation with the treating professional, deem necessary,
only if such action will not endanger the public health,
welfare or safety, and the regulated professional enters into
an agreement with the Director of Professional Regulation or
his/her designate and the chairperson of the participating
Board or that chairperson's designate for a treatment plan
and progresses satisfactorily in such treatment program and
complies with all terms of that agreement. Treatment
programs may be operated by professional Committees and
Associations or other similar professional groups with the
approval of the Director of Professional Regulation and the
chairperson of the participating Board.
10.5 Failure to cooperate fully with the participating
Board chairperson or that chairperson's designate or
designates or the Director of the Division of Professional
Regulation or his/her designate in regard to the Voluntary
Treatment Option or to comply with their requests for
evaluations and screens may disqualify the regulated
professional from the provisions of the Voluntary Treatment
Option, and the participating Board chairperson or that
chairperson's designate or designates shall cause to be
activated an immediate investigation and institution of
disciplinary proceedings, if appropriate, as outlined in
subsection (h) of this section.
10.6 The Voluntary Treatment Option may require a
regulated professional to enter into an agreement which
includes, but is not limited to, the following provisions:
10.6.1 Entry of the regulated professional into a
treatment program approved by the participating Board.
Board approval shall not require that the regulated
professional be identified to the Board. Treatment and
evaluation functions must be performed by separate agencies
to assure an unbiased assessment of the regulated
professional's progress.
10.6.2 Consent to the treating professional of the
approved treatment program to report on the progress of the
regulated professional to the chairperson of the participating
Board or to that chairperson's designate or designates or to
the Director of the Division of Professional Regulation or
his/her designate at such intervals as required by the
chairperson of the participating Board or that chairperson's
designate or designates or the Director of the Division of
Professional Regulation or his/her designate, and such
person making such report will not be liable when such
reports are made in good faith and without malice.
10.6.3 Consent of the regulated professional, in
accordance with applicable law, to the release of any
treatment information from anyone within the approved
treatment program.
10.6.4 Agreement by the regulated professional
to be personally responsible for all costs and charges
associated with the Voluntary Treatment Option and
treatment program(s). In addition, the Division of
Professional Regulation may assess a fee to be paid by the
regulated professional to cover administrative costs
associated with the Voluntary Treatment Option. The
amount of the fee imposed under this subparagraph shall
approximate and reasonably reflect the costs necessary to
defray the expenses of the participating Board, as well as the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 919
proportional expenses incurred by the Division of
Professional Regulation in its services on behalf of the Board
in addition to the administrative costs associated with the
Voluntary Treatment Option.
10.6.5 Agreement by the regulated professional
that failure to satisfactorily progress in such treatment
program shall be reported to the participating Board's
chairperson or his/her designate or designates or to the
Director of the Division of Professional Regulation or his/
her designate by the treating professional who shall be
immune from any liability for such reporting made in good
faith and without malice.
10.6.6 Compliance by the regulated professional
with any terms or restrictions placed on professional practice
as outlined in the agreement under the Voluntary Treatment
Option.
10.7 The regulated professional's records of
participation in the Voluntary Treatment Option will not
reflect disciplinary action and shall not be considered public
records open to public inspection. However, the participating
Board may consider such records in setting a disciplinary
sanction in any future matter in which the regulated
professional's chemical dependency or impairment is an
issue.
10.8 The participating Board's chairperson, his/her
designate or designates or the Director of the Division of
Professional Regulation or his/her designate may, in
consultation with the treating professional at any time during
the Voluntary Treatment Option, restrict the practice of a
chemically dependent or impaired professional if such action
is deemed necessary to protect the public health, welfare or
safety.
10.9 If practice is restricted, the regulated
professional may apply for unrestricted licensure upon
completion of the program.
10.10 Failure to enter into such agreement or to
comply with the terms and make satisfactory progress in the
treatment program shall disqualify the regulated professional
from the provisions of the Voluntary Treatment Option, and
the participating Board shall be notified and cause to be
activated an immediate investigation and disciplinary
proceedings as appropriate.
10.11 Any person who reports pursuant to this
section in good faith and without malice shall be immune
from any civil, criminal or disciplinary liability arising from
such reports, and shall have his/her confidentiality protected
if the matter is handled in a nondisciplinary matter.
10.12 Any regulated professional who complies with
all of the terms and completes the Voluntary Treatment
Option shall have his/her confidentiality protected unless
otherwise specified in a participating Board's rules and
regulations. In such an instance, the written agreement with
the regulated professional shall include the potential for
disclosure and specify those to whom such information may
be disclosed.
DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
Statutory Authority: 3 Delaware Code,
Section 10027 (3 Del.C. §10027)
PLEASE TAKE NOTICE, that pursuant to 3 Del. C.
§10005 and 29 Del. C. §10115, the Department proposes to
enact a new Rule 8.8. The proposed rule would provide as
follows:
1 permit Amicar as a race day medication and to
establish the procedure for the administration of Amicar and
to establish the procedure for a horse to be in the Amicar
program and to be removed from the Amicar program.
The Commission will accept written comments from
February 1, 2003 through March 3, 2003. The Commission
will hold a public hearing on the proposed rule amendment
on March 4, 2003 at 10:00 a.m. at Dover Downs, 1131 N.
DuPont Highway, Dover, DE 19901. Written comments
should be submitted to John Wayne, Administrator of
Racing, Delaware Harness Racing Commission, 2320 S.
DuPont Highway, Dover, DE 19901.
The proposed Rule 8.8 is as follows:
8.8 Aminocarproic Acid (Amicar)
8.8.1 General
Aminocarproic Acid (Amicar) is a permitted
race day medication. Amicar may only be administered in a
Commission's designated area by the Commission's Lasix
Veterinarian. All horses are eligible for Amicar. To become
eligible, the trainer must file a written request with the
Judge's office prior to entry of the horse in a race.
8.8.2 Treatment Time
Treatment time shall be within 120 minutes of
post time up to a minimum of 75 minutes prior to post time.
8.8.3 Dosage
As a guideline, dosage shall be not less than 10
cc and not greater than 30 cc.
8.8.4 Declaration of Amicar/Amicar Program
Amicar must be declared at time of entry. A
horse shall remain on the Amicar Program for a minimum
period of 60 (sixty) days unless there is a medical reason to
be removed at the discretion of the Commission or Lasix
Veterinarian. That recommendation would be made to the
Judges for their consideration. Following the 60 (sixty) days
participation in the Amicar Program, the trainer may request
that the horse be removed from the program. Such request
must be in written form and shall be filed with the Judge's
office for consideration. The written request shall be prior to
entry in a race to ensure proper notification to the public.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
920 PROPOSED REGULATIONS
8.8.5 Listing of Amicar Program Horses
A list of horses on the Amicar Program will be
maintained by the Judge's office.
8.8.6 Racing Program Designation
A horse enrolled in the Amicar Program will be
noted as an "A" in the racing program next to the "L"
designated for Lasix.
DEPARTMENT OF EDUCATION
14 DE Admin. Code 410
Statutory Authority: 14 Delaware Code,
Section 122(d) (14 Del.C. §122(d))
410 Satellite School Agreements
A. Type of Regulatory Action Required
Amendment to Existing Regulation
B. Synopsis of Subject Matter of the Regulation
The Secretary seeks to amend regulation 410 Satellite
School Agreements by adding the definition of a Satellite
School from the statute as 1.0, adding clarity to section 1.0
(2.0 as amended) and eliminating the word etc. from 3.0 (4.0
as amended) and replacing it with the words "and other
considerations relevant to the health and safety of students".
C. Impact Criteria
1. Will the re-adopted regulation help improve student
achievement as measured against state achievement
standards? The re-adopted regulation addresses the
establishment of satellite schools not achievement standards.
2. Will the re-adopted regulation help ensure that all
students receive an equitable education? The re-adopted
regulation addresses the establishment of satellite schools
not equal education issues.
3. Will the re-adopted regulation help to ensure that
all students' health and safety are adequately protected? The
re-adopted regulation addresses health and safety issues as
part of the establishment of satellite schools.
4. Will the re-adopted regulation help to ensure that
all students' legal rights are respected? The re-adopted
regulation addresses the establishment of satellite schools
not students' legal rights.
5. Will the re-adopted regulation preserve the
necessary authority and flexibility of decision making at the
local board and school level? The re-adopted regulation will
preserve the necessary authority and flexibility of decision
making at the local board and school level.
6. Will the re-adopted regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
re-adopted regulation will not place any unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels.
7. Will the decision making authority and
accountability for addressing the subject to be regulated be
placed in the same entity? The decision making authority
and accountability for addressing the subject to be regulated
will remain in the same entity.
8. Will the re-adopted regulation be consistent with
and not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The re-adopted regulation will be consistent with
and not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the re-adopted regulation? The statue
requires that there be a regulation concerning the
establishment of satellite schools.
10. What is the cost to the state and to the local school
boards of compliance with the re-adopted regulation? There
is no additional cost to the state and to the local school
boards for compliance with the re-adopted regulation.
410 Satellite School Agreements
1.0 Satellite school facilities shall be subject to the same
health and safety codes required of other public school
facilities. Plans and specifications of proposed satellite
school facilities shall be submitted for review and approval,
as appropriate, to the following agencies by the local district
or charter school board: Fire Marshal of Appropriate
Jurisdiction, Architectural Accessibility Board, Division of
Public Health for food preparation and serving area and
swimming pools, Department of Natural Resources &
Environmental Control for wastewater and erosion control,
local building officials to provide a Certificate of Occupancy
or Approval, State Risk Manager and the Department of
Education
1.1 Fire Marshal of Appropriate Jurisdiction
1.2 Architectural Accessibility Board
1.3 Division of Public Health for food preparation and
serving area and swimming pools
1.4 Department of Natural Resources & Environmental
Control, wastewater and erosion control
1.5 Local Building Officials to provide Certificate of
Occupancy or Approval.
1.6 State Risk Manager
1.7 Department of Education
Definition: As per 14 Del.C.§ 2005 a satellite school is
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 921
defined as a public school that operates in physical facilities
leased from, donated by or located on property that is owned
or leased by a private sector or governmental employer
which is not the school district or charter school operating
the satellite school.
2.0 Satellite school facilities shall be subject to the same
health and safety codes required of other public school
facilities. Plans and specifications of proposed satellite
school facilities shall be submitted for review and approval,
as appropriate, to the following agencies by the local district
or charter school board: Fire Marshal of appropriate
jurisdiction, Architectural Accessibility Board, Division of
Public Health for food preparation and serving area and
swimming pools, Department of Natural Resources &
Environmental Control for wastewater and erosion control,
local building officials to provide a Certificate of Occupancy
or Approval, State Risk Manager and the Department of
Education.
2.0 3.0 Documentary evidence of review and approval by
the authorities listed as 1.1 through 1.7 shall be provided to
the Department of Education.
3.0 4.0 Upon receipt of the aforementioned documentary
evidence, the Department of Education shall cause a review
of the plans or inspection of the proposed facilities to be
conducted by appropriate Department staff to determine the
adequacy of the facilities for the intended educational
purpose considering such items as size, adequacy of sanitary
facilities, adequacy of lighting and ventilation, etc. and other
considerations relevant to the health and safety of students.
4.0 5.0 Certificates of Occupancy or Occupancy Permits
shall be obtained from the appropriate jurisdictional
authorities prior to occupancy of the facilities by the satellite
school. A copy of such certificate or permit shall be
provided to the Department of Education. The satellite
school facilities shall be subject to the same periodic
inspections for health and safety as other public schools.
5.0 6.0 The reorganized school district or charter school
shall confer with the State Risk Manager regarding any
liabilities that they and their employees may be subject to
and shall provide appropriate protection and coverage for
same.
Educational Impact Analysis Pursuant To 14 Del. C.
Section 122 (D)
729 School Custodians
A. Type of Regulatory Action Required
Amendment to Existing Regulation
B. Synopsis of Subject Matter of the Regulation
The Secretary seeks to amend regulation 729 School
Custodians in order to change section 2.4 to permit
employment of the full custodial staff two months before
pupil occupancy of a new building rather than one month
and to eliminate the class hour certificate for the Building
and Grounds Supervisor since it is not listed in the statute.
Other changes simply clarify procedures involved in the
allocation of school custodial positions.
C. Impact Criteria
1. Will the amended regulation help improve student
achievement as measured against state achievement
standards? The amended regulation addresses the
experience, allocation and classification of school custodial
positions not achievement standards.
2. Will the amended regulation help ensure that all
students receive an equitable education? The amended
regulation addresses the experience, allocation and
classification of school custodial positions not equal
education issues.
3. Will the amended regulation help to ensure that all
students' health and safety are adequately protected? The
amended regulation addresses health and safety issues
through experience, allocation and classification of school
custodial positions.
4. Will the amended regulation help to ensure that all
students' legal rights are respected? The amended regulation
addresses the experience, allocation and classification of
school custodial positions not students' legal rights.
5. Will the amended regulation preserve the necessary
authority and flexibility of decision making at the local
board and school level? The amended regulation will
preserve the necessary authority and flexibility of decision
making at the local board and school level.
6. Will the amended regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
amended regulation will not place any unnecessary reporting
or administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will the decision making authority and
accountability for addressing the subject to be regulated be
placed in the same entity? The decision making authority
and accountability for addressing the subject to be regulated
will remain in the same entity.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
922 PROPOSED REGULATIONS
8. Will the amended regulation be consistent with and
not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The amended regulation will be consistent with and
not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the amended regulation? The regulation is
important to add clarity to the statute concerning school
custodial positions.
10. What is the cost to the state and to the local school
boards of compliance with the amended regulation? There is
no additional cost to the state and to the local school boards
for compliance with the amended regulation.
729 School Custodians
1.0 Experience:
Custodians may be allowed one (1) year's experience for
each creditable year of experience in similar employment as
determined by the district.
2.0 Allocation of Custodial Units
2.1 The custodial units allocated to a district may be
assigned to various locations at the discretion of the local
school board and the chief school officer.
2.2 Districts are allocated one (1) full-time custodial
employee for each twelve (12) custodial units or for a major
fraction thereof. The number of units in each school is
determined in the following way:
2.2.1 One (1) unit for each classroom or its
equivalent. What is counted as "equivalent" shall be
determined by the Department of Education. One (1) unit
for each classroom. Other space that can qualify as part of a
classroom unit shall be determined through criteria
established by the Department of Education.
2.2.2 One (1) unit for a small auditorium (less
than 150 students).
2.2.3 Two (2) units for a large auditorium (more
than 150 students).
2.2.4 One (1) unit for a cafeteria having a
seating capacity up to 150. One (1) unit for each 150
capacity or major fraction thereof.
2.2.5 One (1) unit for a gymnasium.
2.2.6 One (1) unit for a combined auditorium
and gymnasium (less than 150 students).
2.2.7 Two (2) units for a combined auditorium
and gymnasium (more than 150 students).
2.2.8 One (1) unit for two locker rooms.
2.2.9 Seven (7) units for a swimming pool.
2.2.10 Units for a central heating plant are
determined from the following table:
No. of Classrooms or equivalent No. of Units
1 - 6 3/4
10 - 15 1
16 - 20 1 1/2
21 - 25 2
26 - 30 2 1/2
31 - 35 3
36 - 40 3 1/2
41 - 45 4
46 - 50 4 1/2
51 - 55 5
56 - 60 5 1/2
61 or more
2.2.11 One-half (1/2) unit for each developed acre
of the school plant site, not to exceed 48 acres or 24 units on
a given site. If two schools are located on the same site of
100 acres or more, the second school shall receive credit for
half of the acres for that site.
2.3 Part-time custodians equivalent to one or more fulltime
custodians may be employed with the provision that
proper records will be maintained for review.
2.4 A full custodial staff for a new school building may
be employed one (1) month two (2) months prior to the pupil
occupancy of the building.
2.5 The termination date for custodial units in buildings
closed shall be six (6) weeks from the last day classes are
held in the building.
2.6 Buildings which are closed and retained under the
control of the school district shall lose all custodial units
except units provided for site maintenance and heating.
2.7 When the school district signs a lease or in any way
loses direct control of the building, such as transfer or sale
legislation through transfer, sale or legislation, the custodial
units for site maintenance and heating shall terminate on the
effective date of the lease or legislation lease, transfer, sale
or legislation .
2.8 When the function of a building is changed it shall
be reevaluated for custodial units. It is the school district's
responsibility to notify the Department of Education when
the function of a building is changed. When the notification
is received, a re-evaluation of the custodial units will be
completed by the Department of Education. The
Department will notify the district by letter of the results of
the re-evaluation.
2.9 All custodial allocations shall be determined and
approved by the Department of Education. The Department
of Education shall calculate and approve all custodial unit
allocation requests submitted by the local school districts.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 923
3.0 Classification
3.1 Custodian-Fireman
3.1.1 When there is only one (1) custodian in a
district, the custodian may be classified as a custodianfireman.
3.1.2 There shall be only one custodian-fireman
employed in each building.
3.2 Chief Custodian
3.2.1 A chief custodian may be classified chief
custodian when at least two other full-time custodians or the
equivalent are employed in the school building or district. A
custodian may be classified as a Chief Custodian when at
least two other full-time custodians or the equivalent are
employed in the school building or other district facility.
There shall only be one Chief Custodian per building.
3.2.2 There can be only one (1) chief custodian
in a building, but there can be as many chief custodians in a
district as there are buildings in the district with three or
more custodians.
3.3 Maintenance Mechanic: Each school district may
classify up to ten (10) percent of the total number of
custodial personnel as maintenance mechanics.
Qualifications shall be as defined by the employing board.
3.4 Skilled Craftsperson
3.4.1 Each district may classify an incumbent in
one or more of its Maintenance Mechanic positions as a
Skilled Craftsperson for purposes of this section if the
incumbent:
3.4.1.1 has received a certificate as a union
journeyman or equivalent in any of the following fields:
Boiler Maker, Carpenter, Electrician, HVAC Mechanic, Mill
Wright, Heavy Machinery Operator, Pipe Fitter, Plumber,
Roofer, or Sheet Metal Worker; or
3.4.1.2 possesses a current state license in any
of the fields listed in paragraph 3.4.1.1 above; or
3.4.1.3 is an Automobile Mechanic who
possesses two or more National Institute for Automotive
Service Excellence (ASE) Certifications in the Automotive,
Truck or School Bus categories; or
3.4.1.4 is a Boiler Maker who possesses
either an AWS or ASME Welding Certification; or
3.4.1.5 is a Computer Technician who
possesses an A Plus Certification from CompTIA
(Computing Technology Industry Association); or
3.4.1.6 is an HVAC Mechanic who possesses
two or more certifications from manufacturers of digital
control systems in use by the district, or possesses a
certification from a manufacturer of centrifugal chillers used
within the district; or
3.4.1.7 possesses two or more Hazardous
Material Certifications from the State of Delaware, OSHA,
or the United States Environmental Protection Agency; or
3.4.1.8 is a Pipe Fitter who possesses an
AWS or ASME Welding Certification; or
3.4.1.9 is a Roofer who possesses Training
Certifications from two or more manufacturers of Roofing
Systems in use by the District; or
3.4.1.10 is a Burner Mechanic who possesses a
certification from a manufacturer of oil or gas burners used
within the District.
3.5 Building and Grounds Supervisor: Each district
with ninety-five (95) or more custodial units may employ a
school buildings and grounds supervisor according to the
salary schedule in 14 Del.C.§1311. This position is included
in the total number of custodial personnel allowed. Section
1311(c)).
4.0 Certificates Granted by the Department of
Education for Additional Hours of Special Training
4.1 The following hourly requirements shall be met in
order to receive the Custodial Certificates listed below for
the Department of Education to grant the custodial
certificates listed in 4.1.1 through 4.1.3. The certificate
guarantees additional pay as specified in the Del.C. 14
Del.C. §1311 but only the local school district can change a
custodian's classification.
4.1.1 120 class hours minimum Building and
Grounds Supervisor (issued only to those who hold this
position). Chief Custodian Certificate (120 class hours)
4.1.2 120 class hours Chief Custodian
Certificate. Fireman and Custodian Certificate (90 class
hours)
4.1.3 90 class hours Fireman Custodian
Certificate. Custodian Certificate (60 class hours)
4.1.4 60 class hours General Custodian
Certificate.
Educational Impact Analysis Pursuant To 14 Del. C.
Section 122 (D)
1102 Standards for School Bus Chassis and Bodies
For Buses Placed in Production on or
after March 1, 2002
(Terminology and School BusTypes are Those Described
in the National School Transportation Specifications and
Procedures (NSTSP), May 2000)
A. Type Of Regulatory Action Required
Amendment to Existing Regulation
B. Synopsis Of Subject Matter Of The Regulation
The Secretary of Education seeks the consent of the
State Board of Education to amend regulation 1102
Standards for School Bus Chassis and Bodies For Buses
Placed in Production on or after March 1, 2002
(Terminology and school bus types are those described in the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
924 PROPOSED REGULATIONS
National School Transportation Specifications and
Procedures (NSTSP), May 2000) in order to reflect the
additional requirements for school buses build on or after
March 1, 2003 including changing the full title to reflect the
additional standards for 2003.
C. Impact Criteria
1. Will the amended regulation help improve student
achievement as measured against state achievement
standards? The amended regulation addresses standards for
school bus chassis and bodies not student achievement.
2. Will the amended regulation help ensure that all
students receive an equitable education? The amended
regulation addresses standards for school bus chassis and
bodies not equity issues.
3. Will the amended regulation help to ensure that all
students' health and safety are adequately protected? The
amended regulation addresses the health and safety of
students through the standards for school buses.
4. Will the amended regulation help to ensure that all
students' legal rights are respected? The amended regulation
addresses standards for school bus chassis and bodies not
students' legal rights.
5. Will the amended regulation preserve the necessary
authority and flexibility of decision making at the local
board and school level? The amended regulation will
preserve the necessary authority and flexibility of decision
making at the local board and school level.
6. Will the amended regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
amended regulation will not place unnecessary reporting or
administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will the decision making authority and
accountability for addressing the subject to be regulated be
placed in the same entity? The decision making authority
and accountability for addressing the subject to be regulated
will remain in the same entity.
8. Will the amended regulation be consistent with and
not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The amended regulation will be consistent with and
not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the amended regulation? The statue requires
the department of Education to make regulations concerning
standards for school bus chassis and bodies.
10. What is the cost to the State and to the local school
boards of compliance with the regulation? There is no
additional cost to the local school districts for compliance
with this regulation. The cost will be covered by the State.
1102 Standards for School Bus Chassis and Bodies For
Buses Placed in Production on or after March 1, 2002
With Specified Changes For Buses Placed in Production
on or after March 1, 2003
(Terminology and School BusTypes are Those Described
in the National School Transportation Specifications and
Procedures National School Transportation Specifications
and Procedures (NSTSP), May 2000)
The following six (6) sections of the regulation in
addition to the title have been amended. Other than the title
the amendments are additions to the existing regulation.
They include the following, 1.2.1, 1.26.3.1, 2.25.5, 2.34.6,
2.28.3.1 and 2.49.1.1. As the remainder of the regulation
was not affected it is not being reproduced here. The
existing regulation may be viewed at:
http://www.state.de.us/research/AdminCode/Education/
Frame.htm
1.2.1 For bus chassis and bodies produced after March 1,
2003, all buses with a capacity of 66 passengers or greater
shall have a 9,000 pound front axle minimum.
1.26.3.1 For bus chassis and bodies produced after March 1,
2003, all buses with a capacity of 36 passengers or greater,
shall have an engine that produces at least 190 h.
2.25.5 For bus chassis and bodies produced after March 1,
2003, the interiors shall have mar-proof side walls.
2.28.3.1 For bus chassis and bodies produced after March 1,
2003, buses for 36 passengers or greater shall be equipped
with heated and remote control exterior rear view mirrors.
2.34.6 There shall be a rub rail (snow rail) or equivalent
bracing located horizontally at the bottom edge of the body
side skirts.
2.49.1.1 For bus chassis and bodies produced after
March 1,2003, a two-speed or variable speed windshield
wiping system shall be provided and an intermittent feature
shall be provided.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 925
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS
PROTECTION
Statutory Authority: 16 Delaware Code
Section 3006A (16 Del.C. §3006A)
PUBLIC NOTICE
The Department of Health and Social Services (DHSS),
Division of Long Term Care Residents Protection, has
drafted seven revised or new proposed regulations pertaining
to training and qualifications of nursing assistants and
certified nursing assistants. These proposed regulations
define nursing related services, specify the requirement for
Delaware certification as a CNA, detail requirements for
certification and recertification and clarify the responsibility
of nursing facilities to pay the costs of training nursing
assistants in accordance with federal regulations.
INVITATION FOR PUBLIC COMMENT
Public hearings will be held as follows:
Wednesday, March 12, 2003, 9:00 AM
Room 301, Main Building
Herman Holloway Campus
1901 North DuPont Highway
New Castle
Thursday, March 13, 2003, 10:00 AM
Department of Natural Resources &
Environmental Control Auditorium
89 Kings Highway
Dover
For clarification or directions, please call Gina
Loughery at 302-577-6661.
Written comments are invited on these proposed
regulations and should be sent to:
Elise MacEwen, RN
Division of Long Term Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
Written comments will be accepted until the conclusion
of the March 13 public hearing.
Regulations for Training and Qualifications for Nursing
Assistants and Certified Nursing Assistants
SECTION 69.100 - DEFINITIONS
69.101 Advanced Practice Nurse shall mean an
individual whose education and licensure meet the criteria
outlined in 24 Del., C. Chapter 19 and who is certified in at
least one of the following specialty areas: (1) Adult nurse
practitioner; (2) Gerontological clinical nurse specialist; (3)
Gerontological nurse practitioner; (4) Psychiatric/mental
health clinical nurse specialist; (5) Family nurse practitioner.
69.102 Assisted Living Facility Assisted living
facility is a residential arrangement for fee licensed pursuant
to 16 Del. C., Chapter 11.
69.103 Certified Nursing Assistant (CNA) a duly
certified individual under the supervision of a licensed nurse,
who provides care which does not require the judgment and
skills of a licensed nurse. The care may include, but is not
limited to, the following: bathing, dressing, grooming,
toileting, ambulating, transferring and feeding, observing
and reporting the general well-being of the person(s) to
whom they are providing care.
69.104 Department the Department of Health and
Social Services.
69.105 Division the Division of Long Term Care
Residents Protection.
69.106 Intermediate Care Facility Facility licensed
pursuant to 16 Del. C., Chapter 11 with a license designated
for intermediate care beds.
69.107 Licensed Nurse shall mean a licensed practical
nurse, registered nurse and/or advanced practice nurse
whose education and licensure meet the criteria in 24 Del.
C., Chapter 19.
69.108 Licensed Practical Nurse (LPN) a nurse who
is licensed as a practical nurse in Delaware or whose license
is recognized to practice in the State of Delaware, and who
may supervise LPN's, CNA's, NA's and other unlicensed
personnel.
69.109 Nursing Assistant (NA) an individual who has
completed the requisite training to become a Certified
Nursing Assistant but is awaiting certification.
69.110 Nursing Related Services those health related
services that include supervision of, and direct assistance to,
individuals in their activities of daily living and/or those
physical and psychosocial basic skills encompassed in the
certified nursing assistant curriculum.
69.110 1 Nursing Services Direct Caregivers
those individuals, as defined in 16 Del. C., Section 1161(e),
assigned to the direct care of nursing facility residents.
69.111 Personal Care Services those health related
services that include supervision of, and direct assistance to,
individuals in their activities of daily living.
69.112 Physician a physician licensed to practice in
the State of Delaware.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
926 PROPOSED REGULATIONS
69.113 Registered Nurse (RN) a nurse who is a
graduate of an approved school of professional nursing and
who is licensed in Delaware or whose license is recognized
to practice in the State of Delaware.
69.114 Rehabilitation the restoration or maintenance
of an ill or injured person to self-sufficiency at his or her
highest attainable level.
69.115 Resident a person admitted to a nursing
facility or similar facility licensed pursuant to 16 Del. C.,
Chapter 11.
69.116 Restraint "physical restraints" are defined as
any manual method or physical or mechanical device,
material or equipment attached or adjacent to the resident's
body that the individual cannot remove easily which restricts
freedom of movement or normal access to one's body.
"Chemical restraints" are defined as a psychopharmacologic
drug that is used for discipline or convenience and not
required to treat medical symptoms.
69.117 Senior Certified Nursing Assistant a
Certified Nursing Assistant who has met the requirements
and training specified in Section 4 of these regulations.
69.118 Skilled Care Facility Facility licensed
pursuant to 16 Del. C., Chapter 11 with a license designated
for skilled care beds.
69.119 Student a person enrolled in a course offering
certification as a CNA.
69.120 Supervision direct oversight and inspection of
the act of accomplishing a function or activity.
SECTION 69.200 GENERAL TRAINING
REQUIREMENTS AND COMPETENCY TEST
Each Nursing Assistant/Certified Nursing Assistant
employed by any nursing facility either as contract/agency or
facility staff shall be required to meet the following:
69.201 An individual shall complete a nursing
assistant training course approved by the Department on the
recommendation of the CNA Training Curriculum
Committee. The Committee shall consist of individuals with
experience in the knowledge and skills required of CNAs.
69.202 Nursing Assistants are required to pass a
competency test provided by the Department or by a
contractor approved by the Department.
69.203 Nursing Assistants shall take the competency
test within 30 days of completion of an approved program or
when the nearest testing location is available to the nursing
assistant, whichever is later. Nursing assistants who fail to
obtain a passing score may repeat the test two additional
times, but must obtain certification within 90 days of
program completion. Nursing assistants who fail to obtain a
passing score after testing three times must repeat the CNA
training program before retaking the test, or they cannot
continue to work as a nursing assistant.
69.204 A Certified Nursing Assistant must perform at
least 64 hours of nursing related services in a health care
setting during each 24-month certification period in order to
qualify for recertification. A certified nursing assistant who
does not perform at least 64 hours of nursing related services
in a certification period must complete and pass a new
training course and competency test, or competency test.
69.205 A Certified Nursing Assistant trained and
certified outside the State of Delaware shall be deemed
qualified to meet the Department's requirements based on a
current certificate from the jurisdiction where he/she
presently practices, documentation of the equivalent of one
year of full-time experience as a certified nursing assistant
and verification that he/she is in good standing on that
jurisdiction's Registry. A Certified Nursing Assistant
trained and certified outside the State of Delaware in a
program that equals or exceeds the federal nurse aide
training program requirements in the Code of Federal
Regulations § 483.152 cannot work in Delaware without a
Delaware certificate. Delaware certification is required prior
to being employed as a CNA. The Department will grant
reciprocity if the following conditions are met:
A. The CNA must have a current certificate from
the jurisdiction where he or she currently practices, except
that candidates from the State of Maryland must hold a
current Geriatric Nursing Assistant certificate.
B. The CNA must have 3 months of full-time
experience as a CNA or have completed a training and
competency evaluation program with the number of hours at
least equal to that required by the State of Delaware.
C. The CNA must be in good standing in the
jurisdiction where he/she is currently certified.
69.206 Employees hired as Nursing Assistants/
Certified Nursing Assistants who are currently enrolled in an
RN or LPN nursing program and have satisfactorily
completed a Fundamentals/Basic Nursing course with a
clinical component will be deemed to meet the training
requirements. These individuals will be approved to take the
competency test upon submission of a letter from their
school of nursing attesting to current enrollment status and
satisfactory course completion as described.
69.207 Individuals who have graduated from an RN or
LPN program within 24 months prior to application for
certification are deemed qualified to meet the Department's
nurse aide training and competency evaluation program
requirements and are eligible for certification upon
submission of a sealed copy of their diploma. Individuals
who have graduated from an RN or LPN program more than
24 months prior to application for certification are deemed
qualified to meet the Department's nurse aide training
program requirements and are eligible to take the
competency test upon submission of a sealed copy of their
diploma.
69.207 8 For the purpose of calculating minimum
staffing levels, any individual who has completed all of the
classroom training and half of the clinical training in a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 927
facility sponsored training program may be considered as a
member of such facility's staff while undergoing the last
37.5 hours of clinical training at such facility.
69.209 A nursing assistant who is employed by, or
who has received an offer of employment from, a facility on
the date on which the aide begins a nurse aide training and
competency evaluation program may not be charged for any
portion of the program including tuition, initial and any
subsequent testing and fees for textbooks or other required
course materials.
69.210 If a certified nursing assistant who is not
employed, or does not have an offer to be employed as a
nurse aide becomes employed by, or receives an offer of
employment from, a facility not later than 12 months after
completing a nurse aide training and competency evaluation
program, the facility shall reimburse all personally incurred
costs in completing the program. Such costs include tuition,
initial and any subsequent testing and fees for textbooks or
other required course materials. Such costs are payable upon
completion by the CNA of a six month period of
employment including the orientation period.
69.211 The facility shall be required to notify the
Department upon reimbursement to a CNA of personally
incurred costs of the nurse aide training and competency
evaluation program for the purpose of inclusion in the CNA
registry database. Facilities may contact the Department to
verify the reimbursement status of any CNA seeking such
reimbursement.
SECTION 69.300 - CNA TRAINING PROGRAM
REQUIREMENTS
69.301 General
To obtain approval, the curriculum content for the
Certified Nursing Assistant training programs shall meet
each of the following requirements:
A. The curriculum shall include material that will
provide a basic level of both knowledge and demonstrable
skills for each individual completing the program.
B. The program shall be a minimum of 150 hours
in length, divided equally between clinical skills training and
classroom instruction. Additional hours may be in either of
these areas or both.
C. Classroom instruction and demonstrated
proficiency in each skill shall be completed prior to students'
performing direct resident care. Programs shall maintain
documentation of required skills that each student has
successfully demonstrated to the RN instructor.
D. Classroom ratios of student to RN instructor
shall not exceed 24:1. Clinical and laboratory ratios of
student to instructor shall not exceed 8:1.
E. The RN instructor shall directly supervise
students at all times during clinical instruction. Students
shall remain in visual contact with a licensed nurse in the
clinical setting while performing any skills in which
proficiency has not been both demonstrated and
documented.
F. Programs must notify the Division in writing
(which may be faxed) when permanent and/or substantial
changes to the program or the program's
personnel are made. Examples of substantial changes
include, but are not limited to, instructor(s), clinical or
classroom site, major revision of course
structure, change in textbook.
69.302 Equipment
All programs shall have available at a
minimum the following equipment:
A. Audio/Visual (Overhead projector and/or TV
with VCR)
B. Teaching Mannequin, Adult, for catheter and
perineal care
C. Hospital Bed
D. Bedpan/Urinal
E. Bedside commode
F. Wheelchair
G. Scale
H. Overbed Table
I. Sphygmomanometer
J. Stethoscope
K. Resident Gowns
L. Thermometers, Glass and Electronic
M. Crutches
N. Canes (Variety)
O. Walker
P. Miscellaneous Supplies: i.e., Bandages,
Compresses, Heating Pad, Hearing Aid, Dentures,
Toothbrushes, Razors.
Q. Foley Catheter Drainage Bag
R. Hydraulic Lift
S. Adaptive eating utensils/equipment
69.303 Curriculum Content
The following material identifies the minimum
competencies that the curriculum content shall develop.
Nursing assistants being prepared to work in skilled,
intermediate, or assisted living facilities either as direct or
contract staff shall master each competency. All
demonstrable competencies for each student must be
documented as mastered by the RN instructor in order for a
student to qualify as successfully having completed that
section of programming.
A. THE NURSING ASSISTANT ROLE AND
FUNCTION
Introduces the characteristics of an effective
nursing assistant: personal attributes, on-the-job conduct,
appearance, grooming, health and ethical behavior. Also
presented are the responsibilities of the nursing assistant as a
member of the resident care team. Legal aspects of resident
care and resident rights are presented. Relevant Federal and
State statutes are also reviewed.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
928 PROPOSED REGULATIONS
Competencies:
(1) Function as a nursing assistant within the
standards described below:
a. Define the role and functions of the
nursing assistant and provide awareness of the legal
limitations of being a nursing assistant.
b. Recognize the responsibilities of the
nursing assistant as a member of the health care team.
Understand the relevant State and Federal regulations for
long term care and legalities of reporting and documenting
incidents and accidents.
c. Understand the role of Long Term
Care advocates, investigators and surveyors.
d. Identify the "chain of command" in
the organizational structure of the health care agency.
e. Maintain personal hygiene and exhibit
dress practices which meet professional standards.
f. Recognize the importance of
punctuality and commitment to the job.
g. Differentiate between ethical and
unethical behavior on the job.
h. Understand the role, responsibility
and functional limitations of the nursing assistant.
(2) Demonstrate behavior that maintains
resident's rights.
a. Provide privacy and maintenance of
confidentiality.
b. Promote the resident's right to make
personal choices to accommodate individual needs.
c. Give assistance in resolving
grievances.
d. Provide needed assistance in going to
and participating in resident and family groups and other
activities.
e. Maintain care and security of
resident's personal possessions as per the resident's desires.
f. Provide care which ensures that the
residents are free from abuse, mistreatment, neglect or
financial exploitation and report any instances of such poor
care to the Division of Long Term Care Residents
Protection. Discuss the psychological impact of abuse,
neglect, mistreatment, misappropriation of property of
residents and/or financial exploitation.
g. Maintain the resident's environment
and care through appropriate nursing assistant behavior so as
to keep the resident free from physical and chemical
restraints.
h. Discuss the potential negative
outcomes of physical restraints, including side rails.
B. ENVIRONMENTAL NEEDS OF THE
RESIDENT
Key Concepts: Introduces the nursing assistant
to the need to keep residents safe from injury and infection in
the long-term care setting. The nursing assistant is taught
why and how to use infection control and isolation
techniques. Safety through prevention of fires and accidents,
and emergency procedures for fire and other disasters are
presented.
Competencies:
(1) Apply the basic principles of infection
control.
a. Identify how diseases are transmitted
and understand concepts of infection prevention.
b. Demonstrate proper hand washing
technique.
c. Demonstrate appropriate aseptic
techniques in the performance of normal duties and
understand the role of basic cleaning, disinfecting, and
sterilization tasks.
d. Demonstrate proper isolation and
safety techniques in the care of the infectious resident and
proper handling and disposal of contaminated materials.
(2) Assist with basic emergency procedures.
a. Follow safety and emergency
procedures.
b. Identify safety measures that prevent
accidents to residents.
c. Recognize signs when a resident is
choking or may have an obstructed airway.
d. Assist with clearing obstructed
airway.
e. Call for help when encountering
convulsive disorders, loss of consciousness, shock,
hemorrhage, and assist the resident until professional help
arrives.
f. Follow disaster procedures.
g. Report emergencies accurately and
immediately.
h. Identify potential fire hazards.
(3) Provide a safe, clean environment.
a. Identify the resident's need for a clean
and comfortable environment. Describe types of common
accidents in the nursing home and their preventive measures.
Be aware of the impact of environmental factors on the
resident in all areas including but not limited to light and
noise levels.
b. Report unsafe conditions to
appropriate supervisor. Use the nurse call system
effectively.
c. Report evidence of pests to
appropriate supervisory personnel.
d. Report nonfunctioning equipment to
appropriate supervisory/charge personnel.
e. Prepare soiled linen for laundry.
f. Make arrangement of furniture and
equipment for the resident's convenience and to keep
environment safe.
C. PSYCHOSOCIAL NEEDS OF THE
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 929
RESIDENT
Key Concepts: Focus is placed on the diverse
social, emotional, recreational and spiritual needs of
residents in a long term care setting. The curriculum shall
describe some of the physical, mental, and emotional
changes associated with aging and institutionalization, and
present ways in which the nursing assistant may effectively
communicate with residents and their families.
Competencies:
(1) Demonstrate basic skills by identifying the
psychosocial characteristics of the populations being served
in the nursing facility including persons with mental
retardation, mental illness and persons with dementia,
Alzheimer's disease, developmental disabilities and other
related disorders.
a. Indicate the ways to meet the
resident's basic human needs for life and mental well being.
b. Modify his/her own behavior in
response to resident's behavior. Respect the resident's
beliefs recognizing cultural differences in holidays,
spirituality, clothing, foods and medical treatments.
c. Identify methods to ensure that the
resident may fulfill his/her maximum potential within the
normal aging process.
d. Provide training in, and the
opportunity for, self-care according to the resident's
capabilities.
e. Demonstrate principles of behavior
management by reinforcing appropriate behavior and
reducing or eliminating inappropriate behavior.
f. Demonstrate skills which allow the
resident to make personal choices and promote the resident's
dignity.
g. Utilize resident's family as a source of
emotional support and recognize the family's need for
emotional support.
h. Recognize how age, illness and
disability affect memory, sexuality, mood and behavior,
including wandering.
i. Describe aggressive and wandering
behavior; recognize responsibility of staff related to
wanderers and aggressive residents.
j. Discuss how appropriate activities are
beneficial to residents with cognitive impairments.
k. Recognize and utilize augmentative
communication devices and methods of nonverbal
communication.
(2) Demonstrate appropriate and effective
communication skills.
a. Demonstrate effective verbal and
nonverbal communications in keeping with the nursing
assistant's role with residents, their families and staff.
b. Observe by using the senses of sight,
hearing, touch and smell to report resident behavior to the
licensed nurse.
c. Document observations using
appropriate terms and participate in the care planning
process.
d. Recognize the importance of
maintaining the resident's record accurately and completely.
e. Communicate with residents
according to their state of development. Identify barriers to
effective communication. Recognize the importance of
listening to residents.
f. Participate in sensitivity training in
order to understand needs of residents with physical or
cognitive impairments.
D. PHYSICAL NEEDS OF THE RESIDENT
Key Concepts: Presents the basic skills which
nursing assistants use in the physical care of residents. The
nursing assistant will learn basic facts about body systems
and what is needed to promote good functioning. The
nursing assistant will learn to provide physical care to
residents safely and to keep the resident nourished, hydrated,
clean, dry and comfortable. The nursing assistant will also
learn to make observations regarding residents and to record
and/or report observations. The nursing assistant will be
introduced to the basics of range of motion and learn to
integrate range of motion into routine personal care
activities.
Competencies:
(1) Apply the principles of basic nutrition in
the preparation and serving of meals.
a. Incorporate principles of nutrition and
hydration in assisting residents at meals.
b. Understand basic physiology of
nutrition and hydration.
c. Understand basic physiology of
malnutrition and dehydration.
d. Identify risk factors for poor
nutritional status in the elderly:
i. compromised skin integrity
ii. underweight or overweight
iii. therapeutic or mechanically
altered diet
iv. poor dental status
v. drug-nutrient interactions
vi. acute/chronic disease
vii. depression or confusion
viii. decreased appetite
e. Recognize how the aging process
affects digestion.
f. Accurately calculate and document
meal intake and report inadequate intake or changes in
normal intake.
g. Accurately calculate and document
fluid intake and report inadequate intake or changes in
normal intake.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
930 PROPOSED REGULATIONS
h. Recognize and report signs and
symptoms of malnutrition and dehydration.
i. Understand concepts of therapeutic
diets including dysphagia diets and the related risks
associated with dysphagia including aspiration and
aspiration pneumonia.
j Incorporate food service principles
into meal delivery including:
i. distributing meals as quickly as
possible when they arrive from the kitchen to maintain food
temperature.
ii. assisting residents with meal
set-up if needed (i.e., opening packets or cartons, buttering
bread if desired).
iii. serving meals to all residents
seated together at the same time.
iv. offering appropriate substitutions
if the residents don't like what they have received.
k. Utilize tray card or other mechanism
to ensure the resident is served his/her prescribed diet and
identify who to notify if a resident receives the wrong diet.
l. Demonstrate understanding of how to
read menus.
m. Assist residents who are unable to
feed themselves.
n. Demonstrate techniques for feeding
someone who:
i. bites down on utensils
ii. can't or won't chew
iii. holds food in mouth
iv. pockets food in cheek
v. has poor lip closure
vi. has missing or no teeth
vii. has ill fitting dentures
viii. has a protruding tongue or tongue
thrust
ix. will not open mouth
o. Demonstrate proper positioning of
residents at mealtime.
p. Demonstrate skills for feeding
residents who:
i. are cognitively impaired
ii. have swallowing difficulty
iii. have sensory problems
iv. have physical deformities
q. Demonstrate positioning techniques
for residents who:
i. have poor sitting balance
ii. must take meals in bed
iii. fall forward when seated
iv. lean to one side
v. have poor neck control
vi. have physical deformities
r. Demonstrate use of assistive devices.
s. Identify signs and symptoms that
require alerting a nurse, including:
i. difficulty swallowing or chewing
ii. coughing when swallowing
liquids
iii. refusal of meal
iv. choking on food or fluids
v. excessive drooling
vi. vomiting while eating
vii. significant change in vital signs
t. Incorporate principles of a pleasant
dining environment when assisting residents at mealtime
including ensuring adequate lighting and eliminating
background noise.
u. Demonstrate positive interaction with
residents recognizing individual resident needs.
v. Ensure residents are dressed
appropriately.
w. Allow residents to eat at their own
pace.
x. Encourage independence and assist as
needed.
y. Recognize and report as appropriate
the risk factors and signs and symptoms of malnutrition,
dehydration and fluid overload.
z. . Accurately calculate and document
intake and output including meal percentages and fluids.
(2) Demonstrate understanding of basic
anatomy and physiology in the following areas:
a. Respiratory system
b. Circulatory system
c. Digestive system
d. Urinary system
e. Musculoskeletal system
f. Endocrine system
g. Nervous system
h. Integumentary system
i. Sensory system
j. Reproductive system
(3) Recognize abnormal signs and symptoms
of common illness and conditions. Examples are:
a. Respiratory infection - Report
coughing, sneezing, elevated temperatures.
b. Diabetes - Report excessive thirst,
frequent urination, change in urine output, drowsiness,
excessive perspiration and headache. Understand the
healing process as it relates to diabetes.
c. Urinary tract infection - Report
frequent urination, burning or pain on urination, elevated
temperature, change in amount and color of urine, blood or
sediment in urine and strong odors.
d. Cardiovascular conditions - Report
shortness of breath, chest pain, blue color to lips, indigestion,
sweating, change in pulse, edema of the feet or legs.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 931
e. Cerebral vascular conditions - Report
dizziness, changes in vision such as seeing double, change
in blood pressure, numbness in any part of the body, or
inability to move arm or leg.
f. Skin conditions - Report break in
skin, discoloration such as redness, black and blue areas,
rash, itching.
g. Gastrointestinal conditions - Report
nausea, vomiting, pain, inability to swallow, bowel
movement changes such as color, diarrhea, and constipation.
h. Infectious diseases.
(4) Provide personal care and basic nursing
skills as directed by the licensed nurse in the appropriate
licensed entity.
a. Provide for resident's privacy and
dignity when providing personal care.
b. Assist the resident to dress and
undress.
c. Assist the resident with bathing and
personal grooming.
d. Observe and report condition of the
skin.
e. Assist the resident with oral hygiene,
including prosthetic devices.
f. Administer oral hygiene for the
unconscious resident.
g. Demonstrate measures to prevent
decubitus ulcers, i.e., positioning, turning and applying heel
and elbow protectors.
h. Assist the resident in using the
bathroom. Understand consequences of not assisting
resident to the bathroom.
i. Assist the resident in using a bedside
commode, urinal and bedpan.
j. Demonstrate proper bed making
procedures for occupied and unoccupied beds.
k. Feed residents oral table foods in an
appropriate manner. Demonstrate proper positioning of
residents who receive tube feeding.
l. Distribute nourishment and water.
m. Accurately measure and record with a
variety of commonly used devices:
i. Blood pressure
ii. Height and weight
iii. Temperature, pulse, respiration
n. Assist the resident with shaving.
o. Shampoo and groom hair.
p. Provide basic care of toenails unless
medically contraindicated.
q. Provide basic care of fingernails
unless medically contraindicated.
r. Demonstrate proper catheter care.
s. Demonstrate proper perineal care.
t. Assist the licensed nurse with a
physical examination.
u. Apply a non-sterile dressing properly.
v. Apply non-sterile compresses and
soaks properly and safely.
w. Apply cold and/or heat applications
properly and safely.
x. Demonstrate how to properly apply
elastic stockings.
y. Demonstrate proper application of
physical restraints including side rails.
(5) Demonstrate skills which incorporate
principles of restorative care under the direction of a licensed
nurse.
a. Assist the resident in bowel and
bladder training.
b. Provide enemas within the scope of
duties of the nurse assistant.
c. Assist the resident in activities of
daily living and encourage self-help activities.
d. Assist the resident with ambulation
aids, i.e., cane, quadcane, walker, crutches, wheelchair and
transfer aids, i.e., hydraulic lifts.
e. Perform range of motion exercise as
instructed by the physical therapist or the licensed nurse.
f. Assist in care and use of prosthetic
devices.
g. Assist the resident while using proper
body mechanics.
h. Assist the resident with dangling,
standing and walking.
i. Demonstrate proper turning and/or
positioning both in bed and in a chair.
j. Demonstrate proper technique of
transferring resident from low and high bed to chair.
(6) Demonstrate safety and emergency
procedures including proficiency in the Heimlich maneuver
and certification in cardiopulmonary
resuscitation (CPR).
(7) Provide care to resident when death is
imminent.
a. Discuss own feelings and attitude
about death.
b. Explain how culture and religion
influence a person's attitude toward death.
c. Discuss the role of the CNA, the
resident's family and significant others involved in the dying
process.
d. Discuss the stages of death and dying
and the role of the nurse assistant.
e. Provide care, if appropriate, to the
resident's body after death.
See 5 DE Reg. 1908 (4/1/02)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
932 PROPOSED REGULATIONS
SECTION 69.400 MANDATORY ORIENTATION
PERIOD
69.401 SKILLED AND INTERMEDIATE CARE
FACILITIES
A. GENERAL REQUIREMENTS
(1) All Nursing Assistants hired to work in a
skilled or intermediate care facility, after completing 150
hours of training, shall undergo a minimum of 80 hours of
orientation at least 40 of which shall be clinical. An
exception to this requirement is that any Nursing Assistant
who has undergone 150 hours of training, sponsored by the
facility where the Nursing Assistant will be employed
immediately thereafter, shall only be required to complete
additional facility specific orientation of 40 hours in the
same facility.
(2) All Certified Nursing Assistants hired to
work in a skilled or intermediate care facility shall undergo a
minimum of 80 hours of orientation; at least 40 of which
shall be clinical.
(3) While undergoing orientation, Nursing
Assistants shall have direct physical contact with residents
only while under the visual observation of a Certified
Nursing Assistant or licensed nurse employed by the facility.
(4) Any Certified Nursing Assistant or
Nursing Assistant undergoing orientation may be considered
a facility employee for purposes of satisfying the minimum
facility staffing requirements.
B. ORIENTATION PROGRAM
REQUIREMENTS
(1) The mandatory orientation program shall
include but is not limited to a review and written instruction
on the following material by a licensed nurse:
a. Tour of the facility and assigned
residents' rooms
b. Fire and disaster plans
c. Emergency equipment and supplies
d. Communication (including the facility
chain of command) and documentation requirements
e. Process for reporting emergencies,
change of condition and shift report
f. Operation of facility equipment and
supplies, including scales, lifts, special beds and tubs.
g. Review of the plan of care for each
assigned resident including:
i. ADL/personal care needs
ii. Nutrition, hydration and feeding
techniques and time schedules
iii. Bowel and bladder training
programs
iv. Infection control procedures
v. Safety needs
(a.) Role and function of the
CNA/NA
(b.) Resident rights/abuse
reporting
(c.) Safety and body mechanics:
transfer techniques
(d.) Vital signs
(e.) Psychosocial needs
(f.) Facility policies and
procedures
(2) Nursing Assistants shall satisfactorily
demonstrate competency in clinical skills including:
a. Taking and recording vital signs
b. Measuring and recording height and
weight
c. Handwashing and infection control
techniques
d. Caring for the resident's environment
e. Bathing and skin care, including foot
and nail care
f. Grooming and mouth care, including
denture care
g. Dressing
h. Toileting, perineal and catheter care
i. Assisting with eating and hydration
j. Proper feeding techniques
k. Positioning, turning and transfers
l. Range of motion
m. Bowel and bladder training
n. Care and use of prosthetic and
orthotic devices
o. Assisting with ambulation
p. Measuring intake and output
q. Use of elastic stockings, heel and
ankle protectors
r. Bedmaking skills
69.402 ASSISTED LIVING FACILITIES
A. GENERAL REQUIREMENTS
(1) Nursing Assistants hired to work in an
assisted living facility, after completing 150 hours of
instruction, shall undergo a minimum 64 hours of
orientation, at least 24 of which shall be clinical. An
exception to this requirement is that any Nursing Assistant
who has undergone 150 hours of training in a training
program sponsored by the facility where the Nursing
Assistant will be employed immediately thereafter shall only
be required to complete an additional 32 hours of facility
specific orientation in the same facility.
(2) Certified Nursing Assistants hired to work
in an assisted living facility shall undergo a minimum of 64
hours of orientation at least 24 of which shall be clinical.
(3) While undergoing orientation, Nursing
Assistants shall have direct physical contact with residents
only while under the visual observation of a Certified
Nursing Assistant or licensed nurse employed by the facility.
(4) Any Certified Nursing Assistant or
Nursing Assistant undergoing orientation may be considered
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 933
a facility employee for purposes of satisfying the minimum
facility staffing requirements as set forth by the Department.
B. ORIENTATION PROGRAM
REQUIREMENTS
(1) The mandatory orientation program shall
include but is not limited to a review and written instruction
on the following material by a licensed nurse:
a. Tour of the facility and assigned
residents' rooms
b. Fire and disaster plans
c. Emergency equipment and supplies
d. Communication and documentation
requirements
e. Process for reporting emergencies,
change of condition and shift report
f. Operation of facility equipment and
supplies, including but not limited to scales, lifts, and
wheelchairs.
g. Review of the plan of care for each
assigned resident including:
i. ADL/personal care needs
ii. Nutrition, hydration and feeding
techniques and time schedules
iii. Bowel and bladder training
programs
iv. Infection control procedures
v. Safety needs
h. Role and function of the CNA/NA
i. Resident rights/abuse reporting
j. Safety and body mechanics: transfer
techniques
k. Vital signs
l. Psychosocial needs
m. Facility policies and procedures
(2) Nursing Assistants shall satisfactorily
demonstrate competency in clinical skills including:
a. Taking and recording vital signs
b. Measuring and recording height and
weight
c. Handwashing and infection control
techniques
d. Caring for the resident's environment
e. Bathing and skin care
f. Grooming and mouth care, including
denture care
g. Dressing
h. Toileting, perineal and catheter care
i. Assisting with eating and hydration
j. Proper feeding techniques
k. Positioning, turning and transfers
l. Range of motion
m. Bowel and bladder training
n. Care and use of prosthetic and
orthotic devices
o. Assisting with ambulation
p. Measuring intake and output
q. Use of elastic stockings, heel and
ankle protectors
r. Bedmaking skill
69.403 TEMPORARY AGENCIES
A. GENERAL REQUIREMENTS
(1) All Certified Nursing Assistants employed
by temporary agencies and placed in a facility in which they
have not worked within the previous six (6) months shall
undergo a minimum of two (2) hours of orientation prior to
beginning their first shift at the facility.
(2) Any Certified Nursing Assistant employed
by a temporary agency and undergoing orientation shall not
be considered a facility employee for purposes of satisfying
the minimum facility staffing requirements.
(3) Nursing Assistants employed by a
temporary agency must be certified prior to placement in any
nursing home.
B. ORIENTATION PROGRAM
REQUIREMENTS
(1) The mandatory two-hour orientation
program shall include but is not limited to a review and
written instruction on the following material by a licensed
nurse:
a. Tour of the facility and assigned
residents' rooms
b. Fire and disaster plans
c. Emergency equipment and supplies
d. Communication and documentation
requirements
e. Process for reporting emergencies,
change of condition and shift report
f. Operation of facility equipment and
supplies including but not limited to scales, lifts, special beds
and tubs
g. Review of the plan of care for each
assigned resident including:
i. ADL/personal care needs
ii. Nutrition, hydration and feeding
techniques and time schedules
iii. Bowel and bladder training
programs
iv. Infection control procedures
v. Safety needs
SECTION 69.500 VOLUNTARY SENIOR CERTIFIED
NURSING ASSISTANT CERTIFICATION
69.501 TRAINING REQUIREMENTS AND
COMPETENCY TEST
Any Certified Nursing Assistant may pursue
designation as a Senior Certified Nursing Assistant and shall
be so designated if such individual meets the following
minimum requirements:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
934 PROPOSED REGULATIONS
A. Has been a Certified Nursing Assistant for
a minimum of three years, in good standing with no adverse
findings entered on the Nurse Aide Registry;
B. Has successfully completed an additional
50 hours of advanced training in a program approved by the
Department;
C. Has passed a competency test provided by
the Department or by a contractor approved by the
Department.
69.502 VOLUNTARY SENIOR CNA
CURRICULUM
The Senior CNA program must meet the same
requirements as those specified in Section 2 of these
regulations in terms of classroom ratios of students to
instructors. The Senior CNA curriculum must meet the
following minimum course content, which will provide an
advanced level of knowledge and demonstrable skills. All
demonstrable competencies shall be documented by the RN
instructor.
A. LEADERSHIP TRAINING AND
MENTORING SKILLS
Key Concepts: Senior Certified Nursing Assistants
will learn how to teach new Nursing Assistants standards of
care. Senior CNAs will learn how to be a role model and
preceptor for new Nursing Assistants and CNAs. Senior
CNAs will learn how prepare assignments, conduct team
meetings and resolve conflicts.
Competencies: Function effectively as a team
leader and mentor/preceptor within the facility.
(1) Define the role and functions of an
effective team leader and mentor.
(2) Identify principles of adult learning.
(3) Recognize various learning styles and
communication barriers.
(4) Assess learner knowledge.
(5) Reserved
(6) Demonstrate effective communication
techniques.
(7) Recognize the importance of teamwork.
(8) Actively participate in resident care plan
and team meetings.
(9) Identify strategies for conflict
management.
(10) Learn how to prepare assignments, assist
with scheduling and other administrative duties.
B. DEMENTIA TRAINING
Key Concepts: The senior CNA will gain
greater knowledge of Alzheimer's Disease and related
dementias. The senior CNA will gain the skills necessary to
effectively care for residents exhibiting signs and symptoms
of dementia. The senior CNA will act as a role model and
resource person for other CNAs.
Competencies: Demonstrate appropriate skills and
techniques necessary to provide care to residents exhibiting
signs and symptoms of dementia.
(1) Recognize signs and symptoms of
Alzheimer's Disease and related disorders.
(2) Identify types of dementias.
(3) Discuss methods for managing difficult
behavior.
(4) Demonstrate effective communication
techniques.
(5) Recognize specific issues that arise in
providing care to persons with Alzheimer's Disease and
other memory loss conditions and appropriate interventions
for dealing with these problems including, but not limited to,
agitation, combativeness, sundown syndrome, wandering.
C. ADVANCED GERIATRIC NURSING
ASSISTANT TRAINING
Key Concepts: The senior CNA will gain
greater knowledge of anatomy and physiology with
emphasis on the effects of aging. The senior CNA will
effectively carry out restorative nursing skills as specified in
the resident's plan of care.
Competencies:
(1) Verbalize understanding of anatomy,
physiology and pathophysiology of common disorders of the
elderly.
a. Describe the effects of aging on the
various organs and systems within the body.
b. Describe signs and symptoms of
common disorders.
c. Describe the pathophysiology of
common disorders.
d. Identify measures to assist residents
with common medical problems (e.g., promoting
oxygenation in residents with breathing problems).
e. Observe, report and document
condition changes using appropriate medical terminology.
f. Recognize basic medical emergencies
and how to respond appropriately.
(2) Maintain or improve resident mobility and
the resident's ability to perform activities of daily living.
Understand the reasons for rehabilitation (physiologically),
reasons for, and benefits of Restorative Nursing and be able
to demonstrate the same.
a. Assist the resident with exercise
routine as specified in his/her care plan.
b. Carry out special rehabilitation
procedures as ordered including working with the visually
impaired, special feeding skills/devices, splints, ambulatory
devices and prostheses.
c. Identify ways to prevent contractures.
d. Effectively communicate with the
Rehabilitation Department.
See 5 DE Reg. 1908 (4/1/02)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 935
SECTION 69.600 SENIOR CNA TRAINING
PROGRAM INSTRUCTORS
A. The Primary Instructor is an individual
responsible for the overall coordination and implementation
of the senior certified nursing assistant training program.
The primary instructor is present and available during
clinical training. The primary instructor and all who serve as
instructors in the program must meet the following
qualifications:
(1) RN licensure in the State of Delaware.
(2) Three (3) years nursing experience in
caring for the elderly or chronically ill of any age.
(3) Instructors shall demonstrate:
a. Successful completion of
"Train-the-Trainer" program which provides preparation in
teaching adult learners principles of effective teaching and
teaching methodologies or;
b. Successful completion of a college
level course of at least one semester in length, that was
related to education and the principles of adult learning.
(4) Waiver of the Train-the-Trainer and the
college level education course requirement is made for those
nurses who demonstrate at least one (1) year of continuous
teaching experience at the nursing assistant or LPN or RN
program level.
B. Program Trainer(s) may provide assistance to
instructors as resource personnel from the health field. They
may provide instruction in their area(s) of expertise.
(1) Trainers shall be registered nurses,
licensed practical nurses, pharmacists, dietitians, social
workers, physical, speech or occupational therapists,
environmental/fire safety specialists, activity directors, or
other licensed health care professionals.
(2) One (1) year of current experience in
caring for the elderly or have equivalent experience.
(3) Trainers shall be licensed or certified in
their field, where applicable.
SECTION 69.700 TRAIN-THE-TRAINER PROGRAM
REQUIREMENTS
Each train-the-trainer program shall ensure that an RN
designated as primary instructor meets the following
minimum requirements:
69.701 TRAINING COURSE CONTENT
A. Role of Trainer
B. Communication techniques
C. Demonstration skills
D. Teaching a process
E. Teaching techniques
F. Training techniques
G. Developing a formal training plan
69.702 COURSE MANAGEMENT INFORMATION
A. Training time shall consist of sixteen minimum
hours.
B. The train-the-trainer instructor must have
formal educational preparation or experience with skills of
adult learning.
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 505 (31 Del.C. §505)
PUBLIC NOTICE
In compliance with the State's Administrative
Procedures Act (APA - Title 29, Chapter 101 of the
Delaware Code) and with 42CFR §447.205, and under the
authority of Title 31 of the Delaware Code, Chapter 5,
Section 107, Delaware Health and Social Services (DHSS) /
Division of Social Services proposing to amend the Title
XXI Delaware Healthy Children State Plan to expand the
plan to cover more DSCYF (Department of Services to
Children, Youth and their Families) services.
Any person who wishes to make written suggestions,
compilations of data, testimony, briefs or other written
materials concerning the proposed new regulations must
submit same to Sharon L. Summers, Policy and Program
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware by February 28, 2003.
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.
Summary Of Proposed Revisions
Effective January 1, 2003, this regulation amends the
Division of Social Services Title XXI Delaware Healthy
Children Program (DHCP) State Plan to:
1 Remove the yearly limit of one bundled rate
payment per 31 days in a calendar year. In this way, the
DHCP Plan mirrors the Medicaid benefit which allows the
bundled rate to be billed for up to 12 months per calendar
year; and,
2 Remove the restriction that currently prevents
DSCYF from billing any fee-for-service claims for children
in Division of Youth and Rehabilitative Services (YRS) or
Division of Family Services (DFS) who are not under the
care of Child Mental Health (CMH) and do not have the
bundled rate billed on their behalf.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
936 PROPOSED REGULATIONS
DSS PROPOSED REGULATION #03-02
DELAWARE HEALTHY CHILDREN
PROGRAM (DHCP)
Section 3. Methods of Delivery and Utilization Controls
(Section 2102(a)(4))
3.1 Describe the methods of delivery of the child health
assistance using Title XXI funds to targeted low-income
children. Include a description of the choice of financing
and the methods for assuring delivery of the insurance
products and delivery of health care services covered by
such products to the enrollees, including any variations.
(Section 2102)(a)(4) (42 CFR 457.490(a))
The Delaware Healthy Children Program (DHCP) is
targeted to children under age 19 with income at or below
200% of the Federal Poverty Level (FPL). The service
package will include all of those basic benefit services
provided under the State's Medicaid Managed Care program
as it was structured during 1998. Services will be provided
by the same fully capitated managed care organizations
(MCOs) participating with Medicaid. In addition,
participants in the DHCP will receive pharmacy services
comparable to the Medicaid population. They will also
receive 31 days of mental health and substance abuse
treatment services (any treatment modality) in a calendar
year in addition to the basic MCO benefit of 30 outpatient
visits for mental health. They will also receive all medically
necessary mental health and substance abuse treatment
services (any treatment modality) which exceed the basic
MCO benefit of 30 outpatient visits for mental health. The
mental health/substance abuse services will be provided
through the State's Department of Services for Children,
Youth, and Families. For children actively case managed by
the Department's Division of Child Mental Health Services
(a JCAHO-certified public mental health managed care
provider), a monthly encounter rate will be billed to the
DHCP. Children receiving mental health or substance abuse
services by the Department's Division of Family Services or
the Division ofYouth Rehabilitation Services will have their
care paid on a fee-for-service basis. Beyond the 31 days of
additional coverage of inpatient care, children will become
eligible for Medicaid long-term care services. Thus the
DHCP will provide very high quality mental health and
substance abuse coverage - coverage which is better by far
than most private sector coverage. Services will be provided
statewide with no variations based on geography.
(Note: Break In Continuity of Sections)
6.2 The state elects to provide the following forms of
coverage to children: (Check all that apply. If an item is
checked, describe the coverage with respect to the amount,
duration and scope of services covered, as well as any
exclusions or limitations) (Section 2110(a)) (42 CFR 457.490)
(Note: Break In Continuity of Sections)
6.2.10 . Inpatient mental health services, other than
services described in 6.2.18, but including services furnished
in a state-operated mental hospital and including residential
or other 24-hour therapeutically planned structural services
(Section 2110(a)(10)) - inpatient mental health services may be
provided as a "wrap-around" service for up to 31 days per
calendar year with the limitation that the 31 days also
includes any other mental health and/or substance abuse
treatment services (including outpatient, residential and any
other treatment modality) outside of the basic MCO benefit
of 30 outpatient visits will be provided as "wrap-around"
services by the DSCYF. Inpatient services will be provided
with limits based on medical necessity. Children who need
inpatient services beyond this will convert to Medicaid
Long-Term Care.
6.2.11 . Outpatient mental health services, other
than services described in 6.2.19, but including services
furnished in a state-operated mental hospital and including
community-based services (Section 2110(a)(11) -30 days of
outpatient care included in the basic MCO benefit.
Additional days (up to 31), with limitations based on
medical necessity, will be provided by the DSCYF. available
through wrap-around. See note in 6.2.10.
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
7 Delaware Code, Chapter 79 (7 Del.C. Ch. 79)
1.
2.
REGISTER NOTICE
Title Of The Re
DNREC Chronic
Brief Synopsi Substance And
Issues:
These new regulations define criteria and establish a
process for determining when a facility or regulated party
should be declared a chronic violator by virtue of its inability
to maintain compliance with the state's environmental
permits, laws or regulations.
3. Possible Terms Of The Agency Action:
There is no sunset provision associated with 7 Del. C.
Chapter 79 or these regulations.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
--
--
PROPOSED REGULATIONS 937
4. Statutory Basis Or Legal Authority To Act:
7 Del.C. Chapter 79
5. Other Regulations That May Be Affected By The
Proposal:
N/A
6. Notice Of Public Comment:
DNREC will hold a public workshop on the newly
proposed Chronic Violator Regulation on Tuesday, March
11, 2003, at 6:30 p.m. The workshop will be held in
DNREC's Auditorium located at 89 Kings Highway, Dover,
Delaware.
DNREC will hold a public hearing on the newly
proposed Chronic Violator Regulation on Wednesday,
March 19, 2003, at 6:30 p.m. The public hearing will be
held in DNREC's Auditorium located at 89 Kings Highway,
Dover, Delaware.
7. Prepared By:
Jennifer M. Bothell, DNREC Enforcement Coordinator,
739-4403 January 15, 2003
Proposed
Chronic Violator Regulations
1.0 Authority
1.1 These regulations are promulgated pursuant to the
authority granted to the Secretary by 7 Del. C. Chapter 79.
2.0 Applicability
2.1. The Chronic Violator regulations are administered
by the Department of Natural Resources and Environmental
Control pursuant to 7 Del. C. Chapter 79.
2.2. These regulations apply to the following DNREC
Regulatory Programs adopted under Title 7: Chapters 40,
60, 62, 63, 66, 70, 72, 74, 77, 78, and 91 and Title 16
Chapters 63 and 78:
2.2.1 Erosion and Sedimentation Control (7
Del. C. Chapter 40) Control of erosion of sedimentation at
construction sites and other land disturbing activities.
2.2.2 Stormwater Management (7 Del. C.
Chapter 60) -- Under the NPDES program for stormwater
from facilities and hard surfaces.
2.2.3 Solid Waste (7 Del. C. Chapter 60) --
Landfill permitting, transportation of solid waste, and illegal
dumping of solid waste.
2.2.4 Water Discharges (7 Del. C. Chapter 60) --
NPDES program, all point source discharges into waters of
the State.
2.2.5 Air Emissions (7 Del. C. Chapter 60)
All point source emissions to air, including mobile and
stationary sources.
2.2.6 Marinas (7 Del. C. Chapter 60) - All boat
docking facilities, marinas, and vessel pumpout stations.
2.2.7 Scrap Tires (7 Del. C. Chapter 60) --
Storage requirements for scrap tires.
2.2.8 Beverage Containers (7 Del. C. Chapter
60) Bottle Bill, requires stores to take returnable
containers and pay the refund.
2.2.9 Ocean Dumping (7 Del. C. Chapter 60) --
Prohibits the disposal of solid wastes in the ocean and other
waters of the State.
2.2.10 Water Supply (7 Del. C. Chapter 60) -
Permitting of water supply wells.
2.2.11 On-Site Wastewater (7 Del. C. Chapter
60) -- Permitting of on-site wastewater treatment systems.
2.2.12 Debris Pits (7 Del. C. Chapter 60) --
Remediation of debris disposal areas.
2.2.13 Labeling of Plastic Products (7 Del. C.
Chapter 60) -- Requires that all plastic containers sold in
Delaware contain the triangle enclosed code number of the
type of plastic the container is made of.
2.2.14 Oil Pollution Liability (7 Del. C. Chapter
62) -- Prohibits the discharge of oil to the water or land.
2.2.15 Hazardous Waste (7 Del. C. Chapter 63) --
Regulates the generation, storage, transportation, treatment
and disposal of hazardous waste.
2.2.16 Coastal Zone (7 Del. C. Chapter 70) --
Control of the location, extent, and type of industrial
development in Delaware's coastal areas.
2.2.17 Underground Storage Tanks (7 Del. C.
Chapter 74) -- Controls the storage of petroleum products in
underground storage tanks.
2.2.18 Aboveground Storage Tanks (7 Del.C.
Chapter 74A)-- Controls the storage of petroleum products
and hazardous substances in aboveground storage tanks.
2.2.19 Extremely Hazardous Substances (7 Del.
C. Chapter 77) -- Prevention of sudden releases of extremely
hazardous substances and the generation of pressure waves
and thermal exposures beyond the property boundaries of the
facility where they occur and the catastrophic health
consequences caused by short-term exposures to such
accidental releases.
2.2.20 Pollution Prevention (7 Del. C. Chapter
78) -Establish a program to demonstrate and facilitate the
potential for pollution prevention and waste minimization
through technical assistance, education, and outreach.
2.2.21 Hazardous Substances Cleanup (7 Del. C.
Chapter 91) -- State Superfund program.
2.2.22 Emergency Planning/Community Rightto-
Know --(16 Del. C. Chapter 63) -- Requires the report of
hazardous materials meeting specific threshold requirements
stored at facilities for the purpose of emergency response
and community right-to-know.
2.2.23 Asbestos (16 Del. C. Chapter 78) --
Regulates the practice of asbestos containment, removal,
transportation, storage and disposal.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
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938 PROPOSED REGULATIONS
2.2.24 Wetlands (7 Del. C. Chapter 66)
Protection of tidal wetlands.
2.2.25 Subaqueous Lands (7 Del. C. Chapter 72)
-- Control of activities in state-owned subaqueous lands.
3.0 Definitions
The following definitions shall have the meaning
ascribed for the purposes of enforcing Chapter 79 and this
Regulation only:
3.1 "Chronic Violator" means a facility or regulated
party that is unable to maintain compliance or has engaged in
a pattern of willful neglect or disregard with respect to the
State's environmental permits, laws, or regulations as
administered by the Department.
3.2 "Days" means calendar days.
3.3 "Facility" means any site or structure regulated by
the Department or subject to the provisions contained in the
laws listed under Section B.2. of this regulation.
3.4 "Department" means the Department of Natural
Resources and Environmental Control.
3.5 "Person" means any individual, trust, firm, joint
stock company, federal agency, partnership, corporation
(including a government corporation or authority), limited
liability company, association, state, municipality,
commission, political subdivision of a state or any interstate
body.
3.6 "Public Meeting" means a forum to receive oral
and written comments and other supporting materials from
the public and the facility or regulated party as part of the
administrative record.
3.7 "Regulated Party" means any person regulated by
the Department or subject to the provisions contained in the
laws listed under Section B.2. of this regulation.
3.8 "Secretary" means the Secretary of the
Department of Natural Resources and Environmental
Control or the Secretary's duly authorized designee.
4.0 Criteria
In determining if a facility or regulated party is a
chronic violator, the Secretary shall apply the following
criteria with respect to the State's environmental permits,
laws or regulations as administered by the Department:
4.1 Inability to maintain compliance; or
4.2 Engaged in a pattern of willful neglect; or
4.3 Engaged in a pattern of disregard.
A facility or regulated party need only meet one of these
criteria in order to be designated a chronic violator.
5.0 Initiation of Review
5.1 At the Secretary's discretion, he/she may initiate a
review of any facility or regulated party at any time to
determine if the facility is a chronic violator.
5.2 The Secretary shall review a facility or regulated
party to determine if it is a chronic violator if one of the
following conditions apply in a timeframe not to exceed 5
years:
5.2.1 Three (3) or more of any combination of
administrative orders, civil judicial actions, court orders,
negotiated settlements, and criminal convictions (excluding
convictions pursuant to 7 Del. C. § 6013(c)) at the same
facility regardless of owner; or
5.2.2 Three (3) or more of any combination of
administrative orders, civil judicial actions, court orders,
negotiated settlements, and criminal convictions (excluding
convictions pursuant to 7 Del. C § 6013(c)) under the same
Department regulatory program, as defined in Section 2.0,
against the same person at different locations.
6.0 Notification of Review
6.1 The Secretary shall issue a Notice of Chronic
Violator Review to the facility or regulated party within ten
(10) days of the Secretary's decision to conduct a review.
6.2 Within ten (10) days after the facility or regulated
party has received the written notice, the Department shall
publish a public notice stating that a review has commenced,
identifying the facility or regulated party being reviewed,
describing the reason why the review was initiated, and
requesting public and facility or regulated party comments
within sixty (60) days.
6.3 Any comments received by the Department shall be
made available to the facility or regulated party and the
public, within three (3) working days of receipt. A hard copy
version of comments will be stored in the Department's
facility file.
6.4 The Department shall issue a written notice of the
status of the review to the facility or regulated party and to
the public every six months from the date of the Public
Notice. If, during said review, new violations come to the
attention of the Department the Secretary may consider the
new violations and allow a further comment period by the
facility, regulated party, or the public.
7.0 Factors to be Considered When Conducting Review
The Secretary may consider any relevant factors when
deciding whether a facility or regulated party meets one or
more of the chronic violator criteria. In conducting his/her
review, the Secretary shall consider all relevant and reliable
information available or submitted to the Department from
all sources. Factors that must be considered are:
7.1 The nature and extent of the harm caused or
threatened.
7.2 The impact on the integrity of regulatory programs.
7.3 Duration of noncompliance.
7.4 Number of violations of a similar nature.
7.5 Total number of violations of all types.
7.6 Economic benefit attributable to violations.
7.7 Relationship/relevance of violations to activity for
which permit is sought.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 939
7.8 Whether any or all of the violations were willful or
grossly negligent.
7.9 The extent of deviation from the permit, order or
other requirement.
7.10 The demonstrated attitude of new owners/
managers (if ownership and/or management has changed at
the facility).
7.11 Actions taken or not taken to prevent, mitigate
or respond to harm caused or threatened by the violation.
7.12 Whether any or all of the violations were selfreported
within 15 consecutive days after the date of
discovery.
All of these factors need not apply in order for a facility
or regulated party to be considered a chronic violator.
8.0 Violations to be Considered When Conducting
Review
The Secretary may consider any violations when
conducting his/her review. The types of violations that shall
be considered by the Secretary shall include, but not be
limited to:
8.1 Violations that cause or genuinely threaten harm to
the environment or to public health or safety.
8.2 Violations resulting in criminal convictions.
8.3 Tampering with monitoring or sampling equipment
or interfering with samples or analytical results.
8.4 Filing false reports or inaccurate or misleading
information.
8.5 Failing to maintain or use required pollution control
equipment, structures or practices.
8.6 Repeatedly failing to submit required reports of
regulated activity such as Discharge Monitoring Reports.
8.7 Repeatedly conducting a regulated activity without
a required permit or authorization.
9.0 Secretary's Determination
In making a determination, the Secretary shall consider
all relevant and reliable information available or submitted
to the Department from all sources. The Secretary shall
consider the following when determining if a facility or
regulated party meets one or more of the chronic violator
criteria in Section D:
9.1 Relevant factors per Section 7.0;
9.2 Violations per Section 8.0;
9.3 Public comments received per Section 6.0; and
9.4 Comments from the facility or regulated party per
Section 6.0.
10.0Notification of Determination
10.1. The Secretary shall issue a Notice of Chronic
Violator Determination to the facility or regulated party once
a determination has been made. The notice will describe in
detail the basis for the Secretary's determination. If the
facility or regulated party is determined to be a Chronic
Violator, the notice will also describe the penalties, limits,
requirements or restrictions being imposed in accordance
with Section K and the requirements to be met in order to
petition for removal of the Chronic Violator designation.
10.2 Once the facility or regulated party has
received the Notice of Chronic Violator Determination, the
Department shall publish, within ten (10) days, a public
notice announcing the determination and describing the basis
for the Secretary's determination, and information on how to
obtain the full Determination document. If the facility or
regulated party is determined to be a Chronic Violator, the
Public Notice will also summarize the penalties, limits,
requirements or restrictions being imposed.
10.3 Persons or facilities determined by the
Secretary to be chronic violators shall be provided due
process under 7 Del. C. § 6008 and § 6009.
11.0 Penalties and Requirements
11.1 The Secretary may impose limits, requirements
or restrictions on a facility or regulated party determined to
be a chronic violator by virtue of the exercise of his/her
authority over such facility or regulated party through
permitting provisions or enforcement actions. Such limits,
requirements or restrictions may include, but not be limited
to:
11.1.1 denying permit applications or modifying,
suspending or revoking operating permits,
11.1.2 imposing a schedule of compliance;
11.1.3 requiring capital improvements and
associated performance standards;
11.1.4 specifying the requirements for
development and implementation of a system for managing
environmental performance and compliance; or
11.1.5 instituting a requirement for the facility or
regulated party to submit an annual environmental
performance statement. Such a statement shall include, but
not be limited to:
11.1.5.1 a description of the facility.
11.1.5.2 a listing of environmental permits
held by the facility.
11.1.5.3 emissions and discharges from
the facility.
11.1.5.4 disclosure of environmental
violations of enforcement actions taken against the facility
during the previous year.
11.1.5.5 a description of any pollution
prevention or waste reduction activities undertaken at the
facility during the previous year and the results of those
activities.
11.1.5.6 plans to achieve compliance with
all applicable laws, regulations or permits.
11.2 The Secretary may reject any permit
application or revoke any permit upon a finding that the
applicant has been determined by the Secretary to be a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
940 PROPOSED REGULATIONS
chronic violator.
11.3 Notwithstanding other applicable enforcement
provisions contained in relevant sections of Chapters
covered by 7 Del. C. § 7901(b), the Secretary is authorized
to impose an administrative penalty of up to $10,000 per day
for each violation against any person that is determined to be
a chronic violator in accordance with the provisions of 7 Del.
C. § 7904(a). The person's right to contest or appeal the
assessment of a penalty authorized under this Section shall
be in accordance with the applicable provisions of the
Delaware Code under which the violation and enforcement
action is being taken.
12.0 Chronic Violator Delisting
12.1 Any person determined to be a Chronic
Violator may petition the Secretary to have the Chronic
Violator designation removed once it has met the limits,
requirements, or restrictions of the Notice of Chronic
Violator Determination. The petition must include the
following information, as appropriate:
12.1.1 demonstration of compliance with the
limits, requirements, or restrictions of the Notice of Chronic
Violator Determination through an audit conducted by an
independent third party if required by the Secretary;
12.1.2 description of actions taken to prevent
violations of the kind that led to the notice; and
12.1.3 description of other violations that have
occurred since the notice and how they were addressed.
12.2 Upon receipt of the petition, the Department
shall issue a public notice announcing the petition and
requesting public comments within 90 days.
12.3 Within 30 days of receipt of the petition, the
Department will notify the facility or regulated party of the
administrative completeness of the petition or its
deficiencies.
12.4 Upon a meritorious request for a public
meeting, as defined in Section 3.6 of this Regulation,
received within a reasonable time as stated in the Public
Notice, the Secretary shall conduct a public meeting to
review and receive additional comments on the petition.
12.5 The Department shall have 90 days from the
date the petition is determined to be administratively
complete to conduct applicable inspections of the facility
and/or the regulated party's record to confirm the petition's
statements.
12.6 The Secretary will then have an additional
sixty (60) days to review the petition, the inspection reports,
audit reports if required, and public comments and issue a
decision to the facility or regulated party that the Chronic
Violator Status has been withdrawn or will be continued.
12.7 When the petition is granted or denied, the
Secretary will issue a letter to the facility or regulated party,
and the Department will issue a public notice indicating the
Chronic Violator's status.
DIVISION OF FISH & WILDLIFE
Statutory Authority: 7 Delaware Code,
Section 6010, (7 Del.C. §6010)
SAN# 2002-23
1. Title Of The Regulations:
Amendments To Shellfish Regulations
2. Brief Synopsis Of The Subject, Substance And
Issues:
Oyster harvesting regulations need to be updated to
cover the harvest season; the harvestable amount of oysters
and areas where oysters may be landed in 2003. It is also
proposed that it be unlawful for any oyster container that is
empty or partially filled to have an oyster tag attached.
3. Possible Terms Of The Agency Action:
None
4. Statutory Basis Or Legal Authority To Act:
7 Del.C. §1902, 7 Del.C. §2106
5. Other Regulations That May Be Affected By the
Proposal:
None
6. Notice Of Public Comment:
Individuals may present their comments or request
additional information by contacting the Fisheries Section,
Division of Fish and Wildlife, 89 Kings Highway, Dover,
DE 19901, (302) 739-3441. A public hearing on this
proposed amendment will be held on March 5 2003 at 7:30
PM in the DNREC Auditorium, 89 Kings Highway, Dover,
DE 19901. The record will remain open for written
comments until 12:00 PM, March 31, 2003
7. Prepared By:
Richard Cole (302) 739-4782, January 10, 2003
Proposed Amendments To Shellfish Regulation
Pertaining To Oysters
S-63 Oyster Harvesting Seasons
It shall be unlawful for any person to harvest or to
attempt to harvest oysters from the State's natural oyster
beds except during the seasons beginning at sunrise on May
10, 2002 and ending at sunset on June 29, 2002 and
beginning at sunrise on September 2, 2002 and ending at
sunset on December 31, 2002. (Subject to change after
public hearing).
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 941
S-65 Oyster Landing Areas
(a) It shall be unlawful for any person to land oysters
taken for direct sale from the state's natural oyster beds at
any site other than in the town of Leipsic, Flemings Landing,
Port Mahon, Bowers Beach, Lewes or the Cedar Creek
areas.
(b) 'To Land' shall mean to bring to shore.
S-67 Oyster Harvesting Gear
(a) It shall be unlawful for any person to harvest
oysters or attempt to harvest oysters from the State's natural
oyster beds with any gear other than an oyster dredge that
measures no more than 52 inches in length along the tooth
bar.
(b) It shall be unlawful for any person to harvest
oysters or attempt to harvest oysters from the State's natural
oyster beds with an oyster dredge with teeth measuring more
than four (4) inches in length.
(c) It shall be unlawful for any person to harvest
oysters or attempt to harvest oysters from the State's natural
oyster beds with more than two oyster dredges overboard at
the same time.
(d) It shall be unlawful for any person to harvest
oysters or attempt to harvest oysters from the State's natural
oyster beds with any dredge that is attached to another
dredge.
S-69 Oyster Minimum Size Limit
(a) It shall be unlawful for any person to possess any
oyster harvested for direct sale from the State's natural
oyster beds that measures less than 2.75 inches between the
two most distant points on the edges of said oyster's shell.
S-71 Oyster Harvesting Control Dates
(a) A person is authorized to participate in the seasonal
harvest of oysters for direct sale from the State's natural
oyster beds provided said person complies with the
following criteria:
1. He/she has a valid oyster harvesting license
and meets the eligibility requirements in §2103, 7 Del. C.
2. He/she has indicated in writing to the
Department no later than 4:30 PM on a date at least 30 days
prior to the opening date of the oyster harvesting season that
he/she will participate.
3. He/she pays the harvest fee of $1.25 per bushel
for his/her individual allotment of oysters no later than 4:40
PM on a date at least 10 days prior to the opening date of the
oyster harvesting season.
(b) In the event a person who indicates in writing to the
Department that he/she will participate in the next seasonal
harvest of oysters from the State's natural oyster beds and
then fails to pay his or her oyster harvest fee on time said
person's share of oysters shall be pooled and made available
for subsequent allocations to individuals who have paid their
oyster harvest fees on time. The quantity of the subsequent
allocation of oysters shall be determined by dividing the
pooled allotments by the number of paid participants.
Interested participants may obtain no more than one
subsequent allocation by paying the oyster harvest fee of
$1.25 per bushel prior to harvesting same.
S-73 Oyster Harvesting Licensee Requirements
(a) It shall be unlawful for any person licensed to
harvest oysters from the State's natural oyster beds to
possess another person's oyster harvesting tags while on
board the vessel listed on said person's oyster harvesting
license unless the other person is on board said vessel.
(b) It shall be unlawful for any person licensed to
harvest oysters from the State's natural oyster beds for direct
sale to not attach an oyster harvesting tag in the locked
position through the fabric of a bushel bag containing
oysters.
(c) It shall be unlawful for any person to possess a
bushel bag or oyster cage that is empty or partially filled
with oysters so long as an oyster harvesting tag is attached to
said bag or oyster cage
S-75 Oyster Harvest Quota
The oyster harvest quota for the 2002 2003 season is
24,445 11,640 bushels.
DIVISION OF FISH & WILDLIFE
Statutory Authority: 7 Delaware Code,
Section 6010, (7 Del.C. §6010)
SSN# 2002-24
1. Title Of The Regulations:
Tidal Finfish Regulations
2. Brief Synopsis of the Subject, Substance and Issues:
The coast wide requirements for recreational black sea
bass fishermen, as mandated by the Atlantic States Marine
Fisheries Commission's Fishery Management Plan (FMP),
in 2003 are a 12.0 inch minimum size length with a 25 fish
creel limit and a closed season from September 2, 2003
through September 15, 2003 and December 1, 2003 through
December 31, 2003. Delaware currently has an eleven and
one half (11.5) inch minimum size limit, a 25 fish creel limit
and no closed season. It is proposed to amend Tidal Finfish
Regulation No. 23 to increase the minimum size limit for
black sea bass from 11.5 inches to 12.0 inches for
recreational fishermen and establish a closed season for
September 2, 2003 through September 15, 2003 and
December 1, 2003 through December 31, 2003.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
942 PROPOSED REGULATIONS
The Summer Flounder Fishery Management Plan
(FMP) details the annual process that the Summer Flounder
Fishery Management Board, the Mid-Atlantic Management
Council and the National Marine Fisheries Service are to use
to establish conservation equivalency for the recreational
summer flounder fishery. These agencies agreed that the
states would implement conservationally equivalent
measures rather than a coastwide management program for
summer flounder in 2003. Delaware is obligated to cap the
summer flounder recreational harvest at 129,000 fish for
2003. This is only 22,271 more fish than were landed in
2002. Given that over one million marine recreational
fishing trips occur annually in Delaware and that the 2000
year class of summer flounder was reported to be above
average thus suggesting that more fish may be available for
harvest in 2003; it is unadvisable to significantly alter the
management measures that were in place for 2002. It is
proposed that the seven management options that were
presented for the 2002 fishing season, which included size
ranges from 16 inches to 17.5 inches and creel limits ranging
from 4 fish to 7 fish, and a variety of seasonal closures be
presented again for public review and comment. The
adopted management approach for 2002 included a 17.5 inch
minimum size, 4 fish creel limit and closed season from
January 1 through May 15. This particular option will be
slightly adjusted by eliminating the closed season for the
2003 fishery. It is anticipated that the minimum size and bag
limit will restrain the catch without the need for any
additional reduction associated with the closures.
3. Possible Terms Of The Agency Action
Delaware is required to comply with specific Fishery
Management Plans approved by the Atlantic States Marine
Fisheries Commission. Failure to do so could result in
complete closure of a specific fishery in Delaware
4. Statutory Basis Or Legal Authority To Act:
7 Del. C. § 903, 7 (e)(2)(a)
5. Other Regulations That May Be Affected By The
Proposal:
None
6. Notice Of Public Comment:
Individuals may present their comments or request
additional information by contacting the Fisheries Section,
Division of Fish and Wildlife, 89 Kings Highway, Dover,
DE 19901, (302) 739-3441. A public hearing on these
proposed amendments will be held on February 24, 2003 at
7:30 PM in the DNREC Auditorium, 89 Kings Highway,
Dover, DE 19901. The record will remain open for written
comments until 4:30 PM, March 3, 2003.
7. Prepared By:
Richard Cole, (302) 739-4782, January 13, 2003
No. 4, Summer Flounder Size Limits; Possession Limits;
Seasons.
a) It shall be unlawful for any recreational fisherman
or any commercial hook and line fisherman to take and
reduce to possession or to land summer flounder beginning
at 12:01 AM January 1, 2002 and ending midnight May 15,
2002. (Note: closed season to be determined in
combination with creel and minimum size limit.)
b) It shall be unlawful for any recreational fisherman
to have in possession more than four (4) summer flounder at
or between the place where said summer flounder were
caught and said recreational fisherman's personal abode or
temporary or transient place of lodging. (Note: creel limit to
be determined in combination with seasonal closure and
size limit.)
c) It shall be unlawful for any person, other than
qualified persons as set forth in paragraph (f) of this
regulation, to possess any summer flounder that measure less
than seventeen and one half (17.5) (Note: minimum size
limit to be determined in combination with seasonal
closure and creel limit.) inches between the tip of the snout
and the furthest tip of the tail.
d) It shall be unlawful for any person, while on board
a vessel, to have in possession any part of a summer flounder
that measures less than seventeen and one half (17.5) (Note:
minimum size limit to be determined in combination with
seasonal closure and creel limit.) inches between said part's
two most distant points unless said person also has in
possession the head, backbone and tail intact from which
said part was removed.
e) Is omitted intentionally.
f) Notwithstanding the size limits and possession
limits in this regulation, a person may possess a summer
flounder that measures no less than fourteen (14) inches
between the tip of the snout and furthest tip of the tail and a
quantity of summer flounder in excess of the possession
limit set forth in this regulation, provided said person has
one of the following:
1) A valid bill-of-sale or receipt indicating the
date said summer flounder were received, the amount of said
summer flounder received and the name, address and
signature of the person who had landed said summer
flounder.
2) A receipt from a licenses or permitted fish
dealer who obtained said summer flounder; or
3) A bill of lading while transporting fresh or
frozen summer flounder.
4) A valid commercial food fishing license and a
foodfishing equipment permit for gill nets.
g) Is omitted intentionally.
h) It shall be unlawful for any commercial
finfisherman to sell, trade and or barter any summer flounder
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
1
2
3
4
5
6
7
PROPOSED REGULATIONS 943
or part thereof that is landed in this State by said commercial
fisherman after a date when the de minimis amount of
commercial landings of summer flounder is determined to
have been landed in this State by the Department. The de
minimis amount of summer flounder shall be 0.1% of the
coast wide commercial quota as set forth in the Summer
Flounder Fishery management Plan approved by the Atlantic
States Marine Fisheries Commission.
i) It shall be unlawful for any vessel to land more than
200 pounds of summer flounder in any one day in this State.
j) It shall be unlawful for any person, who has been
issued a commercial foodfishing license and fishes for
summer flounder with any food fishing equipment other than
a gill net, to have in possession more than four (4) (Note:
creel limit to be determined in combination with seasonal
closure and size limit.) summer flounder at or between the
place where said summer flounder were caught and said
persons personal abode or temporary or transient place of
lodging.
Note: Proposed options for seasonal closures
associated with creel limits and minimum size limits to
restrict the recreational summer flounder harvest in
Delaware in 2003.
Opening Final Number of Bag Minimum
Option Day Day Open Days Limit Size
01-Jan 32-Jul 212 7 16"
01-Jan 06-Aug 218 5 16.5"
01-Jan 23-Aug 235 5 17"
25-May 02-Aug 70 7 16"
25-May 09-Aug 77 5 16.5"
25-May 27-Aug 95 5 17"
01-Jan 31-Dec 365 4 17.5"
No. 23 Black Sea Bass Size Limits;Trip Limits; Seasons;
Quotas
a) It shall be unlawful for any person to have in
possession any black sea bass Centropritis striata that
measures less than eleven (11) inches, total length.
b) It shall be unlawful for any recreational person to
have in possession any black sea bass that measures less than
eleven and one-half (11.5) twelve (12) inches total length.
c) It shall be unlawful for any person to possess on
board a vessel at any time or to land after one trip more than
the quantity of black sea bass determined by the Atlantic
States Marine Fisheries Commission for any quarter. The
Department shall notify each individual licensed to land
black sea bass for commercial purposes of the quarterly trip
limits established by the Atlantic States Marine Fisheries
Commission.
"One trip shall mean the time between a vessel
leaving its home port and the next time said vessel returns to
any port in Delaware." It shall be unlawful for any
recreational fisherman to have in possession more than 25
black sea bass at or between the place where said black sea
bass were caught and said recreational fisherman's personal
abode or temporary or transient place of lodging.
d) It shall be unlawful for any person to fish for black
sea bass for commercial purposes or to land any black sea
bass for commercial purposes during any quarter after the
date in said quarter that the Atlantic States Marine Fisheries
Commission determines that quarter's quota is filled." The
Department shall notify each individual licensed in
Delaware to land black sea bass for commercial purposes of
any closure when a quarterly quota is filled. It shall be
unlawful for any recreational fisherman to take and reduce to
possession or to land black sea bass during the periods
beginning at 12:01 AM on September 2, 2003 and ending at
midnight on September 15, 2003 and beginning at 12:01 AM
on December 1, 2003 and ending at midnight on December
31, 2003.
e) Is omitted intentionally.
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Statutory Authority: 29 Delaware Code,
Sections 5005(11) & 7903(10); 30 Del.C. 2004
Department of Health and Social Services
Delaware Economic Development Office
Tax Appeal Board
Notice of Amendments to and Re-proposal of the
Regulation Governing Neighborhood Assistance
Act Tax Credit Program
Title Of Regulation
Neighborhood Assistance Act Tax Credit Program
Regulation
Nature Of Proceedings; Synopsis Of The Subject And
Substance Of The Re-proposed Regulation And Of
Public Comments On The Initial Proposal
In accordance with procedures set forth in 29 Del. C.
Ch. 11, Subch. III and 29 Del. C. Ch. 101, the Secretary of
DHSS, the Director of DEDO and the members of the TAB
proposed to adopt a regulation pertaining to the tax credit set
forth in the Neighborhood Assistance Act, 30 Del. C.
§§2001 - 2007. The regulation sets forth certain
definitions pertaining to the Act and the regulation and
explains how to apply for approval of a Contribution or a
Program and the procedures pertaining to the application
process.
Notice of the public hearing to consider the proposed
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
944 PROPOSED REGULATIONS
regulation appeared in the Delaware Register of Regulations
on November 1, 2002, see 6 Del. Reg. 630 - 633
(November 1, 2002) and in Delaware newspapers of general
circulation on November 17, 2002 and in the Delaware
Register of Regulations on December 1, 2002, see 6 Del.
Reg. 820 - 821 in accordance with 29 Del. C. §10115(b).
An employee of DEDO designated by the Director of
DEDO, the Secretary of DHSS and the members of theTAB
in accordance with 29 Del.C. §10117(1) held the public
hearing on the Regulation on December 9, 2002 at the
offices of DEDO on the 10th floor of the Carvel State Office
Building, 820 N. French Street, Wilmington, DE, 19801, as
duly noticed.
At the public hearing on December 9, 2002,
representatives of the following individuals or organizations
made written and oral, or oral comments only: Senator
Margaret Rose Henry, Neighborhood Assistance Act
Advisory Counsel, Metropolitan Wilmington Urban League,
Neighborhood House, Inc., Delaware Association of
Community-Based Development Organizations,
WCCNPAC and Delaware Rural Housing Consortium. All
representatives of these organizations expressed support for
the goals of the Act and its implementation. Most of the
representatives also presented technical comments on the
Regulation, which fell into three areas of primary concern:
the definition of "Contribution," the definition of
"Impoverished Area" and the definition of "Resident-
Controlled." Two representatives also commented on other
matters: whether Neighborhood Organizations, Community
Development Corporations and Community-Based
Development Organizations must be organizations described
in Section 501(c)(3) of the Internal Revenue Code of 1986
and whether Neighborhood Organizations, Community
Development Corporations and Community-Based
Development Organizations must have been in existence for
a minimum time or have engaged in a minimum number of
projects.
The comments pertaining to the definition of
"Contribution" focused on whether it would be possible for
Applicants to make Contributions not only in cash, but inkind.
Comments focused on the first and last sentences of
the definition, which are contradictory. The intention of
DHSS, DEDO and TAB was to permit Contributions of the
Fair Market Value of goods and services, and the last
sentence of the definition was inadvertently not deleted in
the final draft of the Regulation as proposed. That sentence
is removed in the re-proposed version set forth below. Thus,
goods and services may be used as a Contribution to a
Neighborhood Organization, a Community Development
Corporation or a Community-Based Development
Organization as well as in a Program under which an
Applicant provides assistance directly to persons in an
Impoverished Area.
The comments pertaining to the definition of
"Impoverished Area" focused on the necessity for a separate
regulation-making proceeding by DHSS and the TAB to
delineate Impoverished Areas for purposes of the Act. The
organizations making comments asserted that such a
proceeding would unduly prolong the implementation of the
Act. The organizations suggested that various existing
definitions used by DHSS, DEDO and the Department of
Finance for other purposes could be adapted to define
Impoverished Areas. Among the existing measures
suggested were those used in the Delaware Strong
Communities Program and the definition of "targeted area"
used in 30 Del. C. §2020(1). One commenter suggested that
in rural portions of the State, pockets of poverty exist in
census tracts and even block group analyses that are not
classified as "low income" or "economically distressed."
Representatives of one organization suggested that the
definition of "Resident-Controlled" be changed so that only
one-third, rather than 51%, of the members of the governing
body of Neighborhood Organizations, Community
Development Corporations and Community-Based
Development Organizations should be required to reside or
work in the Impoverished Area served by the organization.
One representative suggested that eligible
Neighborhood Organizations, Community Development
Corporations and Community-Based Development
Organizations should not be limited solely to those described
by Section 501(c)(3) of the Internal Revenue Code of 1986.
The representative suggested that such organizations that
were exempt from income taxation under any provision of
the Internal Revenue Code of 1986 that otherwise met the
definitions in the Act should qualify.
Finally, one representative was concerned that one of
the Program Priorities in section 3.0(ii) of the Regulation
pertaining to the capacity of an Applicant to carry out a
Program or of a Neighborhood Organization, Community
Development Corporation or Community-Based
Development Organization not be interpreted as meaning
that an Applicant, Neighborhood Organization, Community
Development Corporation or Community-Based
Development Organization must have been in existence for
some minimum period of time or that it have engaged in a
minimum number of projects.
In light of the public comments summarized above, the
Secretary of DHSS, the Director of DEDO and the members
of the TAB have made certain changes in the originally
proposed regulation that are reflected in the text of the reproposed
regulation set forth below. The changes clarify
that in-kind contributions of goods and services were
intended to be included in the definition of "Contribution."
Further, the Secretary of DHSS, the Director of DEDO and
the members of the TAB have accepted the comments of the
public regarding the definition of "Impoverished Area" and
have included a substantive definition of the term to use pre-
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 945
existing geographic designations made for other purposes
that are based on census tracts. Additionally, the revised
definition will contain a mechanism to address the "pockets
of poverty" problem that was pointed out by one commenter.
These changes obviate the need for a separate regulatory
proceeding to define Impoverished Areas. The definition of
"Resident-Controlled" has not been amended in light of the
comments. The Secretary of DHSS, the Director of DEDO
and the members of the TAB believe that the 51% control
standard in the regulation assures that the residents of
Impoverished Areas will control Community Development
Corporations and Community-Based Development
Organizations operating in an Impoverished Area. The
Secretary of DHSS, the Director of DEDO and the members
of the TAB have concluded that the comments regarding
whether Neighborhood Organizations, Community
Development Corporations and Community-Based
Development Organizations must or must not be described
in section 501(c)(3) of the Internal Revenue Code of 1986
does not need to be addressed in the Regulation, because the
Act adequately addresses this question. Accordingly, no
change has been made to the Regulation in this respect. The
Secretary of DHSS, the Director of DEDO and the members
of the TAB have concluded that no change in the regulation
is necessary to address the concern expressed regarding
whether an organization must have been in existence for a
specific time period or whether it must have engaged in a
specific number of projects. Rather, the Secretary of DHSS,
the Director of DEDO and the members of the TAB
conclude that the capacity of Applicants to carry out
Programs, and of Neighborhood Organizations, Community
Development Corporations and Community-Based
Development Organizations to carry on specific activities
must be judged with flexibility, according to the specific
facts of a given proposal. Accordingly, no change has been
made to the Regulation in this respect.
Statutory Basis And Legal Authority To Act
29 Del. C. §§ 5005(11) & 7903(10); 30 Del. C. § 2004.
Other Regulations Affected
None.
How To Comment On The Re-proposed Regulation
Members of the public may receive a copy of the
proposed amendments to the regulation at no charge by
United States Mail by writing or calling Mr. Alex Bradley,
Delaware Economic Development Office, Carvel State
Office Building, 10th Floor, 820 N. Market Street,
Wilmington, DE, 19801, phone (302) 577-8477. Members
of the public may present written comments on the proposed
regulation by submitting such written comments to Mr. Alex
Bradley at the address of the Delaware Economic
Development Office set forth above. Written comments
must be received on or before Monday, March 3, 2003.
Proposed Neighborhood Assistance Act Tax Credit
Program Regulation
1.0 Introduction
This regulation is promulgated under the authority
granted by 30 Del. C. §2004 to the Secretary of DHSS, the
Director of DEDO, and the TAB to make regulations for the
approval or disapproval of Applications from Business
Firms for the NAA Credit. The Act, administered by
DHSS, DEDO & TAB, is the Neighborhood Assistance Act,
30 Del. C. §§ 2001 - 2007. The Act is designed to
encourage both Contributions by Business Firms to
Neighborhood Organizations, Community Development
Corporations and Community-Based Development
Organizations performing Community Service and offering
Neighborhood Assistance and the direct operation by
Business Firms of Programs for the provision of Job
Training, Education, Community Services, Crime
Prevention Housing and Economic Development to benefit
individuals living in Impoverished Areas.
This regulation sets forth the definition of certain terms
used in the Act and describes (i) the eligibility requirements
for Business Firms desiring to participate in the program, (ii)
the processes used by the Council to provide guidance and
recommendations to the Director of DEDO and the TAB on
business firms that should receive a tax credit, (iii) how to
apply for the tax credit, (iv) how the Council will assist
DEDO, DHSS and the TAB.
2.0 Definitions.
For purposes of this regulation, initially capitalized
terms not otherwise defined in this section 2.0 shall have the
meanings set forth in the Act.
For purposes of this regulation, initially capitalized
terms not defined by the Act shall have the following
definitions:
"Act" means the Neighborhood Assistance Act, 30 Del.
C. §§2001 - 2007, as amended from time to time.
"Administrator" means the DHSS, DEDO and the
TAB, with the guidance of the Council. For purposes of the
approval process over Applications, DEDO shall have
primary responsibility for administration of the Act.
"Applicant" means a Business Firm that makes an
application for approval of an Investment or a Program in
accordance with this regulation.
"Application" means an application made by an
Applicant on the form prescribed by the Administrator
setting forth pertinent information pertaining to (i) the
Applicant, (ii) the Investment proposed, including, as
appropriate, the qualification of the recipient of a
Contribution as a Neighborhood Organization, a Community
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
946 PROPOSED REGULATIONS
Development Corporation or Community-Based
Development Organization, (iii) the purposes for which such
Neighborhood Organization, a Community Development
Corporation or Community-Based Development
Organization will expend or use a Contribution, (iv) a
description of a Program, (v) the amount of cash or in-kind
support that will be used in the Program and detailed
information concerning the underlying factual basis and
valuation methodology that the Applicant used to value
goods and services proposed to be furnished in connection
with a Program, (vi) the Impoverished Area or Low Income
People involved, and (vii) such other information or types of
information as the Administrator deems necessary. The
Administrator may require submission of additional
materials to substantiate information elicited by an
Application.
"Contribution" means a contribution of money or of
goods and services, valued at their Fair Market Value, to (i) a
Neighborhood Organization for use by such organization in
providing Community Services or in offering Neighborhood
Assistance, or (ii) a Community Development Corporation
or Community-Based Development Organization for use by
such organization in the planning and implementation of
Economic Development projects.
"Council" means the Neighborhood Assistance Act
Advisory Council established by 30 Del. C. §2004.
"DEDO" means the Delaware Economic Development
Office.
"DHSS" means the Department of Health and Social
Services.
"Emergency Assistance" means the provision of
payments or services for families in order to eliminate or
alleviate an emergency condition. An "emergency
condition" is defined the loss of the family shelter or the loss
of energy supply to the family shelter.
"Fair Market Value" means, with respect to an item of
goods or services, the price in a market in which the item of
such goods or services is most commonly sold to the public
at which such item would change hands between an
unrelated willing buyer and an unrelated willing seller,
neither being under any compulsion to buy or to sell, and
both having reasonable knowledge of relevant facts.
"Impoverished Area" means any clearly-defined,
economically distressed urban or rural area in the State of
Delaware that has been certified as such by DHSS and
approved by the TAB. DHSS shall make its certification of
an Impoverished Area based on federal census studies and
current indices of social and economic conditions. The
following areas are hereby certified by DHSS and approved
by the TAB as Impoverished Areas: (i) census tracts
described in 30 Del. C. §2020(1)e., as amended, or in any
successor statutes thereto, and (ii) areas designated as
ranking "4" or "5" in the document prepared by DHSS in
July, 1997 entitled "Community Prioritization in Delaware"
and in any updated version of such document based on data
gathered by the federal government in the 2000 census and
on current indices of social and economic conditions.
Additionally, DHSS may certify and TAB may approve as
an Impoverished Area any area whose boundaries can be
described geographically and that meets one or more of the
following criteria: (A) the geographic area has a higher than
average percentage of households receiving public
assistance; (B) the rate of unemployment in the geographic
area is higher than average in the State; (C) the geographic
area has a higher than average concentration of residents
who are Low Income People; (D) the geographic area has a
demonstrated need for assistance in economic development,
has significant numbers of vacant or substandard properties
or infrastructure problems that may create substandard living
conditions or cause the area to be economically distressed;
and, (E) the population in the geographic area has special
needs to be served by the activities of a Neighborhood
Organization, Community Development Corporation or
Community-Based Development Organization. DHSS may
make the foregoing certification and TAB may approve such
certification based on a letter application to DHSS with
supporting documentation required by DHSS that is made by
an Applicant, or by a Neighborhood Organization,
Community Development Corporation or Community-
Based Development Organization. If the "Community
Prioritization in Delaware" document is updated based on
data gathered by the federal government in the 2000 census
and on current indices of social and economic conditions,
areas designated as ranking "4" or "5" in either version of
the document shall constitute Impoverished Areas during the
fiscal year of the State in which such update is made.
Thereafter, only areas designated as ranking "4" or "5" in
such updated version of "Community Prioritization in
Delaware" shall constitute Impoverished Areas; provided
however, that Applicants whose Applications have been
approved in accordance with Section 5.0 of this regulation
shall not, as a result of such update, be deprived of any NAA
Credit, including any carryforward thereof, based on such
Application.
"Investment" means (i) the amount of a Contribution
or (ii) the amount of money and the Fair Market Value of
goods and services proposed to be made or expended within
the taxable year of the Applicant on a Program.
"Locally Based" means, with respect to a Community
Development Corporation or a Community-Based
Development Organization, that such Community
Development Corporation or Community-Based
Development Organization is organized by residents of and
located in one or more of the Impoverished Areas in which
they serve.
"Low Income People" or "Low Income Person"
means individuals or an individual with an annual income
that is fifty percent (50%) or below the established median
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
PROPOSED REGULATIONS 947
income for the State or for any political subdivision thereof
for which median income data is available from the United
States census.
"NAA Credit" means the credit described in 30 Del. C.
§2005, subject to the limitations of 30 Del. C. §2006 and
regulations governing the NAA Credit promulgated by the
Delaware Division of Revenue.
"Program" means the direct provision by an Applicant
in an Impoverished Area of (i) Neighborhood Assistance, (ii)
Job Training for individuals not employed by the Applicant,
(iii) Education for individuals not employed by the
Applicant, (iv) Community Services, (v) Crime Prevention,
(vii) Housing, or (viii) Economic Development.
"Proposal" means the description of the relationship
between the Business Firm making an Application and the
Neighborhood Organization, Community Development
Corporation, or Community-Based Development
Organization to which the Business Firm will make a
Contribution and a description of how the Neighborhood
Organization will provide Community Services or
Neighborhood Assistance or of how the Community
Development Corporation or Community-Based
Development Organization will engage in Economic
Development.
"Resident-Controlled" means, for purposes of the
definition in the Act of the terms "Community Development
Corporation" and "Community-Based Development
Organization," an organization that otherwise meets the
definition of a "Community Development Corporation" or
"Community Based Development Organization" under the
Act, the by-laws or other organizational documents of which
require that at least fifty-one percent (51%) of the members
of the board of directors, or other governing body of such
organization, reside or work in the Impoverished Area
served by the organization.
"TAB" Means the Tax Appeal Board.
3.0 Program Priorities
Applications received for consideration of an
Investment must meet all eligibility requirements under the
Act and this regulation, including, but not limited to the
purpose of the Program or Proposal with respect the
Investment is to be made, the eligibility requirements for the
Business Firm making an Application and for the
Neighborhood Organization, Community Development
Corporation, or Community-Based Development
Organization that will receive a Contribution.
Applications will be reviewed and ranked on the
following factors: (i) financial feasibility of the Program or
Proposal, (ii) capacity of the Applicant to carry out a
Program or of the Neighborhood Organization, Community
Development Corporation, or Community-Based
Development Organization that will receive a Contribution
to implement the activities described in the Proposal; (iii)
specific description of goals to be achieved and the
relationship of such goals to the priorities established by the
Act; (iv) proposed methods by which the success of the
Program or Proposal can be measured; (v) specific
description of the impact of the Program or Proposal on an
Impoverished Area; and, (vi) other information requested in
the Application form prescribed by the Administrator and
any supplementary information requested by the
Administrator.
4.0 Making Application for NAA Credits
Applications may be submitted at any time directly to:
Administrator of the Neighborhood Assistance Act,
Delaware Economic Development Office, 99 Kings
Highway, Dover Delaware 19901. The Administrator will
review the Application for completeness. If the Application
is incomplete, the Administrator will return it to the
Applicant and shall specify in what regard it is incomplete.
The Administrator may also request additional in formation
or other documentation in support of an Application.
5.0 Procedures for Recommendation of Approval or
Disapproval of Application
5.1 Initial Processing and Distribution of Complete
Applications. When the Administrator finds that an
Application is complete, it shall submit copies of the
Application to DEDO, the members of the TAB and the
members of the Council.
5.2 Council Review of Application.
5.2.1 The Council shall review Applications
transmitted to it by the Administrator in accordance with
Section 5.1 hereof at its public meetings held in compliance
with 29 Del. C. §10004. In addition to posting its agenda
publicly, as required by 29 Del. C. §10004(e), the Council
shall mail a written notice of such meetings to all Applicants
whose Applications will be reviewed by the Council at such
meetings at least seven days in advance of such meetings.
5.2.2 At its meeting, the Council shall review
the completed Applications based on eligibility criteria set
forth in the Act and this regulation.
5.2.3 The Council shall prepare a written
recommendation to the Director of DEDO and the members
of the TAB on all Applications reviewed at its meetings.
The Council's recommendation shall include a
recommendation for the approval or disapproval of an
Application and a recommended amount of the Investment
to be approved. The Council shall send its written
recommendation to the Director of DEDO, the members of
the TAB and the Applicant.
5.3 Hearing on Application
5.3.1 In General. Hearings on all Applications
shall be conducted jointly by (i) the Director of DEDO, or an
employee of DEDO designated by the Director of DEDO,
and (ii) the members of the TAB to consider Applications
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
948 PROPOSED REGULATIONS
based on the criteria for eligibility set forth in the Act and in
this regulation and on the recommendation of the Council. If
the Director of DEDO and the members of the TAB so
agree, the hearing may be conducted by an employee of
DEDO designated as a hearing officer by both the Director
of DEDO and the members of the TAB.
5.3.2 Scheduling of Hearings. The Director of
DEDO and the members of the TAB, or the hearing officer
designated by them in accordance with section 5.3.1, shall
schedule a hearing on an Application after receiving the
written recommendation of the Council described in
subsection 5.2.3 hereof and shall notify the Applicant of the
hearing in compliance with the provisions of 29 Del C.
§10122. The recommendation of the Council shall become
part of the record in the hearing, and the Applicant will be
asked to stipulate to the inclusion of such recommendation in
the record of the hearing; provided, however, that the
Applicant shall have the opportunity to introduce evidence
and testimony at the hearing to supplement or contradict the
recommendation.
5.3.3 Conduct of Hearing; Burden of Proof. The
hearing shall be conducted on the record in accordance with
the procedures for agency case decisions set forth in 29 Del.
C. §§ 10121 - 10129. The burden of proof shall always be
on the Applicant.
5.3.4 Final Order; Proposed Order. The
Director of DEDO and the members of the TAB shall decide
whether to approve or disapprove an Application, with or
without modification of the Investment or Program, and on
the amount of the approved Investment or Program based on
the entire record of the case and shall issue a final order in
accordance with 29 Del. C. § 10128. If a designated hearing
officer conducts the hearing, such hearing officer shall
comply with the requirements of 29 Del. C. § 10126 in
preparing a proposed order for the consideration of the
Director of DEDO and the members of the TAB, a copy of
which shall be such section.
STATE EMPLOYEE BENEFITS
COMMITTEE
Statutory Authority: 29 Delaware Code,
Sections 5210(4), 9602(b)(4)
(29 Del. C. §§5210(4), 9602(b)(4))
PLEASE TAKE NOTICE, pursuant to 29 Del. C.
Chapter 101 and 29 Del. C. Sections 5210(4), 9602(b)(4),
the Delaware State Employee Benefits Committee proposes
to revise its Group Health Care Insurance Eligibility and
Coverage Rules. The proposed amendment inserts a new
sentence in Rule 7.01 that clarifies that coverage is retained
under certain circumstances for public school or higher
education employees through the end of the summer.
The public hearing originally scheduled and noticed for
December 5, 2002 was canceled due to inclement weather.
The public hearing on the proposed revisions to the Group
Health Care Insurance Eligibility and Coverage Rules will
be held on Friday, February 28, 2003 at 1:00 p.m., in Room
205, Second Floor Conference Room, of the Public Safety
Building, 303 Transportation Circle, Dover, Delaware,
19901. The State Employee Benefits Committee will
receive and consider input in writing from any person on the
proposed revisions to the Group Health Care Insurance
Eligibility and Coverage Rules. Any written comments
should be submitted to the Committee in care of Brenda L.
Lakeman at the State Personnel Office, Blue Hen Corporate
Center, 655 South Bay Road, Suite 202, Dover, Delaware
19901. The final date to submit written comments shall be
March 3, 2003. Anyone wishing to obtain a copy of the
proposed Group Health Care Insurance Eligibility and
Coverage Rules or to make comments at the public hearing
should notify Brenda L. Lakeman at the above address by
calling (302) 739-8331.
This notice will be published in two newspapers of
general circulation not less than twenty (20) days prior to the
date of the hearing.
State Of Delaware
State Employee Benefits Committee
Group Health Care Insurance
Proposed Revisions To Eligibility And Coverage Rules
7.01 Coverage ends on the last day of the month in
which the employee terminates employment. A public
school or higher education employee (less than 12 month
employee) whose employment during a school year
continues through the last scheduled work day of that school
year shall retain coverage through August 31 of the same
year so long as the required contributions have been made.
In the event an Employee fails to make the required
contributions for any optional coverage selected, coverage
will revert to "Basic" coverage on the first day of the month
for which the Employee failed to make the required
contribution. If an employee works one day in the month in
which they terminate, they shall earn state share for the
entire month.
PLEASE NOTE: AS THE REMAINDER OF THE REGULATION
IS NOT BEING MODIFIED IT IS NOT BEING PUBLISHED.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 949
Symbol Key
Roman type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text
added at the time of the proposed action. Language which is stricken through indicates text being deleted. [Bracketed Bold
language] indicates text added at the time the final order was issued. [Bracketed stricken through] indicates language
deleted at the time the final order was issued.
Final Regulations
The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in
the Register of Regulations. At the conclusion of all hearings and after receipt within the time allowed of all written materials,
upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and
information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and
shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2)
A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being
adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be
supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted,
amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under
which the agency has authority to act; and (7) The signature of at least a quorum of the agency members.
The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the
date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations,
unless such adoption, amendment or repeal qualifies as an emergency under §10119.
DELAWARE COUNCIL ON
POLICE TRAINING
Statutory Authority: 11 Delaware Code,
Section 8404(a)(5) (11 Del.C. §8404(a)(5))
ORDER
I. Summary of the Evidence and Information Submitted
The Chairman of the Council on Police Training
approves the proposed regulation as published in the
Delaware Registry of Regulations on December 1, 2002.
Notices of the proposed regulation were published in The
News Journal and the Delaware State News on November
29, 2002 in the form attached hereto as Exhibits A and B.
The notices invited written comments (only one was
received). The notices also invited the public to attend a
hearing on December 19, 2002 to comment on the proposed
regulation. No members of the public attended the hearing.
II. Findings of Facts.
The Chairman finds that it is necessary to adopt the
regulation to promote public safety.
III. Decision To Adopt the Regulation.
For the foregoing reasons, the Chairman concludes that
it is necessary to adopt the regulation. Therefore, pursuant to
11 Delaware Code § 8404(a)(14), the regulation attached
hereto as Exhibit C is hereby adopted.
IV. Text and Citation.
The text of the regulation amended hereby shall be in
the form attached hereto as Exhibit C, and said regulation
shall be cited in the Regulations of the Council on Police
Training.
V. Effective Date of Order.
The action referred to above was taken on January 15,
2003. The effective date of this Order shall be ten (10) days
from the date this Order is published in the Delaware
Register of Regulations.
IT IS SO ORDERED, this 15th day of January, 2003.
Richard Carmean/Chairman, Council on Police Training
As authorized by 8404(a)(5): In order to retain
certification, all police officers in the State of Delaware must
receive recertification in Emergency Care every three years,
and recertification in C.P.R. annually from a certified
Council on Police Training or Delaware State Fire School
instructor. The Chief of Police shall forward to the
Administrator, documentation of recertification for each
officer under his/her command within 90 days of the
anniversary of initial Emergency Care & C.P.R.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
950 FINAL REGULATIONS
Certification.
All police officers in the State of Delaware shall have
successfully completed a First Responder course adhering to
the United States Department of Transportation curriculum
for First Responder courses as offered by the Delaware State
Fire School or as taught in a certified police training
academy by a credentialed medical services instructor.
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF VETERINARY MEDICINE
24 DE Admin. Code 3300
Statutory Authority: 24 Delaware Code
Section 3306(a)(1) (24 Del.C. §3306(a)(1))
ORDER
Summary of the Evidence and Information Submitted
Written Comments
There were no written comments received addressing
the proposed rules and regulations.
Sworn Testimony
No member of the public appeared to offer testimony
addressing the proposed rules and regulations.
Findings of Fact
1. Pursuant to 24 Del. C. § 3306 (a) (1), the Board of
Veterinary Medicine of the State of Delaware (the "Board")
proposed to revise Rule 2.1 in its Rules and Regulations as
more specifically set forth in the Hearing Notice which is
attached hereto as Exhibit "A" and incorporated herein.
2. Pursuant to 29 Del. C. § 10115, notice was given to
the public that a hearing would be held on December 17,
2002, at 1:00 p.m. in the Second Floor Conference Room
"A" of the Cannon Building, 861 Silver Lake Boulevard,
Dover, Delaware to consider the proposed revision. Notice
was posted in two Delaware newspapers of general
circulation as more specifically set forth in the affidavits
which are attached hereto as Exhibits "B" and "C" and
incorporated herein.
3. The notice invited the public to submit written
comments regarding the proposed revision.
4. A hearing was held on December 17, 2002, at
which a quorum of the Board of Veterinary Medicine was
present.
5. The Board has decided that the revision to Rule 2.1
is necessary to prohibit advertising an emergency hospital or
clinic or emergency services without including in the
advertisement the hours during which such emergency
services are provided and the availability of the veterinarian
who is to provide the emergency services, or failing to
provide such services during the hours advertised.
6. The Board of Veterinary Medicine finds the
proposed revision serves to implement or clarify 24 Del. C.
Chapter 33.
Text and Citation
The text of the Rules and Regulations hereby
promulgated are as it appeared in the Delaware Register of
Regulations, Vol. 6, Issue 5 (November 1, 2002). The text
is attached hereto as Exhibit "E" with the changes noted.
Decision
NOW, THEREFORE, based on the Board of
Veterinary Medicine's authority to formulate rules and
regulations pursuant to 24 Del. C. § 3306 (a) (1), it is the
decision of the Board of Veterinary Medicine to adopt the
proposed revision to Rule 2.1 of its Rules and Regulations.
The Board has decided that the revision to Rule 2.1 is
necessary to prohibit advertising an emergency hospital or
clinic or emergency services without including in the
advertisement the hours during which such emergency
services are provided and the availability of the veterinarian
who is to provide the emergency services, or failing to
provide such services during the hours advertised. A copy
of the rules and regulations is attached hereto as Exhibit "F"
with the changes incorporated herein. Such regulations shall
be effective ten days after the date this Order is published in
its final form in the Register of Regulations.
IT IS SO ORDERED this 14th day of January, 2003.
Delaware State Board Of Veterinary Medicine
Sharon Little, D.V.M., President
Madelyn Nellius, Vice-President, Public Member
John T. Gooss, V.M.D., Professional Member
Marie-Anne Woolley, D.V.M., Professional Member
William Cross, Public Member
1.0 Direct Supervision
2.0 Unprofessional Conduct
3.0 Privileged Communications
4.0 Veterinary Premises and Equipment
5.0 Qualification for Licensure by Examination as a
Veterinarian
6.0 Character of Examination - North American
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 951
Veterinary Licensing Examination (NAVLE)
7.0 Reciprocity
8.0 Licensure - Renewal
9.0 Continuing Education
10.0 Voluntary Treatment Option
1.0 DIRECT SUPERVISION (24 Del.C. § 3303(10))
1.1 Direct Supervision - refers to the oversight of any
person performing support activities (support personnel) by
a licensed Delaware veterinarian. Oversight includes control
over the work schedule of the person performing support
activities and any remuneration the person receives for
performing such activities. Oversight does not include
remuneration paid directly to support personnel by the
public. The constant physical presence of the licensed
veterinarian on the premises is not required, however, if the
licensed veterinarian is accessible to support personnel by
electronic means or has arranged for another supervising
licensed veterinarian to be accessible by electronic means.
All acts by support personnel not prohibited by Rule 1.2
which constitute the practice of veterinary medicine under
24 Del.C. § 3302 (6) must be performed under direct
supervision. Direct supervision of support personnel also
includes:
1.1.1 The initial examination of the animal by
the veterinarian prior to the delegation of work to be
performed by support personnel. The veterinarian may,
however, authorize support personnel to administer
emergency measures prior to the initial examination.
1.1.2 The development of a treatment plan by
the veterinarian that shall be referenced by support
personnel.
1.1.3 The authorization by the veterinarian of
the work to be performed by support personnel.
1.2 At no time may support personnel perform the
following activities (24 Del. C. § 3303(10)):
1.2.1 Diagnosing.
1.2.2 Prescribing.
1.2.3 Inducing Anesthesia.
1.2.4 Performing Surgery.
1.2.5 Administration of RabiesVaccinations.
1.2.6 Operative dentistry and oral surgery.
1.2.7 Centesis of body structures (not to include
venipuncture and cystocentesis) in other than emergency
situations.
1.2.8 The placement of tubes into closed body
structures, such as chest tubes, in other than emergency
situations (not to include urinary or IV catheters).
1.2.9 Splinting or casting of broken bones in
other than emergency situations.
1.2.10 Euthanasia.
1.2.11 Issue health certificates.
1.2.12 Perform brucellosis, equine infectious
anemia and tuberculosis tests and other tests which are
regulated by federal and state guidelines.
See 6 DE Reg. 273 (9/1/02)
2.0 UNPROFESSIONAL CONDUCT (24 Del.C. §
3313(a)(1))
2.1 Unprofessional conduct in the practice of
veterinary medicine shall include, but not be limited to, the
following;
2.1.1 Allowing support personnel to perform the
acts forbidden under Section 1.2 of the Rules and
Regulations.
2.1.2 Allowing support personnel to perform
tasks without the required direct supervision as specified in
Section 1.1 of the Rules & Regulations.
2.1.3 Representation of conflicting interests
except by express consent of all concerned. A licensee
represents conflicting interests if while employed by a buyer
to inspect an animal for soundness he or she accepts a fee
from the seller. Acceptance of a fee from both the buyer and
the seller is prima facie evidence of fraud.
2.1.4 Use by a veterinarian of any certificate,
college degree, license, or title to which he or she is not
entitled.
2.1.5 Intentionally performing or prescribing
treatment, which the veterinarian knows to be unnecessary,
for financial gain.
2.1.6 Placement of professional knowledge,
attainments, or services at the disposal of a lay body,
organization or group for the purpose of encouraging
unqualified groups or individuals to perform surgery upon
animals or to otherwise practice veterinary medicine on
animals that they do not own.
2.1.7 Destruction of any part of a patient's
records before a minimum of three (3) years have elapsed
from the last entry in the medical record shall be considered
unprofessional conduct. Records are to include, but are not
limited to, information such as written or electronic
documentation, rabies records, radiographs, ultrasounds,
laboratory, and histopathological/ results.
2.1.8 Cruelty to animals. Cruelty to animals
includes, but is not limited to, any definition of cruelty to
animals under 11 Del.C. § 1325.
2.1.9 Cruelty to animals. Cruelty to animals
includes, but is not limited to, any definition of cruelty to
animals under 11 Del. C. § 1325.
2.1.9.1 Animal housing (such as cages,
shelters, pens and runs) should be designed with maintaining
the animal in a state of relative thermal neutrality, avoiding
unnecessary physical restraint, and providing convenient
access to appropriate food and water. If animals are group
housed, they should be maintained in compatible groups
without overcrowding.
2.1.9.2 Housing should be kept in good repair
to prevent injury to the animal.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
952 FINAL REGULATIONS
2.1.9.3 Failure to take precautions to prevent
the spread of communicable diseases in housing animals.
2.1.10 Leaving an animal during the maintenance
stage of anesthesia.
2.1.11 Improper labeling of prescription drugs.
The package or label must contain:
2.1.10.1 Name, strength, and quantity of the
drug;
2.1.10.2 Usage directions.
2.1.12 Failure to make childproof packaging
available for prescription drugs upon the request of a client.
2.1.13 Misrepresenting continuing education
hours to the Board.
2.1.14 Failure to obey a disciplinary order of the
Board.
2.1.15 Prescribing medication without examining
the animal(s) within a period of one year.
2.1.16 Advertising an emergency hospital or
clinic or emergency services without including in the
advertisement the hours during which such emergency
services are provided and the availability of the veterinarian
who is to provide the emergency services, or failing to
provide such services during the hours advertised. The
availability of the veterinarian who is to provide emergency
service shall be specified as either "veterinarian on
premises" or "veterinarian on call." The phrase
"veterinarian on call" shall mean that a veterinarian is not
present at the hospital, but is able to respond within a
reasonable time to requests for emergency services and has
been designated to so respond.
See 5 DE Reg. 1897 (4/1/02)
See 5 DE Reg. 1962 (5/1/02)
See 6 DE Reg. 273 (9/1/02)
3.0 PRIVILEGED COMMUNICATIONS (24 Del.C. §
3313(a)(7))
3.1 Privileged Communications. Veterinarians must
protect the personal privacy of patients and clients by not
willfully revealing privileged communications regarding the
diagnosis and treatment of an animal. The following are not
considered privileged communications:
3.1.1 The sharing of veterinary medical
information regarding the diagnosis and treatment of an
animal when required by law, subpoena, or court order or
when it becomes necessary to protect the health and welfare
of other individuals or animals.
3.1.2 The sharing of veterinary medical
information between veterinarians or facilities for the
purpose of diagnosis or treatment of animals.
3.1.3 The sharing of veterinary medical
information between veterinarians and peace officers,
humane society officers, or animal control officers who are
acting to protect the welfare of individuals or animals.
See 6 DE Reg. 273 (9/1/02)
4.0 VETERINARY PREMISES & EQUIPMENT (24
Del.C. § 3313 (9))
4.1 The animal facility shall be kept clean. A regular
schedule of sanitary maintenance is necessary, including the
elimination of wastes.
4.2 Animal rooms, corridors, storage areas, and other
parts of the animal facility shall be washed, scrubbed,
vacuumed, mopped, or swept as often as necessary, using
appropriate detergents and disinfectants to keep them free of
dirt, debris, and harmful contamination.
4.3 Animal cages, racks, and accessory equipment,
such as feeders and water utensils, shall be washed and
sanitized as often as necessary to keep them physically clean
and free from contamination. In addition, cages should
always be sanitized before new animals are placed in them.
Sanitizing may be accomplished either by washing all soiled
surfaces with a cleaning agent having an effective
bactericidal action or with live steam or the equivalent
thereof.
4.4 Cages or pens from which animal waste is removed
by hosing or flushing shall be cleaned and suitably
disinfected one or more times daily. Animals should be
removed from cages during servicing in order to keep the
animals dry.
4.5 If litter or bedding such as paper is used in animal
cages or pens, it shall be changed as often as necessary to
keep the animals clean.
4.6 Waste disposal must be carried out in accordance
with good public health practice and federal and state
regulations. Waste materials should be removed regularly
and frequently so that storage of waste does not create a
nuisance.
4.7 Biomedical waste such as culture plates, tubes,
contaminated sponges, swabs, biologicals, needles, syringes,
and blades, must be disposed of according to federal and
state guidelines. Before disposing of blood soiled articles,
they shall be placed in a leak-proof disposable container
such as a plastic sack or a plastic-lined bag.
4.8 Proper refrigeration and sterilization equipment
should be available.
4.9 Adequate safety precautions must be used in
disposing animal carcasses and tissue specimens. An animal
carcass shall be disposed of promptly according to federal
and state law and regulations. If prompt disposal of an
animal carcass is not possible, it shall be contained in a
freezer or stored in a sanitary, non-offensive manner until
such time as it can be disposed. Livestock shall be disposed
of by any acceptable agricultural method.
4.10 The elimination or effective control of vermin
shall be mandatory.
See 6 DE Reg. 273 (9/1/02)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 953
5.0 QUALIFICATION FOR LICENSURE BY
EXAMINATION AS A VETERINARIAN (24 Del.C. §
3307)
5.1 The applicant shall file the following documents:
5.1.1 Completed application form obtained from
the Board office. The application fee shall be set by the
Division of Professional Regulation. The check for the
application fee should be made payable to the State of
Delaware.
5.1.2 Official transcript from an AVMA
approved veterinary college or university or its equivalent
(Educational Commission for Foreign Veterinary
Graduates).
5.1.3 Letters of good standing from any other
jurisdictions in which the applicant is/or has been licensed.
5.1.4 North American Veterinary Licensing
Examination (NAVLE) score or both the official National
Board Examination (NBE) and Clinical Competency Test
(CCT) scores, unless the applicant meets the statutory
exemptions in 24 Del. C. § 3309.
5.1.5 Check or money order for the amount
established by the Division of Professional Regulation. The
license fee shall by set by the Division of Professional
Regulation. Fees should be made payable to the "State of
Delaware."
5.2 Only completed application forms will be accepted.
In the case of incomplete application forms, omissions will
be noted to the applicant. Any information provided to the
Board is subject to verification.
5.3 Applications for any licensure submitted by final
year veterinary students enrolled in an AVMA accredited
university for the purpose of taking the NAVLE exam will
be considered complete only upon proof of the applicant's
graduation. Such applicants must demonstrate probability of
graduation and will not be considered for any licensure until
proof of graduation is submitted to the Board.
See 6 DE Reg. 273 (9/1/02)
6.0 CHARACTER OF EXAMINATION - NORTH
AMERICAN VETERINARY LICENSING
EXAMINATION (NAVLE) (24 Del.C. § 3306)
6.1 Examination for licensure to practice veterinary
medicine in the State of Delaware shall consist of the North
American Veterinary Licensing Examination (NAVLE) after
November 2000 or its successor.
6.1.1 The passing score for the NAVLE shall be
the score as recommended by the National Board of
Veterinary Medical Examiners or its successor.
See 6 DE Reg. 273 (9/1/02)
7.0 RECIPROCITY (24 Del. C. § 3309)
Applications for licensure by reciprocity shall be the
same application used for licensure by examination and be
subject to the same application requirements set forth in 24
Del. C. § 3309.
See 6 DE Reg. 273 (9/1/02)
8.0 LICENSURE - RENEWAL (24 Del.C. § 3311)
8.1 All licenses are renewed biennially (every 2 years).
A licensee may have his/her license renewed by submitting a
renewal application to the Board by the renewal date and
upon payment of the renewal fee prescribed by the Division
of Professional Regulation along with evidence of
completion of continuing education requirements.
Continuing education requirements for renewal are specified
in Section 9.0. The failure of the Board to give, or the failure
of the licensee to receive, notice of the expiration date of a
license shall not prevent the license from becoming invalid
after its expiration date.
8.2 Any licensee who fails to renew his/her license by
the renewal date may still renew his/her license during the
one (1) year period immediately following the renewal date
provided the licensee pay a late fee established by the
Division of Professional Regulation in addition to the
established renewal fee and submitting the continuing
education requirements for renewal as specified in Section
9.0.
See 6 DE Reg. 273 (9/1/02)
9.0 CONTINUING EDUCATION (24 Del.C. § 3311(b))
9.1 Any veterinarian actively licensed to practice in the
State of Delaware shall meet the following continuing
education requirements to the satisfaction of the Board.
9.1.1 Twenty-four (24) hours of approved
certified continuing education credits must be completed for
the immediate two year period preceding each biennial
license renewal date.
9.1.2 The number of credit hours shall be
submitted to the Board with each biennial license renewal
application on the proper reporting form supplied by the
Board. The continuing education credit hours shall be
submitted to the Board no later than 60 days prior to the
biennial license renewal date. The Board may audit the
continuing education credit hours submitted by a licensee.
9.1.3 A veterinarian may apply to the Board in
writing for an extension of the period of time needed to
complete the continuing education requirement for good
cause such as illness, extended absence from the country, or
unique personal hardship which is not the result of
professional negligence.
9.2 Continuing Education Requirements for
Reinstatement of Lapsed License
9.2.1 Any veterinarian whose license to practice
in the State of Delaware has lapsed and who has applied for
reinstatement shall meet the following continuing education
requirements to the satisfaction of the Board.
9.2.1.1 Lapse of 12 to 24 months. Twentyfour
(24) hours of continuing education credits must be
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
954 FINAL REGULATIONS
completed. The 24 hours of continuing education credits
must have been completed within 2 years prior to the request
for reinstatement.
9.2.1.2 Lapse of over 24 months. Thirty-six
(36) hours of continuing education credits must be
completed. The 36 hours of continuing education credits
must have been completed within 4 years prior to the request
for reinstatement.
9.3 Continuing Education Requirements for
Reinstatement of Inactive License
9.3.1 Twenty-four (24) hours of continuing
education credits must be submitted for licensees on the
inactive roster who wish to remove their license from
inactive status. The 24 hours of continuing education credits
must have been completed within 2 years prior to the request
for removal from inactive status.
9.4 The Board may approve continuing education
courses or sponsors upon written application on Board
supplied forms. In addition, the Board may approve
continuing education courses or sponsors on its own motion.
9.5 The following organizations are approved for
formal continuing education activities.
9.5.1 AVMA.
9.5.2 AVMA accredited schools.
9.5.3 Federal/State/County Veterinary
Associations & USDA.
9.5.4 Compendium on Continuing Education for
the Practicing Veterinarian; NOAH; VIN.
9.5.5 Registry of Approved Continuing
Education (RACE) courses.
9.6 Accreditation by the Board of continuing education
courses will be based upon program content. Continuing
education courses shall be directed toward improvement,
advancement, and extension of professional skill and
knowledge relating to the practice of veterinary medicine.
9.6.1 University course work, subject to Board
approval.
9.6.2 Veterinary course work completed prior to
graduation may be approved for continuing education credit
for the first renewal period after graduation provided the
course work was completed no more that 2 1/2 years before
the renewal date.
9.6.3 Government Agencies.
9.6.4 Other forms of CE as long as and the
activity is approved by the Board.
9.7 The Board may at any time re-evaluate an
accredited course or sponsor and withdraw future approval
of a previously accredited continuing education course or
sponsor.
See 6 DE Reg. 273 (9/1/02)
10.0 VOLUNTARY TREATMENT OPTION
10.1 If the report is received by the chairperson of
the regulatory Board, that chairperson shall immediately
notify the Director of Professional Regulation or his/her
designate of the report. If the Director of Professional
Regulation receives the report, he/she shall immediately
notify the chairperson of the regulatory Board, or that
chairperson's designate or designates.
10.2 The chairperson of the regulatory Board or that
chairperson's designate or designates shall, within 7 days of
receipt of the report, contact the individual in question and
inform him/her in writing of the report, provide the
individual written information describing the Voluntary
Treatment Option, and give him/her the opportunity to enter
the Voluntary Treatment Option.
10.3 In order for the individual to participate in the
Voluntary Treatment Option, he/she shall agree to submit to
a voluntary drug and alcohol screening and evaluation at a
specified laboratory or health care facility. This initial
evaluation and screen shall take place within 30 days
following notification to the professional by the participating
Board chairperson or that chairperson's designate(s).
10.4 A regulated professional with chemical
dependency or impairment due to addiction to drugs or
alcohol may enter into the Voluntary Treatment Option and
continue to practice, subject to any limitations on practice
the participating Board chairperson or that chairperson's
designate or designates or the Director of the Division of
Professional Regulation or his/her designate may, in
consultation with the treating professional, deem necessary,
only if such action will not endanger the public health,
welfare or safety, and the regulated professional enters into
an agreement with the Director of Professional Regulation or
his/her designate and the chairperson of the participating
Board or that chairperson's designate for a treatment plan
and progresses satisfactorily in such treatment program and
complies with all terms of that agreement. Treatment
programs may be operated by professional Committees and
Associations or other similar professional groups with the
approval of the Director of Professional Regulation and the
chairperson of the participating Board.
10.5 Failure to cooperate fully with the participating
Board chairperson or that chairperson's designate or
designates or the Director of the Division of Professional
Regulation or his/her designate in regard to the Voluntary
Treatment Option or to comply with their requests for
evaluations and screens may disqualify the regulated
professional from the provisions of the Voluntary Treatment
Option, and the participating Board chairperson or that
chairperson's designate or designates shall cause to be
activated an immediate investigation and institution of
disciplinary proceedings, if appropriate, as outlined in
subsection (h) of this section.
10.6 The Voluntary Treatment Option may require a
regulated professional to enter into an agreement which
includes, but is not limited to, the following provisions:
10.6.1 Entry of the regulated professional into a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 955
treatment program approved by the participating Board.
Board approval shall not require that the regulated
professional be identified to the Board. Treatment and
evaluation functions must be performed by separate agencies
to assure an unbiased assessment of the regulated
professional's progress.
10.6.2 Consent to the treating professional of the
approved treatment program to report on the progress of the
regulated professional to the chairperson of the participating
Board or to that chairperson's designate or designates or to
the Director of the Division of Professional Regulation or
his/her designate at such intervals as required by the
chairperson of the participating Board or that chairperson's
designate or designates or the Director of the Division of
Professional Regulation or his/her designate, and such
person making such report will not be liable when such
reports are made in good faith and without malice.
10.6.3 Consent of the regulated professional, in
accordance with applicable law, to the release of any
treatment information from anyone within the approved
treatment program.
10.6.4 Agreement by the regulated professional
to be personally responsible for all costs and charges
associated with the Voluntary Treatment Option and
treatment program(s). In addition, the Division of
Professional Regulation may assess a fee to be paid by the
regulated professional to cover administrative costs
associated with the Voluntary Treatment Option. The
amount of the fee imposed under this subparagraph shall
approximate and reasonably reflect the costs necessary to
defray the expenses of the participating Board, as well as the
proportional expenses incurred by the Division of
Professional Regulation in its services on behalf of the Board
in addition to the administrative costs associated with the
Voluntary Treatment Option.
10.6.5 Agreement by the regulated professional
that failure to satisfactorily progress in such treatment
program shall be reported to the participating Board's
chairperson or his/her designate or designates or to the
Director of the Division of Professional Regulation or his/
her designate by the treating professional who shall be
immune from any liability for such reporting made in good
faith and without malice.
10.6.6 Compliance by the regulated professional
with any terms or restrictions placed on professional practice
as outlined in the agreement under the Voluntary Treatment
Option.
10.7 The regulated professional's records of
participation in the Voluntary Treatment Option will not
reflect disciplinary action and shall not be considered public
records open to public inspection. However, the participating
Board may consider such records in setting a disciplinary
sanction in any future matter in which the regulated
professional's chemical dependency or impairment is an
issue.
10.8 The participating Board's chairperson, his/her
designate or designates or the Director of the Division of
Professional Regulation or his/her designate may, in
consultation with the treating professional at any time during
the Voluntary Treatment Option, restrict the practice of a
chemically dependent or impaired professional if such action
is deemed necessary to protect the public health, welfare or
safety.
10.9 If practice is restricted, the regulated
professional may apply for unrestricted licensure upon
completion of the program.
10.10 Failure to enter into such agreement or to
comply with the terms and make satisfactory progress in the
treatment program shall disqualify the regulated professional
from the provisions of the Voluntary Treatment Option, and
the participating Board shall be notified and cause to be
activated an immediate investigation and disciplinary
proceedings as appropriate.
See 5 DE Reg. 1962 (5/1/02)
See 6 DE Reg. 273 (9/1/02)
DEPARTMENT OF EDUCATION
14 DE Admin. Code 525
Statutory Authority: 14 Delaware Code,
Section 122(d) (14 Del.C. §122(d))
Regulatory Implementing Order
525 Requirements for Vocational-Technical Education
Programs
530 Cooperative Education
535 Diversified Occupations Programs
I. Summary Of The Evidence And Information
Submitted
The Secretary of Education seeks the consent of the
State Board of Education to amend regulations 525
Requirements for Vocational-Technical Education
Programs, 530 Cooperative Education and 535 Diversified
Occupations Programs by adding regulations 530 and 535 to
regulation 525 making one regulation instead of three. Other
amendments include substituting the word "Career" for the
word "Vocational" (including the word "Vocational" in the
title of regulation 525) when applied to teachers and
programs and correcting the names of three student
organizations. Language was also removed from Sections
2.1 and 2.11 that could have restricted the approval of certain
Career and Technical Programs in the regular high schools in
the state (required as per Section 264 of the 2003 Budget
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
956 FINAL REGULATIONS
Epilogue). Additional amendments were made for clarity in
3.3. and 4.3 concerning the inclusion of training objectives
in each student's training agreement and the ages and
signatures required for the State Work Permit for Minors.
Comments on the regulation were received from the
Governor's Advisory Committee for Exceptional Citizens
and the State Council for Persons with Disabilities
concerning the impact of grade level requirements on the
participation of Idea, Section 504 and ADA eligible students.
In response to the concerns expressed additional statements
were added to sections 3.0 and 4.0 to make it clear that the
IEP team may, in concert with the Career-Technical Teacher
Coordinator, authorize participation in these programs by the
IDEA eligible students. Section 1.0 of the proposed
regulation requires that Career-Technical Education
Programs comply with the State Plan for Career-Technical
Education. The State Plan requires compliance with the
Rehabilitation Act of 1973 and the Americans with
Disabilities Act such that no further regulatory reference to
these laws is necessary for students protected by them.
Notice of the proposed regulation was published in the
News Journal and the Delaware State News on November
21, 2002, in the form hereto attached as Exhibit A.
II. Findings Of Facts
The Secretary finds that it is appropriate to amend this
regulation in order to update the terminology, to place all
Career-Vocational programs in the same regulation and to
correct a reference to restrictions on Career and Technical
Programs in regular high schools required by language in
the 2003 Budget Epilogue.
III. Decision To Amend The Regulation
For the foregoing reasons, the Secretary concludes that
it is appropriate to amend the regulation. Therefore,
pursuant to 14 Del. C. §122, the regulation attached hereto as
Exhibit "B" is hereby amended. Pursuant to the provision of
14 Del. C. §122(e), the regulation hereby amended shall be
in effect for a period of five years from the effective date of
this order as set forth in SectionV. below.
IV. Text And Citation
The text of the regulation amended hereby shall be in
the form attached hereto as Exhibit "B", and said regulation
shall be cited as 14 DE Admin. Code § 525 in the
Regulations of the Department of Education.
V. Effective Date Of Order
The actions hereinabove referred to were taken by the
Secretary pursuant to 14 Del. C. §122, in open session at the
said Board's regularly scheduled meeting on January 16,
2003. The effective date of this Order shall be ten (10) days
from the date this Order is published in the Delaware
Register of Regulations.
IT IS SO ORDERED the 16th. day of January 2003.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
Approved this 16th day of January 2003
STATE BOARD OF EDUCATION
Dr. Joseph A. Pika, President
Jean W. Allen, Vice President
Robert J. Gilsdorf
Mary B. Graham, Esquire
Valarie Pepper
Dennis J. Savage
Dr. Claibourne D. Smith
525 Requirements for Vocational Career-Technical
Education Programs
1.0 All Vocational Career-Technical Education Programs
shall meet the provisions of Delaware's State Plan for
Vocational Career and Technical Education and meet the
provisions of the content standards approved by the
Department of Education or, if there are no approved state
content standards, meet local program standards approved
by the Department of Education.
2.0 All local school districts and charter schools offering
that offer state approved vocational technical education
programs Career-Technical Education Programs shall:
2.1 Have the approval of the Department of Education
before implementing new programs. New programs of a
similar nature may not be approved where enrollment may
compete with already existing programs.
2.2 Have adequate funding to support and sustain the
instructional program.
2.3 Employ teachers certified in vocational-technical
education program Career-Technical Education Program
areas.
2.4 Make provisions for meeting the unique needs of all
students.
2.5 Establish and maintain an active advisory
committee which includes labor and management personnel
to assist in the development and operation of the program.
2.6 Use present and projected labor market
information, available from the Delaware Occupational
Information Coordinating Committee, to determine the need
for new and continuing vocational-technical education
programs Career-Technical Education Programs.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 957
2.7 Survey local business and industry to determine
their occupational needs and the availability of placement
and employment opportunities for program completers.
2.8 Survey the student population to determine their
occupational interests and needs.
2.9 Organize and financially support vocational careertechnical
student organizations as integral components of
vocational-technical education programs Career-Technical
Education Programs in public schools that complement and
enrich instruction. The following vocational career-technical
student organizations are affiliated in Delaware:
2.9.1 Business Professionals of America (BPA)
2.9.2 Technology Student Association (TSA)
2.9.3 Distributive Education Clubs of America
(DECA), an association of marketing students
2.9.4 Future Homemakers of America (FHA/
HERO) Family, Career and Community Leaders of America
(FCCLA)
2.9.5 The National Future Farmers of America
(FFA) FFA Organization
2.9.6 Vocational Industrial Clubs of America
(VICA) Skills USA/VICA
2.10 Integrate related academic content into
individual vocational-technical career-technical education
courses, and guide students through a course selection
process that supports the necessary academic preparation
required by the student's career path and educational goals.
2.11 Schedule trade and industrial education
programs, when offered, for a minimum of two consecutive
periods a day or the equivalent, five days a week for two or
more years. Trade and Industry programs are highly
specialized and are conducted in comprehensive vocational
technical school districts. Any exception must be requested
in writing showing just cause, and be approved by the
Department of Education.
2.12 Establish no rules practices or regulations that
interfere with, prohibit or otherwise prevent students from
having the opportunity to learn about, enroll in and complete
a vocational -technical education program Career-Technical
Education Program in a Vocational-Technical School
District career-technical school district.
2.13 Use equipment and facilities comparable to
that used by local business and industry for which the
vocational-technical program Career-Technical Education
Program is preparing students.
2.14 Schedule Department of Education and
Delaware Advisory Council on Career and Vocational
Education program review and monitoring visits upon
request.
See 1 DE Reg. 1196 (2/1/98)
3.0 Cooperative Education Programs: Cooperative
Education [Programs provides provide] senior Career-
Technical Education Program students with coordinated onthe-
job training not ordinarily available in the classroom.
During the student's senior year, employers may provide this
on-the-job training in occupations directly related to the
Career-Technical-Education Program in which the student is
enrolled. For the purpose of granting credit during the
school year two hours of Cooperative Education Work
Experience shall equal one hour of instructional time. In a
summer Cooperative Education Work Experience Program
one-half unit of credit shall be granted and shall be counted
toward the units of credit necessary for graduation.
3.1 In order to qualify for Career-Technical Education
funding units the Career-Technical Education Program
Teacher or Career Guidance Counselor shall be provided
with a full class period, each day, for every fifteen (15)
students enrolled in the Cooperative Education Work
Experience Program in order to make quarterly visits to the
student's place of employment to ensure coordination
between the classroom and the on-the-job experience.
3.2 In order to qualify for Career-Technical Education
funding units the students shall; possess minimum
occupational competencies specified by the Career-
Technical Education Teacher Coordinator before being
placed in cooperative employment, be in their senior year
and be in a Cooperative Education Work Experience
Program that relates directly to the student's current or
completed career-technical education pathway and be
supervised through on-site visits by an assigned Career-
Technical Education Program Teacher Coordinator or
Career Guidance Counselor.
3.3 In order to qualify for Career-Technical Education
funding units the school shall have on file, for each student;
a training agreement that includes training objectives and is
signed by a parent or guardian, the employer, the student and
a representative of the district. A State Work Permit for
Minors in accordance with State Department of Labor
regulations shall also be on file.
[3.4 For an IDEA eligible student, the student's IEP
team, in consultation with the Career Technical
Education Teacher Coordinator, may authorize the
student's participation in this program irrespective of
lack of senior year status if necessary to provide the
student a free, appropriate public education.]
See 2 DE Reg. 111 (7/1/98)
4.0 Diversified Occupations Programs: Diversified
Occupations Programs provide students with coordinated
on-the-job training not ordinarily available in the classroom.
During the student's junior and senior year, employers
provide this on-the-job training. For the purpose of granting
credit during the school year, two hours of work experience
in a Diversified Occupations Work Experience Program
shall equal one hour of instructional time. In a summer
Diversified Occupations Work Experience Program one-half
unit of credit shall be granted and that credit shall be counted
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
958 FINAL REGULATIONS
toward the units of credit necessary for graduation.
4.1 In order to qualify for Career-Technical Education
funding units a Career-Technical Education Program
Teacher or Career Guidance Counselor shall be provided
with a full class period, each day, for every fifteen (15)
students enrolled in the Diversified Occupations Work
Experience Program in order to make on-site visits to the
student's place of employment to ensure coordination
between the classroom and the on-the-job experience.
4.2 In order to qualify for Career-Technical Education
funding units the students shall; possess minimum readiness
competencies as specified by the Career-Technical
Education Program Teacher Coordinator before being placed
in a Diversified Occupations Work Experience Program
employment situation, be in their junior or senior year and be
actively enrolled in a Diversified Occupations Work
Experience Program that meets for at least one class period
per week.
4.3 In order to qualify for Career-Technical Education
funding units the school shall have on file, for each student;
a training agreement that includes training objectives and is
signed by a parent or guardian, the employer, the student and
a representative of the district. A State Work Permit for
Minors in accordance with State Department of Labor
regulations shall also be on file.
[4.4 For an IDEA eligible student, the student's IEP
team, in consultation with the Career Technical
Education Teacher Coordinator, may authorize the
student's participation in this program irrespective of
lack of junior or senior year status if necessary to provide
the student a free, appropriate public education.]
See 2 DE Reg. 111 (7/1/98)
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF PUBLIC HEALTH
Statutory Authority: 16 Delaware Code,
Section 3204 (16 Del.C. §3204)
ORDER
Nature Of The Proceedings:
Delaware Health and Social Services ("DHSS")
initiated proceedings to adopt State of Delaware Cancer
Registry Regulations. The DHSS proceedings to adopt
regulations were initiated pursuant to 29 Delaware Code
Chapter 101 and authority as prescribed by 16 Delaware
Code, Chapter 32 and 29 Delaware Code, Chapter 79.
On December 1, 2002 (Volume 6, Issue 6), DHSS
published in the Delaware Register of Regulations its notice
of proposed regulations, pursuant to 29 Delaware Code
Section 10115. It requested that written materials and
suggestions from the public concerning the proposed
regulations be delivered to DHSS by January 3, 2003, or be
presented at a public hearing on December 23,2002, after
which time DHSS would review information, factual
evidence and public comment to the said proposed
regulations.
Verbal and written comments were received during the
public comment period and evaluated. The results of that
evaluation are summarized in the accompanying "Summary
of Evidence."
Findings Of Fact:
The Department finds that the proposed regulations, as
set forth in the attached copy should be adopted in the best
interest of the general public of the State of Delaware.
The proposed regulations include minor modifications from
those published in the December 1, 2002, Register of
Regulations, based on format changes. These modifications
are deemed not to be substantive in nature.
THEREFORE, IT IS ORDERED, that the proposed
State of Delaware Cancer Registry Regulations are adopted
and shall become effective May 1, 2003, after publication of
the final regulation in the Delaware Register of Regulations.
Vincent P. Meconi, Secretary, 1.15.03
Summary Of Evidence
A public hearing was held December 23, 2002 at 10:00
a.m., in the Third Floor Conference Room of the Jesse
Cooper Building, Federal and Water Streets, Dover,
Delaware before David P. Walton, Hearing Officer, to
discuss the proposed Department of Health and Social
Services (DHSS) Cancer Registry Regulations.
Announcements regarding the public hearing were published
in the Delaware State News, The News Journal and the
Delaware Register of Regulations in accordance with
Delaware Law. Dr. Leroy Hathcock from the Disease
Prevention and Control (DP&C) Section of the Division of
Public Health (DPH) made the agency's presentation.
Attendees were allowed and encouraged to discuss and ask
questions regarding all sections of the proposed regulations.
Public testimony was given at the public hearing and five
letters were received commenting on the proposed
regulations during the public comment period (December 1,
2002 through January 3, 2003). Organizations that
commented on the proposed regulations included:
• Delaware Healthcare Association
• Christiana Care
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 959
• St. Francis Hospital
• Medical Society of Delaware
• State Council for Persons with Disabilities
All public comments and the DHSS (Agency) responses
are as follows:
Section 2.0, Definitions. The proposed definition of
"health care provider" appears inconsistent with that
listed in the existing Cancer Registry Statute. In order to
retain continuity with Titles 16 and 24 of the Delaware
Code, recommend the definition of "health care
provider" be modified to read: ". . . any physician,
surgeon, dentist, podiatrist, or other healthcare
practitioner licensed by the State pursuant to Title 24 of
the Delaware Code who diagnoses or provides treatment
for cancer or benign tumors. When a person acting as a
health care provider is employed by a health care facility
or clinical laboratory, the facility, or laboratory shall be
considered the health care provider for purposes of these
regulations."
It is also recommended that a separate definition be
included in the regulations for health care facility that
references licensure pursuant to Title 16 of the Delaware
Code.
Agency Response: After review of this comment, the
Department has determined that the definition of "health
care provider" used in the +proposed regulations is
consistent with the Cancer Registry Statute and
comprehensive enough to preclude adding a definition of
health care facilities licensed pursuant to Title 16 of the
Delaware Code.
Section 2.0, Definitions. The definition of "clinical
laboratory" should be broadened to include those health
care facilities that perform the functions set forth in the
definition. This would ensure that a health care facility
that only performs clinical laboratory services for a
patient and has no other contact with a patient is not
required to collect and submit the Supplemental Data
outlined in the regulations.
Agency Response: Section 4.0 of the proposed
regulations already excludes clinical laboratories that do not
have contact with the patient from anything but "reasonable
efforts" to collect supplemental cancer data. The last
sentence of this section reads, ". . . reasonable efforts by a
clinical laboratory shall not include the interviewing of
patients to obtain required information."
Sections 3.0 and 5.0, Duty to Report/Retention of
Required Information. Based on the language used in
these sections, it appears the Department will receive
duplicate information/reports from multiple health care
providers regarding the same patient. This does not
appear to efficiently utilize either the time of the
Department's staff or the affected providers.
Additionally, it will likely be confusing and in some cases
frustrating to the cancer patient (or his/her family
member) when requested to respond to the same
questions for each provider that treats the same patient.
It is suggested that the physician who is managing the
care and treatment of the cancer patient is in the best
position to obtain this supplemental information from
the patient. The information will be more accurate and
perhaps reported in a timelier manner if it is obtained
from one source, rather than all providers that treat the
same patient during his/her course of treatment.
Member acute care hospitals are also willing to submit
this information to the Cancer Registry if the treating
physician provides it to them.
Agency Response: While the collection of Cancer
Registry information from multiple provider points might
seem duplicative, the Department is responsible for ensuring
that the information is collected. Having ultimate
accountability for the program, the Department retains these
requirements as a way to ensure that the data collection
system works.
Section 4.0, Forms Supplied by Department. Senate Bill
372 appears to contemplate data collection not addressed
in the regulations. Specifically, the bill requires
collection of the "patient's length of residency in
Delaware", "primary residential address in Delaware",
and "nature" of identified employment. This
information is not included in regulatory Section 4.0.
Assuming the aforementioned items of information are
not included in the National Cancer Data Base reporting
standards, recommend inclusion of this data in the
regulations to conform with Senate Bill 372.
Agency Response: The Department finds the proposed
regulations to be consistent with the intent of Title 16,
Section 3204 which states that rules promulgated be
consistent and necessary to achieve the purposes of the
requirements of the Cancer Registry. Additionally, the
Department has plans to work with the medical community
to ensure the forms used to collect cancer data reflect
relevant and meaningful information.
Section 4.0, Forms Supplied by Department. The
Department will supply forms for health care providers
that request all data that is included in the reporting
requirements of the National Cancer Data Base
established by the American College of Surgeons. The
Department forms will also request the supplemental/
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
960 FINAL REGULATIONS
required information stated in SB 372. It is our opinion
the use of one form for all health care providers
promotes the submission of duplicate data. Recommend
the Department utilize two separate existing forms for
use by health care providers. The form currently used
by the physician managing the care and treatment of the
cancer patient will request all data specified in the
reporting requirements of the National Cancer Data
Base established by the American College of Surgeons as
well as supplemental data required under SB 372. All
health care facilities that provide inpatient or outpatient
services, or those that perform laboratory services for
patients diagnosed with cancer or benign tumors would
use their existing form.
Agency Response: Before finalizing data collection
forms, the Department intends to work with the medical
community to design forms that will make cancer data
collection efforts as effective and efficient as possible,
within the parameters set out by Delaware law.
Deadlines for Submission, Section 6.0. This section
would require all health care providers treating the
patient for the illness to submit information.
Recommend this section be modified to state: "within
180 days of the initial diagnosis or the initiation of the
first course of treatment . . . " This would require either
the health care provider managing the care and
treatment of the patient or a health care facility that is
providing outpatient services to the patient, to submit the
information in a timely manner utilizing a consistent
reporting standard.
Agency Response: After reviewing this comment and
Section 6.0, the Departments maintains this section is
consistent with the Cancer Registry Statute and will retain it
as proposed.
General Comments. The state should ensure they have
the proper infrastructure and funding in place to collect
data. Additionally, the data collected must be
statistically meaningful from which to draw accurate and
valid scientific conclusions for it to have desired value.
Finally, the data should be collected prospectively at the
time of the new patient visit; requiring physicians to
retrospectively retrieve the additional information from
their entire patient base will create a tremendous burden
and take time away from patient care.
Agency Response: The Department is confident that the
necessary infrastructure and funding is in place to collect
Cancer Registry data. Additionally, to ensure thorough and
meaningful data is collected, the Division of Public Health
will consult with the Medical Society before finalizing the
data collection forms. Finally, the Department has no plans
to retrospectively enforce requirements of the regulations;
they will apply only to incidents that occur after the effective
date of the regulations.
Additionally, minor corrections were made to the
proposed regulations based on format changes.
The public comment period was open from December 1,
2002 to January 3, 2003.
Verifying documents are attached to the Hearing
Officer's record. The regulations have been approved by the
Delaware Attorney General's office and the Cabinet
Secretary of DHSS.
CANCER REGISTRY REGULATIONS
1.0 Purpose
These regulations are promulgated by the Department
pursuant to Senate Bill 372 of the 141st General Assembly.
These regulations are also independently authorized by 29
Del.C. §7903. The purpose of the regulations is to
implement Title 16, Chapter 32 of the Delaware Code.
2.0 Definitions
"Benign tumor" means any nonmalignant neoplasm,
regardless of the tissue or origin, that appears on the
American College of Surgeons most recently published list
of reportable cancers and benign tumors.
"Cancer" means any malignant neoplasm, regardless of
the tissue origin, that appears on the American College of
Surgeons most recently published annual list of reportable
cancers and benign tumors.
"Clinical laboratory" means a facility in which tests
are performed identifying findings of anatomical changes,
and/or specimens are interpreted and pathological diagnoses
are made.
"The Department" means the Department of Health
and Social Services.
"Health care provider" means:
person, corporation, facility or institution licensed
by this State pursuant to Titles 16 or 24 of the Delaware
Code to perform any act to or on behalf of a patient during
the patient's medical care, treatment, or confinement, or
a clinical laboratory. When a person acting as a
health care provider is working for a corporation, facility, or
institution, the corporation, facility, or institution shall be
considered the health care provider for purposes of these
regulations.
3.0 Duty to Report
Each health care provider shall complete and submit to
the Department the forms described in Section [3 4] with
respect to (a) each patient whom it diagnoses with cancer or
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 961
a benign tumor, and (b) each patient for whom it renders any
care after the individual is diagnosed with cancer or a benign
tumor. Compliance by one health care provider with this
Section with respect to an individual patient shall not obviate
compliance by other health care providers with respect to the
same patient.
4.0 Forms Supplied by Department
Forms prepared by the Department for use by health
care providers in complying with Section [2 3] shall request
all data required by the reporting requirements of the
National Cancer Data Base established by the American
College of Surgeons. Forms prepared under this section
shall also request disclosure of the address at which the
patient has lived for the longest period of time, the
occupation at which the patient has worked for the longest
period of time, and the name and address of the employer at
the occupation where the patient has worked for the longest
period of time, if such information is available to the health
care provider. A health care provider shall make reasonable
efforts to obtain all information requested by the form
prepared under this Section. However, reasonable efforts by
a clinical laboratory shall not include the interviewing of
patients to obtain required information.
5.0 Retention of Required Information
A health care provider who is treating a patient who has
been diagnosed with cancer or a benign tumor shall ask that
patient to fill out a form requesting disclosure of the address
at which the patient has lived for the longest period of time
in his or her life, the occupation at which the patient has
worked for the longest period of time in his or her life, and
the name and address of the employer at the occupation
where the patient has worked for the longest period of time.
The health care provider shall retain the form required by
this Section with the patient's medical records pursuant to
generally accepted protocol for the retention of patient
medical records. The health care provider shall include the
information from the form required by this Section with
information it submits pursuant to Section [2 3] of these
regulations. The Department shall provide a form for use in
complying with this Section.
6.0 Deadlines for Submission
A health care provider shall provide the information
required by Section [2 3] within 180 days of the initiation of
treatment of a patient or diagnosis of that patient with a
cancer or benign tumor, whichever is earlier.
7.0 Failure to Submit Required Information
A health care provider that fails to comply with Section
5 shall permit the Department to audit its records and
abstract information that should have been provided under
Section [5 6]. The health care provider shall reimburse the
Department for the cost of said audit. If the audit does not
identify a compliance failure by the health care facility or
provider, the cost of such audit shall not be assessed against
the facility or provider.
8.0 Voluntary Audit
A health care provider may voluntarily request that an
audit be performed if it does not intend to submit the
information required by Section [5 6]. The Department shall
determine if the request for an audit will be honored. The
health care provider shall reimburse the Department for the
cost of said audit if the Department honors the request. The
Department shall determine whether said costs shall be
prepaid, or paid upon completion of the audit.
9.0 Fines
Failure to comply with Section [5 6] of these regulations
may result in a $100 fine against the health care provider that
has failed to comply. Each failure to comply shall constitute
a separate violation and shall subject the health care provider
to a separate $100 fine.
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 505 (31 Del.C. §505)
ORDER
Nature Of The Proceedings:
Delaware Health and Social Services ("Department") /
Division of Social Services initiated proceedings to amend
the Title XIX Medicaid State Plan to change drug-pricing
methodology, effective January 1, 2003. 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 December 2002 Delaware Register of
Regulations, requiring written materials and suggestions
from the public concerning the proposed regulations to be
produced by December 31, 2002 at which time the
Department would receive information, factual evidence and
public comment to the said proposed changes to the
regulations.
Summary Of Proposed Revisions
Currently, Delaware reimburses pharmaceuticals using
the lower of:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
962 FINAL REGULATIONS
• the usual and customary charge to the general public
for the product,
• the Average Wholesale Price (AWP) minus 12.9%
plus a dispensing fee, or
• a State-specific maximum allowable cost (DMAC)
and, in some cases, the federally defined Federal
Upper Limit (FUL) prices plus a dispensing fee.
The proposed State Plan Amendment (SPA) changes the
AWP methodology as follows:
• Brand name drugs:
• for traditional chain pharmacies and independent
pharmacies: AWP minus 16.32% plus a dispensing
fee per prescription
• for non-traditional pharmacies: AWP minus
24.32% plus a dispensing fee per prescription.
• Generic drugs for all pharmacies: Average of the
Average Wholesale Price (AAWP) minus 58% plus
a dispensing fee per prescription.
There will be no dispensing fee increase.
The SPA also:
• clarifies terms used in the methodology process by
revising the definition of the Delaware Maximum
Allowable Cost (DMAC);
• provides definitions of traditional and non-traditional
pharmacies; and,
• revises reimbursement limits and exceptions.
Summary of Comments Received with Agency Response
and Explanation of Change:
Delaware Developmental Disabilities Council (DDDC),
Delaware Healthcare Association (DHA), Governor's
Council For Exceptional Citizens (GACEC), National
Association of Chain Drug Stores (NACDS), and State
Council for Persons with Disabilities (SCPD) submitted
comments strongly opposing the Medicaid pharmacy
reimbursement rate for the Delaware Medical Assistance
Program, effective January 1, 2003. Comments are
arranged by subject matter and summarized. Staff analysis
of the public comments is provided and given a consolidated
response below:
DHA comments:
• No comment period and prior notification.
• Providers did not participate in the change process.
• Recommend delay in the cuts until further discussion
and negotiations occur between affected providers.
NACDS comments:
• Question the size of the audit sample and some of
the audit methodology and state that Delaware dispenses
fewer generics as a percentage of total prescriptions
than other states.
• The pharmacy dispensing fee remains inadequate.
• Cost utilization must be addressed.
DDDC, GACEC and SCPD provided the following
similar observations and concerns:
• Reductions are dramatic. Recommend DSS reconsider
the drastic reductions and review other
options with pharmacies.
• Discuss other cost-cutting alternatives adopted by
other states.
• Limits on physician authorization for a name-brand
drug.
• Recommend that DSS solicit the Delaware Health
Fund Advisory Committee to determine if "tobacco
funds" can be used to offset the proposed cost-cutting
approaches in order to reach a compromise
with the pharmacies.
DSS Response: In response to comments received, the
proposed amendment has been revised and the pharmacy
policies and rate plans changed and clarified as follows:
• Brand name drugs:
• for traditional pharmacies: AWP-14% plus dispensing
fee per prescription;
• for non-traditional pharmacies: AWP-16% plus dispensing
fee per prescription.
• Generic drugs:
• for traditional pharmacies: AWP-14% plus dispensing
fee per prescription;
• for non-traditional pharmacies: AWP-16% plus dispensing
fee per prescription.
The dispensing fee will remain at $3.65.
Findings Of Fact:
The Department finds that the proposed changes as set
forth in the December 2002 Register of Regulations should
be adopted, as herein, revised.
THEREFORE, IT IS ORDERED, that the proposed
regulations of the Medicaid/Medical Assistance Programs to
amend the Title XIX Medicaid State Plan related to the
reimbursement of pharmaceuticals be adopted, as herein
revised, and shall be final effective February 10, 2003.
Vincent P. Meconi, Secretary, DHSS, January 15, 2003
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 963
ATTACHMENT 4.19-B
PAGE 14
Reimbursement for Pharmaceuticals:
Overview
The Delaware Medical Assistance (DMAP) program
will reimburse pharmaceuticals using the lower of
• the usual and customary charge to the general public
for the product,
• the Average Wholesale Price (AWP) minus 12.9%
plus a dispensing fee, or
• Brand name drugs:
•
cies: AWP- [16.32% 14%] plus dispensing fee
per prescription
for traditional [chain and independent] pharma•
for non-traditional pharmacies: AWP[
24.32% 16%] plus dispensing fee per prescription
• Generic drugs [for all pharmacies: AWP- 58%
plus dispensing fee per prescription]
• [for traditional pharmacies: AWP- 14%
plus dispensing fee per prescription
• for non-traditional pharmacies: AWP- 16%
plus dispensing fee per prescription]
• a State-specific maximum allowable cost (DMAC)
and, in some cases, the Federally defined Federal
Upper Limit (FUL) prices plus a dispensing fee.
Entities that qualify for special purchasing under
Section 602 of the Veterans Health Care Act of 1992, Public
Health Service covered entities, selected disproportionate
share hospitals and entities exempt from the Robinson-
Patman Price Discrimination Act of 1936 must charge the
DMAP no more than an estimated acquisition cost (EAC)
plus a professional dispensing fee. The EAC must be
supported by invoice and payment documentation.
Definitions:
Delaware Maximum Allowable Cost (DMAC) - The
DMAC payment limits will be calculated, for drugs selected
by the DMAP, by First Data Bank (FDB) under contract
with Delaware Medicaid using the following protocol.
• All DMACs will be based on the direct prices.
• FDB will use the lowest of either Geneva Generic
or Rugby prices. These are national generic labelers/
manufacturers that sell directly to pharmacies.
• Prices for solid dosing forms will be based on a
package size of 100. If that size is not available, the
next largest package size will be used.
• Prices for liquid products will be based on 120 ml
for over-the-counter (OTC) medications and 473 -
480 ml for legend products.
• All unit dose packaging calculations will be eliminated.
• If neither identified labeler markets the product, the
median of all other HCFA rebate participating
sources will be used to establish a price.
Drugs are selected based on experience with charges
from pharmacies, which indicates that the product cost is
less than or equal to AWP minus 20%.
Additional medications will be added to the DMAC
program after general provider notification.
Delaware Maximum Allowable Cost (DMAC) - a
maximum price set for reimbursement[:
• for generics available from three (3) or more
approved sources, or
• when a single source product has Average Selling
Prices provided by the manufacturer that indicates
the AWP is exaggerated. , or]
• [A DMAC will also be established] if a single provider
agrees to a special price.
Any willing provider can dispense the product.
Federal Upper Limit (FUL) - The FUL is a federally
defined price and constitutes the upper limit of
reimbursement where a DMAC limit does not exist.
ATTACHMENT 4.19B
Page 14a
[Limits - the maximum allowed using any of the state
methods for calculation ingredient costs.]
Non-Traditional Pharmacy - long term care and specialty
pharmacies.
Traditional Pharmacy - retail independent and retail chain
pharmacies.
Reimbursement Policy:
• Pharmacy providers are free to dispense any product
they wish (within the limits of State and federal
laws governing pharmacies), but the DMAP payment
will not exceed the limits identified above.
• The limits apply to all drugs listed in Appendix B
(FUL/MAC listing containing the generic name and
upper limit/unit source) of the Pharmacy Provider
Manual, including brand and substitutes/generics.
• State DMAC/FUL limits do not apply to drugs in
unit dose packages
• [The limits apply to all drugs that have a FUL or
DMAC.]
• Medicaid reimbursement is limited to only those
drugs supplied from manufacturers that have a
signed national agreement or an approved existing
agreement under Section 1927(a) of the Social
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
964 FINAL REGULATIONS
Security Act. Restrictions in drug coverage are
listed on Page 5 Addendum of Attachment 3.1-A of
this Plan.
Exceptions:
• Exceptions to the reimbursement [limits of FUL
and DMAC] can be made if a physician certifies in
his/her their own handwriting that a specific brand
is medically necessary. for a particular recipient.
The medical necessity must be documented on a
FDA Med-Watch form based on the client experiencing
an adverse reaction.
• A check-off box is NOT acceptable.
• A notation of intent in the prescribing physician's
own handwriting (such as, "brand necessary",
"brand only", dispense as written") IS acceptable
(42 CFR §447.331).
• Phone-in prescriptions which qualify for an exception
must be followed by the proper certification
written by the prescriber.
• Faxed prescriptions must follow Board of Pharmacy
regulations.
• [Other exceptions will be made if documentation
provided demonstrate that the product can only
be obtained a higher rate.]
[When an exception exists and a pharmacist wishes
to override the limit due to the medical necessity of using
the brand name product, refer to the billing section of the
Provider Manual for instructions on the proper coding of
the claim.]
If the pharmacist is not willing to accept the DMAP's
DMAC/FUL payment when a prescription is received for a
brand name product with no substitutions permitted AND
the physician has not indicated that the brand is medically
necessary according to the above instructions, the
pharmacist should:
• contact the physician to obtain proper written documentation,
or
• refer the recipient to another pharmacy that may be
willing to fill the prescription for the DMAC price,
or, as a last resort,
• request full payment from the recipient for the
product.
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 505 (31 Del.C. §505)
ORDER
Nature Of The Proceedings:
Delaware Health and Social Services ("Department") /
Division of Social Services initiated proceedings to amend
the Title XIX Medicaid State Plan to change the number of
nursing home patient health assessments for four times to
twice a year. 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 December 2002 Delaware Register of
Regulations, requiring written materials and suggestions
from the public concerning the proposed regulations to be
produced by December 31, 2002 at which time the
Department would receive information, factual evidence and
public comment to the said proposed changes to the
regulations.
Summary Of Information Submitted/with Agency
Response:
Similar Public Comments were received from the
Delaware Healthcare Association (DHA) and the State
Council for Persons with Disabilities (SCPD). Comments
are grouped together and given a consolidated response.
• DHA: We feel the proposed change will better utilize
staff time as well as aid in the reduction of
excess Medicaid spending. SCPD: The amendment
essentially requires that nursing home residents
be assessed every 6 months instead of every 3
months. The rationale appears to be cost containment.
Agency Response: The Division's approach to
necessary cost containment is to use strategies with the
most modest impact on the user.
• DHA: We are concerned that a patient in a longterm
facility can deteriorate quickly and therefore
may need a more intensive level of care prior to the
next assessment. SCPD: The amended regulation
may undermine Olmstead implementation since
residents may be ready for discharge but remain in
nursing homes based on "stale" level of care assess-
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 965
ments. Moreover, less frequent reviews may actually
increase Medicaid costs if "recovered"
residents have longer stays in nursing homes based
on infrequent reassessment. SCPD lacks statistics
on "turnover" in nursing homes. However, if "turnover"
is low, less frequent reassessment should
result in cost savings. If "turnover" is high, less frequent
reassessment may result in cost increases.
Agency Response: A review does not determine if a
person stays or leaves the facility. It is a decision for the
patient and family to make after consulting the attending
physician. The Division of Social Services (DSS) review
for reimbursement or Level of Care (LOC) does not
determine if a resident stays or leaves the facility. As in the
past, if a person's condition changes, they wish to leave,
and are medically discharged, they can leave. Division of
Social Services' Level of Care determination does not
prevent a person from leaving, if they improve in a week, a
month, or a year. The resident's physician can discharge
them at anytime, or they can sign out against medical
advice if they so desire. Nursing home placement is always
optional. There are many people who are living outside
nursing facilities that would have a nursing facility Level
of Care but choose to live in the community. The patient or
facility does not ask for a reimbursement or level of care
review to enable a discharge.
• DHA: We propose the addition of language to the
regulation that would put in place a mechanism
whereby if a patient's condition changes, the provider
can contact the Division regarding the change.
The provider may then request a new assessment be
conducted on a timely basis, resulting in an increase
in the Medicaid payment for that patient. SCPD:
We recommend that language be added to the regulation
which allows the resident or a family member
to request a more frequent reassessment based on
changed circumstance.
Agency Response: DSS will review residents in the
following situations prior to the scheduled review:
Facilities were notified in writing that they can request a
review for: (1) New Medicaid residents who were not
reviewed during the previous review at their facility; (2)
Medicaid residents who relinquished Hospice since the
facility's last review; and, (3) Residents whose level of care
has changed from Skilled Nursing Facility (SNF)) to
Intermediate Care Facility (ICF) or vice versa, since the
facilities last review.
Findings Of Fact:
The Department finds that the proposed changes as set
forth in the December 2002 Register of Regulations should
be adopted.
THEREFORE, IT IS ORDERED, that the proposed
regulation to amend the Title XIX Medicaid State Plan
regarding the nursing home patient health assessments is
adopted and shall be final effective February 10, 2003.
Vincent P. Meconi, Secretary, DHSS, January 15, 2003
REVISION:
ATTACHMENT 4.19-D
PAGE 4
The Department will assign classes to nursing home
patients. Initial classification of patients occurs through the
State's pre-admission screening program. These initial
classifications will be reviewed by Department nurses within
31 to 45 days after assignment. Patient classification will
then be reviewed on an ongoing 90-day basis twice a year.
Facilities will receive notices from the Department
concerning class changes and relevant effective dates.
1. In order to establish the patient classification for
reimbursement, patients are evaluated and scored by
Medicaid review nurses according to the specific amount of
staff assistance needed in Activity of Daily Living (ADL)
dependency areas. These include Bathing, Eating, Mobility/
Transfer/Toileting. Potential scores are as follows:
0 - Independent
1 - Supervision (includes verbal cueing and
occasional staff standby)
2 - Moderate assistance (requires staff
standby/physical presence)
3 - Maximum Assistance
Patients receiving moderate or maximum assistance
will be considered "dependent" in that ADL area. Patients
receiving supervision will not be considered dependent.
Reimbursement is determined by assigning the
patient to a patient classifications based on their ADL scores
or range of scores.
Each patient classification is related to specific
nursing time factors. These time factors are multiplied by
the 75th percentile nurse wage in each provider group to
determine the per diem rate for each classification.
2. Patients receiving an active rehabilitative/
preventive program as defined and approved by the
Department shall be reimbursed at the next higher patient
class. For qualifying patients at the highest level, the facility
will receive an additional 10 percent of the primary care rate
component.
To be considered for the added reimbursement
allowed under this provision, a facility must develop and
prepare an individual rehabilitative/preventive care plan.
This plan of care must contain rehabilitative/preventive care
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
966 FINAL REGULATIONS
programs as described in a Department approved list of
programs. The services must seek to address specific
activity of daily living and other functional problems of the
patient. The care plan must also indicate specific six month
and one-year patient goals, and must have a physician's
approval.
DEPARTMENT OF INSURANCE
18 DE Admin Code 905
Statutory Authority: 18 Delaware Code,
Sections 311, 2312 (18 Del.C. §§311, 2312)
ORDER
A public hearing was held on December 3, 2002, to
receive comments on proposed Regulation 86 relating to
establishing standards for the safeguarding of customer
information. By my order of October 7, 2002, Michael F.
Kirchenbauer was appointed hearing officer to receive
comments and testimony on the proposed regulation. Public
notice of the hearing and publication of Proposed Regulation
86 in the Register of Regulations on November 1, 2002, was
in conformity with Delaware law.
Summary Of The Evidence And The Information
Submitted
The need to promulgate regulations relating to the
privacy of non-public financial information arises from the
passage of the Gramm-Leach-Bliley Act ("GLBA"), Public
Law 102-106 by the U.S. Congress. As a result of GLBA,
Regulation 84 relating to the privacy of consumer financial
information was promulgated and put into effect on July 11,
2001. Proposed regulation 86 relating to the insurers'
obligation to assure appropriate internal security standards
for safeguarding that customer information substantially
tracks the model regulation approved by the National
Association of Insurance Commissioners ("NAIC model").
The authority of the Commissioner to adopt this regulation is
found in 18 Del. C. Chapter 3. The summary of the evidence
and the information submitted as set forth in the Report and
Recommendation of the Hearing Officer is incorporated into
this Order.
The Alliance of American Insurers, a trade association
representing some 340 property and casualty insurers
nationwide, submitted a written response noting its objection
to enforcement actions under the Delaware Unfair Trade
Practices Act, 18 Del. C. Ch. 23. It also requested a 60 day
delay in the effective date as to service contracts citing
federal banking regulations as persuasive. Aside from that
submission and the evidence submitted by the Delaware
Insurance Department at the public hearing, there was no
public comment received by the hearing officer.
Findings Of Fact With Respect To The Evidence And
Information
I adopt the findings of fact with respect to the evidence
and information contained in the Report and
Recommendation of the Hearing Officer dated December
20, 2002. Given the fact that GLBA applies nationally and
that there has been significant lead time on this issue for the
industry, I am not persuaded that there should be any delay
in the implementation of this regulation.
Decision And Effective Date
I hereby adopt Regulation 86 as originally proposed to
become effective February 11, 2003.
Text And Citation
The text of Regulation 86 appears in the Register of
Regulations Vol. 6, Issue 5, Page 595, dated November 1,
2002.
Donna Lee H. Williams, Insurance Commissioner
December 31, 2002
905 (Formerly Regulation 86)
Standards For Safeguarding Customer Information
Table of Contents
1.0 Authority
2.0 Definitions
3.0 Information Security Program
4.0 Objectives of Information Security Program
5.0 Examples of Methods of Development and
Implementation
6.0 Assess Risk
7.0 Manage and Control Risk
8.0 Oversee Service Provider Arrangements
9.0 Adjust the Program
10.0 Determined Violation
11.0 Effective Date
1.0 Authority
1.1 This regulation is promulgated pursuant to 18
Del.C. §§ 311, 535.
1.2 This regulation establishes standards for developing
and implementing administrative, technical and physical
safeguards to protect the security, confidentiality and
integrity of customer information, pursuant to Sections 501,
505(b), and 507 of the Gramm-Leach-Bliley Act, codified at
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 967
15 U.S.C. 6801, 6805(b) and 6807.
1.2.1 Section 501(a) provides that it is the policy
of the Congress that each financial institution has an
affirmative and continuing obligation to respect the privacy
of its Customers and to protect the security and
confidentiality of those customers' nonpublic personal
information.
1.2.2 Section 501(b) requires the state insurance
regulatory authorities to establish appropriate standards
relating to administrative, technical and physical safeguards:
1.2.2.1 to ensure the security and
confidentiality of customer records and information;
1.2.2.2 to protect against any anticipated
threats or hazards to the security or integrity of such records;
and
1.2.2.3 to protect against unauthorized access
to or use of records or information that could result in
substantial harm or inconvenience to a customer.
1.2.3 Section 505(b)(2) calls on state insurance
regulatory authorities to implement the standards prescribed
under Section 501(b) by regulation with respect to persons
engaged in providing insurance.
1.2.4 Section 507 provides, among other things,
that a state regulation may afford persons greater privacy
protections than those provided by subtitle A of Title V of
the Gramm-Leach-Bliley Act. This regulation requires that
the safeguards established pursuant to this regulation shall
apply to nonpublic personal information, including
nonpublic personal financial information and nonpublic
personal health information.
2.0 Definitions
For purposes of this regulation, the following definitions
apply:
2.1 "Customer" means a customer of the licensee as
the term customer is defined in Delaware Insurance
Department Regulation 84 Section 4.
2.2 "Customer information" means nonpublic
personal information as defined in Delaware Insurance
Department Regulation 84 section 4.16 and 4.17 about a
customer, whether in paper, electronic or other form, that is
maintained by or on behalf of the licensee.
2.3 "Customer information systems" means the
electronic or physical methods used to access, collect, store,
use, transmit, protect or dispose of customer information.
2.4 "Licensee" means a licensee as that term is defined
in Delaware Insurance Department Regulation 84 section
4.17, except that "licensee" shall not include: a purchasing
group pursuant to 18 Del.C. Chapter 80, or an unauthorized
insurer in regard to the excess line business conducted
pursuant to 18 Del. C. Chapter 19.
Drafting Note: Although service contract providers
and extended warranty providers are "licensees" under the
insurance laws of many states, they are not so defined under
Delaware law.
2.5 "Service provider" means a person that maintains,
processes or otherwise is permitted access to customer
information through its provision of services directly to the
licensee.
3.0 Information Security Program
Each licensee shall implement a comprehensive written
information security program that includes administrative,
technical and physical safeguards for the protection of
customer information. The administrative, technical and
physical safeguards included in the information security
program shall be appropriate to the size and complexity of
the licensee and the nature and scope of its activities.
4.0 Objectives of Information Security Program
A licensee's information security program shall be
designed to ensure the security and confidentiality of
customer information, protect against any anticipated threats
or hazards to the security or integrity of the information; and
protect against unauthorized access to or use of the
information that could result in substantial harm or
inconvenience to any customer.
5.0 Examples of Methods of Development and
Implementation
The actions and procedures described in Sections 6
through 9 of this regulation are examples of methods of
implementation of the requirements of Sections 3 and 4 of
this regulation. These examples are non-exclusive
illustrations of actions and procedures that licensees may
follow to implement Sections 3 and 4 of this regulation.
6.0 Assess Risk
The licensee:
6.1 Identifies reasonably foreseeable internal or
external threats that could result in unauthorized disclosure,
misuse, alteration or destruction of customer information or
customer information systems;
6.2 Assesses the likelihood and potential damage of
these threats, taking into consideration the sensitivity of
customer information; and
6.3 Assesses the sufficiency of policies, procedures,
customer information systems and other safeguards in place
to control risks.
7.0 Manage and Control Risk
The licensee:
7.1 Designs its information security program to control
the identified risks, commensurate with the sensitivity of the
information, as well as the complexity and scope of the
licensee's activities;
7.2 Trains staff, as appropriate, to implement the
licensee's information security program; and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
968 FINAL REGULATIONS
7.3 Regularly tests or otherwise regularly monitors the
key controls, systems and procedures of the information
security program. The frequency and nature of these tests or
other monitoring practices are determined by the licensee's
risk assessment.
8.0 Oversee Service Provider Arrangements
The licensee:
8.1 Exercises appropriate due diligence in selecting its
service providers; and
8.2 Requires its service providers to implement
appropriate measures designed to meet the objectives of this
regulation, and, where indicated by the licensee's risk
assessment, takes appropriate steps to confirm that its
service providers have satisfied these obligations.
9.0 Adjust the Program
The licensee monitors, evaluates and adjusts, as
appropriate, the information security program in light of any
relevant changes in technology, the sensitivity of its
customer information, internal or external threats to
information, and the licensee's own changing business
arrangements, such as mergers and acquisitions, alliances
and joint ventures, outsourcing arrangements and changes to
customer information systems.
10.0 Determined Violation
Repeated failure to comply with this Regulation will be
grounds for investigation and enforcement as an unfair
practice in the insurance business pursuant to 18 Del. C.
Chapter 23.
11.0 Severability
If any section or portion of a section of this regulation or
its applicability to any person or circumstance is held invalid
by a court, the remainder of the regulation or the
applicability of the provision to other persons or
circumstances shall not be affected.
12.0 Effective Date
This regulation shall become effective on February 1
[11], 2003.
Adopted and Signed by The Commissioner
December 31, 2002
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code,
Section 6010 (7 Del.C. §6010)
Secretary's Order No.: 2003-A-003
Date of Issuance: January 13, 2003
Effective Date of the Amendment: February 11, 2003
I. Background
On Tuesday, November 26, 2002, a public hearing was
held in the Priscilla Building Conference Room of DNREC,
156 S. State Street, Dover to receive comment on proposed
amendments to Regulation 3, Section 11 - PM10 and PM2.5
Particulates of the Delaware Regulations Governing the
Control of Air Pollution. With respect to Delaware's Air
Quality Standards referenced in this particular Regulation,
the Department proposes to revise the same by reverting
them back to their pre-November 1999 form. This action is
necessary in response to the March 26, 2002 Court of
Appeals decisions that vacated EPA's standards that were set
forth in the 62 FR 38711, dated July 18, 1997. That decision
resulted in the standard contained in DNREC's November 3,
1999 State Implementation Plan (SIP) submittal being less
restrictive than the current PM10 National Ambient Air
Quality Standards (NAAQS). As a result, EPA cannot
approve Delaware's SIP revision containing a less restrictive
PM10 NAAQS standard than the 1987 standard. The
impacts of proposed amendments are minimal. Further, the
proposed changes will not change the annual and 24-hour
average concentration standards of 50 g/m3 and 150 g/m3,
respectively. The changes are primarily a technical,
procedural change in the Department's methodology of
determining concentrations from monitored data.
With respect to comments received by the Department
concerning this proposed amendment, there was written
correspondence received from Judith M. Katz, Director, Air
Protection Division, at Region III of the EPA, confirming
that EPA cannot process a SIP revision which contains a less
restrictive PM10 standard than the 1987 standard. Proper
notice of the hearing was provided as required by law.
After the hearing, the Department performed an
evaluation of the evidence entered into the record in this
matter. Thereafter, the Hearing Officer prepared his report
and recommendation in the form of a Hearing Officer's
Report to the Secretary dated January 8, 2003, and that
memorandum is expressly incorporated herein by reference.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
----------------- ---------------------
FINAL REGULATIONS 969
II. Findings and Conclusions
On the basis of the record developed in this matter, it
appears that AQM has provided a sound basis for the
proposed amendments to Regulation No. 3, Section 11.
III. Order
It is hereby ordered that the proposed amendments to
Regulation No. 3, Section 11, be promulgated in final form
in accordance with the customary statutory procedure.
IV. Reasons
The amendment of Regulation 3, Section 11, which
reverts these specific Air Quality Standards back to their pre-
November 1999 form, will aid the State of Delaware in
regaining approval from the EPA with respect to its SIP
revision. Additionally, these amendments will assist the
Department in furtherance of the policy and purposes of 7
Del. C., Ch. 60.
John A. Hughes, Secretary
REGULATION NO. 3
AMBIENT AIR QUALITY STANDARDS
09/11/99
Section 1 - General Provisions
1.1 Air Quality Standards are required to assure that
ambient air quality shall be consistent with established
criteria and shall serve to effectively and reasonably manage
the air resources of the State of Delaware.
1.2 At such time as additional pertinent information
becomes available with respect to applicable air quality
criteria, recommendations shall be incorporated and the air
quality standards shall be subject to revisions.
1.3 The absence of a specific ambient air quality
standard shall not preclude actions by the Department to
control contaminants to assure protection, safety, welfare,
and comfort of the people of the State of Delaware.
1.4 Air Quality Standards are defined by frequency
distribution presentations and arithmetic averages. The
characteristic parameters describing the frequency
distribution are the geometric mean and 99th percentile.
a. The geometric mean is defined as the Nth root
of the product of N numbers. Assuming a log-normal
cumulative frequency distribution, the 50th percentile value
will be equal to the geometric mean.
b. The arithmetic average (mean is defined as the
sum of a set of values divided by the number of values.
c. The 99th percentile for a group of numbers is
defined as that value which is exceeded by one percent of the
numbers.
1.5 The ambient air quality values stated herein shall
apply to all areas outside a source property line.
1.6 The sampling and analytical procedures and
techniques employed to determine ambient air
concentrations of contaminants shall be consistent with
methods which result in a representative evaluation of the
prevailing conditions. The following methods shall be used
directly or employed as reference standards against which
other methods may be calibrated;
a. Ambient concentrations of total suspended
particulates shall be determined by the reference high
volume method in accordance with 40 CFR, Part 50, App
endix B, June 29, 1979.
b. Ambient concentrations of sulfur dioxide shall
be determined by the reference or equivalent method in
accordance with 40 CFR, Part 50, Appendix A, June 29,
1979.
c. Ambient concentrations of carbon monoxide
shall be determined by the reference method in accordance
with 40 CFR, Part 50, Appendix C, June 29, 1979.
d. Ambient concentrations of ozone corrected for
interferences due to nitrogen oxides and sulfur dioxide shall
be determined by the reference method in accordance with
40 CFR, Part 50, Appendix D, June 29, 1979.
e. Ambient concentrations of methane and
non-methane hydrocarbons shall be determined by the
reference method in accordance with 40 CFR, Part 50,
Appendix E, June 29, 1979.
f. Ambient concentrations of nitrogen dioxide
shall be determined by the reference method in accordance
with 40 CFR, Part 50, Appendix F, June 29, 1979.
g. Ambient concentrations of hydrogen sulfide
shall be determined by gas chromatographic separation -
flame photometric detection.
h. Ambient concentrations of lead shall be
determined by the reference method in accordance with 40
CFR, Part 50, Appendix G, June 29, 1979.
i. Ambient concentrations of PM10 particulate
shall be determined by a reference method in accordance
with 40 CFR, Part 50, Appendix J, or an equivalent method.
j. Ambient concentrations of PM2.5 particulate
shall be determined by the reference method based on 40
CFR, Part 50, Appendix L, as found in the Federal Register
dated July 18, 1997, on page 38714 - 38752.
1.7 Air quality standards are expressed in metric units
with the approximate equivalent volumetric units in
parentheses. The standard conditions for air ambient
monitoring is 760 mm. Hg and 25oC. The formula to
convert metric units to parts per million (ppm) is:
ppm (vol) =Fg/m3 X .024465 or mg/m3 X 24.465 X
10-6
MW MW
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
970 FINAL REGULATIONS
MW is molecular weight of the contaminant being
measured.
02/01/81
Section 2 - General Restrictions
2.1 No person shall cause the Air Quality Standards
specified in this Regulation to be exceeded.
02/01/81
Section 3 - Suspended Particulates
3.1 The Primary Ambient Air Quality Standards for
Particulate Matter are:
a. An annual geometric mean of 75 micrograms
per cubic meter not to be exceeded, based upon twenty-four
hour average concentrations.
b. A value of 260 micrograms per cubic meter not
to be exceeded more than once per year, based upon
twenty-four hour average concentrations.
3.2 The Secondary Ambient Air Quality Standards for
Particulate Matter are:
a. An annual geometric mean of 60 micrograms
per cubic meter as a guideline for achieving the secondary
standard based upon twenty- four hour average
concentrations.
b. A value of 150 micrograms per cubic meter not
to be exceeded more than once per year, based upon
twenty-four hour average concentrations.
02/01/81
Section 4 - Sulfur Dioxide
4.1 The Primary Ambient Air Quality Standards for
Sulfur Oxides measured as Sulfur Dioxide are as follows:
a. An annual arithmetic average value of 80 Fg/
m3, (0.03 ppm) not to be exceeded, based upon twenty-four
hour average concentrations.
b. A twenty-four average value of 365 Fg/m3
(0.14 ppm) not to be exceeded more than once per year
based upon twenty-four hour average concentrations.
4.2 The Secondary Ambient Air Quality Standards for
Sulfur Oxides measured as Sulfur Dioxide are as follows:
a. A three-hour average value of 1300
micrograms per cubic meter (0.5 ppm), not to be exceeded
more than once per year.
02/01/81
Section 5 - Carbon Monoxide
5.1 The average concentration of carbon monoxide
taken over any consecutive eight (8) hours shall not exceed a
value of 10 milligrams per cubic meter (9 ppm) more than
once per year.
5.2 The average concentration of carbon monoxide
taken over any one (1) hour period shall not exceed 40
milligrams per cubic meter (35 ppm) more than once per
year.
09/11/99
Section 6 - Ozone
6.1 1-hour primary and secondary ambient air quality
standards for ozone
The average number of days per calendar year with
a maximum one hour average value exceeding 235 Fg/m3
(0.12 ppm) shall be equal to or less than one, averaged over
three consecutive years. This standard shall be applicable to
New Castle and Kent Counties.
6.2 8-hour primary and secondary ambient air quality
standards for ozone
The average of the fourth highest daily maximum
8-hour average ozone concentration is less than or equal to
0.08 ppm, averaged over three consecutive years. This
standard applies to all Counties in Delaware.
02/01/81
Section 7 - Hydrocarbons
7.1 The hydrocarbons standard in subsection 7.2 is for
use as a guide in devising implementation plans to achieve
the ozone standard.
7.2 The average concentration of hydrocarbons,
exclusive of methane, taken over a three (3) hour period
from 6:00 to 9:00 a.m., local time, shall not exceed 160
micrograms per cubic meter (0.24 ppm) more than once per
year.
02/01/81
Section 8 - Nitrogen Dioxide
8.1 The annual arithmetic mean concentration of
nitrogen dioxide shall not exceed 100 micrograms per cubic
meter (0.05 ppm).
02/01/81
Section 9 - Hydrogen Sulfide
9.1 The average concentration of hydrogen sulfide
taken over any consecutive three (3) minutes shall not
exceed 0.06 ppm.
9.2 The average concentration of hydrogen sulfide
taken over any consecutive 60 minutes shall not exceed 0.03
ppm.
02/01/81
Section 10 - Lead
10.1 The 24 hour concentration of lead averaged
over a calendar quarter shall not exceed 1.5 micrograms per
cubic meter.
09/11/99
Section 11 - PM10 and PM2.5 Particulates
11.1 The Primary and Secondary Ambient Air
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 971
Quality Standards for Particulate Matter, measured as PM10
are:
a. 150 micrograms per cubic meter (Fg/m3), 24
hour average concentration. The standards are attained
when the 99th percentile 24-hour concentration, as
determined in accordance with 40 CFR, Part 50, Appendix
N, as found in the Federal Register dated July 18, 1997, on
page 38759, is less than or equal to 150 micrograms per
cubic meter (Fg/m3) expected number of days per calendar
year with a 24-hour average concentration above 150 Fg/m3,
as determined in accordance with 40 CFR, Part 50,
Appendix K, is equal to or less than one.
b. 50 micrograms per cubic meter (Fg/m3),
annual arithmetic mean. The standards are attained when the
expected annual arithmetic mean concentration, as
determined in accordance with 40 CFR, Part 50, Appendix
KN, as found in the Federal Register dated July 18, 1997, on
page 38759, is less than or equal to 50 Fg/m3.
11.2 The Primary and Secondary Ambient Air
Quality Standards for Particulate Matter, measured as PM2.5
are:
a. 65 micrograms per cubic meter (Fg/m3) 24-
hour average concentration. The 24-hour primary and
secondary PM2.5 standards are met when the 98th percentile
24-hour concentration, as determined in accordance with 40
CFR, Part 50, Appendix N, as found in the Federal Register
dated July 18, 1997, on page 38757 - 38758, is less than or
equal to 65 Fg/m3
b. 15.0 micrograms per cubic meter (Fg/m3)
annual arithmetic mean concentration. The annual primary
and secondary PM2.5 standards are met when the annual
arithmetic mean concentration, as determined in accordance
with 40 CFR, Part 50, Appendix N, as found in the Federal
Register dated July 18, 1997, on page 38756 - 38757, is less
than or equal to 15.0 Fg/m3
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code,
Section 6010 (7 Del.C. §6010)
Secretary's Order No.: 2003-A-002
Date of Issuance: January 13, 2003
Effective Date of the Amendment: February 11, 2003
I. Background
On Tuesday, November 26, 2002, a public hearing was
held in the Priscilla Building Conference Room of DNREC,
156 S. State Street, Dover to receive comment on the
Department's proposed amendments to Regulation 24,
Section 10 - Aerospace Coatings of the Delaware
Regulations Governing the Control of Air Pollution. The
Department proposes to revise this Regulation to correct an
error found in the recently promulgated regulation. Based
on the EPA's final Aerospace Manufacturing and Rework
MACT standard and EPA's final Control Technique
Guideline (CTG) document "Control of Volatile Organic
Compound Emissions from Coating Operations at
Aerospace Manufacturing and Rework Operations" issued
December 1997, the current definition of "Fire-Resistant
(interior) Coating" is not currently reflected in Regulation
24. The definition will be changed to correctly differentiate
between civilian aircraft subject to FAA fire worthiness
requirements, and military aircraft and space applications
subject to other flammability requirements. No comments
were received from any members of the public concerning
this proposed amendment. Proper notice of the hearing was
provided as required by law.
After the hearing, the Department performed an
evaluation of the evidence entered into the record in this
matter. Thereafter, the Hearing Officer prepared his report
and recommendation in the form of a Hearing Officer's
Report to the Secretary dated January 8, 2003, and that
memorandum is expressly incorporated herein by reference.
II. Findings and Conclusions
On the basis of the record developed in this matter, it
appears that AQM has provided a sound basis for the
proposed amendments to Regulation No. 24, Section 10.
III. Order
It is hereby ordered that the proposed amendments to
Regulation No. 24, Section 10 - Aerospace Coatings, be
promulgated in final form in accordance with the customary
statutory procedure.
IV. Reasons
This amendment of Regulation 24, Section 10 -
Aerospace Coatings, will rectify the previous error found in
this recently promulgated regulation. Furthermore, this
amended Regulation will continue to aid the State of
Delaware in attaining compliance with the 1-hour groundlevel
ozone standard set by the Environmental Protection
Agency (EPA), and will assist the Department in furtherance
of the policy and purposes of 7 Del. C., Ch. 60.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
972 FINAL REGULATIONS
John A. Hughes, Secretary
Section 10 - Aerospace Coatings
08/11/02 [02/11/03]
a. Applicability.
1. Except as provided for in (a)(2) and (a)(3), this
Section applies to any owner or operator of any aerospace
manufacturing or rework facility that conducts any of the
following operation(s):
i. hand-wipe cleaning;
ii. spray gun cleaning;
iii. flush cleaning;
iv. primer, topcoat, self-priming topcoat, and
specialty coating application;
v. the depainting of the outer surface of aerospace
vehicles (except for depainting parts or units normally
removed during depainting);
vi. Type I or Type II chemical milling maskant
application; and
vii. VOC handling and storage.
2. Except for the requirements in paragraph (c)(8), this
Section does not apply to the following operations in any
aerospace manufacturing or rework facility:
i. Chemical milling;
ii. Metal finishing;
iii. Electrodeposition (except for the electrodeposition
of paints); and
iv. Composite processing operations (except for
cleaning and coating of composite parts or components that
become part of an Aerospace vehicle or component as well
as composite tooling that comes in contact with such
composite parts or components prior to cure).
3. The requirements of this Section do not apply to
aerospace manufacturing or rework facilities whose
plant-wide, actual emissions from the operations in
paragraph (a)(1) without control devices are less than 6.8
kilograms (kg) (15 pounds [lbs]) of volatile organic
compounds (VOCs) per day.
4. Existing sources affected by this Section shall
comply with the provisions of this Section on and after the
effective date of this Section, except for the requirements of
paragraph (c)(6)(ii) and (c)(7). Existing sources affected by
this Section shall comply with the requirements of paragraph
(c)(6)(ii) and (c)(7) beginning as soon as practible, but no
later than the date one year after the effective date of this
Section. New, modified, or reconstructed sources affected
by this Section shall comply with the provisions of this
Section on and after startup. Notwithstanding Section (1)(e)
of Regulation 24, any owner or operator currently permitted
under Regulation 2 and/or Regulation 30 to operate an
aerospace manufacturing or rework facility shall submit to
the Department an application to amend the current permit
and to comply with the provisions of this Section, pursuant
to Regulation 2 and/or Regulation 30, as applicable.
5. Any facility that becomes or is currently subject to
the provisions of this Section by exceeding the applicability
threshold in paragraph (a)(3) of this Section shall remain
subject to these provisions even if its emissions later fall
below the applicability threshold.
6. Any facility that is currently subject to a state or
federal rule promulgated pursuant to the Clean Air Act
Amendments of 1977 by exceeding an applicability
threshold is and shall remain subject to these provisions,
even if its throughput or emissions later fall below the
applicability threshold.
b. Definitions. As used in this Section, all terms not
defined herein shall have the meaning given them in the
November 15, 1990 Clean Air Act Amendments (CAAA), or
in Section 2 of Regulation 24 of the State of Delaware
"Regulations Governing the Control of Air Pollution".
"Ablative coating" means a specialty coating that
chars when exposed to open flame or extreme temperatures,
as would occur during the failure of an engine casing or
during aerodynamic heating. The ablative char surface
serves as an insulation barrier, protecting adjacent
components from the heat or open flame.
"Adhesion promoter" means a very thin specialty
coating applied to a substrate to promote wetting and form a
chemical bond with the subsequently applied material.
"Adhesive bonding" means the joining together of two
or more metal parts, such as the parts of a honeycomb core.
The surfaces to be bonded are first coated with an adhesive
bonding primer to promote adhesion and protect from
subsequent corrosion. Structural adhesives are applied as
either a thin film or as a paste, and can be oven cured or
cured in an autoclave.
"Adhesive bonding primer" means a specialty coating
that is applied in a thin film to aerospace components for the
purpose of corrosion inhibition and increased adhesive bond
strength by attachment. There are two categories of
adhesive bonding primers: primers with a design cure at
250oF or below and primers with a design cure above
250oF.
"Aerospace manufacturing or rework facility"
means a commercial, civil, or military facility that produces
in any amount an aerospace vehicle or component, or a
commercial, civil, or military facility that reworks (or
repairs) any aerospace vehicle or component.
"Aerospace vehicle or component" means any
fabricated part, processed part, assembly of parts, or
completed unit of any aircraft including, but not limited to,
airplanes, helicopters, missiles, rockets, and space vehicles.
"Aircraft fluid system" means those systems that
handle hydraulic fluids, fuel, cooling fluids, or oils.
"Aircraft transparency" means the aircraft
windshield, canopy, passenger windows, lenses and other
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 973
components that are constructed of transparent materials.
"Antichafe coating" means a coating applied to areas
of moving aerospace components that may rub during
normal operations or installation.
"Bearing coating" means a specialty coating applied to
an antifriction bearing, a bearing housing, or the area
adjacent to such a bearing in order to facilitate bearing
function or to protect base material from excessive wear. A
material shall not be classified as a bearing coating if it can
also be classified as a dry lubricative material or a solid film
lubricant.
"Bonding maskant" means a temporary specialty
coating used to protect selected areas of aerospace parts from
strong acid or alkaline solutions during processing for
bonding.
"Brush coating," means the application of a coating
material to a substrate by means of a brush (this technique is
commonly used for touch-up and maskant operations).
"Caulking and smoothing compounds" means
semi-solid specialty coating materials which are applied by
hand application methods and are used to aerodynamically
smooth exterior vehicle surfaces or fill cavities such as bolt
hole accesses. A material shall not be classified as a
caulking and smoothing compound if it can also be classified
as a sealant.
"Chemical agent-resistant coating (CARC)" means
an exterior topcoat; specialty coating designed to withstand
exposure to chemical warfare agents or the decontaminants
used on these agents.
"Chemical milling" means a process used to reduce the
thickness of selected areas of metal parts in order to reduce
weight by submerging the metal parts in an etchant.
"Chemical milling maskant" means a coating that is
applied directly to aluminum components to protect surface
areas when chemically milling the component with a Type I
or II etchant. Type I chemical milling maskants are used
with a Type I etchant and Type II chemical milling maskants
are used with a Type II etchant. This definition does not
include bonding maskants, critical use and line sealer
maskants, and seal coat maskants. Additionally, maskants
that must be used with a combination of Type I or II etchants
and any of the above types of maskants (i.e., bonding,
critical use and line sealer, and seal coat) are not included.
"Chemical milling maskant application" means the
use of spray equipment or a dip tank to apply a Chemical
milling maskant, prior to chemically milling the component
with a Type I or II etchant.
"Cleaning operation" means collectively spray gun,
hand-wipe, and flush cleaning operations.
"Cleaning solvent" means a liquid VOC containing
material used for hand-wipe, spray gun, or flush cleaning.
"Clear coating" means a transparent coating applied to
any substrate.
"Coating" means a material that is applied to the
surface of an aerospace vehicle or component to form a
decorative, protective, or functional solid film, or the solid
film itself.
"Coating operation" means the use of a spray booth,
tank, or other enclosure or area, such as a hangar, for the
application of a single type of coating (e.g., primer). The use
of the same spray booth for the application of another type of
coating (e.g., topcoat) constitutes a separate coating
operation for which compliance determinations are
performed separately.
"Commercial exterior aerodynamic structure
primer" means a specialty coating primer used on
aerodynamic components and structures that protrude from
the fuselage, such as wings and attached components,
control surfaces, horizontal stabilizers, vertical fins,
wing-to-body fairings, antennae, and landing gear and doors,
for the purpose of extended corrosion protection and
enhanced adhesion.
"Commercial interior adhesive" means specialty
coating materials used in the bonding of passenger cabin
interior components that meet the FAA fire worthiness
requirements.
"Compatible substrate primer" means a specialty
coating that is either a compatible epoxy primer or an
adhesive primer. Compatible epoxy primer is primer that is
compatible with the filled elastomeric coating and is epoxy
based. The compatible substrate primer is an
epoxy-polyamide primer used to promote adhesion of
elastomeric coatings such as impact-resistant coatings.
Adhesive primer is a coating that (1) inhibits corrosion and
serves as a primer applied to bare metal surfaces or prior to
adhesive application, or (2) is applied to surfaces that can be
expected to contain fuel. Fuel tank coatings are excluded
from this category.
"Composite processing operations" include layup,
thermal forming, debulking, curing, break-out, compression
molding, and injection molding. Layup means the process of
assembling the layers of the composite structure by
positioning composite material in a mold and impregnating
the material with a resin. Thermal forming means the
process of forming the layup in a mold, which usually takes
place in an autoclave. Debulking means the simultaneous
application of low-level heat and pressure to the composite
structure to force out excess resin, trapped air, vapor, and
volatiles from between the layers of the composite structure.
Curing means the process of changing the resin into a solid
material through a polymerization reaction. Break-out
means the removal of the composite structure from the mold
or curing fixtures. Compression molding means the process
of filling one half of molds with a molding compound,
closing the mold, and applying heat and pressure until the
material is cured. Injection molding means the use of a
closed mold, where the molding compound is injected into
the mold, maintained under pressure, and then cured by
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974 FINAL REGULATIONS
applying heat.
"Corrosion prevention system" means a coating
system that provides corrosion protection by displacing
water and penetrating mating surfaces, forming a protective
barrier between the metal surface and moisture. Coatings
containing oils or waxes are excluded from this category.
"Critical use line and sealer maskant" means a
temporary specialty coating, not covered under other
maskant categories, used to protect selected areas of
aerospace parts from strong acid or alkaline solutions such as
those used in anodizing, plating, chemical milling and
processing of magnesium, titanium, or high-strength steel,
high-precision aluminum chemical milling of deep cuts, and
aluminum chemical milling of complex shapes. Materials
used for repairs or to bridge gaps left by scribing operations
(i.e., line sealer) are also included in this category.
"Cryogenic flexible primer" means a specialty coating
primer designed to provide corrosion resistance, flexibility,
and adhesion of subsequent coating systems when exposed
to loads up to and surpassing the yield point of the substrate
at cryogenic temperatures (-275oF and below).
"Cryoprotective coating" means a specialty coating
that insulates cryogenic or subcooled surfaces to limit
propellant boil-off, maintain structural integrity of metallic
structures during ascent or re-entry, and prevent ice
formation.
"Cyanoacrylate adhesive" means a fast-setting, single
component specialty coating adhesive that cures at room
temperature. Also known as "super glue."
"Depainting" means the removal of any coating from
the outer surface of an aerospace vehicle or component by
either chemical or non-chemical means.
"Depainting operation" means the use of a chemical
agent, media blasting, or any other technique to remove
coatings from the outer surface of aerospace vehicles or
components. The depainting operation includes washing of
the aerospace vehicle or component to remove residual
stripper and coating residue.
"Dip coating" means the application of a coating
material to a substrate by dipping the part into a tank of the
coating material.
"Dry lubricative material" means a specialty coating
consisting of lauric acid, cetyl alcohol, waxes, or other
noncross linked or resin-bound materials that act as a dry
lubricant.
"Electric or radiation-effect coating" means a
specialty coating or coating system engineered to interact,
through absorption or reflection, with specific regions of the
electromagnetic energy spectrum, such as the ultraviolet,
visible, infrared, or microwave regions. Uses include, but
are not limited to, lightning strike protection,
electromagnetic pulse (EMP) protection, and radar
avoidance. Coatings that have been designated as
"classified" by the Department of Defense are exempt.
"Electrodeposition" means an additive process for
metal substrates in which another metal layer is added to the
substrate in order to enhance corrosion and wear resistance
necessary for the successful performance of the component.
The two types of electrodeposition typically used are
electroplating and plasma arc spraying.
"Electrostatic discharge and electromagnetic
interference (EMI) coating" means a specialty coating
applied to space vehicles, missiles, aircraft radomes, and
helicopter blades to disperse static energy or reduce
electromagnetic interference.
"Electrostatic spray" means a method of applying a
spray coating in which opposite electrical charges are
applied to the substrate and the coating. The coating is
attracted to the substrate by the electrostatic potential
between them.
"Elevated-temperature Skydrol-resistant
commercial primer" means a specialty coating primer
applied primarily to commercial aircraft (or commercial
aircraft adapted for military use) that must withstand
immersion in phosphate-ester (PE) hydraulic fluid (Skydrol
500b or equivalent) at the elevated temperature of 150oF for
1,000 hours.
"Epoxy polyamide topcoat" means a specialty coating
used where harder films are required or where engraving is
accomplished in camouflage colors.
"Etchant" means a chemical used to mill a part or
subassembly (e.g., sodium hydroxide for aluminum parts).
"Exempt solvent" means an organic compound that
has been determined to have negligible photochemical
reactivity, as specified, and is defined in Regulation 24,
Section 2 under "exempt compounds."
"Fire-resistant (interior) coating" means for civilian
aircraft, fire-resistant interior specialty coatings used on
passenger cabin interior parts that are subject to the FAA fire
worthiness requirements. For military aircraft, fire-resistant
interior coatings means coatings that are used on parts that
are subject to the flammability requirements of MIL-STD-
1630A and MIL-A-87721. For space applications, fireresistant
interior coatings means coatings that these specialty
coatings are used on parts that are subject to the flammability
requirements of SE-R-0006 and SSP 30233.
"Flexible primer" means a specialty coating primer
that meets flexibility requirements such as those needed for
adhesive bond primed fastener heads or on surfaces expected
to contain fuel. The flexible coating is required because it
provides a compatible, flexible substrate over bonded sheet
rubber and rubber-type coatings as well as a flexible bridge
between the fasteners, skin, and skin-to-skin joints on outer
aircraft skins. This flexible bridge allows more topcoat
flexibility around fasteners and decreases the chance of the
topcoat cracking around the fasteners. The result is better
corrosion resistance.
"Flow coating" means the application of a coating
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FINAL REGULATIONS 975
material to a substrate by pouring the coating over the
suspended part.
"Flush cleaning" means the cleaning of an aerospace
vehicle or component by passing solvent over, into, or
through the vehicle or component. The solvent may simply
be poured into the vehicle or component and then drained, or
assisted by air or hydraulic pressure, or by pumping.
Hand-wipe cleaning operations where wiping, scrubbing,
mopping, or other hand action is used are not flush cleaning
operations.
"Formulation" means a specific coating made by a
specific manufacturer. Each different color of a specific
coating is considered a separate formulation.
"Fuel tank adhesive" means a specialty coating
adhesive used to bond components exposed to fuel which
shall be compatible with fuel tank coatings.
"Fuel tank coating" means a specialty coating applied
to fuel tank components for the purpose of corrosion and/or
bacterial growth inhibition, and to assure sealant adhesion in
extreme environmental conditions.
"Hand-wipe cleaning operation" means the removal
of contaminants such as dirt, grease, oil, and coatings from
aerospace vehicles or components by physically rubbing
them with a material such as a rag, paper, or cotton swab that
has been moistened with a cleaning solvent.
"High temperature coating" means a specialty coating
designed to withstand temperatures of more than 350oF.
"High volume low pressure (HVLP) spray
equipment" means spray equipment that is used to apply
coatings using a spray gun that operates at equal to or less
than 10.0 psig of atomized air pressure at the air cap.
"Insulation covering" means a specialty coating
material that is applied to foam insulation to protect the
insulation from mechanical or environmental damage.
"Intermediate release coating" means a thin specialty
coating applied beneath topcoats to assist in removing the
topcoat in depainting operations, which generally allows the
use of less hazardous depainting methods.
"Lacquer" means a clear or pigmented specialty
coating formulated with a nitrocellulose or synthetic resin to
dry by evaporation without a chemical reaction. Lacquers
are resoluble in their original solvent.
"Leak" means any visible leakage, including misting
and clouding.
"Limited access space" means internal surfaces or
passages of an aerospace vehicle or component that cannot
be reached for the application of coatings without the aid of
an airbrush or a spray gun extension.
"Metal finishing" means conversion coating,
anodizing, desmutting, descaling, and any operation that
chemically affect the surface layer of a part, and is used to
prepare the surface of a part for better adhesion, improved
surface hardness, and improved corrosion resistance.
"Metalized epoxy coating" means a specialty coating
that contains relatively large quantities of metallic
pigmentation for appearance and/or added protection.
"Mold release" means a specialty coating applied to a
mold surface to prevent the molded piece from sticking to
the mold as it is removed.
"Non-chemical-based depainting equipment" means
any depainting equipment or technique that does not rely on
a chemical stripper to depaint an aerospace vehicle or
component (e.g., media blasting equipment).
"Nonstructural adhesive" means a specialty coating
adhesive that bonds nonload bearing aerospace components
in noncritical applications and is not covered in any other
specialty adhesive categories.
"Part marking coating" means a specialty coating or
ink used to make identifying markings on materials,
components, and/or assemblies. These markings may be
either permanent or temporary.
"Pretreatment coating" means an organic specialty
coating that contains at least 0.5 percent acids by weight and
is applied directly to metal or composite surfaces to provide
surface etching, corrosion resistance, adhesion, and ease of
stripping.
"Primer" means the first layer and any subsequent
layers of identically formulated coating applied to the
surface of an aerospace vehicle or component. Primers are
typically used for corrosion prevention, environment
protection, functional fluid resistance, and adhesion
promotion of subsequent coatings. Primers that are defined
as specialty coatings are not included under this definition.
"Radome" means the non-metallic protective housing
for electromagnetic transmitters and receivers (e.g., radar,
electronic countermeasures, etc.).
"Rain erosion-resistant coating" means a specialty
coating or coating system used to protect the leading edges
of parts such as flaps, stabilizers, radomes, engine inlet
nacelles, etc. against erosion caused by rain impact during
flight.
"Research and development" means an operation
whose primary purpose is for research and development of
new processes and products and that is conducted under the
close supervision of technically trained personnel and is not
involved in the manufacture of final or intermediate products
for commercial purposes, except in a de minimis manner.
"Rocket motor bonding adhesive" means a specialty
coating adhesive used in rocket motor bonding applications.
"Rocket motor nozzle coating" means a catalyzed
epoxy specialty coating system used in elevated temperature
applications on rocket motor nozzles.
"Rubber-based adhesive" means a quick setting,
specialty coating contact cement that provides a strong, yet
flexible bond between two mating surfaces that may be of
dissimilar materials.
"Scale inhibitor" means a specialty coating that is
applied to the surface of a part prior to thermal processing to
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
976 FINAL REGULATIONS
inhibit the formation of scale.
"Screen print ink" means a specialty coating ink used
in screen printing processes during fabrication of decorative
laminates and decals.
"Sealant" means a specialty coating material used to
prevent the intrusion of water, fuel, air, or other liquids or
solids from certain areas of aerospace vehicles or
components. There are two categories of sealants:
extrudable/rollable/brushable sealants and sprayable
sealants.
"Seal coat maskant" means a specialty coating
overcoat applied over a maskant to improve abrasion and
chemical resistance during production operations.
"Self-priming topcoat" means a coating that is applied
directly to an Aerospace vehicle or component for purposes
of corrosion protection, environmental protection, and
functional fluid resistance and that is not subsequently
topcoated. More than one layer of identical coating
formulation may be applied to the aerospace vehicle or
component. Self-priming topcoats that are defined as
specialty coatings are not included under this definition.
"Silicone insulation material" means an insulating
specialty coating material applied to exterior metal surfaces
for protection from high temperatures caused by atmospheric
friction or engine exhaust. These materials differ from
ablative coatings in that they are not "sacrificial."
"Solids" means the nonvolatile portion of the coating
that after drying makes up the dry film.
"Solid film lubricant" means a very thin specialty
coating consisting of a binder system containing as its main
pigment material one or more of the following:
molybdenum, graphite, polytetrafluoroethylene (PTFE), or
other solids that act as a dry lubricant between faying (i.e.,
closely or tightly fitting) surfaces.
"Space vehicle" means a man-made device, either
manned or unmanned, designed for operation prototypes,
molds, jigs, tooling, hardware jackets, and test coupons.
Also included is auxiliary equipment associated with test,
transport, and storage that through contamination can
compromise the space vehicle performance.
"Specialty coating" means a coating that, even though
it meets the definition of a primer, topcoat, or self-priming
topcoat, has additional performance criteria beyond those of
primers, topcoats, and self-priming topcoats for specific
applications. These performance criteria may include, but
are not limited to, temperature or fire resistance, substrate
compatibility, antireflection, temporary protection or
marking, sealing, adhesively joining substrates, or enhanced
corrosion protection. A specialty coating is any coating
listed in Table 7-1 and defined in paragraph (b) of this
Section.
"Specialized function coating" means a specialty
coating that fulfills extremely specific engineering
requirements that are limited in application and are
characterized by low volume usage. This category excludes
coatings covered in other Specialty Coating categories.
"Spray gun" means a device that uses air pressure or
air flow to atomize a coating or other material, and to project
the atomized coating particulates or other material onto a
component.
"Stripper" means a liquid that is applied to an
aerospace vehicle or component to remove primer, topcoat,
self-priming topcoat, or coating residue.
"Structural autoclavable adhesive" means a specialty
coating adhesive used to bond load-carrying aerospace
components that are cured by heat and pressure in an
autoclave.
"Structural nonautoclavable adhesive" means a
specialty coating adhesive cured under ambient conditions
that is used to bond load-carrying aerospace components or
other critical functions, such as nonstructural bonding in the
proximity of engines.
"Surface preparation" means the removal of
contaminants from the surface of an aerospace vehicle or
component, or the activation or reactivation of the surface in
preparation for the application of a coating.
"Temporary protective coating" means a specialty
coating applied to provide scratch or corrosion protection
during manufacturing, storage, or transportation. Two types
include peelable protective coatings and alkaline removable
coatings. These materials are not intended to protect against
strong acid or alkaline solutions. Coatings that provide this
type of protection from chemical processing are not included
in this category.
"Thermal control coating" means a specialty coating
formulated with specific thermal conductive or radiative
properties to permit temperature control of the substrate.
"Topcoat" means a coating that is applied over a
primer on an aerospace vehicle or component for
appearance, identification, camouflage, or protection.
Topcoats that are defined as specialty coatings are not
included under this definition.
"Touch-up and repair coating" means a coating used
to cover minor coating imperfections appearing after the
main coating operation.
"Touch-up and repair operation" means that portion
of the coating operation that is the incidental application of
coating used to cover minor imperfections in the coating
finish or to achieve complete coverage. This definition
includes out-of-sequence or out-of-cycle coating. Touch-up
and repair operations are not to exceed an area of 4 square
feet per aerospace vehicle.
"Type II etchant" or "Type II chemical milling
etchant" means a Chemical milling etchant that is a strong
sodium hydroxide solution containing amines (Type I
etchants do not contain amines).
"Volatile Organic Compound (VOC)" means any
compound defined as VOC in Regulation 24, Section 2 -
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FINAL REGULATIONS 977
Definitions.
"VOC composite vapor pressure" means the sum of
the partial pressures of the compounds defined as VOC's and
is determined by the following calculation:
(Wi)(VPi)
n
PPc ?????MWi
n n
i?1 Ww ????We ????Wi
MWw MWe MWi
e?1 i?1
Wi = Weight of the "i"th VOC compound,
grams
Ww = Weight of water, grams
We = Weight of nonwater, non-VOC compound,
grams
MWi = Molecular weight of the "i"th VOC
compound, g/g-mole
MWw = Molecular weight of water, g/g-mole
MWe = Molecular weight of exempt compound,
g/g-mole
PPc = VOC composite partial pressure at 20oC,
mm Hg
VPi = Vapor pressure of the "i"th VOC
compound at 20oC, mm Hg
"Wet fastener installation coating" means a specialty
coating primer or sealant applied by dipping, brushing, or
daubing to fasteners that are installed before the coating is
cured.
"Wing coating" means a corrosion-resistant specialty
coating topcoat that is resilient enough to withstand the
flexing of the wings.
c. Standards.
1. Hand-Wipe Cleaning Operations.
i. Except as exempted in paragraph (c)(1)(ii), no
person subject to this Section shall cause or allow on any day
the use of any cleaning solvent in any hand-wipe cleaning
operation that does not comply with one of the following
limits:
A. VOC composite vapor pressure should be
less than 45 millimeters (mm) mercury (Hg) (1.8 inches [in]
Hg) at 20 degrees Celsius ((C) (68 degrees Fahrenheit [(F]).
B. Cleaning solvent shall be an aqueous
cleaning solvent (i.e., a solvent in which water is at least 80
percent of the solvent, as applied).
ii. The requirements of paragraphs (c)(1)(i) of this
Section shall not apply to the following hand-wipe cleaning
operations:
A. Cleaning during the manufacture,
assembly, installation, maintenance, or testing of
components of breathing oxygen systems that are exposed to
the breathing oxygen.
B. Cleaning during the manufacture,
assembly, installation, maintenance, or testing of parts,
subassemblies, or assemblies that are exposed to strong
oxidizers or reducers (e.g., nitrogen tetroxide, liquid oxygen,
and hydrazine).
C. Cleaning and surface activation prior to
adhesive bonding.
D. Cleaning of electronics and assemblies
containing electronics.
E. Cleaning of aircraft fluid system and
ground support equipment fluid systems that are exposed to
the fluid, including air-to-air heat exchangers and hydraulic
fluid systems.
F. Cleaning of fuel cells, fuel tanks, and
limited-access spaces.
G Surface cleaning of solar cells, coated
optics, and thermal control surfaces.
H. Cleaning during fabrication, assembly,
installation, and maintenance of upholstery, curtains, carpet,
and other textile materials used on the interior of the aircraft.
I. Cleaning of metallic and non-metallic
materials used in honeycomb cores during the manufacture
or maintenance of these cores, and cleaning of the completed
cores used in the manufacture of aerospace vehicles or
components.
J. Cleaning of aircraft transparencies.
K. Cleaning associated with research and
development, quality control, and laboratory testing.
2. Spray Gun Cleaning Operations.
i. No person subject to this Section shall cause or
allow on any day the use of any spray gun cleaning
techniques that does not comply with one of the following:
A. Use of an enclosed spray gun cleaning
system that is kept closed when not in use.
B. Non-atomized discharge of solvent into a
waste container that is kept closed when not in use.
C. Disassembly of the spray gun and placing
the parts for cleaning in a vat that is kept closed when not in
use.
D. Atomized spray into a waste container that
is fitted with a device that captures atomized solvent
emissions.
E. Any alternative technique that has been
demonstrated to, and accepted by the Department as
producing emissions that are equal to or less than the
emissions from the techniques specified in paragraph
(c)(2)(i)(A) through (D) of this Section. Emissions from any
alternative technique shall be demonstrated pursuant to test
protocols that are approved in advance by the Department.
ii. Any enclosed spray gun cleaner shall be
visually inspected for leaks at least once per month. Such
inspection shall occur while the enclosed spray gun cleaner
is in operation.
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978 FINAL REGULATIONS
iii. Leaks from any enclosed spray gun cleaner
shall be repaired as soon as practicable, but no later than 15
days from when the leak is first discovered.
iv. If any leak is not repaired by the 15th day after
detection, the solvent shall be removed and the enclosed
cleaner shall be shut down until the leak is repaired.
3. Flush Cleaning. Any cleaning solvents used during
flush cleaning operations shall be handled pursuant to
paragraph (c)(8) of this Section.
4. Primer, Topcoat, and Self-Priming Topcoat
Application.
i. Except as provided for in paragraph (c)(4)(ii),
(d) and (e) of this Section, no person subject to this Section
shall cause or allow on any day the application of any
primer, topcoat, and/or self-priming topcoat with a VOC
content that does not comply with the following limits:
A. Primers shall have a VOC content equal to
or less than 350 g/L (2.9 lb/gal), excluding water and exempt
compounds, as applied.
B. Topcoats and self-priming topcoats shall
have a VOC content equal to or less than 420 g/L (3.5 lb/
gal), excluding water and exempt compounds, as applied.
ii. The requirements of paragraphs (c)(4)(i)(B) of
this Section shall not apply to facilities that use less than 50
gallons per consecutive rolling 12-month period of a
particular formulation of topcoat, or self-priming topcoat
provided:
A. Each topcoat and self-priming topcoat
shall have a VOC content equal to or less than 720 g/L (6.0
lb/gal), excluding water and exempt compounds as applied.
B. A total of not more than 200 gallons per
consecutive rolling 12-month period of all such high VOC
coatings are used at the facility.
iii. Except as provided for in paragraph (c)(4)(iv)
of this Section, no person subject to this Section shall cause
or allow on any day the use of any application technique to
apply any primer, topcoat, or self-priming topcoat other than
the following:
A. flow/curtain coat, roll coat, brush coat, dip
coat, cotton-tip swab application, electrostatic spray,
electrodeposition, or high volume low pressure (HVLP)
spray guns;
B. Any alternate technique that has been
demonstrated to and accepted by the Department as
providing emissions that are less than or equal to the
emissions from HVLP or electrostatic spray application
techniques. Emissions from any alternate techniques shall
be demonstrated pursuant to test protocols that are approved
in advance by the Department. Such tests shall, at a
minimum, compare the emission levels determined using an
initial 90-day period of HVLP or electrostatic spray
attraction techniques with the emission levels determined
using the alternate technique for a period of time necessary
to coat the equivalent amount of parts with the same
coatings.
iv. The equipment standards and application
techniques in paragraph (c)(4)(iii) of this Section shall not
apply to the following primer, topcoat and self-priming
topcoat application operations:
A. The application of coatings in any limited
access space.
B. The application of coatings that contain
fillers that adversely affect atomization with HVLP spray
guns and cannot be applied by any of the application
techniques specified in paragraph (c)(4)(iii) of this Section.
C. The application of coatings that normally
have a dried film thickness of less than 0.0005 inches and
cannot be applied by any of the application techniques
specified in paragraph (c)(4)(iii) of this Section.
D. The use of airbrush application methods
for stenciling, lettering, and other identification markings.
E. Any touch-up and repair operation.
v. All application equipment shall be operated
according to the manufacturer's specifications at all times,
even if it is exempt from the equipment standards specified
in paragraph (c)(4)(iii) of this Section.
5. Depainting Operation. No person subject to this
Section shall cause or allow on any day the use of any
stripper that does not comply with one of the following
limits:
i. VOC composite vapor pressure shall be less
than 10 mm Hg (0.4 in. Hg) at 20(C (68(F).
ii. VOC content shall be less than 400 g/L (3.3 lb/
gal), excluding water and exempt compounds, as applied.
6. Chemical Milling Maskant Application.
Except as provided for in paragraph (d) or (e) of
this Section, no person subject to this Section shall cause or
allow on any day the application of any chemical milling
maskant with a VOC content that does not comply with the
following emission limits:
i. For any Type I maskant, VOC content equal or
less than 622 g/L (5.2 lbs/gal), excluding water and exempt
compounds, shall be applied; or
ii For any Type II maskant, VOC content equal
or less than 160 g/L (1.3 lbs/gal), excluding water and
exempt compounds, shall be applied.
7. Specialty Coatings
Except as provided for in paragraph (d) or (e) of
this Section, no person subject to this Section shall cause or
allow on any day the application of any specialty coating that
has a VOC content, excluding water and exempt compounds,
as applied, that is greater than the limits specified in Table
7-1:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 979
TABLE 7-1. VOC CONTENT LIMITS FOR SPECIALTY COATINGS (g/L)a
Coating Type Limit Coating Type Limit
Ablative Coating 600 Epoxy Polyamide Topcoat 660
Adhesives:
Commercial Interior Adhesive
Cyanoacrylate Adhesive
Fuel Tank Adhesive
Nonstructural Adhesive
Rocket Motor Bonding Adhesive
Rubber-based Adhesive
Structural Autoclavable Adhesive
Structural Nonautoclavable Adhesive
760
1,020
620
360
890
850
60
850
Fire-Resistant (interior) Coating 800
Flexible Primer 640
Flight-Test Coatings:Missile or Single Use Aircraft
All other
420
840
Fuel-Tank Coating 720
High-Temperature Coating 850
Insulation Covering 740
Adhesion promoter 890 Intermediate Release Coating 750
Adhesive Bonding Primers:
Cured at 250oF or below
Cured above 250oF
850
1,030
Lacquer 830
Antichafe coating 660 Maskants (excluding Type I and Type II):
Bonding maskant
Critical Use and Line Sealer Maskant
Seal Coat Maskant
1,230
1,020
1,230
Bearing coating 620 Pretreatment Coating
780
Caulking and smoothing compounds 850 Rain Erosion-Resistant Coating
850
Chemical Agent-Resistant Coating 550 Rocket Motor Nozzle Coating 660
Clear Coating 720 Scale Inhibitor 880
Commercial exterior aerodynamic structure primer 650 Screen Print Ink 840
Compatible Substrate Primer 780 Sealants:
Extrudable/Rollable/Brushable Sealant
Sprayable Sealant
280
600
Corrosion Prevention Compound 710 Silicone Insulation Material 850
Cryogenic Flexible Primer 645 Solid Film Lubricant 880
Cryoprotective Coating 600 Specialized Function Coating 890
Dry Lubricative Material 880 Temporary Protective Coating 320
Electric or Radiation-Effect Coating 800 Thermal Control Coating 800
Electrostatic Discharge and Electromagnetic Interference (EMI)
Coating
800 Wet Fastener Installation Coating 675
Elevated-Temperature Skydrol-Resistant Commercial Primer 740 Wing Coating 850
a Coating limits expressed in terms of mass (grams) of
VOC per volume (liters) of coating less water and less
exempt solvent. To convert from g/L to lbs/gallon multiply
by 0.00835.
8. VOC Handling and Storage.
i. Except as provided in paragraph (c)(8)(ii) of
this Section, any person subject to this Section shall use
good house keeping measures when handling any VOC and
any VOC-containing material at the facility. Such measures
shall include:
A. Handling and transferring all fresh and
spent cleaning solvent and other VOC-containing material to
or from any container, tank, vat, vessel, or piping system,
etc. in such a manner that minimizes losses.
B. All fresh and spent solvents and
VOC-containing material shall be stored in closed containers
at all times except during filling or emptying.
C. All solvent-laden cloths, papers, or other
absorbent materials shall be placed in closed containers
immediately after use.
ii. The requirements in paragraph (c)(8)(i) of this
Section shall not apply to wastes that are determined to be
hazardous wastes under the Resource Conservation and
Recovery Act of 1976 (PL 94-580) (RCRA), as implemented
by 40 Code of Federal Regulations (CFR) Parts 260 and 261,
and that are subject to RCRA requirements, as implemented
in 40 CFR Parts 262 through 268.
d. Daily-Weighted Average Limitations. As an alternative
to complying with the individual limits specified in
paragraphs (c)(4)(i)(A), (c)(4)(i)(B), (c)(6)(i), (c)(6)(ii), and
(c)(7) of this Section, coatings in any primer, topcoat,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
980 FINAL REGULATIONS
chemical milling maskant, or specialty coating application
operation shall not be applied at the facility, during any day,
whose daily-weighted average VOC content, calculated in
accordance with the procedure specified in Appendix "C" of
Regulation 24 and the provisions listed below, exceeds the
applicable emission limits in paragraphs (c)(4)(i)(A),
(c)(4)(i)(B), (c)(6)(i), (c)(6)(ii), and (c)(7) of this Section, as
applicable.
1. Averaging between primers, topcoats, self-priming
topcoats, chemical milling maskants and/or specialty
coatings is prohibited.
2. Averaging between coatings used in operations
where air emissions are not captured and controlled and
coatings used in operations where air emissions are captured
and controlled is prohibited.
e. Control Devices.
1. As an alternative to complying with the individual
limits specified in paragraph (c)(4)(i)(A), (c)(4)(i)(B),
(c)(6)(i), (c)(6)(ii), and (c)(7), any person subject to this
Section shall, for any primer, topcoat, self-priming topcoat,
chemical milling maskant, and/or specialty coating
application operation:
i. Install, test, calibrate, operate, maintain, and
monitor according to the manufacturer's specifications, as
approved by the Department, an air pollution control device
consisting of a capture and control system on that operation;
and
ii. Demonstrate that the overall emission
reduction efficiency achieved is equal to or greater than 81
weight percent.
2. The procedures in Appendix "D" and Appendix "E"
of Regulation 24 shall be used to demonstrate compliance
with paragraph (e)(1)(ii) of this Section. The method in
Appendix "I" of Regulation 24 may be used to determine an
alternative multi-day rolling period when calculating the
efficiency of any carbon absorption system.
f. Test Methods.
1. The VOC composite vapor pressure specified in
paragraph (c)(1)(i)(A) and paragraph (c)(5)(i) of this Section
shall be determined either by using ASTM Method E
260-91, manufacturer's supplied data, or standard
engineering reference text values.
2. The water content specified in paragraph
(c)(1)(i)(B) of this Section shall be determined using the test
methods found in Appendix "A" and Appendix "B" of
Regulation 24.
3. The VOC content specified in paragraph
(c)(4)(i)(A) and (c)(4)(i)(B) shall be determined by using the
test method found in Appendix "A" and Appendix "B" of
Regulation 24.
g. Record keeping. Any person subject to this Section
shall maintain at the facility for a minimum period of 5 years
from the information's date of record, all of the following
information. Such information shall be immediately
submitted to the Department upon written or verbal request.
1. For any person subject to the requirements of
paragraph (c)(1) of this Section (i.e., hand-wipe cleaning
operations):
i. Identification of each hand-wipe cleaning
solvent used at the facility;
ii. The composite vapor pressure of each
hand-wipe cleaning solvent complying with paragraph
(c)(1)(i)(A), and all supporting documentation, to include
any test reports and/or calculations.
iii. The water content of each hand-wipe cleaning
solvent complying with paragraph (c)(1)(i)(B), and all
supporting documentation, to include any test reports and/or
calculations.
iv. Identification of each hand-wipe cleaning
solvent used at the facility pursuant to paragraph (c)(1)(ii) of
this Section, and a list of the parts, assemblies, or
subassemblies cleaned with each such hand-wipe cleaning
solvent.
2. For any person subject to paragraph (c)(2) of this
Section (i.e., spray gun cleaning):
i. A description of each method used to clean
spray guns.
ii. Records of the inspections conducted pursuant
to paragraph (c)(2)(ii)(A).
iii. For any leak found pursuant to paragraph
(c)(2)(ii)(A), records indicating the source of the leak, the
date the leak was discovered, and the date the leak was
repaired.
3. For any person subject to paragraph (c)(4) of this
Section (i.e., primer, topcoat, and self-priming topcoat
application):
i. For each coating applied pursuant to paragraph
(c)(4)(ii) of this Section.
A. Not later than the 5th day of each month,
identification of each coating used at the facility pursuant to
paragraph (c)(4)(ii) of this Section during the preceding
month.
B. The volume used of each coating
identified in paragraph (g)(3)(i)(A) of this Section.
C. The summation of the volumes recorded
pursuant to paragraph (g)(3)(i)(B) for the preceding twelve
(12) months.
D. The records required by paragraph (e) of
Section 4 of Regulation 24.
ii. A description of the proper operation of all
coating application equipment used at the facility.
iii Documentation associated with any alternate
coating application techniques approved pursuant to
paragraph (c)(4)(iii)(B) of this Section.
4. For any person subject to paragraph (c)(4), (c)(6),
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
FINAL REGULATIONS 981
and (c)(8) of this Section (i.e., primer, topcoat, self-priming
topcoat, chemical milling maskant, and specialty coating
application):
i. Identification of the control strategy employed
(i.e., the combination of complying coatings, daily-weighted
averaging, and control devices used at the facility).
ii. Where complying coatings are used, the
records required by paragraph (c) of Section 4 of Regulation
24.
iii. Where daily-weighted averaging pursuant to
paragraph (d) of this Section is used, the records required by
paragraph (d) of Section 4 of Regulation 24.
iv. Where a control device(s) pursuant to
paragraph (e) of this Section is used, the records required by
paragraph (e) of Section 4 of Regulation 24.
5. For any person subject to paragraph (c)(5) of this
Section:
i. If complying with paragraph (c)(5)(i), the
name, VOC composite vapor pressure, and method and
supporting documentation used to determine the VOC
composite vapor pressure of each stripper used at the
facility.
ii. If complying with paragraph (c)(5)(ii), the
name, VOC content, and method and supporting
documentation used to determine the VOC content of each
stripper used at the facility.
iii. A description of any non-chemical-based
depainting equipment used at the facility, to include the
name and type of equipment or technique.
iv. Records and a description of all malfunctions
of non-chemical-based depainting equipment used at the
facility, to include the dates and alternative depainting
method(s) used.
v. A list of any parts, assemblies, or
subassemblies normally removed during depainting
operations.
6. For any person subject to paragraph (c)(8) of this
Section, a description of the procedures used to ensure that
containers are kept closed when not in use and that solvents
and other VOC-containing materials are stored in closed
containers.
h. Reporting. Notification of any non-compliance with any
requirement of this Section shall be reported to the
Department in accordance with Section 4 and 5 of
Regulation 24, as applicable and any other applicable
Federal or State reporting requirements.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
982 GOVERNOR'S APPOINTMENTS
BOARD/COMMISSION TERM OF
OFFICE APPOINTEE OFFICE
Delaware Bicycle Council Ms. Dana M. Levy 07/11/05
Delaware Economic and Financial Advisory Council Hon. Jeffifer W. Davis Pleasure of the
Governor
Mr. James A. Horty, Jr. Pleasure of the
Governor
Mr. Thomas J. Shopa Pleasure of the
Governor
Delaware Energy Task Force Mr. Brian E. Grems Pleasure of the
Governor
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
CALENDAR OF EVENTS/HEARING NOTICES 983
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PHARMACY
PLEASE TAKE NOTICE, pursuant to 29 Del. C.
§2509, the Delaware Board of Pharmacy (Board) has
developed and proposes to modify Regulations 1.0 and 11.0.
The changes to Rule 1.0 relating to the national
examinations make the rule consistent with the requirements
of the National Association of Boards of Pharmacy (NABP).
Regulation 11.0 is modified as it relates to stock medication,
labeling, consultant pharmacist duties, and drug disposal.
The changes to Rule 11 were made in response to public
comment from an earlier proposal that was not enacted.
A public hearing will be held on March 12, 2003 at
10:00 a.m. in the Jesse Cooper Building, Room 309 (third
floor conference room), Federal and Water Streets, Dover,
DE 19901. Written comments can be submitted at any time
prior to the public hearing in care of Gradella E. Bunting at
the above address. In addition to publication in the Register
of Regulations and two newspapers of general circulation,
copies of the proposed regulation can be obtained from
Gradella E. Bunting by calling (302)739-4798.
DIVISION OF PROFESSIONAL REGULATION
BOARD OF SPEECH/LANGUAGE PATHOLOGISTS,
AUDIOLOGISTS, AND HEARING AID DISPENSERS
The Delaware Board of Speech/Language Pathologists,
Audiologists, and Hearing Aid Dispensers, in accordance
with 24 Del.C. §3706(a)(1) has proposed changes to its
rules and regulations. The changes clarify the requirements
for continuing education and the supervised clinical
practicum that precedes the clinical fellowship year. An
audit system will be used to monitor compliance with
continuing education requirements.
A public hearing will be held at 2:00 p.m. on March 12,
2003 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
Speech/Language Pathologists, Audiologists, and Hearing
Aid Dispensers, 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.
DEPARTMENT OF AGRICULTURE
HARNESS RACING COMMISSION
PLEASE TAKE NOTICE, that pursuant to 3 Del. C.
§10005 and 29 Del. C. §10115, the Department proposes to
enact a new Rule 8.8. The proposed rule would provide as
follows:
1 permit Amicar as a race day medication and to
establish the procedure for the administration of Amicar and
to establish the procedure for a horse to be in the Amicar
program and to be removed from the Amicar program.
The Commission will accept written comments from
February 1, 2003 through March 3, 2003. The Commission
will hold a public hearing on the proposed rule amendment
on March 4, 2003 at 10:00 a.m. at Dover Downs, 1131 N.
DuPont Highway, Dover, DE 19901. Written comments
should be submitted to John Wayne, Administrator of
Racing, Delaware Harness Racing Commission, 2320 S.
DuPont Highway, Dover, DE 19901.
DEPARTMENT OF EDUCATION
The State Board of Education will hold its monthly meeting
on Thursday, February 21, 2003 at 1:00 p.m. in the
Townsend Building, Dover, Delaware.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS
PROTECTION
PUBLIC NOTICE
The Department of Health and Social Services (DHSS),
Division of Long Term Care Residents Protection, has
drafted seven revised or new proposed regulations pertaining
to training and qualifications of nursing assistants and
certified nursing assistants. These proposed regulations
define nursing related services, specify the requirement for
Delaware certification as a CNA, detail requirements for
certification and recertification and clarify the responsibility
of nursing facilities to pay the costs of training nursing
assistants in accordance with federal regulations.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
984 CALENDAR OF EVENTS/HEARING NOTICES
INVITATION FOR PUBLIC COMMENT
Public hearings will be held as follows:
Wednesday, March 12, 2003, 9:00 AM
Room 301, Main Building
Herman Holloway Campus
1901 North DuPont Highway
New Castle
Thursday, March 13, 2003, 10:00 AM
Department of Natural Resources &
Environmental Control Auditorium
89 Kings Highway
Dover
For clarification or directions, please call Gina
Loughery at 302-577-6661.
Written comments are invited on these proposed
regulations and should be sent to:
Elise MacEwen, RN
Division of Long Term Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
Written comments will be accepted until the conclusion
of the March 13 public hearing.
DIVISION OF SOCIAL SERVICES
PUBLIC NOTICE
In compliance with the State's Administrative
Procedures Act (APA - Title 29, Chapter 101 of the
Delaware Code) and with 42CFR §447.205, and under the
authority of Title 31 of the Delaware Code, Chapter 5,
Section 107, Delaware Health and Social Services (DHSS) /
Division of Social Services proposing to amend the Title
XXI Delaware Healthy Children State Plan to expand the
plan to cover more DSCYF (Department of Services to
Children, Youth and their Families) services.
Any person who wishes to make written suggestions,
compilations of data, testimony, briefs or other written
materials concerning the proposed new regulations must
submit same to Sharon L. Summers, Policy and Program
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware by February 28, 2003.
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.
Summary Of Proposed Revisions
Effective January 1, 2003, this regulation amends the
Division of Social Services Title XXI Delaware Healthy
Children Program (DHCP) State Plan to:
1 Remove the yearly limit of one bundled rate
payment per 31 days in a calendar year. In this way, the
DHCP Plan mirrors the Medicaid benefit which allows the
bundled rate to be billed for up to 12 months per calendar
year; and,
2 Remove the restriction that currently prevents
DSCYF from billing any fee-for-service claims for children
in Division of Youth and Rehabilitative Services (YRS) or
Division of Family Services (DFS) who are not under the
care of Child Mental Health (CMH) and do not have the
bundled rate billed on their behalf.
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
REGISTER NOTICE
SAN # 2001-22
Title Of The Regulations:
DNREC Chronic Violator Regulations
Brief Synopsis Of The Subject, Substance And Issues:
These new regulations define criteria and establish a
process for determining when a facility or regulated party
should be declared a chronic violator by virtue of its inability
to maintain compliance with the state's environmental
permits, laws or regulations.
Possible Terms Of The Agency Action:
There is no sunset provision associated with 7 Del. C.
Chapter 79 or these regulations.
Notice Of Public Comment:
DNREC will hold a public workshop on the newly
proposed Chronic Violator Regulation on Tuesday, March
11, 2003, at 6:30 p.m. The workshop will be held in
DNREC's Auditorium located at 89 Kings Highway, Dover,
Delaware.
DNREC will hold a public hearing on the newly
proposed Chronic Violator Regulation on Wednesday,
March 19, 2003, at 6:30 p.m. The public hearing will be
held in DNREC's Auditorium located at 89 Kings Highway,
Dover, Delaware.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
CALENDAR OF EVENTS/HEARING NOTICES 985
Prepared By:
Jennifer M. Bothell, DNREC Enforcement Coordinator,
739-4403 January 15, 2003
DIVISION OF FISH & WILDLIFE
REGISTER NOTICE
SAN# 2002-23
Title Of The Regulations:
Amendments To Shellfish Regulations
Brief Synopsis Of The Subject, Substance And Issues:
Oyster harvesting regulations need to be updated to
cover the harvest season; the harvestable amount of oysters
and areas where oysters may be landed in 2003. It is also
proposed that it be unlawful for any oyster container that is
empty or partially filled to have an oyster tag attached.
Notice Of Public Comment:
Individuals may present their comments or request
additional information by contacting the Fisheries Section,
Division of Fish and Wildlife, 89 Kings Highway, Dover,
DE 19901, (302) 739-3441. A public hearing on this
proposed amendment will be held on March 5 2003 at 7:30
PM in the DNREC Auditorium, 89 Kings Highway, Dover,
DE 19901. The record will remain open for written
comments until 12:00 PM, March 31, 2003
Prepared By:
Richard Cole (302) 739-4782, January 10, 2003
DIVISION OF FISH & WILDLIFE
REGISTER NOTICE
SSN# 2002-24
Title Of The Regulations:
Tidal Finfish Regulations
Brief Synopsis of the Subject, Substance and Issues:
The coast wide requirements for recreational black sea
bass fishermen, as mandated by the Atlantic States Marine
Fisheries Commission's Fishery Management Plan (FMP),
in 2003 are a 12.0 inch minimum size length with a 25 fish
creel limit and a closed season from September 2, 2003
through September 15, 2003 and December 1, 2003 through
December 31, 2003. Delaware currently has an eleven and
one half (11.5) inch minimum size limit, a 25 fish creel limit
and no closed season. It is proposed to amend Tidal Finfish
Regulation No. 23 to increase the minimum size limit for
black sea bass from 11.5 inches to 12.0 inches for
recreational fishermen and establish a closed season for
September 2, 2003 through September 15, 2003 and
December 1, 2003 through December 31, 2003.
The Summer Flounder Fishery Management Plan
(FMP) details the annual process that the Summer Flounder
Fishery Management Board, the Mid-Atlantic Management
Council and the National Marine Fisheries Service are to use
to establish conservation equivalency for the recreational
summer flounder fishery. These agencies agreed that the
states would implement conservationally equivalent
measures rather than a coastwide management program for
summer flounder in 2003. Delaware is obligated to cap the
summer flounder recreational harvest at 129,000 fish for
2003. This is only 22,271 more fish than were landed in
2002. Given that over one million marine recreational
fishing trips occur annually in Delaware and that the 2000
year class of summer flounder was reported to be above
average thus suggesting that more fish may be available for
harvest in 2003; it is unadvisable to significantly alter the
management measures that were in place for 2002. It is
proposed that the seven management options that were
presented for the 2002 fishing season, which included size
ranges from 16 inches to 17.5 inches and creel limits ranging
from 4 fish to 7 fish, and a variety of seasonal closures be
presented again for public review and comment. The
adopted management approach for 2002 included a 17.5 inch
minimum size, 4 fish creel limit and closed season from
January 1 through May 15. This particular option will be
slightly adjusted by eliminating the closed season for the
2003 fishery. It is anticipated that the minimum size and bag
limit will restrain the catch without the need for any
additional reduction associated with the closures.
Possible Terms Of The Agency Action
Delaware is required to comply with specific Fishery
Management Plans approved by the Atlantic States Marine
Fisheries Commission. Failure to do so could result in
complete closure of a specific fishery in Delaware
Notice Of Public Comment:
Individuals may present their comments or request
additional information by contacting the Fisheries Section,
Division of Fish and Wildlife, 89 Kings Highway, Dover,
DE 19901, (302) 739-3441. A public hearing on these
proposed amendments will be held on February 24, 2003 at
7:30 PM in the DNREC Auditorium, 89 Kings Highway,
Dover, DE 19901. The record will remain open for written
comments until 4:30 PM, March 3, 2003.
Prepared By:
Richard Cole, (302) 739-4782, January 13, 2003
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
986 CALENDAR OF EVENTS/HEARING NOTICES
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Department Of Health And Social Services
Delaware Economic Development Office
Tax Appeal Board
Notice Of Amendments To And Re-proposal Of
Proposed Regulation Governing Neighborhood
Assistance Act Tax Credit Program
Title Of Regulation
Neighborhood Assistance Act Tax Credit Program
Regulation
Nature Of Proceedings; Synopsis Of The Subject And
Substance Of The Re-proposed Regulation And Of
Public Comments On The Initial Proposal
In accordance with procedures set forth in 29 Del. C.
Ch. 11, Subch. III and 29 Del. C. Ch. 101, the Secretary of
DHSS, the Director of DEDO and the members of the TAB
proposed to adopt a regulation pertaining to the tax credit set
forth in the Neighborhood Assistance Act, 30 Del. C.
§§2001 - 2007. The regulation sets forth certain
definitions pertaining to the Act and the regulation and
explains how to apply for approval of a Contribution or a
Program and the procedures pertaining to the application
process.
Notice of the public hearing to consider the proposed
regulation appeared in the Delaware Register of Regulations
on November 1, 2002, see 6 Del. Reg. 630 - 633
(November 1, 2002) and in Delaware newspapers of general
circulation on November 17, 2002 and in the Delaware
Register of Regulations on December 1, 2002, see 6 Del.
Reg. 820 - 821 in accordance with 29 Del. C. §10115(b).
An employee of DEDO designated by the Director of
DEDO, the Secretary of DHSS and the members of theTAB
in accordance with 29 Del.C. §10117(1) held the public
hearing on the Regulation on December 9, 2002 at the
offices of DEDO on the 10th floor of the Carvel State Office
Building, 820 N. French Street, Wilmington, DE, 19801, as
duly noticed.
How To Comment On The Re-proposed Regulation
Members of the public may receive a copy of the
proposed amendments to the regulation at no charge by
United States Mail by writing or calling Mr. Alex Bradley,
Delaware Economic Development Office, Carvel State
Office Building, 10th Floor, 820 N. Market Street,
Wilmington, DE, 19801, phone (302) 577-8477. Members
of the public may present written comments on the proposed
regulation by submitting such written comments to Mr. Alex
Bradley at the address of the Delaware Economic
Development Office set forth above. Written comments
must be received on or before Monday, March 3, 2003.
STATE EMPLOYEE BENEFITS
COMMITTEE
PLEASE TAKE NOTICE, pursuant to 29 Del. C.
Chapter 101 and 29 Del. C. Sections 5210(4), 9602(b)(4),
the Delaware State Employee Benefits Committee proposes
to revise its Group Health Care Insurance Eligibility and
Coverage Rules. The proposed amendment inserts a new
sentence in Rule 7.01 that clarifies that coverage is retained
under certain circumstances for public school or higher
education employees through the end of the summer.
The public hearing originally scheduled and noticed for
December 5, 2002 was canceled due to inclement weather.
The public hearing on the proposed revisions to the Group
Health Care Insurance Eligibility and Coverage Rules will
be held on Friday, February 28, 2003 at 1:00 p.m., in Room
205, Second Floor Conference Room, of the Public Safety
Building, 303 Transportation Circle, Dover, Delaware,
19901. The State Employee Benefits Committee will
receive and consider input in writing from any person on the
proposed revisions to the Group Health Care Insurance
Eligibility and Coverage Rules. Any written comments
should be submitted to the Committee in care of Brenda L.
Lakeman at the State Personnel Office, Blue Hen Corporate
Center, 655 South Bay Road, Suite 202, Dover, Delaware
19901. The final date to submit written comments shall be
March 3, 2003. Anyone wishing to obtain a copy of the
proposed Group Health Care Insurance Eligibility and
Coverage Rules or to make comments at the public hearing
should notify Brenda L. Lakeman at the above address by
calling (302) 739-8331.
This notice will be published in two newspapers of
general circulation not less than twenty (20) days prior to the
date of the hearing.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 8, SATURDAY, FEBRUARY 1, 2003