Calendar of Events/Hearing Notices
delaware health care commission
The Delaware Health Care Commission (Commission), in accordance with 16 Del.C. §9925(a) and 29 Del.C. §10115, hereby gives notice that it shall hold a public hearing on proposed regulation of the Delaware Health Information Network (DHIN). The hearing will be held at 10:00 a.m. on Tuesday, November 25, 2008, at Delaware Technical and Community College, Corporate Training Center, Room 400B.
The intent of the proposed regulation is to streamline and reduce the legal documentation necessary to participate in the DHIN, to introduce new regulation to address provisions of dispute resolution, patient access, and to authorize the use of DHIN by participating laboratories.
The Commission will receive oral or written input at the hearing and/or written public comment through December 1, 2008. Send written comments to Leah Jones, Delaware Health Care Commission, Margaret O’Neill Building, 410 Federal Street, Suite 7, Dover, Delaware 19901.
For a copy of the proposed regulation, visitor, call the Commission office at (302) 739-2730.
DELAWARE Violent Crimes Compensation BOARD
Administrative Office of the Courts
The Delaware Violent Crimes Compensation Board, in accordance with 11 Del.C. Ch. 11 proposes amendments to its regulations. The proposed changes further define pecuniary loss, permanent and total disability, and include a definition for secondary victims.The proposed regulations include time frames for submitting requested documentation to the Board to support a claim. The regulations also address collateral sources of compensation.
Two public hearings are scheduled. The first public hearing will be December 2 in room 113, Tatnall Bldg., 150 William Penn Street in Dover from 1:30 - 4:00pm. The second public hearing will be held on December 9 at the Carvel State Office Bldg auditorium, 820 N French Street, Wilmington from 3:30 pm - 6:30 pm.
The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Violent Crimes Compensation Board, attn Barbara Brown, Executive Director at 240 N. James Street, Suite 203, Wilmington, De. 19804. The final date to submit written comments will be December 9 at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearings should contact Barbara Brown at the above address or by calling 302 995-8383. The Board will consider promulgating the proposed regulations following the public hearings.
The Delaware Harness Racing Commission, pursuant to 3 Del.C. §10005, proposes to change its Rules 7 and 10. The Commission will hold a public hearing on the proposed rule changes on December 9, 2008. Written comments should be sent to Hugh J. Gallagher, Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901. Written comments will be accepted for thirty (30) days from the date of publication in the Register of Regulations on November 1, 2008.
The proposed changes are for the purpose of updating Rules 7 and 10 to reflect current policies, practices and procedures. Copies are published online at the Register of Regulations website: http://regulations.delaware.gov/services/current_issue.shtml A copy is also available for inspection at the Racing Commission office.
The State Board of Education will hold its monthly meeting on Thursday, November 20, 2008 at 1:00 p.m. in the Townsend Building, Dover, Delaware.
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Long Term Care Residents Protection
3201 Skilled And Intermediate Care Nursing Facilities
The Department of Health and Social Services (DHSS), Division of Long Term Care Residents Protection, has prepared draft regulations pertaining to skilled and intermediate care nursing facilities. These proposed regulations are intended to collapse into one set of regulations and replace in their entirety both the current regulations for skilled care nursing facilities and the current regulations for intermediate care nursing facilities. The proposed regulations specify required services in skilled and intermediate nursing facilities including requirements for licensing, personnel, resident services, physical plant requirements, emergency preparedness, as well as recordkeeping and reporting.
Invitation for Public Comment
Public hearings will be held as follows:
Tuesday, December 2, 2008, 10:00 AM
Division of Developmental Disability Services, Fox Run Office
2540 Wrangle Hill Road, Bear
Thursday, December 4, 2008, 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 also invited on these proposed regulations and should be sent to the following address:
Division of Long Term Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
The last time to submit written comments will be at the conclusion of the public hearing on December 4, 2008.
NOTICE OF PUBLIC COMMENT PERIOD
COMMISSIONER MATTHEW DENN hereby gives notice of intent to adopt proposed Department of Insurance Regulation 803 relating to WORKERS' COMPENSATION DATA COLLECTION. The docket number for the proposed regulation is 1006.
The purpose for proposing Regulation 803 is to identify and adopt a protocol and data elements for collection of workers' compensation medical cost data as required by Title 19, Section 2301E of the Delaware Code. The text of the proposed regulation is reproduced in the November 2008 edition of the Delaware Register of Regulations. The text can also be viewed at the Delaware Insurance Commissioner's website at: http://www.delawareinsurance.gov/departments/documents/ProposedRegs/ProposedRegs.shtml.
The Department of Insurance does not plan to hold a hearing on this proposed regulation. Written comments, suggestions, briefs, compilations of data or other materials concerning the proposed amendments are being solicited from any interested party. Written comments or other written materials concerning the proposed regulation must be received by the Department of Insurance no later than 4:30 p.m., December 1, 2008, and should be addressed to Regulatory Specialist Mitchell G. Crane, Esquire, c/o Delaware Department of Insurance, 841 Silver Lake Boulevard, Dover, DE 19904, or sent by fax to 302.739.2021 or email to email@example.com.
NOTICE OF PUBLIC COMMENT PERIOD
INSURANCE COMMISSIONER MATTHEW DENN hereby gives notice of proposed Department of Insurance Regulation 1301 relating to Internal Review, Arbitration and Independent Utilization Review of Health Insurance Claims. The docket number for this proposed regulation is 995.
The Department of Insurance proposes to amend Regulation 1301 by rescinding the current regulation and substituting in lieu thereof revised provisions relating to Internal Review, Arbitration and Independent Utilization Review of Health Insurance Claims. The Delaware Code authority for the change is 18 Del.C. §311. The text can also be viewed at the Delaware Insurance Commissioner’s website as /departments/documents/ProposedRegs.shtml.
The Department of Insurance does not plan to hold a public hearing on the proposed changes. Any person can file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amendment. Any written submission in response to this notice and relevant to the proposed change must be received by the Department of Insurance no later than 4:30 p.m. on December 1, 2008 by delivering said comments to Deputy Attorney General Julie M. Donoghue, Esquire, c/o Delaware Department of Insurance, 841 Silver Lake Blvd., Dover, DE 19904 or by fax to 302-739-6278 or e-mail to Julie.Donoghue@state.de.us.
SAN # 2008-09
Title of the Regulations:
Amendment to Regulation 1138 Emission Standards for Hazardous Air Pollutants for Source Categories
Brief Synopsis of the Subject, Substance and Issues:
Under Section 112(k) of the 1990 Clean Air Act Amendment, Congress mandated that the EPA identify 30 or more hazardous air pollutants (HAPs) that posed the greatest threat to public health in urban areas, to identify the small area sources that emit those pollutants and to develop regulations to reduce the emission of HAPs. In 1999, the EPA identified 33 HAPs that posed the greatest threat to public health and has, since that time, identified over 60 new area source categories for which regulations would be developed.
In December 2007, the EPA promulgated another area source standard affecting Delaware sources; the hospital ethylene oxide sterilizer standard under 40 CFR Part 63 Subpart WWWWW.
The purpose of this proposed amendment to Regulation 1138 is to provide increased protection for Delaware citizens against a variety of adverse health effects, which includes problems in the proper functioning of the brain and nerves and the irritation to the eyes, skin, and mucous membranes as a result of exposure to ethylene oxide. In addition, ethylene oxide is classified as a probable human carcinogen based on cancer data, which shows increased incidences of leukemia, stomach cancer and cancers of the pancreas. The proposed amendment will provide greater consistency between Delaware’s air toxics standards and the recently promulgated federal standard (Subpart WWWWW) on which this proposed amendment is heavily based. In addition, this amendment proposes to include several more protective requirements that currently exist in either Delaware air permits or similar air toxic standards found in Regulation 1138.
Notice of Public Comment:
Statements and testimony may be presented either orally or in writing at a public hearing to be held on Wednesday, December 3, 2008 beginning at 6:00 PM in the DNREC’s Air Quality Management Office, 715 Grantham Lane, New Castle DE. Interested parties may submit comments in writing to: Jim Snead, DNREC Air Quality Management Section, 715 Grantham Lane, New Castle, DE 19720.
James R. Snead (302) 323-4542September 29, 2008
NOTICE OF PUBLIC HEARING AND COMMENT PERIOD
3203 Seasons and Area Closed to Taking Horseshoe Crabs, and
3214 Horseshoe Crab Annual Harvest Limit
The Department adopted regulations (Order Number 2007-F-0044) effective November 11, 2007 to implement the horseshoe crab mandatory harvest provisions in Addendum IV of the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for the Horseshoe Crab. As a follow-up to this Order, the Department is proposing regulations designed to be in compliance with the provisions of the Atlantic States Marine Fisheries Commission Addendum V to the Interstate Fishery Management Plan for Horseshoe Crab. These regulations would extend for another year the prohibition on the harvest and landing of all horseshoe crabs in Delaware waters from January 1 through June 7, and prohibit the harvest and landing of female horseshoe crabs for the remainder of the year as well. During the period June 8 through December 31, up to 100,000 male horseshoe crabs may be harvested from approved harvest areas in Delaware. These harvest limits may be extended for a second year according to the provisions of Addendum V provided the Atlantic States Marine Fisheries Commission elects to do so. In addition it is proposed that where beach collecting is presently legal, that beach collecting of horseshoe crabs to be allowed to continue until July 31 of each year. Since no harvesting is allowed prior to June 8, and most of the migratory shorebirds that feed on horseshoe crab eggs will have departed from Delaware Bay by then, there should be no additional impacts to shorebirds from allowing harvesting to extend beyond the last day of June until the end of July. By harvesting only male horseshoe crabs, females would be further protected and will be available to participate in the annual spawn without being subject to harvest at any point during the year. No other changes to reporting requirements or other horseshoe crab regulations are proposed.
This regulation may be extended for an additional year beyond 2009 pending approval by the Atlantic States Marine Fisheries Commission.
Individuals may address questions to the Fisheries Section, Division of Fish and Wildlife, (302) 739-9914. A public hearing on these proposed regulations will be held in the Department of Natural Resources and Environmental Control Auditorium, at 89 Kings Highway, Dover, DE at 7:00 PM on November 3, 2008. Individuals may present their opinion and evidence either at the hearing or in writing to Lisa Vest, Hearing Officer, Department of Natural Resources and Environmental Control, 89 Kings Highway, Dover, DE 19901 or via e-mail to Lisa.Vest@state.de.us. The hearing record will remain open for written or e-mail comments until 4:30 PM November 3, 2008.
Roy W. Miller 302-739-9914 September 15, 2008
Board of Examiners of Constables
Notice is hereby given that the Board of Examiners of Constables, in accordance with Del. Code Title 10 Chapter 27 proposes to amend Rule 3.0 - Law Enforcement Exemption and Rule 4.0 - Employment. These amendments will add another acceptable psychological evaluation. If you wish to view this adoption, contact Ms. Peggy Anderson at (302) 672-5304. Any persons wishing to present views may submit them in writing, by November 30, 2008, to Delaware State Police, Detective Licensing, P.O. Box 430, Dover, DE 19903. The Board will hold their regular meeting in May 2009, at the Delaware State Police Headquarters Conference Room, 1441 North DuPont Highway in Dover, Delaware.
2000 Board of Occupational Therapy Practice
Pursuant to 24 Del.C. §2006(a)(1), the Board of Occupational Therapy Practice has proposed revisions to its rules and regulations.
A public hearing will be held on January 7, 2009 at 4:45 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Board of Occupational Therapy Practice, 861 Silver Lake Boulevard, Dover, Delaware 11904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Board proposes amendments to Rule 1.3, which addresses supervision of occupational therapy assistants. Rule 1.3.3 provides that: "An occupational therapist may supervise up to three (3) occupational therapy assistants but never more than two (2) occupational therapy assistants who are under direct supervision at the same time." The proposed amendments add new Rules 1.3.4 and 1.3.5, which will require occupational therapists to notify the Board when a supervisory relationship begins and when it ends. This notification requirement will enforce compliance with Rule 1.3.3, which is designed to ensure that occupational therapy assistants receive adequate supervision. Therefore, the proposed revisions will serve to protect the public from unsafe practices.
In addition, the Board proposes a minor typographical revision to Rule 1.1.
The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
3100 Board of Funeral Services
Pursuant to 24 Del.C. §3105(a)(1), the Board of Funeral Services has proposed revisions to its rules and regulations.
A public hearing will be held on December 3, 2008 at 10:15 a.m. in the second floor conference room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Board of Funeral Servces, 861 Silver Lake Boulevard, Dover, Delaware 11904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Board proposes amendments to Rule 9.0, which addresses continuing education requirements. Rule 9.2.1 is amended to specify that licensed funeral directors who are 65 or older are exempt from the continuing education requirements. This amendment serves to implement and clarify the language set forth at 24 Del.C. §3105(a)(10). Section 3105(a)(10) states that the Board has the authority to establish continuing education standards for practitioners under 65. (emphasis supplied).
Rule 9.3.1 is amended to include language to the effect that the Board has the power to waive continuing education requirements based on economic hardship. This provision is explicitly stated in 24 Del.C. §3105(a)(10). Rule 9.3.1 is further to amended to clarify that any request for a waiver of the continuing education requirements must be made no later than 60 days prior to the license renewal date.
The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
3500 Board of Examiners of Psychologists
The Delaware Board of Examiners of Psychologists, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §3506(a)(1), proposes amendments to its regulation section 7.2. Specifically, the proposed changes eliminate the limitation of qualifying experience to 60% direct service. This change would allow licensure of candidates who have spent more than 60% of their postdoctoral training in direct service to clients. Other minor grammatical, typographic, or stylistic changes are also included.
A public hearing is scheduled for Monday, January 5, 2009 at 9:00 a.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Nancy Fields at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Nancy Fields at the above address or by calling (302) 744-4500.
The Board will consider promulgating the proposed regulations immediately following the public hearing.
8800 Boxing, Sparring Matches and Exhibitions
Boxing and Combative Sports Entertainment
Consistent with a recent statutory amendment, by passage of HB 501, which updated the authority of the Division of Professional Regulation, the Department of State, in accordance with 28 Del.C. Ch. 1, proposes to strike the existing regulations related to boxing, sparring matches and exhibitions in their entirety and establish new combative sports rules and regulations governing boxing and mixed martial arts.
A public meeting was held on August 13, 2008 to gather information for proposed rules. James L. Collins, Director of the Division of Professional Regulation, conducted the meeting. In addition to information gleaned in the preliminary meeting, the Director has also conducted a study of mixed martial arts (MMA) regulation across the nation. As a result of careful consideration of public comment and national research, the recommendation of the Director is to adopt conservative rules relating to amateur MMA. This approach will align Delaware's rules with most other jurisdictions that permit MMA and recognize that Delaware does not have an athletic or boxing commission; therefore regulation of events will be conducted by approved sanctioning organizations. Jurisdictions with more liberal rules strictly oversee events through a commission. It is the intent of the Director to have safe MMA events in Delaware that protect the participants and attendees.
A public hearing is scheduled for December 8, 2008 at 9:00 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover. The Director will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Office of Director, Division of Professional Regulation, Cannon Building, 861 Silver Lake Blvd. Suite 203, Dover, DE 19904. The final date to submit written or oral comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact the Office of the Director at the above address or by calling (302) 744-4502.
The Director will consider promulgating the proposed regulations immediately following the public hearing.
Controlled Substance Committee
NOTICE OF PUBLIC HEARING
Uniform Controlled Substances Act Regulations
Consistent with a recent statutory amendment which relocated the Office of Controlled Substances to the Division of Professional Regulation, Department of State, the Secretary of State, in accordance with 29 Del.C. Chapter 101 and 16 Del.C. §4731, proposes establishment of a Controlled Substance Committee and to amend previously issued controlled substance regulations.
A public hearing was held on March 11, 2008. James L. Collins, Director of the Division of Professional Regulation, conducted the hearing as the designee of the Secretary of State. As a result of the public comment and upon the recommendation of the Director, the Secretary has determined to make both substantive and non-substantive revisions to the proposed amendments originally published in the Delaware Register of Regulations on February 1, 2008 at 11 DE Reg. 1082
A second public hearing originally scheduled for October 20, 2008 at 10:00 a.m. has been rescheduled to November 24, 2008 at 9:00 a.m. in the second floor conference room B of the Cannon Building, 861 Silver Lake Boulevard, Dover. The Secretary will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Secretary care of the Office of Controlled Substances, Division of Professional Regulation, Cannon Building, 861 Silver Lake Blvd. Suite 203, Dover, DE 19904. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Office of Controlled Substances at the above address or by calling (302) 744-4500.
The Secretary will consider promulgating the proposed regulations immediately following the public hearing.
Public Service Commission
Notice of Comment Period on Proposed Regulations Concerning Gas Pipeline Safety and Gas Transmission and Distribution Systems, Including the Commission's Jurisdiction to make and Enforce Rules Required by the Federal Gas Pipeline Safety Act Of 1968, As Amended
The Delaware General Assembly has enacted legislation granting the Delaware Public Service Commission ("Commission") the authority to make and enforce rules required by the federal Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. Chapter 601), to qualify for federal certification of a state pipeline safety compliance program relating to the regulation of intrastate gas pipeline transportation. The new legislation is found at 76 Delaware Laws Ch. 393.
In order to comply with the new legislation, the Commission is promulgating regulations, containing twelve sections, intended to govern the safety of the gas transmission and distribution systems, which are subject to the Commission's jurisdiction. The first section contains definitions of terms used in the regulations, for example, the classification of gas leaks. The second section incorporates by reference the pertinent provisions of Title 49 of the Code of Federal Regulations which contain the minimum federal standards related to matters such as: (1) the design, fabrication, inspection, reporting, and testing of gas transmission and distribution systems; and (2) the drug testing inspection of natural gas pipeline utilities.
Two sections of the new regulations contain requirements for performing gas leak surveys, maintaining gas leak progression maps, and notifying the Commission and the local fire department in the event of gas leaks. One new section addresses Liquefied Natural Gas (LNG) installations, including the adoption of the pertinent standards of Title 49 of the Code of Federal Regulations related to their design, construction, operation, maintenance, protection, and security.
Five sections pertain to Commission procedures which apply to the operators of gas transmission and distribution systems. The five sections include provisions addressing: (1) the delegation of authority to the Commission Staff to carry out the day-to-day oversight of the systems; (2) the informal disposition of probable violations of the regulations; (3) the manner of giving formal notice of probable violations; (4) the response options of operators of the systems when notified of a probable violation; and (5) actions that might be taken by the Commission in the event a violation comes before the Commission for formal resolution.
One of the new sections sets forth the Commission's authority in the event a pipeline facility presents a hazard to life or property. The final provision addresses the Commission's authority to grant waivers from compliance with the federal Gas Pipeline Safety Regulations and the procedures to be followed by the Commission in ruling upon an application by an operator for a waiver.
The Commission has authority to promulgate the regulations pursuant to 26 Del.C. § 209(a), 29 Del.C. §10111 et seq., and 76 Delaware Laws Ch. 393 (2008)(26 Del.C. Ch. 8).
The Commission hereby solicits written comments, suggestions, compilations of data, briefs, or other written materials concerning the proposed regulations. Ten (10) copies of such materials shall be filed with the Commission at its office located at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, Delaware, 19904. All such materials shall be filed with the Commission on or before November 7, 2008. Persons who wish to participate in the proceedings but who do not wish to file written materials are asked to send a letter informing the Commission of their intention to participate on or before October 30, 2008.
The regulations and the materials submitted in connection therewith will be available for public inspection and copying at the Commission's Dover office during normal business hours. The fee for copying is $0.25 per page. The regulations may also be reviewed, by appointment, at the office of the Division of the Public Advocate located at the Carvel State Office Building, 4th Floor, 820 North French Street, Wilmington, Delaware 19801 and will also be available for review on the Commission's website: www.state.de.us/delpsc.
Any individual with disabilities who wishes to participate in these proceedings should contact the Commission to discuss any auxiliary aids or services needed to facilitate such review or participation. Such contact may be in person, by writing, by telephone, or otherwise. The Commission's toll-free telephone number (in Delaware) is (800) 282-8574. Any person with questions may also contact the Commission Staff at (302) 736-7500 or by Text Telephone at (302) 739-4333. Inquiries can also be sent by Internet e-mail to.
Delaware Economic Development Office
Procedures Governing Delaware Tourism Grant Program
In accordance with procedures set forth in 29 Del.C. Ch. 11, Subch. III and 29 Del.C., Ch. 101, the Director of the Delaware Economic Development Office is proposing to adopt a regulation for the administration and operation of the Delaware Tourism Grant Program. The proposed regulation sets forth the procedures governing the requirements, approval process and issuance of funds appropriated to the Delaware Economic Development Office to administer the Delaware Tourism Grant Program.
The Director of the Delaware Economic Development Office or an employee of the Delaware Economic Development Office designated by the Director, will hold a public hearing at which members of the public may present comments on the proposed regulation on December 3, 2008 at 9:00 A.M. to 10:30 A.M. at Delaware Economic Development Office, 99 Kings Highway, Dover, DE 19901. Additionally, members of the public may present written comments on the proposed regulation by submitting such written comments to Kate Kreppein, Administrative Specialist, Delaware Economic Development Office, 99 Kings Highway, Dover, DE, 19901-7305. Written comments must be received on or before December 1, 2008. Members of the public may receive a copy of the proposed regulation at no charge by United States Mail by writing Kate Kreppein at the Dover, Delaware, address of the Delaware Economic Development Office set forth above, or by calling her at (302) 672-6842.