Notices for Week of: FEBRUARY 19, 2004
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Cancer Registry Rules
Vermont Proposed Rule: 04P007
AGENCY: Human Services, Department of Health
CONCISE SUMMARY: This rule change requires benign brain-related tumors to be reported to the Department of Health's Cancer Registry in accordance with the Cancer Registry Law.
TYPE OF PERSONS AFFECTED: Health care facilities and health care providers diagnosing or providing treatment to patients with benign brain-related tumors; Vermont Cancer Registry.
COST BENEFIT ANALYSIS: No additional costs are anticipated. The increase in number of cases reported to the Vermont Cancer Registry is estimated to be 42 cases per year in the state, or about a one percent total increased case load for cancer registries. For the hospital program with few malignant brain cancers, the estimate of case load increase is minimal. For those hospital programs with a large neurology service, the case load increase may be more.
SCHEDULED HEARINGS: No hearing scheduled.
DEADLINE FOR PUBLIC COMMENT: March 12, 2004
FOR FURTHER INFORMATION, CONTACT: Ali Johnson, Department of Health, PO Box 70, Burlington, VT 05402-0070 (802)863-7644
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Representations of Vermont Origin (Consumer Fraud Rule [CF] 120)
Vermont Proposed Rule: 04P008
AGENCY: Attorney General's Office
CONCISE SUMMARY: The rule establishes standards for determining when use of the word "Vermont" in advertising or labeling to describe a product or a company is unfair or deceptive under the Vermont Consumer Fraud Act, 9 V.S.A. § 2453(a). The rule addresses "unqualified" representations (such as "Vermont cheddar cheese"), "qualified" representations ("baked in Vermont"), company and trade names containing the word Vermont, and representations of company location in Vermont.
TYPE OF PERSONS AFFECTED: Businesses that sell products using the word "Vermont" in advertising or on labels; competitors of such businesses; consumers; and the Attorney General's Office.
COST BENEFIT ANALYSIS: The rule will impact only those businesses that make claims of Vermont origin in a manner that is unfair or deceptive under the Consumer Fraud Act. Such businesses will need to conform their advertising and labels to the requirements of the rule, which may involve striking the work "Vermont" or modifying a Vermont origin claim; but they will have a 90-day grace period following the adoption of the rule to do that. The rule may indirectly benefit competitors of such businesses that make Vermont origin claims in a lawful manner, as well as preserve the economic value associated with marketing certain products as "Vermont" products. The rule will also impact consumers by allowing them to make more informed decisions about buying "Vermont" products, in some cases saving them from paying a premium for non-Vermont products.
SCHEDULED HEARINGS: March 8, 2004, 10:00 a.m., Pavilion Building Auditorium (date tentative)
DEADLINE FOR PUBLIC COMMENT: March 16, 2004
FOR FURTHER INFORMATION, CONTACT: Elliot Burg, Assistant Attorney General, Vermont Attorney General's Office, 109 State Street, Montpelier, VT 05609, tel. (802)828-2153
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Audiologists and Speech Language Pathologists License
Vermont Proposed Rule: 04P009
AGENCY: Dept. of Education/Board of Education
CONCISE SUMMARY: In June 2001, the Vermont Legislature enacted 26 V.S.A. Chapter 87, which requires that all speech and language pathologists (SLP) and audiologists be licensed by July 1, 2004. The law authorizes the State Board of Education and the department of Education to issue professional licenses to all of the state's speech and language pathologists (SLP) and audiologists. this includes SLPs and audiologists in private practice. The proposed rules guide the application and renewal processes of these new licenses, the qualifications for licensure, disclosure of prices, and other sections of the law.
TYPE OF PERSONS AFFECTED: Speech and language pathologists; audiologists; hospitals, extended care facilities; department of education staff.
COST BENEFIT ANALYSIS: The SLPs and audiologists working in private practice and in non-educational settings are the groups that will be directly impacted by the law and rules. Prior to this, these professionals have not been required to hold state licensure although many are credentialed through their national professional associations. The law and the proposed rules soften the impact of the required licensure by stipulating that those engaged in private practice in Vermont as of July 1, 2003 can obtain a waiver from the licensure requirements until July 2008. In addition, the requirement for eligibility and renewal of the national associations for SLPs and audiologists. Although the fee for the state license (e.g. $35 per year) is an additional cost, the professional development requirements are consistent with those needed for maintenance of national certification.
SCHEDULED HEARINGS: Rutland High School, Classroom Red 16, March 10, 2004, 4-6:00 p.m.; and Montpelier, High School, Classroom 105, March 17, 2004, 4-6:00 p.m.
DEADLINE FOR PUBLIC COMMENT: March 26, 2004
FOR FURTHER INFORMATION, CONTACT: Anne Bordonaro, Coordinator of Professional
Standards, Dept. of Education, 120 State Street, Montpelier, VT 05620-2501 tel: 802-828-3850
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Rule on What Constitutes a Vote
Vermont Proposed Rule: 04P003
AGENCY: Secretary of State Administration Elections
FOR FURTHER INFORMATION, CONTACT: William Dalton, 26 Terrace Street, Drawer 09, Montpelier, VT 05609-1101 802-828-2175
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Vermont Elections - Administrative Complaint Procedure
Vermont Proposed Rule: 04P004
AGENCY: Secretary of State Administration Elections
FOR FURTHER INFORMATION, CONTACT: William Dalton, 26 Terrace Street, Drawer 9,
Montpelier, VT 05609-1101 802-828-2175
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Medicaid Payment Rates for Long-Term Care Facilities
Vermont Proposed Rule: 04P005
AGENCY: Human Services, Division of Rate Setting
FOR FURTHER INFORMATION, CONTACT: Marjorie Power, Esq., Division of Rate Setting, 103 S. Main St., Waterbury, VT 05671, 802-241-3530, Fax 802-241-3586, Email: power@ahs.state.vt.us
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Administrative Rules for Vermont Tattooists and Body Piercers
Vermont Proposed Rule: 04P006
AGENCY: Secretary of State, Office of Professional Regulations
FOR FURTHER INFORMATION, CONTACT: Loris Rollins, Unit Administrator Secretary of
State's Office of Professional Regulation 26 Terrace Street, Drawer 09, Montpelier, VT 05609-1106 Telephone: (802)828-2191 Email:
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
