Agenda - Consent 1 Department of Aging Total Rules: 1 Original Filing Date: 7/13/2011 Date of Refiled Filing: 9/9/2011 Jurisdiction Ends: 10/9/2011 Public Hearing: 9/15/2011 Amendment Refiled Filing Yes 173-40-01 Introduction and definitions. 2 Department of Aging Total Rules: 1 Original Filing Date: 7/13/2011 Date of Refiled Filing: 9/9/2011 Jurisdiction Ends: 10/9/2011 Public Hearing: 9/15/2011 New Rule Refiled Filing No 173-51-01 Introduction and definitions. 3 Department of Developmental Disabilities Community Services Total Rules: 3 Original Filing Date: 8/16/2011 Jurisdiction Ends: 10/20/2011 Public Hearing: 9/20/2011 New Rule Original Filing No 5123:2-9-28 New Rule Original Filing No 5123:2-9-29 Rescission Original Filing Yes 5123:2-13-03 Home and community-based services waivers - nutrition services under the individual options waiver. Home and community-based services waivers - home-delivered meals under the individual options waiver. Individual options waiver - allocation of home and community-based services waiver state matching funds. Total Rules: 2 Original Filing Date: 8/16/2011 Date of Refiled Filing: 9/22/2011 Jurisdiction Ends: 10/22/2011 Public Hearing: 9/20/2011 New Rule Refiled Filing No 5123:2-9-36 New Rule Refiled Filing No 5123:2-9-38 4 Department of Education Home and community-based services waivers - interpreter services under the individual options waiver. Home and community-based services waivers - social work under the individual options waiver. JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 1 10/3/2011
Total Rules: 1 Original Filing Date: 8/12/2011 Jurisdiction Ends: 10/16/2011 Public Hearing: 9/12/2011 Rescission Original Filing Yes 3301-24-04 Entry year. Total Rules: 1 Original Filing Date: 8/12/2011 Date of Revised Filing: 8/12/2011 Jurisdiction Ends: 10/16/2011 Public Hearing: 9/12/2011 New Rule Revised Filing No 3301-24-04 Teacher residency. 5 Department of Health Total Rules: 12 Original Filing Date: 4/20/2011 Date of Refiled Filing: 9/22/2011 Jurisdiction Ends: 10/22/2011 Public Hearing: 5/25/2011 Rescission Refiled Filing Yes 3701-44-01 Definitions. New Rule Refiled Filing No 3701-44-01 Definitions. Rescission Refiled Filing Yes 3701-44-02 HIV care consortia. New Rule Refiled Filing No 3701-44-02 HIV medical case management. Rescission Refiled Filing Yes 3701-44-03 HIV medical case management. New Rule Refiled Filing No 3701-44-03 Eligibility for benefits under the Ryan White part B program. Rescission Refiled Filing Yes 3701-44-04 Payment for services. New Rule Refiled Filing No 3701-44-04 Waiver. Rescission Refiled Filing Yes 3701-44-05 Eligibility for benefits under the Ryan White part B program. Rescission Refiled Filing Yes 3701-44-06 Provider eligibility for core medical services. Rescission Refiled Filing Yes 3701-44-07 Reconsideration process for denial or termination of eligibility. Rescission Refiled Filing Yes 3701-44-08 Ohio HIV drug assistance program eligibility requirements. 6 Department of Insurance Total Rules: 1 Original Filing Date: 8/1/2011 Jurisdiction Ends: 10/5/2011 Public Hearing: 9/2/2011 Amendment Original Filing Yes 3901-1-13 Mortgage guaranty insurance. 7 Department of Job and Family Services Division of Medical Assistance Total Rules: 1 Original Filing Date: 8/17/2011 Jurisdiction Ends: 10/21/2011 Public Hearing: 9/19/2011 Amendment Original Filing Yes 5101:3-21-02.2 Medicaid covered reproductive health services: permanent contraception/sterilization services and hysterectomy. JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 2 10/3/2011
8 Department of Job and Family Services Division of Medical Assistance Total Rules: 1 Original Filing Date: 8/16/2011 Jurisdiction Ends: 10/20/2011 Public Hearing: 9/19/2011 Amendment Original Filing No 5101:3-2-23 Cost reports. 9 Department of Job and Family Services Division of Social Services Total Rules: 9 Original Filing Date: 8/9/2011 Jurisdiction Ends: 10/13/2011 Public Hearing: 9/15/2011 Amendment Original Filing Yes 5101:2-13-21 Care and nurturing of children for type A homes. Amendment Original Filing Yes 5101:2-13-22 Child guidance and management for licensed type A homes. Amendment Original Filing Yes 5101:2-13-23 Evening and overnight care for licensed type A homes. Amendment Original Filing Yes 5101:2-13-27 Training in first aid, CPR, management of communicable disease and child abuse prevention. Amendment Original Filing Yes 5101:2-13-28 Inservice training for licensed type A homes. Amendment Original Filing Yes 5101:2-13-34 Medical, dental, and general emergency plan for licensed type A homes. Amendment Original Filing Yes 5101:2-13-35 Incident/injury report for licensed type A homes. Amendment Original Filing Yes 5101:2-13-36 First aid supplies/procedures for licensed type A homes. Amendment Original Filing Yes 5101:2-13-38 Care of children with health conditions in licensed type A homes. Total Rules: 1 Original Filing Date: 8/9/2011 Date of Revised Filing: 9/8/2011 Jurisdiction Ends: 10/13/2011 Public Hearing: 9/15/2011 Amendment Revised Filing Yes 5101:2-13-37 Children's medical and enrollment records for licensed type A homes. 10 Department of Job and Family Services Division of Social Services Total Rules: 9 Original Filing Date: 8/9/2011 Jurisdiction Ends: 10/13/2011 Public Hearing: 9/15/2011 Amendment Original Filing Yes 5101:2-12-21 Care and nurturing of children for licensed child care centers. Amendment Original Filing Yes 5101:2-12-22 Child guidance and management for licensed child care centers. Amendment Original Filing Yes 5101:2-12-23 Evening and overnight care for licensed child care centers. Amendment Original Filing Yes 5101:2-12-27 Training in first aid, CPR, management of communicable disease and child abuse prevention for staff in licensed child care centers. Amendment Original Filing Yes 5101:2-12-28 In-service training for licensed child care centers. Amendment Original Filing Yes 5101:2-12-34 Medical, dental, and general emergency plan for licensed child care centers. JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 3 10/3/2011
Amendment Original Filing Yes 5101:2-12-35 Incident/injury report for licensed child care centers. Amendment Original Filing Yes 5101:2-12-36 First aid supplies/procedures for licensed child care centers. Amendment Original Filing Yes 5101:2-12-38 Care of children with health conditions in licensed child care centers. Total Rules: 1 Original Filing Date: 8/9/2011 Date of Revised Filing: 9/8/2011 Jurisdiction Ends: 10/13/2011 Public Hearing: 9/15/2011 Amendment Revised Filing Yes 5101:2-12-37 Children's medical and enrollment records for licensed child care centers. 11 Department of Job and Family Services Division of Social Services Total Rules: 1 Original Filing Date: 8/12/2011 Jurisdiction Ends: 10/16/2011 Public Hearing: 9/14/2011 Amendment Original Filing Yes 5101:2-16-41 Payment rates and procedures for providers of publicly funded child care. 12 Department of Job and Family Services Division of Social Services Total Rules: 1 Original Filing Date: 8/19/2011 Jurisdiction Ends: 10/23/2011 Public Hearing: 9/27/2011 Amendment Original Filing Yes 5101:2-39-01 Removal of a child from his or her own home. 13 Department of Job and Family Services Division of Workforce Development Total Rules: 1 Original Filing Date: 8/3/2011 Jurisdiction Ends: 10/7/2011 Public Hearing: 9/6/2011 Amendment Original Filing No 5101:10-2-01 Military injury relief fund grant program: definitions. 14 Department of Natural Resources Division of Mineral Resources Management-Mine Safety Total Rules: 18 Original Filing Date: 8/11/2011 Jurisdiction Ends: 10/15/2011 Public Hearing: 9/14/2011 New Rule Original Filing No 1501:10-2-01 Applicability. New Rule Original Filing No 1501:10-2-08 Underground diesel fuel storage facilities. New Rule Original Filing No 1501:10-2-09 Transfer of diesel fuel. New Rule Original Filing No 1501:10-2-10 Containers for transport of diesel fuel. New Rule Original Filing No 1501:10-2-11 Fire suppression for equipment and transportation. New Rule Original Filing No 1501:10-2-12 Fire suppression for underground diesel fuel storage facilities. New Rule Original Filing No 1501:10-2-13 Prohibition on the use of certain starting aids. New Rule Original Filing No 1501:10-2-14 Fueling. JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 4 10/3/2011
New Rule Original Filing No 1501:10-2-16 Maintenance. New Rule Original Filing No 1501:10-2-17 Records. New Rule Original Filing No 1501:10-2-18 Duties of equipment operator. New Rule Original Filing No 1501:10-2-19 Schedule of maintenance. New Rule Original Filing No 1501:10-2-20 Establishing baseline exhaust emissions values for monitoring and control. New Rule Original Filing No 1501:10-2-21 Equipment maintenance diagnostic testing. New Rule Original Filing No 1501:10-2-23 Equipment-specific training for diesel-powered equipment operators. New Rule Original Filing No 1501:10-2-25 Additional requirements for operation of diesel-powered equipment. New Rule Original Filing No 1501:10-2-26 Underground mine inspector diesel inspection training. New Rule Original Filing No 1501:10-2-27 Diesel Technical Advisory Committee. Total Rules: 9 Original Filing Date: 8/11/2011 Date of Revised Filing: 9/12/2011 Jurisdiction Ends: 10/15/2011 Public Hearing: 9/14/2011 New Rule Revised Filing No 1501:10-2-02 Definitions for Chapter 1501:10-2 of the Administrative Code. New Rule Revised Filing No 1501:10-2-03 General requirements for underground use of diesel-powered equipment. New Rule Revised Filing No 1501:10-2-04 Diesel-powered equipment package. New Rule Revised Filing No 1501:10-2-05 Exhaust emissions control and conditioning systems. New Rule Revised Filing No 1501:10-2-06 Ventilation. New Rule Revised Filing No 1501:10-2-07 Exhaust emissions monitoring and control. New Rule Revised Filing No 1501:10-2-15 Fire and safety training. New Rule Revised Filing No 1501:10-2-22 General requirements for training diesel-powered equipment operators. New Rule Revised Filing No 1501:10-2-24 Diesel mechanic training. 15 Department of Natural Resources Division of Mineral Resources Management-Mine Safety Total Rules: 2 Original Filing Date: 8/11/2011 Jurisdiction Ends: 10/15/2011 Public Hearing: 9/14/2011 New Rule Original Filing No 1501:10-1-01 Definitions. New Rule Original Filing No 1501:10-1-07 Incorporation by reference. 16 Department of Public Safety Total Rules: 1 Original Filing Date: 6/14/2011 Date of Refiled Filing: 9/8/2011 Jurisdiction Ends: 10/8/2011 Public Hearing: 7/21/2011 Amendment Refiled Filing Yes 4501-27-01 License plate specifications. JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 5 10/3/2011
17 Department of Rehabilitation and Correction Total Rules: 6 Original Filing Date: 8/1/2011 Jurisdiction Ends: 10/5/2011 Public Hearing: Amendment Original Filing No 5120-12-03 Transfer, transportation, and conditions of supervision. Amendment Original Filing No 5120-12-04 Electronic monitoring of prisoners. Amendment Original Filing No 5120-12-05 Amendment Original Filing No 5120-12-06 Issuance of passes. Amendment Original Filing No 5120-12-07 Sanctions. Supervision fees, disbursement of earnings, and administration of the transitional control fund. Amendment Original Filing No 5120-12-08 Return to the institution for administrative reasons. 18 Department of Youth Services Total Rules: 1 Original Filing Date: 8/15/2011 Jurisdiction Ends: 10/19/2011 Public Hearing: 9/20/2011 Amendment Original Filing Yes 5139-2-15 19 Emergency Response Commission Prohibited activity relating to weapons, intoxicating liquors, tobacco products, drugs, unauthorized correspondence, communication devices, and hunting. Total Rules: 14 Original Filing Date: 8/10/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/19/2011 Amendment Original Filing Yes 3750-1-01 Definitions and incorporation by reference. Amendment Original Filing Yes 3750-1-02 Purpose. Amendment Original Filing Yes 3750-15-05 Public notice of proposed rules. Amendment Original Filing Yes 3750-25-01 Facilities subject to emergency release notification requirements. Amendment Original Filing Yes 3750-25-05 Designation of hazardous substances. Amendment Original Filing Yes 3750-25-10 Determination of reportable quantities for hazardous substances. Amendment Original Filing Yes 3750-25-15 Calculations for reportable quantities of continuous releases. Amendment Original Filing Yes 3750-25-25 Release notification requirements. Amendment Original Filing Yes 3750-30-01 Facilities subject to hazardous chemical reporting requirements. Amendment Original Filing Yes 3750-30-20 Facility emergency and hazardous chemical inventory form. Amendment Original Filing Yes 3750-50-03 Emergency planning and community right-to-know fund. Amendment Original Filing Yes 3750-50-05 Special emergency planning fund. Amendment Original Filing Yes 3750-50-10 Grant application for emergency planning and community right-to-know funds. JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 6 10/3/2011
Amendment Original Filing Yes 3750-50-20 Emergency planning and community right-to-know reserve fund. 20 Liquor Control Liquor Control Commission Total Rules: 2 Original Filing Date: 8/15/2011 Jurisdiction Ends: 10/19/2011 Public Hearing: 9/15/2011 Amendment Original Filing Yes 4301:1-1-33 Consumer tasting activities and sampling at retail permit premises. Amendment Original Filing Yes 4301:1-1-62 Inspection of permit premises - hindering or assaulting forbidden. 21 Ohio Casino Control Commission Total Rules: 1 Original Filing Date: 8/9/2011 Jurisdiction Ends: 10/13/2011 Public Hearing: 9/9/2011 New Rule Original Filing No 3772-29-01 Approval for Debt Transactions. 22 Ohio Environmental Protection Agency Total Rules: 14 Original Filing Date: 8/16/2011 Jurisdiction Ends: 10/20/2011 Public Hearing: 9/23/2011 Amendment Original Filing Yes 3745-100-01 Definitions. Amendment Original Filing Yes 3745-100-03 Record keeping. Amendment Original Filing Yes 3745-100-05 Covered facilities for toxic chemical release reporting. Amendment Original Filing Yes 3745-100-07 Reporting requirements and schedule for reporting. Amendment Original Filing Yes 3745-100-08 Exemptions. Amendment Original Filing Yes 3745-100-09 Notification about toxic chemicals. Amendment Original Filing Yes 3745-100-10 Applicable chemicals and chemical categories. Amendment Original Filing Yes 3745-100-11 Toxic chemical release reporting form and instructions. Amendment Original Filing Yes 3745-100-12 Fee system. Amendment Original Filing Yes 3745-100-13 Trade secret claims. Amendment Original Filing Yes 3745-100-14 Alternate threshold and certification. Amendment Original Filing Yes 3745-100-15 Alternate threshold certification and instructions. Amendment Original Filing Yes 3745-100-16 Lower thresholds for chemicals of special concern. Amendment Original Filing Yes 3745-100-17 SIC and NAICS codes to which this chapter applies. 23 Ohio Optical Dispensers Board Total Rules: 19 Original Filing Date: 1/14/2011 Date of Refiled Filing: 9/15/2011 Jurisdiction Ends: 10/15/2011 Public Hearing: 2/17/2011 JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 7 10/3/2011
New Rule Refiled Filing No 4726-3-01 Definitions. Rescission Refiled Filing Yes 4726-3-06 Definitions. Rescission Refiled Filing Yes 4726-5-02 Registration as an apprentice. New Rule Refiled Filing No 4726-7-01 Definitions. New Rule Refiled Filing No 4726-7-02 Licensure renewal requirements. New Rule Refiled Filing No 4726-7-03 Extension and waivers. New Rule Refiled Filing No 4726-7-04 Apprentice registration renewal. New Rule Refiled Filing No 4726-9-01 Definitions. New Rule Refiled Filing No 4726-9-02 Application for approval of continuing education. New Rule Refiled Filing No 4726-9-03 Rescission Refiled Filing Yes 4726-11-01 Continuing education requirements. Educational activities that meet and educational activities that do not meet the continuing education requirements for licensure renewal. Rescission Refiled Filing Yes 4726-11-02 Board approval of continuing education programs. Rescission Refiled Filing Yes 4726-11-03 Licensees requesting an extension or waiver of the continuing education requirements. Rescission Refiled Filing Yes 4726-11-04 Continuing education requirements excused. New Rule Refiled Filing No 4726-13-01 General information. New Rule Refiled Filing No 4726-13-02 Standards relating to competent practice as a licensed dispensing optician. New Rule Refiled Filing No 4726-13-03 Standards relating to competent practice as an ocularist. Rescission Refiled Filing Yes 4726-17-01 License displayed. Rescission Refiled Filing Yes 4726-17-02 Proper identification. 24 Ohio Optical Dispensers Board Total Rules: 10 Original Filing Date: 2/11/2011 Date of Refiled Filing: 9/16/2011 Jurisdiction Ends: 10/16/2011 Public Hearing: 3/17/2011 Rescission Refiled Filing Yes 4726-7-01 Competency examination procedures. Rescission Refiled Filing Yes 4726-9-01 Licensure requirements. Rescission Refiled Filing Yes 4726-9-02 Renewal of licenses. Rescission Refiled Filing Yes 4726-9-03 Criminal records check. Rescission Refiled Filing Yes 4726-13-01 Fees. New Rule Refiled Filing No 4726-20-01 Competency examination procedures. New Rule Refiled Filing No 4726-20-02 Licensure requirements. New Rule Refiled Filing No 4726-20-03 Renewal of licenses. JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 8 10/3/2011
New Rule Refiled Filing No 4726-20-04 Criminal records check. New Rule Refiled Filing No 4726-20-05 Fees. 25 State Board of Pharmacy Total Rules: 11 Original Filing Date: 8/10/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/12/2011 Amendment Original Filing Yes 4729-1-02 Notice of meetings. Amendment Original Filing Yes 4729-1-03 Public records. Amendment Original Filing Yes 4729-3-01 Definitions. Amendment Original Filing Yes 4729-3-05 Internship credit. Amendment Original Filing Yes 4729-3-09 Expiration of pharmacy intern registration. Amendment Original Filing Yes 4729-5-07 Recognized and approved schools of pharmacy. Amendment Original Filing Yes 4729-5-25 Dispensing and compounding of drugs. Amendment Original Filing Yes 4729-5-26 Partial dispensing of schedule II controlled substances. Amendment Original Filing Yes 4729-5-33 Examination application for registration as pharmacist. Amendment Original Filing Yes 4729-9-06 Disposal of dangerous drugs which are controlled substances. Amendment Original Filing Yes 4729-9-10 Occasional sale. Total Rules: 1 Original Filing Date: 8/10/2011 Date of Revised Filing: 9/13/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/12/2011 Amendment Revised Filing Yes 4729-5-20 Prospective drug utilization review. 26 State Board of Pharmacy Total Rules: 9 Original Filing Date: 8/10/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/12/2011 Amendment Original Filing No 4729-4-03 Qualified pharmacy technician training program. Amendment Original Filing No 4729-5-01 Definitions. Amendment Original Filing No 4729-5-30 Manner of issuance of a prescription. Amendment Original Filing No 4729-9-16 Minimum requirements for wholesalers. Amendment Original Filing No 4729-37-03 Entities required to submit information. Amendment Original Filing No 4729-37-04 Information required for submission. Amendment Original Filing No 4729-37-05 Electronic format required for the transmission of dispensing information. Amendment Original Filing No 4729-37-06 Electronic format required for the transmission of wholesale drug sales. JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 9 10/3/2011
Amendment Original Filing No 4729-37-11 Corrections to the drug database. Total Rules: 1 Original Filing Date: 8/10/2011 Date of Revised Filing: 9/13/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/12/2011 Amendment Revised Filing No 4729-37-07 Frequency requirements for submitting drug database information. 27 State Board of Pharmacy Total Rules: 1 Original Filing Date: 8/10/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/12/2011 New Rule Original Filing No 4729-9-26 Criminal Records Check for Pain Management Clinics. 28 State Board of Psychology Total Rules: 4 Original Filing Date: 8/16/2011 Jurisdiction Ends: 10/20/2011 Public Hearing: 9/23/2011 Amendment Original Filing No 4732-3-01 Definitions. Amendment Original Filing No 4732-9-01 Requirements for admission to the examination for a psychologist license. Amendment Original Filing No 4732-13-03 Supervision definitions. Amendment Original Filing No 4732-13-04 Requirements pertaining to supervision. Total Rules: 1 Original Filing Date: 8/16/2011 Date of Revised Filing: 8/23/2011 Jurisdiction Ends: 10/20/2011 Public Hearing: 9/23/2011 Amendment Revised Filing No 4732-17-01 29 State Medical Board General rules of professional conduct pursuant to section 4732.17 of the Revised Code. Total Rules: 1 Original Filing Date: 5/20/2011 Date of Refiled Filing: 9/19/2011 Jurisdiction Ends: 10/19/2011 Public Hearing: 6/24/2011 New Rule Refiled Filing No 4731-11-11 Standards and procedures for review of Ohio Automated Rx Reporting System (OARRS). 30 Department of Agriculture Withdrawn Total Rules: 1 Original Filing Date: 9/13/2011 Date of Withdrawn Filing: 9/26/2011 Jurisdiction Ends: Public Hearing: 10/18/2011 JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 10 10/3/2011
Amendment Withdrawn Filing No 901-15-03 Services performed by the division of plant industry. 31 Department of Public Safety Total Rules: 8 Original Filing Date: 8/4/2011 Date of Withdrawn Filing: 9/12/2011 Jurisdiction Ends: Public Hearing: 9/6/2011 Amendment Withdrawn Filing No 4501-7-01 Definitions. Amendment Withdrawn Filing No 4501-7-02 Place of business for a class "D" license school and office. Amendment Withdrawn Filing No 4501-7-08 Insurance and bonding for training the operation of class "D" motor vehicles. Rescission Withdrawn Filing Yes 4501-7-10 Training required for the operation of class "D" motor vehicles. New Rule Withdrawn Filing No 4501-7-10 Training required for the operation of class D motor vehicles. Amendment Withdrawn Filing No 4501-7-12 Class "D" license school training agreements. Amendment Withdrawn Filing No 4501-7-13 Class "D" license school records. Amendment Withdrawn Filing No 4501-7-20 Inspections and investigations of class "D" license schools. JCARR 77 South High Street Concourse Level Columbus, Ohio 43215 (614) 466-4086 www.jcarr.state.oh.us Page 11 10/3/2011