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Amends 105 IAC 9-2 to adopt the Millennium Edition of the Manual on Uniform Traffic Control Devices with amendments as the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways and to delete the language concerning the adoption of the previous 1988 Edition of the Indiana Manual on Uniform Traffic Control Devices. Repeals 105 IAC 9-2-2.
Adds 307 IAC to establish standards for the Indiana registry of soil scientists.
Amends 312 IAC 5-6-6 that provides restricted watercraft zones on Lake Wawasee and Syracuse Lake to provide greater specificity for an idle speed zone within Conklin Bay, Lake Wawasee. Makes other technical changes.
Amends 312 IAC 11-5, governing exceptions to licensing standards for nonconforming uses with respect to construction along and within public freshwater lakes, by recognizing a new exception in 312 IAC 11-5-1 where needed for construction by a governmental entity in order to comply with the federal Americans with Disabilities Act.
Amends 326 IAC 6-1-10.1 and 326 IAC 6-1-10.2 concerning U.S. Steel particulate matter emission limits.
Amends 345 IAC 1-3-30 to restrict the movement of certain species of the family cervidae into the state. Adds 345 IAC 1-3-31 to restrict the movement of carcasses and parts thereof of certain species of the family cervidae into the state. Adds 345 IAC 1-3-32 to require full and honest information exchange and authorize penalties for violations. Amends 345 IAC 1-6-2 and 345 IAC 1-6-3 to clarify animal disease reporting requirements. Adds 345 IAC 2-7-2.4 and 345 IAC 2-7-2.5 to clarify interstate and intrastate movement requirements for all cervids. Amends 345 IAC 2-7-3 to clarify requirements for keeping records of cervid movements and identifying animals.
Amends 405 IAC 1-17-1 to modify the reimbursement methodology for state-owned intermediate care facilities for the mentally retarded (ICFs/MR) to apply retrospective rate-setting principles with an annual cost-settlement. Amends 405 IAC 1-17-2 to delete the reference to market area limitation. Amends 405 IAC 1-17-3 to remove the central office financial reporting requirements. Amends 405 IAC 1-17-4 to remove the 10 percent reduction in current rate if there is a delay in filing of the annual financial report. Amends 405 IAC 1-17-5 to remove the nine month base rate reporting requirement. Amends 405 IAC 1-17-6 to change the rate effective date from the first day of the fourth month following the provider's reporting year end to the first day of the month following the providers reporting year end. Amends 405 IAC 1-17-7 to remove the requirement to base forecasted data on a minimum eighty percent occupancy. Amends 405 IAC 1-17-9 to apply a retrospective payment system with annual settlement and to remove the market area limitation, private pay rate limitation, and requested rate limitation.
Amends 410 IAC 6-7.2 regarding the operation and sanitation of youth camps.
Amends 460 IAC 6 concerning types of supported living services and supports, provider qualifications and supervision, and reporting requirements.
Adds 470 IAC 3-4.7 concerning licensure of child care centers. These rules represent the minimum standards necessary to operate a child care center. Existing child care centers licensed at the time these rules are officially adopted shall have one calendar year to comply with the new rules unless specifically stated otherwise. Repeals 470 IAC 3-4.1 and 470 IAC 3-4.2.
Amends 511 IAC 6.2 to bring the school accountability system into alignment with the federal No Child Left Behind Act of 2001. Adds definition of adequate yearly progress and expectation of 100% proficiency of all students and identified groups of students in 2013-2014. Establishes intermediate goals and annual objectives. Identifies student groups for purposes of reporting and determining adequate yearly progress. Requires schools to assess 95% of students in identified groups on ISTEP+ tests. Adds alternate means of demonstrating adequate yearly progress for student groups. Defines "full academic year" for purposes of determining if students are included in making decisions about adequate yearly progress. Adds provisions to implement the statutory requirement to assess school corporation improvement.
Adds 515 IAC 8 to provide for certain requirements for the issuance of initial practitioner and other licenses issued by the professional standards board.
Amends 804 IAC 1.1-1-1 to revise the definition of degree in a design discipline.
Adds 856 IAC 2-7 concerning limited permits for humane societies, animal control agencies, or governmental entities operating an animal shelter; and storage, security, policy, and procedure for access, handling, and administration of Ketamine, Ketamine products, Tiletimine, and Zolazepam, and other controlled substances obtained under the limited permit.
Amends 876 IAC 3-5-1 to remove the continuing education requirement that each licensee or certificate holder retain evidence of a Uniform Standards of Professional Appraisal Practice course until 24 months after the end of the last renewal period. Amends 876 IAC 3-5-1.5 to revise the mandatory continuing education courses required every renewal cycle and to establish Uniform Standards of Professional Appraisal Practice continuing education credit shall only be awarded when an Appraiser Qualification Board certified Uniform Standards of Professional Appraisal Practice instructor teaches the course. Amends 876 IAC 3-5-7 to revise the minimum requirements for instructors used by an approved real estate appraiser continuing education provider. Amends 876 IAC 3-6-4 to require that an appraisal review of an Indiana licensed residential, certified residential, or certified general appraiser or any other licensed appraiser comply with the Uniform Standards of Professional Appraisal Practice.
Amends 876 IAC 1-4-1 to update the statutory reference to the seller's disclosure form. Amends 876 IAC 1-4-2 to revise the residential sales disclosure form.
Adds 905 IAC 1-45 to establish rules regulating tracking of beer kegs under IC 7.1-3-6.5. This rule would provide definitions and procedures to implement said statutes.
Adds 65 IAC 4-329 concerning instant game number 685.
Temporarily adds rules concerning instant game number 658.
Temporarily adds rules concerning instant game number 659.
Temporarily adds rules concerning instant game number 661.
Temporarily adds rules concerning instant game number 672.
Adds 65 IAC 4-330 concerning instant game number 664.
Adds 65 IAC 4-331 concerning instant game number 660.
Temporarily adds rules concerning instant game number 663.
Temporarily adds rules concerning instant game number 665.
Amends 71 IAC 7-3-6 concerning driver's attire. Amends 71 IAC 7.5-1-4 concerning coupled entries and quarter horse trials. Amends 71 IAC 7.5-6-3 concerning jockey requirements and silks.
Temporarily modifies 312 IAC 18-3-12, which governs the control of larger pine shoot beetles, by adding Union County to the quarantine area.
Under IC 6-1.5-6-1 and IC 6-1.5-6-2, the Indiana Board of Tax Review intends to adopt rules to govern the processing of petitions, and the practice and procedures, for Lake County appeal proceedings conducted before the Indiana Board of Tax Review pursuant to IC 6-1.1-4-34. The proposed rules will address the matters identified in IC 6-1.5-6-2, which include hearing procedures, small claims, mediation, and arbitration. The Indiana Board of Tax Review invites written suggestions, facts, arguments, or views in these matters. Questions or comments may be directed to Annette Biesecker, Chairman, Indiana Board of Tax Review, at 232-3753. Statutory authority: IC 6-1.5-6-1; IC 6-1.5-6-2.
Amends 312 IAC 16 that governs the drilling, operation, and proper abandonment of wells drilled for oil and gas purposes. Amendments to definitions and to standards governing the plugging and abandoning are updated to incorporate best management practices. Included are specifications for the use of oil field cements and other materials, the certification of plugging adequacy, the use of alternate materials and methods in well plugging, and quality control measures to ensure the adequacy of plugs. Amendments to standards governing mechanical integrity in 312 IAC 16-5-15 would provide that an operator use a minimum of 300 pounds of pressure during the running of a mechanical integrity test and would cause these standards to harmonize with those in 312 IAC 16-5-20. Other technical changes are included. Questions concerning the proposed rule amendments may be directed to the following telephone number: 317-233-3322 or e-mail: firstname.lastname@example.org. Statutory authority: IC 14-37-3-15; IC 14-10-2-4.
Amends 405 IAC 6, provisions affecting income of applicants and enrollees for the Indiana prescription drug program, amends the residency definition for eligibility, and removes provisions regarding the refund system of processing claims. Statutory authority: IC 12-10-16-5.
Amends 405 IAC 2-3 to specify that expenses that are subject to payment by a third party may not be used to establish spend-down eligibility. Sets out procedures and time limits for establishing spend-down eligibility. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.
Adds 460 IAC 1.1 concerning home and community based services, which will include qualifications for approved providers of home and community based services; the process by which the bureau of aging and in-home services (BAIHS) approves providers; the BAIHS process for monitoring and ensuring compliance with provider standards and requirements; the rights of individuals receiving services; protection of individuals receiving services; standards and requirements for approved providers of home and community based services; and definitions for home and community based services. Statutory authority: IC 12-8-8-4; IC 12-9-2-3; IC 12-10.5-2-2; IC 12-11-1.1-9; IC 12-11-2.1-12.
Adds provisions regarding requirements that are to be met by entities that have a contract with the Division of Disability, Aging, and Rehabilitative Services to perform job development, placement, or retention services if the entity is accredited by a national accreditation organization that does not have requirements regarding job development, placement, or retention. Statutory authority: IC 12-8-8-4; IC 12-9-2-3.
Amends 610 IAC 4-2-1, including requirements for reporting and recording occupational injuries and illnesses applicable in the public sector. Repeals 610 IAC 4-2-11 concerning record keeping requirements of public employers. Questions or comments on the adoption may be directed by mail to the Department of Labor, Indiana Government Center-South, 402 West Washington Street, Room W195, Indianapolis, Indiana 46204. Statutory authority: IC 22-8-1.1-48.1.
Amends 610 IAC 4-6-23, including requirements for reporting fatalities and multiple hospitalization incidents in the workplace. Questions or comments on the amendment may be directed by mail to the Indiana Department of Labor, Indiana Government Center-South, 402 West Washington Street, Room W195, Indianapolis, Indiana 46204. Statutory authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1.
Amends 610 IAC 4-6-13 by deleting the same, removing requirements for reporting work-related musculoskeletal disorders. Questions or comments on the amendment may be directed by mail to the Indiana Department of Labor, Indiana Government Center-South, 402 West Washington Street, Room W195, Indianapolis, Indiana 46204. Statutory authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1.
The Department intends to promulgate a rule to amend 760 IAC 1-60 regarding physician specialty classes, discounts, and rates for part-time and retired physicians. Written comments may be submitted to the Indiana Department of Insurance, Attn: Amy Strati, 311 West Washington Street, Suite 300, Indianapolis, Indiana 46204 or e-mail to email@example.com. Statutory authority: IC 34-18-5-2.
This rule makes changes regarding the practice of physical therapy. Amends 844 IAC 6-1-4 to incorporate by reference the April 2002 edition of Commission on Accreditation in Physical Therapy Education, Accreditation Handbook. Amends 844 IAC 6-3-1 to revise the requirements for licensure by endorsement for physical therapists and physical therapist's assistants. Amends 844 IAC 6-3-2 to revise the requirements for licensure by examination for physical therapists and physical therapist's assistants. Amends 844 IAC 6-3-4 to revise the application requirements for licensure as a physical therapist and certification for physical therapist's assistants. Amends 844 IAC 6-3-5 to revise the requirements for a temporary permit. Amends 844 IAC 6-4-3 to change registration to certificate. Amends 844 IAC 6-6 to modify the requirements for the reinstatement of suspended license to practice as a physical therapist and certificate to act as a physical therapist's assistant. Amends 844 IAC 6-7 to revise the standards of professional conduct and competent practice of physical therapy and practice as a physical therapist's assistant. Establish requirements for the collection and use of the Social Security number for applicants who apply for a license, certificate, or permit under IC 25-27-1. Questions or comments concerning the proposed rules may be directed to: Physical Therapist Committee, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail to firstname.lastname@example.org. Statutory authority: IC 25-22.5-2-7; IC 25-27-1-5.
This rule makes changes regarding the practice of physical therapy. Amends 844 IAC 6-1-2 to revise the definitions concerning physical therapists and physical therapist's assistants to modify the definitions of direct supervision, physical therapist's assistant, and physical therapy and to establish definitions for advisory services, research, and teaching. Questions or comments concerning the proposed rules may be directed to: Physical Therapist Committee, Indiana Government Center-South, 402 West Washington Street, Room W066, Indianapolis, Indiana 46204 or by electronic mail to email@example.com. Statutory authority: IC 25-27-1-5.
This rule makes changes regarding licensure of appraisers. Amends 876 IAC 3-2-7 to establish a fee for licensed and certified appraisers in an amount necessary to fund the investigative fund established by IC 25-34.1-8-7.5. Questions or comments concerning the proposed rules may be directed to: Indiana Real Estate Commission, ATTENTION: Board Director, 302 West Washington Street, Room E012, Indianapolis, IN 46204-2700 or via e-mail at firstname.lastname@example.org. Statutory authority: IC 25-1-8-2; IC 25-34.1-2-5; IC 25-34.1-3-8; IC 25-34.1-3-9; IC 25-34.1-8-6.
Establish a fee for real estate brokers and salespersons in an amount necessary to fund the investigative fund established by IC 25-34.1-8-7.5. Questions or comments concerning the proposed rules may be directed to: Indiana Real Estate Commission, ATTENTION: Board Director, 302 West Washington Street, Room E012, Indianapolis, IN 46204-2700 or via e-mail at email@example.com. Statutory authority: IC 25-34.1-2-5; IC 25-34.1-2-6; IC 25-1-8-2.
The scope and intent of the proposed rule is to amend 910 IAC 2-4 to implement IC 22-9.5-3-4, as amended by P.L.89-2003, concerning housing intended and operated for persons at least fifty-five (55) years of age. Public comments are invited and should be submitted in writing to the Indiana Civil Rights Commission, ATTENTION: Bruce Jefferson, Deputy Director, 100 North Senate Ave., Room N103, Indianapolis, IN 46204 or by e-mail at firstname.lastname@example.org. Statutory authority: IC 22-9.5-4-2; IC 22-9.5-3-4; P.L.89-2003.
Adds 68 IAC 6-3 to govern the commission's administration of a Voluntary Exclusion Program in the state of Indiana, which will allow individuals to voluntarily request to have his or her name placed on an exclusion list and be excluded from Indiana riverboats whose licensees may not cash checks for, issue credit to, or send direct marketing to persons who are identified by this list.
Amends 305 IAC 1 and adds 305 IAC 1-5 to establish a code of ethics for licensed professional geologists, to provide that fees are set by board resolution not directly by rule, to clarify that certificates are reinstated by the board not the Indiana geological survey, and to provide for annual rather than semiannual publication of a roster of licensed geologists. Makes other technical changes.
Amends 312 IAC 5-6-5, governing special watercraft restrictions on Lake James, to apply to other lakes in the Lake James Chain of Lakes and add new restricted watercraft zones, including those for Lake James, the channel between Lake James and Snow Lake, and Follett Creek between Big Otter Lake and Snow Lake.
Amends 312 IAC 25 that assists in the administration of IC 14-34 (sometimes referred to as the "Indiana Surface Control and Reclamation Act" or "Indiana SMCRA"), which governs surface coal mining and reclamation activities. Makes numerous changes to help assure conformance with state and federal law including new definitions for "land eligible for remining" and "unanticipated event or condition", references to ponds would be modified to describe siltation structures, designated regulations of the Mine Safety and Health Administration would be incorporated by reference, refuse piles would be addressed with greater specificity, references to the former Soil Conservation Service are updated to identify the Natural Resources Conservation Service, new standards address consultation with the Secretary of Agriculture, permits on prime farmland, permits on lands eligible for remining, certifications by a permittee who seeks a bond release, the development of baselines for hydrologic information, and the frequency of inspections of abandoned sites, provides for the confidentiality of information and location of archaeological resources on public and Indian lands, specifies that, in addition to the director of the department of natural resources, the Secretary of the Interior may perform mine inspections. Makes numerous other substantive and technical changes.
Amends 312 IAC 9-10-4, governing game breeder licenses, to indicate which species can be kept under a game breeder license, to regulate the importation of a wild animal, to require documentation when transporting wild animals, to restrict the release of wild animals held under this license, to require compliance with other applicable state, local, and federal laws, and to identify causes for which a license can be suspended or revoked.
Amends 312 IAC 25-6-31 to remove a requirement that revised blasting schedules be approved by the director before publication while retaining all requirements concerning the contents of that notice. Amends 312 IAC 25-9-5 to require individuals seeking blaster certification who fail the examination three times to retake the training course for certification. Amends 312 IAC 25-9-8 to add continuing education requirements to maintain and to provide that individuals who had certifications that have been expired for more than five years must complete the entire certification and training process as a new applicant.
Amends 326 IAC 2-2-1, 326 IAC 2-2-6, and 326 IAC 2-2-12 concerning corrections to the prevention of significant deterioration (PSD) requirements.
Amends 405 IAC 5-20 to add coverage and reimbursement limitations for psychiatric residential treatment services (PRTF) for children under twenty-one (21) years of age. Adds 405 IAC 1-21 setting forth the reimbursement criteria for PRTF services.
Amends 405 IAC 2-3-1.1 to specify that a Medicaid penalty period for the transfer of assets for less than fair market value will begin in the month after which assets have been transferred for less than fair market value; that if an individual is ineligible for medical assistance due to a transfer penalty, expenses for nursing home services incurred during the penalty period are not allowable medical expenses in calculating an individual's nursing home liability for any month of Medicaid eligibility; that in determining the total, cumulative uncompensated value of assets transferred, transfers made in consecutive months are added together; that the transfer of an asset that produces or is capable of producing income is a transfer of income as well as a transfer of the underlying resource and the values will be added together to determine the uncompensated value of the transfer; that for transfers of income-producing real property, $6,000 of the equity value can be transferred without penalty if the transferred property produces at least $360 a year in income; that, in order to establish that a transfer was made exclusively for purposes other than qualifying for medical assistance, the applicant or recipient must submit sufficient evidence to show that the transfer was made exclusively for reasons not related to Medicaid eligibility, estate recovery, or lien.
Amends 405 IAC 5-24-7 to revise copayment structure for drugs reimbursed by Medicaid and specify that all covered drugs dispensed will be subject to a three dollar copayment.
Amends 405 IAC 5-19-3 to modify the reimbursement methodology for durable medical equipment (DME); to permit the office to establish reimbursement rates for used DME; to require providers to bill for services using their usual and customary charges defined as the amount charged to the general public for services; to establish reimbursement as the lower of the provider's usual and customary charges or the maximum allowable fee schedule amount; to establish a new maximum allowable fee schedule for DME; to permit the office to establish a manual fee when information is not available to determine a fee schedule amount; to require providers to submit acquisition cost information; and to permit the office to update the maximum allowable fee schedule in accordance with the provisions therein.
Amends 460 IAC 3.5-1-1 and 460 IAC 3.5-2-1 to revise the definitions of adult day services and the reimbursement rates for adult day services paid by the division of disability, aging, and rehabilitative services to approved providers. The update may include a mechanism for calculating rates. Adult day services are provided to eligible individuals with a developmental disability.
Amends 511 IAC 1-3-1 to add a new definition for data required to be collected by 20 USCA 7112(c)(3)(B)(i) and to define truancy rate, unexcused absence, and aggregate unexcused absences.
Amends 760 IAC 1-50 regarding continuing education providers to conform with P.L.132-2001.
Amends 856 IAC 1-33-1, 856 IAC 1-33-2, and 856 IAC 1-33-4 and adds 856 IAC 1-33-1.5 and 856 IAC 1-33-7 concerning patient counseling. NOTE: LSA Document #03-154, printed at 26 IR 3949, was revised and resubmitted for publication.
Amends 856 IAC 1-27-1 concerning the fee for certification as a pharmacy technician.
Amends 872 IAC 1-1 to implement rule changes to facilitate the computerization of the Uniform CPA examination based on P.L.6-2003 (House Enrolled Act 1183).
Amends 876 IAC 3-6-9 to exempt employees of governmental entities, who are Indiana licensed trainee appraisers, in the course of the governmental entities' activities from the requirements that a certified or licensed appraiser may not be the supervising appraiser for more than two trainees and that the supervising appraiser shall accompany the Indiana licensed trainee appraiser and inspect the subject and comparable properties on the first 50 assignments performed by the trainee and, during the first year the trainee holds an active license, all assignments located more than 50 miles from the supervising appraiser's office.
The Indiana Department of Environmental Management (IDEM) has developed draft rule language for rule 326 IAC 2-10, Permit by Rule. 326 IAC 2-11, Permit by Rule for Specific Source Categories, which was first noticed with 326 IAC 2-10, under First Notice of Comment Period in the Indiana Register at 26 IR 3757 on August 1, 2003, will be the subject of a separate Second Notice. By this notice, IDEM is soliciting comment on the draft rule language for 326 IAC 2-10. This rule was noticed for readoption in the initial sunset rulemaking (LSA #00-44); a request was made that the rule go through the regular environmental rulemaking process under IC 13-14-9. IDEM seeks comments on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rule 326 IAC 20-56 and amendments to rule 326 IAC 20-25 concerning the incorporation of national emission standards for hazardous air pollutants for reinforced plastic composites production. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.
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