JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 20, 2017 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. William A. Hatch

Sen. Dan Feltes

Rep. Rick M. Ladd

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

 

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. William Gannon (Alt.)

 

Sen. Dan Innis (Alt.)

 

Sen. Ruth Ward (Alt.)

 

 

 

The times and order specified for the agenda items listed below are only tentative. The Committee may change the order or may change the amount of time allotted for such items.

 

1. 9:00 a.m. Convene and Review Minutes

 

JLCAR Deadlines Noted in Agenda:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form


 

CONSENT AGENDA

 

2. 9:05 a.m. Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

(a) FP 2016-114
Approval

BOARD OF PROFESSIONAL GEOLOGISTS

Definitions, Organization, and Public Information

(JLCAR Deadline January 23, 2017. One rule had expired July 1, 2016.)

 

 

(b) FP 2016-115
Approval

BOARD OF PROFESSIONAL GEOLOGISTS

Practice and Procedure

(JLCAR Deadline January 23, 2017.)

 

 

(c) FP 2016-123
Approval

BOARD OF MENTAL HEALTH PRACTICE

Educational and Practical Experience Requirements for Pastoral Psychotherapists

(JLCAR Deadline February 3, 2017.)

 

 

(d) FP 2016-132
Approval

BOARD OF HEARING CARE PROVIDERS

Misconduct Investigations; Nonadjudicative Investigations and Informal Hearings; Explanation of Rules After Adoption; Waiver of Substantive Rules

(JLCAR Deadline February 10, 2017.)

 

 

(e) FP 2016-162
Approval

PUBLIC UTILITIES COMMISSION

Underground Utility Damage Prevention Program

(JLCAR Deadline January 20, 2017.)

 

 

(f) FP 2016-188
Approval

LOTTERY COMMISSION

Racing and Charitable Gaming Division

Repeal of Former Racing and Charitable Gaming Commission's Organizational Rules

(JLCAR Deadline January 30, 2017.)

 

 

(g) FP 2016-189
Approval

LOTTERY COMMISSION

Racing and Charitable Gaming Division

Repeal of Former Racing and Charitable Gaming Commission's Rules of Practice

(JLCAR Deadline January 30, 2017.)

 

 

(h) FP 2016-199
Approval

INSURANCE DEPARTMENT

Life Insurance Illustrations

(JLCAR Deadline January 23, 2017.)

 

 

(i) FP 2016-206
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Definitions -- NH Rules for the Control of Radiation

(JLCAR Deadline February 13, 2017.)

 

 

(j) FP 2016-208
Approval

INSURANCE DEPARTMENT
Use of Senior-Specific Certifications and Professional Designations in the Sale of Life Insurance and Annuities

(JLCAR Deadline January 30, 2017.)

 

 

(k) FP 2016-212
Approval

FISH AND GAME DEPARTMENT

Free Fishing Days and Marking of Freshwater Fish Prohibited

(JLCAR Deadline February 13, 2017.)

 

 

(l) FP 2016-215
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Milk Producers, Milk Plants, Producer Distributors, and Distributors

(JLCAR Deadline February 21, 2017.)

 

 

(m) FP 2016-217
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid Substance Use Disorder (SUD) Treatment and Recovery Support Services

(JLCAR Deadline February 21, 2017.)

 

 

(n) FP 2016-218
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Hospital Services

(JLCAR Deadline February 21, 2017.)

 

 

(o) FP 2016-222
Approval

N.H. MOTOR VEHICLE INDUSTRY BOARD

Various Motor Vehicle Industry Board Rules

(JLCAR Deadline February 2, 2017.)

 

 

(p) FP 2016-224
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Standards and Burden of Proof

(JLCAR Deadline February 21, 2017.)

 

 

(q) INT 2017-5
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Secure Psychiatric Unit Transfers

(JLCAR Deadline April 12, 2017. Existing rules will expire February 1, 2017.)

 

 

3. 9:10 a.m. Committee Conditional Approvals:

 

 

FP 2016-211
Conditional Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Nursery and Nursery Stock

(JLCAR Deadline February 13, 2017.)

 

 

4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

5. 9:16 a.m. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(a) FP 2016-138
Preliminary Objection

BOARD OF AUCTIONEERS

Definitions, Organization, and Public Information

(JLCAR Deadline February 17, 2017.)

 

 

(b) FP 2016-139
Preliminary Objection

BOARD OF AUCTIONEERS

Complaints and Hearing Procedures, Licensing Requirements, Continued Status, and
Ethical Standards

(JLCAR Deadline February 17, 2017.)

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated. Also noted are whether there are agency responses not previously reported and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved. No further Committee action is required in that case.

 

 

Conditionally Approved October 20, 2016:

 

 

FP 2016-44

BOARD OF PODIATRY

Opioid Prescribing

(Response received December 20, 2016 and confirmed December 20, 2016.)

 

 

FP 2016-131

BOARD OF NURSING

Opioid Prescribing

(Response received November 18, 2016 and confirmed November 18, 2016.)

 

 

FP 2016-121

DEPARTMENT OF SAFETY

Rental Agent Rules

(Converted to preliminary objection pursuant to RSA 541-A:13, V(a) after deadline of November 21, 2016 was passed. Objection response filed December 5, 2016 and approved
by JLCAR on December 15, 2016.)

 

 

Conditionally Approved November 17, 2016:

 

 

FP 2016-57

DEPARTMENT OF ENVIRONMENTAL SERVICES

Cross-Program Rules

N.H. Environmental Laboratory Accreditation Program

(Response received November 18, 2016 and confirmed November 21, 2016.)

 

 

FP 2016-97

GOVERNING BOARD OF PHYSICAL THERAPISTS

Requirements for Initial Licensure

(Response received December 22, 2016 and confirmed December 22, 2016.)

 

 

FP 2016-98

GOVERNING BOARD OF PHYSICAL THERAPISTS

Continued Status

(Response received December 22, 2016 and confirmed December 22, 2016.)

 

 

FP 2016-142

BOARD OF VETERINARY MEDICINE

Veterinary Medicine and Opioid Prescribing

(Response received December 21, 2016 and confirmed December 22, 2016.)

 

 

FP 2016-93

WATER WELL BOARD

Water Well Board Rules

(Response received December 23, 2016 and confirmed December 27, 2016.)

 

 

Conditionally Approved December 15, 2016:

 

 

FP 2016-130

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Community Mental Health Services Assertive Community Treatment (ACT)

(Response received December 23, 2016 and confirmed December 23, 2016.)

 

 

FP 2016-163

LIQUOR COMMISSION

Public Sampling of Beverage/Liquor/Wine Pursuant to RSA 179:44

(Response received December 20, 2016 and confirmed December 21, 2016.)

 

 

FP 2016-164

LIQUOR COMMISSION

Rules Relating to Tobacco

(Response received December 20, 2016 and confirmed December 21, 2016.)

 

 

FP 2016-200

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Therapeutic Cannabis Program - Alternative Treatment Centers

(Response received December 22, 2016 and confirmed December 22, 2016.)

 

 

FP 2016-149

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Invasive Species

(Response received January 9, 2017 and confirmed January 9, 2017.)

 

 

REGULAR AGENDA

 

6. 9:18 a.m. Consider postponing action on certain items to another meeting.

 

7. 9:20 a.m. PESTICIDE CONTROL BOARD

 

 

FP 2016-148
Approval

Pesticide Use

(JLCAR Deadline January 30, 2017.)

 

 

8. 9:30 a.m. FISH AND GAME DEPARTMENT

 

 

FP 2016-161
Preliminary Objection

Rules for Lands and Waters Under Department Control

(JLCAR Deadline February 3, 2017.)

 

 

9. 9:40 a.m. N.H. RETIREMENT SYSTEM

 

 

FP 2016-185
Approval with Understanding

Electronic Filing of Documents

(JLCAR Deadline January 30, 2017.)

 

 

10. 9:50 a.m. LOTTERY COMMISSION

 

 

(a) FP 2016-190
Approval

Rules of Practice and Procedure

(JLCAR Deadline January 30, 2017.)

 

 

(b) FP 2016-195

Conditional Approval

Racing and Charitable Gaming Division

Bingo Penalties

(JLCAR Deadline January 30, 2017.)

 

 

(c) FP 2016-196
Conditional Approval

Racing and Charitable Gaming Division

Lucky 7 Penalties

(JLCAR Deadline January 30, 2017.)

 

 

(d) FP 2016-197
Conditional Approval

Racing and Charitable Gaming Division

Games of Chance Penalties

(JLCAR Deadline January 30, 2017.)

 

 

11. 10:00 a.m. INSURANCE DEPARTMENT

 

 

(a) FP 2016-209
Postponed to 2/17/17
Regular Meeting

Uniform Prior Authorization Forms and Electronic Standard for Prescription Drug Benefits

(JLCAR Deadline February 21, 2017.)

 

 

(b) OR 2016-172
Postponed to 2/17/17
Regular Meeting

Prescription Prices for Pharmacists and Pharmacies

(JLCAR Deadline February 22, 2017.)

 

 

12. 10:15 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

FP 2016-167
Postponed to 2/17/17
Regular Meeting

Commissioner

Certification Payment Standards for Health Care and Laboratory Service Providers

(JLCAR Deadline February 13, 2017.)

 

 

13. 10:20 a.m. FIRE STANDARDS AND TRAINING COMMISSION

 

 

INT 2016-41
Conditional Approval

Interim New Hampshire Fire Standards and Training Commission Rules

(JLCAR Deadline March 15, 2017. Former rules expired November 12, 2016.)

 

 

14. 10:30 a.m. BOARD OF PROFESSIONAL GEOLOGISTS

 

 

FP 2016-116
Conditional Approval

Licensure Requirements; Continued Status; Ethical Standards and License Surrender

(JLCAR Deadline January 23, 2017.)

 

 

15. 10:35 a.m. BOARD OF CHIROPRACTIC EXAMINERS

 

 

INT 2017-1
Approval with Understanding

Licensing Requirements; Continued Status

(JLCAR Deadline April 12, 2017. Former rules expired October 11, 2014 and January 10, 2017.)

 

 

16. 10:40 a.m. BOARD OF REGISTRATION IN OPTOMETRY

 

 

INT 2017-2
Approval with Understanding

Applications for Initial Licensure; License Renewal and Continuing Education; Ethical Standards and Disciplinary Matters; Professional Standards

(JLCAR Deadline April 12, 2017. Most of the rules expired April 4, 2010, May 19, 2011,
and December 9, 2016.)

 

 

17. 10:45 a.m. REAL ESTATE COMMISSION

 

 

(a) INT 2017-3
Approval with Understanding

Procedural Rules

(JLCAR Deadline April 12, 2017. Former rules expired September 17, 2016.)

 

 

(b) INT 2017-4
Approval with Understanding

Application Form; Brokerage Contract, Advertisements, Agency Code of Ethics, Brokerage Relationship Disclosure

(JLCAR Deadline April 12, 2017. Most of the rules expired October 22, 2016 and
January 1, 2017.)

 

 

18. 10:55 a.m. BOARD OF HEARING CARE PROVIDERS

 

 

FP 2016-133
Conditional Approval

Initial Licensure and Registration; License and Registration Renewals; Ethical Standards

(JLCAR Deadline February 10, 2017.)

 

 

19. 11:00 a.m. BOARD OF EDUCATION TO BE POSTPONED

 

 

FP 2016-86
Postponed to 2/17/17
Regular Meeting

NH Rules for the Education of Children with Disabilities

(JLCAR Deadline February 17, 2017. Amended Final Proposal not yet received.)

 

20. 11:05 a.m. Discussion on Governor's rulemaking moratorium request of January 5, 2017.

 

 

OTHER BUSINESS

21. 11:30 a.m.