JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

JANUARY 21, 2022 - 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. James Gray

Rep. Alan Bershtein

Sen. Suzanne Prentiss

Rep. William A. Hatch

Sen. Ruth Ward

Rep. Timothy P. Lang

Sen. Rebecca Whitley

Rep. Peter B. Schmidt

Sen. Kevin Avard (Alt.)

Rep. Fred Doucette (Alt.)

Sen. Regina Birdsell (Alt.)

Rep. Claire Rouillard (Alt.)

Sen. Sharon Carson (Alt.)

Rep. Terry Roy (Alt.)

Sen. Kevin Cavanaugh (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. Rebecca Perkins Kwoka (Alt.)

Rep. Edith Tucker (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, Seating of Alternates, 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 Revisions to Form

EXIR Expedited Amendment to Incorporation by Reference


CONSENT AGENDA

 

 

 

2. 9:05 a.m. Committee Approval of Final Proposals:

 

 

 

(a)    FP 2021-82

Approved

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Regulated Toxic Air Pollutants

(JLCAR Deadline February 21, 2022.)

 

Rule

 

 

(b)    FP 2021-116

Approved

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Former Division of Public Health Services

Annual Limits on Intake (ALI) and Derived Air Concentrations

(DAC) of Radionuclides for Occuptional Exposure; Effluent

Concentration; Consentrations for Release to Sanitary Sewerage

(JLCAR Deadline February 25, 2022.)

 

Rule

 

 

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

 

 

 

(a)    FP 2021-113

Approved

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Assisted Living Residence-Residential Care Licensing

(JLCAR Deadline February 28, 2022.)

 

Rule Memo CA Request

 

 

(b)    FP 2021-114

Approved

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Development Services

Conditional Discharge

(JLCAR Deadline February 28, 2022)

 

Rule CA Request

 

 

(c)    FP 2021-115

Approved

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Supported Residential Health Care Facility Licensing Rules

(JLCAR Deadline February 28, 2022.)

 

Rule Memo CA Request

 

 

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:

 

 

 

(No items)

 

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated. Also noted is whether there is an agency response 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 November 18, 2021 and December 16, 2021:

 

 

FP 2021-63

NH PHARMACY BOARD

 

Institutional Pharmacy Practice

(Response received January 4, 2022 and confirmed January 4, 2022.)

 

 

FP 2021-64

GOVERNING BOARD OF ATHLETIC TRAINERS

Code of Ethics

(Response received December 16, 2021 and confirmed December 16, 2021.)

 

 

FP 2021-66

BOARD OF CHIROPRACTIC EXAMINERS

Reinstatement of Licenses

(Response received December 16, 2021 and confirmed December 16, 2021.)

 

 

FP 2021-75

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Physical Agent Modalities

(Response received December 20, 2021 and confirmed December 20, 2021.)

 

 

FP 2021-76

BOARD OF MENTAL HEALTH PRACTICE

License Renewal, Continuing Education, Collaboration,

and Reinstatement

(Response received December 17, 2021 and confirmed December 17, 2021.)

 

 

FP 2021-87

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Requirements for Alteration of Terrain Permits and

Consultation with NH Fish and Game Department

(Response received December 20, 2021 and confirmed December 20, 2021)

 

 

REGULAR AGENDA

 

 

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

 

 

7. 9:20 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

FP 2021-55

Conditional

Approval

Division of Elderly and Adult Services

Choices for Independance Program

(JLCAR Deadline January 10, 2022. Waived to January 21, 2022.)

(Formerly Item #12(a) in the December 16, 2021 Agenda.)

 

Rule Memo CA Request Amd CA Request Attachments

 

 

8. 9:25 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2021-104

Objection

Transfer of Animals and Birds

(JLCAR Deadline February 25, 2022.)

 

Rule Memo

 

 

9. 9:30 a.m. DEPARTMENT OF SAFETY, COMMISSIONER

 

 

(a)    INT 2021-12

Approved

Body-Worn and Dashboard Camera Grant Fund

(JLCAR Deadline April 6, 2022.)

 

Rule Memo

 

 


 

(b) Discussion on the following Emergency Rule:

 

 

ER Document

#13322

No further Action

Emergency Enhanced Technology Ignition Interlock Device

Implementation Rules

 

(Effective December 30, 2021. Scheduled to expire June 28, 2022.)

 

Rule Memo Attachments

 

 

10. 9:35 a.m OFFICE OF PROFESSIONAL LICENSE AND CERTIFICATION

 

 

(a) FP 2021-105

Approved

Purpose; Applicability; Definitions; Generally Applicable Fees

(JLCAR Deadline February 21, 2022.)

 

Rule Memo Attachments

 

 

(b) FP 2021-109

Approved

Microblading Certification

(JLCAR Deadline February 7, 2022.)

 

Rule Memo Attachments

 

 

 

 

(c) INT 2021-11

Approved

Application Fees and Microblading Certificates

(JLCAR Deadline March 3, 2022.)

 

Rule Memo

 

 

(d) Discussion on the following Emergency Rule:

 

 

ER Document

#13319

No further Action

Expedited Issuance Temporary Licences; Conversion of Emergency Licenses

to Temporary Licenses

(Effective December 23, 2021. Scheduled to expire June 21, 2022.)

 

Rule Memo Attachments

 

 

11. 9:45 a.m. BOARD OF ARCHITECTS

 

 

FP 2021-107

Preliminary Objection

Licensure Requirements and Continued Status

(JLCAR Deadline February 14, 2022.)

 

Rule Memo

 

 

12. 9:55 a.m. N.H. BOARD OF PHARMACY

 

 

(a) OR 2021-67

Approved

Pharmacist Initiation and Dispensing of Hormonal Contraceptives

(JLCAR Deadline December 27, 2021. Waived to February 22, 2022.)

 

Objection Response Forms

 

 

(b)    Discussion on the following Emergency Rule:

 

 

ER Document

#13324

No further Action

Drug Control In Ambulatory Patient Treatment Areas

(Effective January 5, 2022. Scheduled to expire July 4, 2022.)

 

Rule Memo

 

 

13. 10:10 a.m. BOARD OF EDUCATION

 

 

FP 2021-102

Postponed

Education Freedom Accounts

(JLCAR Deadline February 14, 2022.)

 

Rule Memo CA Request Attachments Public Testimony

 

 

OTHER BUSINESS

 

14. 10:30 a.m. Discussion on Electronic Filing. Memo