JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

OCTOBER 17, 2019 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Jay Kahn

Rep. Carol M. McGuire

Sen. Ruth Ward

Rep. Peter B. Schmidt

Sen. David Watters

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Alan Bershtein (Alt.)

Sen. Shannon Chandley (Alt.)

Rep. Timothy Fontneau (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. David Karrick (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Timothy Lang (Alt.)

Sen. James Gray (Alt.)

Rep. Dianne E. Schuett (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 Revision to Form

EXIR – Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

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

 

 

(a)  FP 2019-123
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

FANF Intentional Program Violations

(JLCAR Deadline November 14, 2019.)

 

 

(b)  FP 2019-125
Approval

INSURANCE DEPARTMENT

Continuing Care Retirement Communities

(JLCAR Deadline October 28, 2019.)

 

 

(c)  FP 2019-126
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Cross-Program Rules

Expediting Review of Applications

(JLCAR Deadline November 14, 2019.)

 

 

(d)  FP 2019-127
Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

Organizational and Procedural Rules

(JLCAR Deadline November 7, 2019.)

 

 

(e)  FP 2019-136
Approval

DEPARTMENT OF LABOR

Definitions & Accident Reporting Requirements for Fatality and Serious Injury

(JLCAR Deadline November 12, 2019.)

 

 

(f)  FP 2019-138
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Agency Action on Petitions for Redetermination or Reconsideration

(JLCAR Deadline November 18, 2019.)

 

 

(g)  FP 2019-150
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Business Tax Technical Corrections

(JLCAR Deadline November 18, 2019.)

 

 

(h)  FP 2019-151
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

First Rollout of Revenue Information Management System (RIMS)

(JLCAR Deadline November 18, 2019.)

 

 

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

 

 

(a)  FP 2019-69
Conditional Approval

PEASE DEVELOPMENT AUTHORITY

Rules Regarding Permitting and Setting Moorings and Anchorages

(JLCAR Deadline November 4, 2019.)

 

 

(b)  FP 2019-133
Conditional Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Continuing Education and Requirement to Screen

(JLCAR Deadline November 7, 2019.)

 

 

(c)  FP 2019-142
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Child-Placing Agency Licensing Requirements

(JLCAR Deadline November 18, 2019.  Interim rules will expire October 29, 2019.)

 

 

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 are whether there are agency responses 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 August 15, 2019:

 

 

FP 2019-96

BOARD OF NURSING

Endorsement

(Response received September 26, 2019 and confirmed September 27, 2019.)

 

 

FP 2019-97

MIDWIFERY COUNCIL

Complaint Procedures, Documentation for Initial Certification, Laceration Repairs

(Response received October 9, 2019 and confirmed October 10, 2019.)

 

 

Conditionally Approved September 20, 2019:

 

 

FP 2019-106

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Home Health Care Providers Licensing

(Response received September 24, 2019 and confirmed September 24, 2019.)

 

 

FP 2019-109

DEPARTMENT OF ENVIRONMENTAL SERVICES

Cross-Program Rules

Cross-Media Electronic Reporting Rule (CROMERR) Compliance

(Response received September 24, 2019 and confirmed September 24, 2019.)

 

 

FP 2019-112

DEPARTMENT OF CORRECTIONS

Resident Orientation

(Response received September 24, 2019 and confirmed September 24, 2019.)

 

 

FP 2019-115

DEPARTMENT OF CORRECTIONS

Definition of “Safety Booth”

(Response received September 24, 2019 and confirmed September 24, 2019.)

 

 

FP 2019-116

DEPARTMENT OF CORRECTIONS

Use of “Safety Booths” in the Special Housing Unit and Secure Psychiatric Unit

(Response received September 24, 2019 and confirmed September 24, 2019.)

 

 

FP 2019-117

DEPARTMENT OF CORRECTIONS

Resident Interaction Prohibited in Secure Psychiatric Unit

(Response received September 24, 2019 and confirmed September 24, 2019.)

 

 

FP 2019-118

DEPARTMENT OF CORRECTIONS

Resident Case Management

(Response received September 24, 2019 and confirmed September 24, 2019.)

 

 

FP 2019-119

DEPARTMENT OF CORRECTIONS

Physical Plant Management

(Response received September 24, 2019 and confirmed September 24, 2019.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    BOARD OF EDUCATION

 

 

(a)  OR 2019-5
Final Objection and Joint Resolution

Learn Everywhere Program for High School Graduation Credit

(JLCAR Deadline October 23, 2019.)

 

 

(b)  Discussion on the following emergency rule:
No Further Action

 

 

ER (Doc. #12895)  School Use Aid

(Effective 10-10-19.  Scheduled to expire 4-7-20.)

 

 

(c)  Discussion on the following emergency rule:
Rulemaking Petition

 

 

ER (Doc. #12896)  Robotics Education Fund

(Effective 10-10-19.  Scheduled to expire 4-7-20.)

 

 

8.   9:40 a.m.    DEPARTMENT OF JUSTICE

 

 

FP 2019-68
Conditional Approval

Victims' Compensation

(JLCAR Deadline November 4, 2019.)

 

 

9.   9:50 a.m.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2019-102
Conditional Approval

Drinking Water Programs

Administrative Procedures for Grants and Loans from the Drinking Water and Groundwater Trust Fund

(JLCAR Deadline November 4, 2019.)

 

 

10. 10:00 a.m.  DEPARTMENT OF SAFETY

 

 

(a)  FP 2019-88
Approval

Commissioner

Various NH Vehicle Registration Rules

(JLCAR Deadline November 18, 2019.)

 

 

(b)  INT 2019-29
Approval with Understanding

Voluntary Certification of Fire Protection Equipment Technicians

(JLCAR Deadline January 1, 2020.  Most of the rules expired November 6, 2018.)

 

 

(c)  Discussion on the following emergency rule:
No Further Action

 

 

ER (Doc. #12894)  Substance Abuse Grant Program Emergency Rule

(Effective 10-3-19.  Scheduled to expire 3-31-20.)

 

 

11. 10:10 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2019-100
Postponed to
Nov. 7, 2019
Continued Meeting

Former Division of Public Health Services

Rules for Residential Treatment and Rehabilitation Facilities

(JLCAR Deadline November 14, 2019.  Former interim rules expired August 19, 2019.)

 

 

(b)  FP 2019-108
Postponed to
Nov. 7, 2019
Continued Meeting

Former Division of Public Health Services

Rules for Ambulatory Surgical Centers

(JLCAR Deadline November 12, 2019.  Former interim rules expired December 24, 2018.)

 

 

(c)  FP 2019-121
Postponed to
Nov. 7, 2019
Continued Meeting

Former Division of Mental Health and Developmental Services

Certification Standards for Behavioral Health Community Residences

(JLCAR Deadline November 18, 2019.  Former interim rules expired September 6, 2019.)

 

 

12. 10:20 a.m.  BOARD OF ACCOUNTANCY

 

 

FP 2019-107
Postponed to
Nov. 7, 2019
Continued Meeting

Application for Initial Certification, Reciprocity, and Return to Active Practice

(JLCAR Deadline October 17, 2019.)
(Formerly Item #8 on 9-20-19 Agenda.)

 

 

13. 10:40 a.m.  BOARD OF PSYCHOLOGISTS

 

 

FP 2019-110
Conditional Approval

Petition for Waiver

(JLCAR Deadline October 24, 2019.)

 

 

14. 10:50 a.m.  BOARD OF MEDICINE

 

 

FP 2019-46 Postponed to
Nov. 7, 2019
Continued Meeting

Licensure Requirements, Renewal Requirements, Ethical Standards, and Physician
Assistant Rules

(JLCAR Deadline November 12, 2019.)

 

 

15. 11:00 a.m.  REAL ESTATE COMMISSION

 

 

FP 2019-67

Postponed to
Nov. 7, 2019
Continued Meeting

Amendments to Organizational Rules, Practice and Procedural Rules, Licensing Requirements, and Continued Status

(JLCAR Deadline November 18, 2019.)

 

 

16. 11:10 a.m.  PHARMACY BOARD

 

 

(a)    OR 2019-33

Postponed to
Nov. 7, 2019
Continued Meeting

Registered and Certified Pharmacy Technician Duties

(JLCAR Deadline December 2, 2019.)

 

 

(b)  FP 2019-72

Postponed to
Nov. 7, 2019
Continued Meeting

Investigations

(JLCAR Deadline November 14, 2019.)

 

 

(c)  FP 2019-74

Postponed to
Nov. 7, 2019
Continued Meeting

Inspections

(JLCAR Deadline November 14, 2019.)

 

 

17. 11:20 a.m.  ELECTRICIANS' BOARD

 

 

FP 2019-94

Postponed to
Nov. 7, 2019
Continued Meeting

Apprentice Qualifications

(JLCAR Deadline November 18, 2019.)

 

 

18. 11:30 a.m.  GOVERNING BOARD OF PHYSICAL THERAPISTS

 

 

FP 2019-99

Postponed to
Nov. 7, 2019
Continued Meeting

Ethical Standards

(JLCAR Deadline November 7, 2019.)

 

 

19. 11:40 a.m.  BOARD OF NURSING

 

 

OR 2019-71

Postponed to
Nov. 7, 2019
Continued Meeting

Alternative Recovery Monitoring Program

(JLCAR Deadline December 19, 2019.)

(Response not yet filed.  Response due by November 4, 2019).

 

 

OTHER BUSINESS

 

20. 11:50 a.m.