JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

OCTOBER 18, 2018 - 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. Timothy Lang

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

Rep. Terry M. Wolf

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (Alt.)

Rep. John Sytek (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 2018-80
Approval

 

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water Systems: Purpose and Applicability; Units of Measure; Definitions

(JLCAR Deadline October 29, 2018.)

 

 

(b) FP 2018-81
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Drinking Water Quality Standards for Public Water Systems

(JLCAR Deadline October 29, 2018.)

 

 

(c) FP 2018-82
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water Systems: General Monitoring Requirements, Laboratory Analytical Methods

(JLCAR Deadline October 29, 2018.)

 

 

(d) FP 2018-83
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Public Water Systems: Sampling Schedules

(JLCAR Deadline October 29, 2018.)

 

 

(e) FP 2018-105
Approval

BOARD OF EDUCATION

Digital Learning Specialist

(JLCAR Deadline November 19, 2018.)

 

 

(f) FP 2018-126
Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Physical Therapy Compact

(JLCAR Deadline November 9, 2018.)

 

 

(g) FP 2018-130
Approval

INSURANCE DEPARTMENT

Long-Term Care Insurance Premium Rate Schedule Increases

(JLCAR Deadline November 16, 2018.)

 

 

(h) FP 2018-138
Approval

DEPARTMENT OF SAFETY

Commissioner

Automated License Plate Reader Registration Rules

(JLCAR Deadline October 29, 2018.)

 

 

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

 

 

(No Items.)

 

 

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 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 August 16, 2018

 

 

FP 2018-21

BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

Application Procedures; Continued Status; Ethical Standards

(Response received September 24, 2018 and confirmed September 25, 2018.)

 

 

Conditionally Approved September 20, 2018

 

 

FP 2018-43

HIGHER EDUCATION COMMISSION

Career School Licensing

(Response received October 9, 2018 and confirmed October 9, 2018.)

 

 

FP 2018-48

PHARMACY BOARD

Pharmacy Interns

(Response not yet received.)

 

 

FP 2018-58

PHARMACY BORAD

Pharmacy Technicians

(Response not yet received.)

 

 

FP 2018-59

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Definitions; Record of Board Actions; Nonadjudicative Investigations & Hearings;
Waivers of Substantive Rules; Explanation After Adoption

(Response received October 11, 2018 and confirmed October 12, 2018.)

 

 

FP 2018-60

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Unlicensed Personnel; Eye Procurement; Ethical and Professional Standards; Preparation Room Requirements and Equipment

(Response received October 11, 2018 and confirmed October 12, 2018.)

 

 

FP 2018-62

BOARD OF SEPTIC SYSTEM EVALUATORS

Licensure Requirements; Continued Status; Ethical Standards and Professional Conduct

(Response received October 3, 2018 and confirmed October 4, 2018.)

 

 

FP 2018-87

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Home Health Care Providers Licensing

(Response received September 21, 2018 and confirmed September 25, 2018.)

 

 

FP 2018-88

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Home Hospice Care Providers Licensing

(Response received September 21, 2018 and confirmed September 25, 2018.)

 

 

FP 2018-91

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Municipal Waste Combustion, Including Requirements for Combusting Processed
Wood Residue

(Response received September 21, 2018 and confirmed September 24, 2018.)

 

 

FP 2018-109

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Newborn Screening

(Response received September 25, 2018 and confirmed September 25, 2018.)

 

 

FP 2018-113

BOARD OF FAMILY MEDIATOR CERTIFICATION

Continued Status

(Response received September 25, 2018 and confirmed September 25, 2018.)

 

 

FP 2018-115

BOARD OF FAMILY MEDICATOR CERTIFICATION

Initial Certification of Family Mediator Training Programs

(Response received September 25, 2018 and confirmed September 25, 2018.)

 

 

INT 2018-19

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Milk Producers, Milk Plants, Producer-Distributors, and Distributors

(Response received September 25, 2018 and confirmed September 25, 2018.)

 

 

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

 

(a) FP 2018-108
Conditional Approval

Former Division of Public Health Services

Substance Use Disorder Residential Treatment Facility Licensing

(JLCAR Deadline October 18, 2018.)

(Formerly Item # 7(c) on 9-20-18 Agenda.)

 

 

(b) INT 2018-23
Approval

Former Division of Mental Health and Developmental Services

Certification Standards for Community Residences

(JLCAR Deadline January 9, 2019. Most of the former rules expired October 1, 2018.)

 

 

8. 9:25 a.m. BOARD OF FAMILY MEDIATOR CERTIFICATION

 

 

FP 2018-117
Conditional Approval

Domestic Violence

(JLCAR Deadline October 22, 2018.)

(Formerly Item #15(e) on 9-20-18 agenda.)

 

 

9. 9:30 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2018-84
Approval with Recommendation

Drinking Water Programs

Public Water Systems; Monitoring and Compliance Requirements

(JLCAR Deadline October 29, 2018.)

 

 

(b) FP 2018-85
Preliminary Objection

Drinking Water Programs

Public Water Systems: Recordkeeping and Reporting

(JLCAR Deadline October 29, 2018.)

 

 

(c) FP 2018-134
Approval

Air Related Programs

Permit Fees

(JLCAR Deadline November 19, 2018.)

 

 

10. 9:45 a.m. BOARD OF EDUCATION

 

 

(a) FP 2018-74
Postponed to January 2019 Regular Meeting

Non-public School Approval

(JLCAR Deadline November 1, 2018.)

 

 

(b) OR 2018-35
Approval with Understanding

Certification Standards for Educators on Code of Professional Conduct, Investigations and Disciplinary Proceedings, and Denial of Certification

(JLCAR Deadline November 20, 2018.)

 

 

11. 10:00 a.m. FISH AND GAME DEPARTMENT

 

 

FP 2018-139
Approval

Marine Fishing Rules

(JLCAR Deadline November 8, 2018. Some rules expired July 1, 2018.)

 

 

12. 10:10 a.m. INSURANCE DEPARTMENT

 

 

FP 2018-128
Conditional Approval

Ancillary Health Minimum Standards for Hospital Confinement Fixed Indemnity and Other Fixed Indemnity Coverage

(JLCAR Deadline November 8, 2018. Former rules expired April 17, 2014.)

 

13. 10:20 a.m. DEPARTMENT OF JUSTICE

 

 

(a) INT 2018-21
Approval

Land Sales Full Disclosure Rules

(JLCAR Deadline January 9, 2019 Most of the former rules expired September 11, 2018.)

 

 

(b) INT 2018-22
Approval

Condominium Rules

(JLCAR Deadline January 9, 2019. Most of the former rules expired September 11, 2018.)

 

 

14. 10:30 a.m. PHARMACY BOARD TO BE POSTPONED

 

 

OR 2018-47
Postponed to 11/15/18
Regular Meeting

Fees for Limited Retail Drug Distributors, Mail-Order Pharmacies, Manufacturers, Wholesalers and Distributors, and Outsourcing Facilities

(JLCAR Deadline December 26, 2018.)

 

 

15. 10:40 a.m. UNIVERSITY SYSTEM OF NEW HAMPSHIRE TO BE POSTPONED

 

 

OR 2018-51
Postponed to 11/15/18
Regular Meeting

Financial Policies on Classification of Students for Tuition Purposes

(JLCAR Deadline December 26, 2018.)
(Response due by November 5, 2018 but not yet filed.)

 

 

OTHER BUSINESS

16. 11:00 a.m.