JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

OCTOBER 19, 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. John Graham

Sen. Dan Feltes

Rep. William A. Hatch

Sen. Harold French

Rep. Rick M. Ladd

Sen. Jay Kahn

Rep. Peter B. Schmidt

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


 

CONSENT AGENDA

 

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

 

 

 

(a)  FP 2017-51
Approval

BOARD OF EDUCATION

English Language Arts Teacher

(JLCAR Deadline November 6, 2017.)

 

 

 

 

(b)  FP 2017-61
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs
Amendments to Solid Waste Permitting Rules

(JLCAR Deadline November 6, 2017.)

 

 

 

 

(c)  FP 2017-62
Postponed to
Continued Meeting

BOARD OF NURSING

Licensees with the Authority to Delegate Nursing Related Activities; Eligibility to be a Delegatee

(JLCAR Deadline November 20, 2017.)

 

 

 

 

(d)  FP 2017-65
Approval

BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

Record of Official Actions; Custodian of Records; Media Access

(JLCAR Deadline November 20, 2017.  Most of the former rules expired on July 1, 2009
and July 1, 2016.)

 

 

 

 

(e)  FP 2017-85
Approval

INSURANCE DEPARTMENT

Confidentiality of HIV Tests, Informed Consent

(JLCAR Deadline October 26, 2017.) 

 

 

 

 

(f)  FP 2017-98
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Clinical Records

(JLCAR Deadline November 13, 2017.)

 

 

 

 

(g)  FP 2017-101
Approval

LIQUOR COMMISSION

Cost Changes by Vendor/Manufacturer

(JLCAR Deadline November 17, 2017.)

 

 

 

 

(h)  FP 2017-115
Approval

BOARD OF AUCTIONEERS

Public Information, Record Retention

(JLCAR Deadline November 17, 2017.)

 

 

 

 

(i)  INT 2017-22
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

In-State Beverage Fees

(JLCAR Deadline January 3, 2018.  Existing rules will expire November 5, 2017.)

 

 

 

 

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

 

 

 

 

(a)  FP 2017-102
Conditional
Approval

BOARD OF CHIROPRACTIC EXAMINERS

Licensing Requirements; Continued Status

(JLCAR Deadline November 20, 2017.  Most of the former rules expired August 20, 2017
as interim rules.)

 

 

 

 

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 17, 2017:

 

 

 

 

FP 2017-43

DEPARTMENT OF SAFETY

Mechanical Licensing Board

Mechanical Licensing Board Professional Standards

(Response received September 20, 2017 and confirmed September 20, 2017.)

 

 

 

 

FP 2017-72

CURRENT USE BOARD

Assessment Ranges for Forest Land Categories, With and Without Stewardship, Unproductive Land and Wetland Categories

(Withdrawal received October 5, 2017.)

 

 

 

 

Conditionally Approved September 21, 2017:

 

 

 

 

FP 2017-53

BOARD OF EDUCATION
School Nurse Certification

(Response received October 13, 2017 and confirmed October 16, 2017.)

 

 

 

 

FP 2017-83

BOARD OF EDUCATION
Computer Science Educator

(Response received October 13, 2017 and confirmed October 13, 2017.)

 

 

 

 

FP 2017-42

DEPARTMENT OF TRANSPORTATION
Prequalification of Contractors

(Response received September 22, 2017 and confirmed September 25, 2017.)

 

 

 

 

INT 2017-17

BOARD OF SEPTIC SYSTEM EVALUATORS
Certification Requirements for Applicants Applying for a License Pursuant to
RSA 310-A:210, II-IV

(Response received September 27, 2017 and confirmed September 27, 2017.)

 

 

 

 

REGULAR AGENDA

 

 

 

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

 

 

 

7.   9:20 a.m.    LOTTERY COMMISSION

 

 

 

 

FP 2017-107
Conditional Approval with Recommendation

Keno

(JLCAR Deadline November 20, 2017.)

 

 

 

 

8.   9:25 a.m.    BOARD OF AUCTIONEERS

 

 

 

 

FP 2017-116
Preliminary Objection

Hearing Procedures; Decisions

(JLCAR Deadline November 17, 2017.)

 

 

 

 

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

 

 

 

(a)  FP 2017-48
Preliminary Objection

Commissioner

Safe Boater Education Rules

(JLCAR Deadline November 6, 2017.)

 

 

 

 

(b)  FP 2017-86
Postponed to Continued Meeting

Commissioner

Readoption of Electronic Toll Collection Hearings

(JLCAR Deadline November 20, 2017.)

 

 

 

 

(c)  FP 2017-87
Postponed to Continued Meeting

Commissioner

New Hampshire Fire Standards and Training and EMS Administrative Fee Rules

(JLCAR Deadline November 20, 2017.)

 

 

 

 

10. 9:45 a.m.    BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

 

 

 

 

FP 2017-66
Approval

Fees; Renewal of Registration

(JLCAR Deadline November 20, 2017.)

 

 

 

 

11. 9:50 a.m.    BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

 

 

 

 

FP 2017-73
Approval

Licensure Application; Schools and Shops Square Footage; School Operational Requirements; and Examinations

(JLCAR Deadline November 20, 2017.  Former interim rules expired July 13, 2017.)

 

 

 

 

12. 10:00 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

 

 

(a)  FP 2017-39
Preliminary Objection

Commissioner
New Hampshire Child Care Program Licensing Rules

(JLCAR Deadline October 19, 2017.  Existing emergency rule will expire November 13, 2017.)

(Formerly Item #12(a) on 8-17-17 agenda and Item #7(a) on 9-21-17 agenda.)

 

 

 

 

(b)  FP 2017-105
Approval with Recommendation

Former Division of Human Services

Medicaid Physician Services - Non-Covered Services

(JLCAR Deadline November 20, 2017.)

 

 

 

 

(c) FP 2017-103
Conditional

Additional

Former Division of Public Health Services

Assisted Living Residence - Residential Care Licensing

(JLCAR Deadline November 20, 2017.  Most of the former rules expired May 18, 2017 as interim rules.)

 

 

 

 

(d)  INT 2017-23
Approval

Former Division of Mental Health and Developmental Services

Admissions to Glencliff Home

(JLCAR Deadline January 10, 2018.  Former rules expired July 3, 2017 and October 16, 2017.)

 

 

 

 

(e)  INT 2017-24
Approval

Former Division Public Health Services

Rules for Hospitals

(JLCAR Deadline January 10, 2018.  Most of the existing rules will expire October 25, 2017.)

 

 

 

 

(f)  INT 2017-25

Approval with Understanding

Former Division of Mental Health and Developmental Services

Committee for the Protection of Human Subjects

(JLCAR Deadline January 10, 2018.  Existing rules will expire November 14, 2017.)

 

 

 

 

OTHER BUSINESS

13. 11:00 a.m.