JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

OCTOBER 20, 2016 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice Chair

Rep. Carol M. McGuire, Chair

Sen. Kevin Avard

Rep. David H. Kidder

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(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 2016-84
Approval

LOTTERY COMMISSION

Instant Lottery Games

(JLCAR Deadline November 7, 2016.)

 

 

(b) FP 2016-119
Approval

MIDWIFERY COUNCIL

Public Requests for Information; Complaints of Misconduct; Settlements;

Explanation of Adopted Rules

(JLCAR Deadline November 21, 2016.)

 

 

(c) FP 2016-128
Approval

LOTTERY COMMISSION

Games of Chance

(JLCAR Deadline November 7, 2016.)

 

 

(d) FP 2016-143
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Deletion of Witnessed Signature Requirement

for Filing Real Estate Transfer Tax Declaration of Consideration Forms

(JLCAR Deadline November 14, 2016.)

 

 

(e) FP 2016-144
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Deletion of Witness Signatures Requirement for Power of Attorney

(JLCAR Deadline November 14, 2016.)

 

 

(f) FP 2016-145
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Property Tax Credits, Exemptions, and Deferrals

(JLCAR Deadline November 21, 2016.)

 

 

(g) FP 2016-146
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Nonattainment New Source Review and Prevention of Significant Deterioration Amendments.

(JLCAR Deadline November 21, 2016.)

 

 

(h) FP 2016-152
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Income Computation for Financial Assistance to Needy Families and the Adult Categories of Financial Assistance and the Adult Financial Assistance Employment Expense Disregard

(JLCAR Deadline November 21, 2016.)

 

 

(i) FP 2016-154
Approval

INSURANCE DEPARTMENT

Mortality Tables For Use in Determining Reserve Liabilities For Annuities

(JLCAR Deadline November 21, 2016.)

 

 

(j) FP 2016-155
Approval

CURRENT USE BOARD

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

(JLCAR Deadline November 21, 2016.)

 

 

(k) FP 2016-158
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid Care Management Pharmacy Exclusion

(JLCAR Deadline November 21, 2016.)

 

 

(l) FP 2016-159
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Rules Related to Resource Limits for the Medical Assistance Program

(JLCAR Deadline November 21, 2016.)

 

 

(m) INT 2016-30
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

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

(JLCAR Deadline January 11, 2017. Rule implements 2016, 330:13 (SB 553), effective June 24, 2016.)

 

 

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

 

 

(a) FP 2016-85
Conditional Approval

LOTTERY COMMISSION

Second Chance Drawings

(JLCAR Deadline November 7, 2016.)

 

 

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

 

OR 2016-127
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Conditional Discharge

(JLCAR Deadline January 10, 2017.)

 

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 July 21, 2016:

 

 

FP 2016-10

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Licensure Requirements; Disciplinary Matters, Continued Status, Ethical Standards and Research Standards

(Response not yet received.)

 

 

Conditionally Approved September 15, 2016:

 

 

FP 2016-64

BOARD OF EDUCATION

Specialist in Assessment of Intellectual Functioning (SAIF)

(Response not yet received.)

 

 

FP 2016-19

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Subdivisions; Individual Sewage Disposal Systems

(Response received September 16, 2016 and confirmed September 16, 2016.)

 

 

FP 2016-39

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Initial Certifications and Licenses

(Response received October 13, 2016 and confirmed October 13, 2016.)

 

 

FP 2016-94

INSURANCE DEPARTMENT

Health Maintenance Organizations

(Response received September 23, 2016 and confirmed September 26, 2016.)

 

 

FP 2016-27

PHARMACY BOARD

Standards of Practice for Manufacturers, Wholesalers and Distributors

(Response received September 27, 2016 and confirmed September 27, 2016.)

 

 

FP 2016-129

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Housing Bridge Subsidy Program

(Response received September 22, 2016 and confirmed September 26, 2016.)

 

 

Conditionally Approved October 6, 2016:

 

 

FP 2016-127

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Conditional Discharge

(Response received October 12, 2016. Converted to preliminary objection pursuant to

RSA 541-A:13,V(a). Objection response filed October 12, 2016 and on the consent agenda for October 20, 2016.)

 

 

FP 2016-91

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Communicable Diseases

(Response not yet received.)

 

 

NOTE:

 

The following Final Proposal was originally listed on the Committee's October 20, 2016 Agenda in the Rulemaking Register on October 13, 2016 but was incorrect and incomplete. It has been correctly and completely filed for the Committee's November 17, 2016 agenda.

 

 

FP 2016-157

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Income Computation for Medical Assistance, Employment Expense Disregard for Medical Assistance, Eligibility for Nursing Facility Care and Home and Community-Based Care

(JLCAR Deadline November 28, 2016.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. BOARD OF PSYCHOLOGISTS

 

 

FP 2016-2
Conditional Approval

Organizational Rules, Practice and Procedure, License and Registration Requirements, Applications and Fees, Continued Status, Ethical Standards, Responsibilities of Psychologists, and Professional Misconduct

(JLCAR Deadline October 20, 2016.)

(Formerly Item #8 on 7-21-16 agenda, Item #7 on 8-18-16 agenda, and Item #9 on

9-15-16 agenda.)

 

 

8. 9:30 a.m. BOARD OF MEDICINE

 

 

FP 2016-118
Approval with Recommendation

Opioid Prescribing

(JLCAR Deadline November 3, 2016.)

 

 

9. 9:35 a.m. BOARD OF PODIATRY

 

 

FP 2016-44
Conditional Approval

Opioid Prescribing

(JLCAR Deadline October 20, 2016.)

(Formerly Item #11 on 9-15-16 and 10-6-16 agendas.)

 

 

10. 9:40 a.m. BOARD OF REGISTRATION IN OPTOMETRY

 

 

FP 2016-45
Conditional Approval

Opioid Prescribing

(JLCAR Deadline October 20, 2016.

(Formerly Item #12 on 9-15-16 and 10-6-16 agendas.)

 

 

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

 

 

FP 2016-131
Conditional Approval

Opioid Prescribing

(JLCAR Deadline October 20, 2016.)

(Formerly Item #13 on 9-15-16 and 10-6-16 agendas.)

 

 

12. 9:50 a.m. BOARD OF DENTAL EXAMINERS

 

 

FP 2016-140
Conditional Approval

Opioid Prescribing

(JLCAR Deadline October 20, 2016.)

(Formerly Item #14 on 9-15-16 and 10-6-16 agendas.)

 

 

13. 9:55 a.m. NATUROPATHIC BOARD OF EXAMINERS

 

 

FP 2016-141
Conditional Approval

Opioid Prescribing

(JLCAR Deadline November 4, 2016.)

 

 

14. 10:00 a.m. BOARD OF VETERINARY MEDICINE TO BE POSTPONED

 

 

FP 2016-142
Postponed to 11/17/16 Regular Meeting

Veterinary Medicine and Opioid Prescribing

(JLCAR Deadline November 14, 2016.)

 

 

15. 10:05 a.m. POLICE STANDARDS AND TRAINING COUNCIL

 

 

FP 2016-72
Conditional Approval

Application and Qualification, Continued Status, Ethical Standards and

Training Approval

(JLCAR Deadline, October 20, 2016.)

(Formerly Item #16 on 9-15-16 and 10-6-16 agendas.)

 

 

16. 10:15 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2016-57
Postponed to 11/17/16 Regular Meeting

Cross-Program Rules

N.H. Environmental Laboratory Accreditation Program

(JLCAR Deadline October 31, 2016.)

 

 

(b) FP 2016-109
Approval

Oil and Remediation Programs

Ambient Groundwater Quality Standards (AGQS) for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS)

(JLCAR Deadline November 7, 2016.)

 

 

17. 10:25 a.m. DEPARTMENT OF LABOR

 

 

FP 2016-96
Approval

Managed Care Programs in Workers' Compensation

(JLCAR Deadline October 24, 2016.)

 

 

18. 10:40 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2016-31
Conditional Approval

Former Division of Human Services

Medicaid General Program Information and Provider Requirements

(JLCAR Deadline January 11, 2017. Rule implements a federal requirement, effective November 1, 2016.)

 

 

(b) INT 2016-32
Approval

Former Division of Human Services

Radiation or MRI Machine Security Screening System Non-medical

(JLCAR Deadline January 11, 2017. Rule implements 2016, 263:4-6 (SB 406), effective July 1, 2016.)

 

 

19. 10:50 a.m. DEPARTMENT OF SAFETY

 

 

(a) INT 2016-29
Approval with Recommendation

Interim Limited Privilege Driver's License Rules

(JLCAR Deadline January 11, 2017. Rule implements 2016, 168 (HB 1305),

effective June 3, 2016.)

 

 

(b) FP 2016-121
Preliminary Objection

Rental Agent Rules

(JLCAR Deadline November 7, 2016.)

 

 

(c) FP 2016-87
Approval

Building Permit System Rules

(JLCAR Deadline November 21, 2016.)

 

 

20. 11:10 a.m. INSURANCE DEPARTMENT

 

 

FP 2016-150
Conditional Approval

Opt-In by Self-Funded Private Employers

(JLCAR Deadline November 21, 2016.)

 

 

21. 11:25 a.m. MIDWIFERY COUNCIL

 

 

FP 2016-120
Conditional Approval

Certification Requirements; Continued Status; Scope of Midwifery Practice

(JLCAR Deadline November 21, 2016.)

 

 

22. 11:30 a.m. GUARDIAN AD LITEM BOARD

 

 

(a) FP 2016-136
Conditional Approval with Petition

Organizational Rules; Procedural Rules

(JLCAR Deadline November 21, 2016.)

 

 

(b) FP 2016-137
Conditional Approval

Certification Requirements; Continued Status; Ethical Standards and

Standards of Practice

(JLCAR Deadline November 21, 2016.)

 

 

OTHER BUSINESS

23. 11:45 a.m.