JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

OCTOBER 21, 2010 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING *

 

*Room 305 is available as a work room for agencies.

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Sharon M. Carson

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Kathleen N. Taylor (Alt.)

Matthew S. Houde (Alt.)

Kimberley S. Casey (Alt.)

Betsi DeVries (Alt.)

Tara A. Sad (Alt.)

Michael Downing (Alt.)

David H. Kidder (Alt.)

Peter E. Bragdon (Alt.)

 

 

 

The times and order specified for the agenda and 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 am Convene and Review Minutes

8. 11:00 am FP 2010-46 Saf-C

 

9. 11:45 am FP 2010-69 Pos

Consent Agenda

10. 12:30 pm Disc. on Register dates & Manual

2. 9:05 am Final Proposals

11. 1:00 pm LUNCH BREAK

3. 9:10 am Objection Responses

12. 2:00 pm ROR's 2008-165 & 166 Mhp To be

4. 9:12 am Preliminary Objections

postponed

 

13. 4:00 pm OR from 9-24-10 Meeting

Regular Agenda

 

5. 9:13 am Postpone Items

Other Business

6. 9:15 am FP's 2010-60 & 66 Ins

14. 4:30 pm Other

7. 10:15 am FP 2010-73 Pod

 

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

 

1. Convene and Review Minutes

 

JLCAR Deadlines Noted Below:

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.

 

 

CONSENT AGENDA

 

2. Committee Approval of Final Proposals:

 

 

(a) FP 2010-51
Approval

OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Organizational Rules

(JLCAR Deadline November 12, 2010.)

 

 

(b) FP 2010-52

Approval

OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Procedural Rules

(JLCAR Deadline November 12, 2010.)

 

 

(c) FP 2010-57

Approval

BOARD OF EDUCATION

Endorsement Educator Technology Integrator

(JLCAR Deadline October 28, 2010

See * below

 

 

(d) FP 2010-78

Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Cardiac Catheterization Data Reporting

(JLCAR Deadline November 4, 2010.)

 

 

(e) FP 2010-80

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Testing and Monitoring Procedures

(JLCAR Deadline November 22, 2010.)

 

 

(f) FP 2010-82

Approval

PEASE DEVELOPMENT AUTHORITY

Division of Ports and Harbors

Harbor Masters

(JLCAR Deadline November 18, 2010.)

 

 

(g) FP 2010-94

Approval

FISH AND GAME DEPARTMENT

NH/VT Reciprocity for Snowmobile Trails for a Weekend

(JLCAR Deadline November 22, 2010.)

 

 

(h) FP 2010-95

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Pharmaceutical Services

(JLCAR Deadline November 22, 2010.)

 

 

(i) FP 2010-96

Approval

FISH AND GAME DEPARTMENT

Marine Rules Relative to Groundfish, Clams and Other Mollusks

(JLCAR Deadline November 22, 2010.)

 

 

*The only issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

4. 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 15, 2010:

 

 

FP 2010-24

BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

Explanation After Adoption of Rules, License Appplication Procedures, Discliplinary

Matters Including Fines, Continuing Education Standards, and Ethical Standards

(Response not received yet.)

 

 

Conditionally Approved September 16, 2010:

 

 

INT 2010-12

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Certification Standards for Behavioral Health Community Residences

(Response received 9-21-10 and confirmed 9-21-10.)

 

 

INT 2010-14

FISH AND GAME DEPARTMENT

Commercial Fisherman Sustainability

(Response received 9-22-10 and confirmed 9-22-10.)

 

 

FP 2010-37

BOARD OF EDUCATION

Definitions and Parental Consent

(Response received 10-14-10 and confirmed 10-15-10.)

 

 

REGULAR AGENDA

 

5. Consider postponing action on certain items to another meeting.

 

 

6. INSURANCE DEPARTMENT

 

 

(a) FP 2010-60

Conditional Approval

Parity in Mental Health and Substance Use Disorder Benefits

(JLCAR Deadline October 25, 2010.)

 

 

(b) FP 2010-66

Approval with Recommendation

Uniform Reporting System for Uninsured Patient Encounter Data

(JLCAR Deadline October 25, 2010.)

 

 

7. FP 2010-73
Conditional Approval

BOARD OF PODIATRY

Application and Examination Requirements for Podiatrists Applying for Licensure,

Fees, Procedures for Renewal of Licenses and Procedures for Licensees and Applicants

Changing their Home or Business Addresses

(JLCAR Deadline October 29, 2010.)

 

 

8. FP 2010-46
Conditional Approval

DEPARTMENT OF SAFETY

Voluntary Certification of Fire Protection Equipment Technicians Rules

(JLCAR Deadline November 22, 2010.)

 

 

9. FP 2010-69
Conditional Approval

POSTSECONDARY EDUCATION COMMISSION

Rules Governing the Evaluation of Institutions of Higher Learning

(JLCAR Deadline November 22, 2010.)

 

 

10. Discussion on Rulemaking Register filing deadlines and publication date in the Manual.

No Further Action

 

 

11. LUNCH BREAK

 

 

12. BOARD OF MENTAL HEALTH PRACTICE To be postponed

 

 

(a) ROR 2008-165

Postponed to 11-4-10 Continued Meeting

Practice and Procedure Rules

(JLCAR Deadline November 23, 2010.)

(Formerly Item #16 on 10-7-10 agenda.)

 

 

(b) ROR 2008-166

Postponed to 11-4-10 Continued Meeting

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations,

Disciplinary Sanctions, Continuing Education Requirements for Licensees

(JLCAR Deadline January 12, 2011.)

 

 

13. Response to Preliminary Objection Made in September 24, 2010 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2010-67
Postponed to 11-4-10 Continued Meeting

INSURANCE DEPARTMENT

New Hampshire Medical Malpractice Joint Underwriting Plan

(JLCAR Deadline December 28, 2010.)

 

 

OTHER BUSINESS

 

14. Other