JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 16, 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

Tom De Blois

Andrew J. Manuse

Fenton Groen

Carol M. McGuire

Molly Kelly

Betsey L. Patten

Gary Lambert

Maurice L. Pilotte

Amanda Merrill

Peter B. Schmidt

Sharon Carson (Alt.)

David H. Kidder (Alt.)

Lou D'Allesandro (Alt.)

Tara A. Sad (Alt.)

James Forsythe (Alt.)

Kathleen N. Taylor (Alt.)

Sylvia Larsen (Alt.)

Stella Tremblay (Alt.)

Nancy Stiles (Alt.)

Steven J. Winter (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

  9.  11:00 am      INT 2010-18 Env-A

2.    9:05 am      Elect Chairperson & Vice-Chairperson

10.  11:15 am      ROR 2008-166 Mhp

3.    9:15 am      Review Minutes & Proposed Meeting

11.  12:15 pm      FP's 2010-99 & 115 Rev

                        Schedule for 2011

12.    1:00 pm      FP 2010-92 Ath

 

13.    1:15 pm      LUNCH BREAK

Consent Agenda

14.    2:15 pm      FP's 2010-102, 133, &107 He-P,

4.    9:20 am      Final Proposals & Proposed Interim Rule

                          2010-120 He-W, 2010-130 He-E,

5.    9:25 am      Objection Responses

                          & 2010-132 He-M

6.    9:27 am      Preliminary Objections

15.    4:15 pm      FP 2010-93 Pda

 

16.    4:30 pm      Discussion on Manual

Regular Agenda

 

7.    9:28 am      Postpone Items

Other Business

8.    9:30 am      FP 2010-70 Med

17.    5:30 pm      Other

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


 1.  Convene

 

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.

 

 2.  Elect Chairperson and Vice-Chairperson

 

 3.  Review Minutes and Proposed Meeting Schedule for 2011

 

CONSENT AGENDA

 

4.   Committee Approval of Final Proposals and Proposed Interim Rule:

 

 

(a)  FP 2010-111

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Greenhouse Gas (GHG) Definitions

(JLCAR Deadline January 18, 2011.)

 

 

(b)  FP 2010-112

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Greenhouse Gas (GHG) Rule

(JLCAR Deadline January 18, 2011.)

 

 

(c)  FP 2010-113

Postponed to 1/7/11 Continued Meeting

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Mitigation of Regional Haze

(JLCAR Deadline January 18, 2011.)

 

 

(d)  FP 2010-114

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Underground Injection Control Requirements

(JLCAR Deadline December 27, 2010)

 

 

(e)  FP 2010-117

Approval

FISH AND GAME DEPARTMENT

Fish and Game Guide Licenses

(JLCAR Deadline January 18, 2011.)

 

 

(f)  FP 2010-118

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Assisted Living Residence, Residential Care Licensing, Scope

(JLCAR Deadline January 18, 2011.)

 

 

(g) FP 2010-119

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medical Coverage Criteria Website Address Updates to Various Medicaid Service Rules

(JLCAR Deadline January 18, 2011.)

 

 

(h)  FP 2010-121

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Unwed Minor Parent Requirements, Qualified Pregnant Women and 60-Day Extended MA, and FANF Medical Assistance Only Cases

(JLCAR Deadline January 18, 2011.)

 

 

(i)  INT 2010-17

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elderly and Adult Services

Alzheimer's Respite Care Service

(JLCAR Deadline February 10, 2011.  Former regular rules expired December 4, 2010.)

 

 

5.   Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

6.   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 October 21, 2010:

 

 

FP 2010-73

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

(Response received 12-10-10 and confirmed 12-10-10.)

 

 

Conditionally Approved November 18, 2010:

 

 

INT 2010-15

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Payments to Non-Public Disproportionate Share Hospitals/Uncompensated Care Fund Reporting

(Response received 11-18-10 and confirmed 11-18-10.)

 

 

FP 2010-101

DEPARTMENT OF REVENUE ADMINISTRATION

Procedural Rules; General Information and Definitions; Specific Rules of Practice and Procedure

(Response received 11-22-10 and confirmed 11-22-10.)

 

 

REGULAR AGENDA

 

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

 

 

8.   FP 2010-70

Preliminary Objection

BOARD OF MEDICINE

Definitions and Access to Public Records, Practice and Procedures, Fees, Licensure Requirements, Renewal, Continuing Medical Education and Ongoing Requirements, and Ethical Standards for Physicians, Supervision of Physician Assistants, Initial and Renewal Procedures and Fees for Physician Assistants

(JLCAR Deadline December 16, 2010.)

(Formerly Item #10 on 11-18-10 agenda.)

 

 

9.   INT 2010-18

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Stationary Sources of Volatile Organic Compounds (VOCs)

(JLCAR Deadline February 22, 2011.  Most of the regular rules will expire December 31, 2010.)

 

 

10. ROR 2008-166

Postponed to 1/7/11 Continued Meeting

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations,

Disciplinary Sanctions, Continuing Education Requirements for Licensees

(JLCAR Deadline January 12, 2011.)

(Formerly Item #8(b) on 11-18-10 agenda.)

 

 

11. DEPARTMENT OF REVENUE ADMINISTRATION

 

 

(a)  FP 2010-99

Approval

Utility Property Tax

(JLCAR Deadline December 16, 2010.)

(Formerly Item #12(a) on 11-18-10 agenda.)

 

 

(b)  FP 2010-115

Approval with Recommendation

Interest and Dividends Tax

(JLCAR Deadline December 20, 2010.)

(Formerly Item #12(b) on 11-18-10 agenda.)

 

 

12. FP 2010-92

Postponed to 1/7/11 Continued Meeting

GOVERNING BOARD OF ATHLETIC TRAINERS

Renewal Application Requirements and Reinstatement Supporting Materials Requirements

(JLCAR Deadline December 17, 2010.)

(Formerly Item #13 on 11-18-10 agenda.)

 

 

13. LUNCH BREAK

 

 

14. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2010-102

Postponed to 1/7/11 Continued Meeting

Former Division of Public Health Services

NH Nursing Home Rules

(JLCAR Deadline December 20, 2010.)

(Formerly Item #14 on 11-18-10 agenda.)

 

 

(b)  FP 2010-133

Postponed to 1/7/11 Continued Meeting

Former Division of Public Health Services

Healthcare Associated Infections - Hospital Reporting

(JLCAR Deadline January 18, 2011.)

 

 

(c)  FP 2010-107

Postponed to 1/7/11 Continued Meeting

Former Division of Public Health Services

Sanitary Production and Distribution of Food

(JLCAR Deadline January 18, 2011.)

 

 

(d)  FP 2010-120

Postponed to 1/7/11 Continued Meeting

Former Division of Human Services

Citizenship/Identity Requirements for All Categories of Financial and Medical Assistance

(JLCAR Deadline January 18, 2011.)

 

 

(e)  FP 2010-130

Postponed to 1/7/11 Continued Meeting

Division of Elderly and Adult Services

Social Service Block Grant (Title XX)

(JLCAR Deadline January 18, 2011.)

 

 

(f)  FP 2010-132

Postponed to 1/7/11 Continued Meeting

Former Division of Mental Health and Developmental Services

Rights Protection Procedures

(JLCAR Deadline January 18, 2011.)

 

 

15. FP 2010-93

Postponed to 1/7/11 Continued Meeting

PEASE DEVELOPMENT AUTHORITY

Port Captains, Pilots, and Pilotage

(JLCAR Deadline January 14, 2011.)

 

 

16. Discussion on approval of the amended Drafting and Procedure Manual on Administrative Rules.

 

 

OTHER BUSINESS

 

17. Other