JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

DECEMBER 16, 2021 - 9:00 a.m.

ROOMS 206/208 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice-Chair

Sen. James Gray

Rep. Alan Bershtein

Sen. Suzanne Prentiss

Rep. William A. Hatch

Sen. Ruth Ward

Rep. Timothy P. Lang

Sen. Rebecca Whitley

Rep. Peter B. Schmidt

Sen. Kevin Avard (Alt.)

Rep. Fred Doucette (Alt.)

Sen. Regina Birdsell (Alt.)

Rep. Claire Rouillard (Alt.)

Sen. Sharon Carson (Alt.)

Rep. Terry Roy (Alt.)

Sen. Kevin Cavanaugh (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. Rebecca Perkins Kwoka (Alt.)

Rep. Edith Tucker (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 Revisions to Form

EXIR Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

 

 

2. 9:05 a.m. Committee Approval of Final Proposals:

 

 

 

(a) FP 2021-58

Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Standards in a Situation Involving Domestic Violence or Abuse

(JLCAR Deadline January 3, 2022.)

 

 

(b) FP 2021-95

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Determining Financial Eligibility

(JLCAR Deadline January 10, 2022)

 

 

(c) FP 2021-97

Approval

DEPARTMENT OF SAFETY

Commissioner

Tuition Discounts for Firefighter Certification Courses I and II

(JLCAR Deadline January 10, 2022.)

 

 

(d) FP 2021-99

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Registration of Legally Existing Docking Structures in

Non-Tidal Waters

(JLCAR Deadline January 28, 2022.)

 

 

(e) FP 2021-100

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Determination of the Grant

(JLCAR Deadline January 14, 2022)

 

 

(f) FP 2021-101

Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Definitions of Employer Requirements

(JLCAR Deadline January 18, 2022)

 

 

(g) FP 2021-108

Approval

INSURANCE DEPARTMENT

Residency Requirements for the Automobile Insurance

In the Voluntary Market and the New Hampshire

Automobile Reinsurance Facility

(JLCAR Deadline January 24, 2022.)

 

 

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 is whether there is an agency response 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 November 18, 2021:

 

 

FP 2021-63

NH PHARMACY BOARD

 

Institutional Pharmacy Practice

(Response not yet received.)

 

 

FP 2021-64

GOVERNING BOARD OF ATHLETIC TRAINERS

Code of Ethics

(Response not yet received.)

 

 

FP 2021-66

BOARD OF CHIROPRACTIC EXAMINERS

Reinstatement of Licenses

(Response not yet received.)

 

 

FP 2021-76

BOARD OF MENTAL HEALTH PRACTICE

License Renewal, Continuing Education, Collaboration,

and Reinstatement

(Response not yet received.)

 

 

FP 2021-78

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Organizational Rules

(Response received November 18, 2021 and confirmed November 18, 2021.)

 

 

FP 2021-79

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Temporary Licensure of Health Care and Other Professionals

(Response received November 18, 2021 and confirmed November 19, 2021)

 

 

FP 2021-96

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Designation of Receiving Facilities

(Response received November 23, 2021 and confirmed November 24, 2021).

 

 

REGULAR AGENDA

 

 

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

 

 

7. 9:20 a.m. LOTTERY COMMISSION

 

 

OR 2021-84

Accepted/Approved

Historic Horse Racing

(JLCAR Deadline February 22, 2022.)

 

 

8. 9:30 a.m. N. H. PHARMACY BOARD

 

 

FP 2021-67

Preliminary
Objection

Pharmacist Initiation and Dispensing of Hormonal Contraceptives

(JLCAR Deadline December 27, 2021.)

(Formerly Item #14 in the November 18, 2021 Agenda.)

 

 

9. 9:35 a.m. GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

 

 

FP 2021-75

Conditional Approval

Physical Agent Modalities

(JLCAR Deadline December 27, 2021.)

(Formerly Item #13 in the November 18, 2021 Agenda.)

 

 

10. 9:40 a.m. OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

 

 

FP 2021-106

Approval with

Recommendation

Per Diem Compensation; Reimbursable Expenses

(JLCAR Deadline January 28, 2022.)

 

 

11. 9:45 a.m BOARD OF NURSING

 

 

Discussion on the following emergency rules:

 

 

(a) ER Document #13300

No Further Action

Licensed Nursing Assistant

(Effective December 3, 2021. Scheduled to expire June 1, 2022.)

 

 

(b) ER Document #13301

No Further Action

Restricted Licensure Pending Criminal Records Check

(Effective December 3, 2021. Scheduled to expire June 1, 2022.)

 

 

12. 9:50 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2021-55

Postponed to 1/21/22

Regular Meeting

Division of Elderly and Adult Services

Choices for Independence Program

(JLCAR Deadline January 10, 2022.)

 

 

(b) Discussion on the following emergency rule:

 

 

ER Document #13304

No Further Action

Former Division of Public Health Services

Temporary Acute Care Centers Located Within a Hospital

(Effective December 10, 2021. Scheduled to expire June 8, 2022.)

 

 

13. 10:00 a.m. FISH AND GAME DEPARTMENT

 

 

FP 2021-88

Approved

Conservation of Threatened and Endangered Species

(JLCAR Deadline January 28, 2022.)

 

 

14. 10:15 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2021-87

Conditional Approval

Water Quality and Quantity Programs

Requirements for Alteration of Terrain Permits and

Consultation with NH Fish and Game Department

(JLCAR Deadline January 28, 2022.)

 

 

OTHER BUSINESS

 

15. 10:30 a.m. Discussion on tentative 2022 JLCAR meeting schedule.