JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

DECEMBER 18, 2008 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

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

William P. Denley

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Laurie J. Boyce (Alt.)

Matthew S. Houde (Alt.)

Kathleen N. Taylor (Alt.)

Betsi DeVries (Alt.)

Kimberley S. Casey (Alt.)

Michael Downing (Alt.)

(Alt.)

Sharon M. Carson (Alt.)

(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

11. 10:15 am INT 2008-42 Mid

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

12. 10:30 am FP 2008-160 Res

3. 9:15 am Review Minutes & Meeting Schedule

13. 10:45 am FP 2008-194 Env-Wq

 

14. 12:30 pm INT's 2008-41 & 43 Puc

Consent Agenda

15. 12:45 pm FP 2008-193 Frl

4. 9:20 am Final Proposals

16. 1:00 pm LUNCH BREAK

5. 9:23 am Objection Responses

17. 2:00 pm FP 2008-186 Nur

6. 9:24 am Preliminary Objections

18. 2:15 pm FP's 2008-189 191 Env-Hw

 

19. 3:00 pm FP's 2008-124 & 174 Ins

Regular Agenda

20. 3:30 pm FP 2008-163 Vet

7. 9:25 am Postpone Items

 

8. 9:30 am FP's 2008-171 & 172 He-C and

Other Business

FP 2008-188 He-P

21. 4:00 pm Other

9. 9:45 am FP 2008-113 Spe

 

10. 10:00 am FP 2008-151 Alc

 

 

 

 

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 Set Meeting Schedule.

 

CONSENT AGENDA

 

4. Committee Approval of Final Proposals:

 

 

(a) FP 2008-111

Approval

BOARD OF CHIROPRACTIC EXAMINERS

Definitions; Information Required by the Application Form

(JLCAR Deadline December 29, 2008.)

 

 

(b) FP 2008-112

Approval

BOARD OF CHIROPRACTIC EXAMINERS

Definitions; Renewal Application Form; Obligation to Keep Board Records Current; Obligation to Maintain Patient Records

(JLCAR Deadline December 29, 2008.)

 

 

(c) FP 2008-162

Approval

BOARD OF VETERINARY MEDICINE

Organizational Rules

(JLCAR Deadline January 19, 2009.)

 

 

(d) FP 2008-175

Approval

PHARMACY BOARD

Collaborative Pharmacy Practice

(JLCAR Deadline January 19, 2009.)

 

 

5. Committee Acceptance of Agency Responses to Objections:

 

 

(No items)

 

 

 

6. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(a) FP 2008-181

Objection

BOARD OF MEDICINE

Fees Established by the Board and Standards of Conduct for Physicians Licensed in

New Hampshire

(JLCAR Deadline December 29, 2008.)

 

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 November 6, 2008:

 

FP 2008-131

POSTSECONDARY EDUCATION COMMISSION

Rules Governing the Evaluation of Institutions of Higher Learning

(Response not received yet.)

 

 

FP 2008-119

BOARD OF HEARING CARE PROVIDERS

Organizational Rules

(Response received 12-2-08 and confirmed 12-2-08.)

 

 

FP 2008-120

BOARD OF HEARING CARE PROVIDERS

Practice and Procedure - Non-Expiring Provisions

(Response received 12-2-08 and confirmed 12-2-08.)

 

 

FP 2008-121

BOARD OF HEARING CARE PROVIDERS

Various 8-Year Practice and Procedural Rules; License Applications and Fees; License Renewal and Fees; and Ethical Standards

(Response received 12-2-08 and confirmed 12-2-08.)

 

Conditionally Approved November 20, 2008:

 

 

FP 2008-88

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Alteration of Terrain

(Response received 11-25-08 and confirmed 11-25-08.)

 

 

FP 2008-177

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights of Persons Using Emergency Shelters

(Response received 11-20-08 and confirmed 11-21-08.)

 

 

REGULAR AGENDA

 

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

 

 

8. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2008-171

Approval

Commissioner

Certification for Payment Standards for Interpreter Service Providers

(JLCAR Deadline December 22, 2008. Former rules expired September 20, 2008.

(Formerly Item #11(b) on 11-20-08 agenda.)

 

 

(b) FP 2008-172

Conditional Approval

Commissioner

Certification Payment Standards for Transportation Service Providers

(JLCAR Deadline December 22, 2008. Former rules expired September 20, 2008.)

(Formerly Item #11(c) on 11-20-08 agenda.)

 

 

(c) FP 2008-188

Approval

Former Division of Public Health Services

Indoor Smoking Rules

(JLCAR Deadline January 19, 2009.)

 

 

9. FP 2008-113

Conditional Approval

BOARD OF SPEECH LANGUAGE PATHOLOGY

Continued Status

(No JLCAR Deadline. It has been waived.)

(Formerly Item #12 on 11-20-08 agenda.)

 

 

10. FP 2008-151

Approval

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG ABUSE PROFESSIONALS

Peer Collaboration

(No JLCAR Deadline. It has been waived. Existing emergency rule will expire

December 28, 2008.)

(Formerly Item #13 on 11-20-08 agenda.)

 

 

11. INT 2008-42

Approval

MIDWIFERY COUNCIL

Eligibility and Application Procedures for Initial Certification; Fee Table

(JLCAR Deadline February 24, 2009. Existing rules will expire January 3, 2009.)

 

 

12. FP 2008-160

Approval

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Grant-In-Aid Program

(JLCAR Deadline December 22, 2008. Existing interim rules will expire December 24, 2008.)

 

 

13. FP 2008-194

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Shoreland Protection Amendments

(JLCAR Deadline January 19, 2009. Existing interim rules will expire December 28, 2008.)

 

 

14. PUBLIC UTILITIES COMMISSION

 

 

(a) INT 2008-41

Approval with Understanding

Greenhouse Gas Emissions Reduction Fund

(JLCAR Deadline February 12, 2009. Implements HB 1434 (Chapter 182:2 and 182:5), effective June 11, 2008.)

 

 

(b) INT 2008-43

Approval with Understanding

Net Metering for Customer-Owned Renewable Energy Generation Resources

at 25 Kilowatts or Less

(JLCAR Deadline March 5, 2009. Existing rules will expire January 12, 2009.)

 

 

15. FP 2008-193

Conditional Approval

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Fee Schedule and Continuing Education Requirements

(JLCAR Deadline January 19, 2009. Most of the rules expired May 24, 2005 and
January 1, 2007.)

 

 

16. LUNCH BREAK

 

 

17. FP 2008-186

Postponed to 1/9/09 Continued Meeting

BOARD OF NURSING

Various Provisions Related to: Qualifications, Examinations, Renewals, On-going Requirements, Nursing and Nursing Assistant Education Programs, Nursing Education Program Fees, and LNA Medication Administration Certification

(JLCAR Deadline January 15, 2009.)

 

 

18. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2008-189

Postponed to 1/9/09 Continued Meeting

Hazardous Waste Programs

Hazardous Waste Organization and Definitions

(JLCAR Deadline January 19, 2009.)

 

 

(b) FP 2008-190

Postponed to 1/9/09 Continued Meeting

Hazardous Waste Programs

Hazardous Waste Procedural Rules

(JLCAR Deadline January 19, 2009. Existing interim rules will expire January 28, 2009.)

 

 

(c) FP 2008-191

Postponed to 1/9/09 Continued Meeting

Hazardous Waste Programs

Hazardous Waste Permits

(JLCAR Deadline January 19, 2009. Existing interim rules will expire January 28, 2009.)

 

 

19. INSURANCE DEPARTMENT

 

 

(a) FP 2008-124

Postponed to 1/9/09 Continued Meeting

Suitability in Annuity Transactions

(JLCAR Deadline January 19, 2009.)

 

 

(b) FP 2008-174

Postponed to 1/9/09 Continued Meeting

Medical Malpractice Liability Insurance

(JLCAR Deadline January 19, 2009. Former rules expired December 1, 2008.)

 

 

20. FP 2008-163

Postponed to 1/9/09 Continued Meeting

BOARD OF VETERINARY MEDICINE

Administrative Rules Vet 200-700

(JLCAR Deadline January 19, 2009. Existing rules will expire December 21, 2008.)

 

 

OTHER BUSINESS

 

21. Other