JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

FEBRUARY 18, 2011 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

Amanda Merrill, Vice-Chair

Betsey L. Patten, Chair

Tom De Blois

Carol M. McGuire

Fenton Groen

Andrew J. Manuse

Molly Kelly

Maurice L. Pilotte

Gary Lambert

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 & Review Minutes

8. 9:30 am OR 2010-70 Med

 

9. 12:00 pm FP 2010-153 Saf-C To be postponed.

Consent Agenda

10. 1:00 pm LUNCH BREAK

2. 9:05 am Final Proposals

11. 2:00 pm FP 2010-148 He-M To be postponed.

3. 9:10 am Objection Responses

FP 2010-156 He-P To be postponed.

4. 9:12 am Preliminary Objections

 

 

Other Business

Regular Agenda

12. 4:30 pm Other

5. 9:13 am Postpone Items

 

6. 9:15 am INT 2011-3 He-W

 

7. 9:20 am FP 2010-151 Fis To be postponed.

 

 

 

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 2010-97

Approved

POLICE STANDARDS AND TRAINING COUNCIL

Revocation or Suspension

(JLCAR Deadline March 17, 2011.)

 

 

(b) FP 2010-127

Approved

BOARD OF NATURAL SCIENTISTS

Rules Regarding Record of Board Actions

(JLCAR Deadline March 10, 2011.)

 

 

(c) FP 2010-128

Approved

BOARD OF NATURAL SCIENTISTS

Rules Regarding Explanation After Adoption

(JLCAR Deadline March 10, 2011.)

 

 

(d) FP 2010-129

Approved

BOARD OF NATURAL SCIENTISTS

Rules Regarding Applications and Qualifications for Certification, Fees, Disciplinary Matters, Continuing Education and Ethical Standards

(JLCAR Deadline March 10, 2011.)

 

 

(e) FP 2010-155

Approved

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Family Support Services

(JLCAR Deadline March 21, 2011.)

 

 

(f) FP 2010-157

Approved

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Residential Treatment and Rehabilitation Facilities

(JLCAR Deadline March 21, 2011.)

(See * below.)

 

 

* 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:

 

NOTE:

 

The following Final Proposal has been withdrawn in response to the Committee's preliminary objection on February 4, 2011. No further Committee action is required.

 

 

FP 2010-150

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Service Limits Caps and Exemptions

 

 

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 February 4, 2011:

 

 

FP 2010-134

DEPARTMENT OF LABOR

Compensation Appeals Board Hearing Rules

(Response not yet received.)

 

 

FP 2010-135

DEPARTMENT OF LABOR

Regulation of Third Party Administrators

(Response not yet received.)

 

 

INT 2011-1

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol and Drug Abuse Prevention

Access to Recovery Program

(Response received 2-4-11 and confirmed 2-7-11.)

 

 

REGULAR AGENDA

 

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

 

 

6. INT 2011-3

Approved

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Fraud Control Program

(JLCAR Deadline May 5, 2011. Existing regular rules will expire February 24, 2011.)

 

 

7. FP 2010-151

Postponed to 3/4/11 Continued Meeting

FISH AND GAME DEPARTMENT

Lobster Tail Processing

(JLCAR Deadline March 21, 2011. Existing interim rules will expire February 22, 2011.)

 

 

8. OR 2010-70

Revised 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 March 22, 2011.)

(Formerly Item #11 on 1-7-11 agenda.)

 

 

9. FP 2010-153

Postponed to 3/4/11 Continued Meeting

DEPARTMENT OF SAFETY

Various Licensing of Fuel Gas Fitters and Fuel Gas Fitting Business Entities Rules

(JLCAR Deadline March 17, 2011.)

 

 

10. LUNCH BREAK

 

 

11. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2010-148

Postponed to 3/4/11 Continued Meeting

Former Division of Mental Health and Developmental Services

Participant Directed Managed Services

(JLCAR Deadline March 14, 2011.)

 

 

(b) FP 2010-156

Postponed to 3/4/11 Continued Meeting

 

Former Division of Public Health Services

Certified Other Qualified Agencies

(JLCAR Deadline March 21, 2011.)

 

 

OTHER BUSINESS

 

12. Other