JOINT LEGISLATIVE COMMITTEE
ON ADMINISTRATIVE RULES
REGULAR
MEETING
TENTATIVE
AGENDA
FEBRUARY 19, 2016 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
|
|
Sen. John Reagan, Vice
Chair |
Rep. Carol M. McGuire,
Chair |
Sen. Kevin Avard |
Rep. David H. Kidder |
Sen. Sam Cataldo |
Rep. Rick M. Ladd |
Sen. Dan Feltes |
Rep. Tara A. Sad |
Sen. David Watters |
Rep. Peter B. Schmidt |
Sen. Regina Birdsell
(Alt.) |
Rep. Suzanne H. Gottling
(Alt.) |
Sen. Martha Fuller Clark
(Alt.) |
Rep. William A. Hatch
(Alt.) |
Sen. Lou D'Allesandro
(Alt.) |
Rep. John Sytek (Alt.) |
Sen. Gary Daniels (Alt.) |
(Alt.) |
Sen. Nancy Stiles (Alt.) |
(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 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. |
FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
EXRF - Expedited Revision to Form
CONSENT
AGENDA |
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|
|
2. 9:05
a.m. Committee Approval of Final
Proposals and Proposed Expedited Revisions to Agency Forms: |
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|
|
(a) FP 2015-182 |
DEPARTMENT
OF EMPLOYMENT SECURITY Pathway to Work Program (JLCAR Deadline March 21, 2016.) |
|
|
(b) FP 2015-186 |
BOARD
OF NURSING Ethical
Standards: Professional Duties of an Advanced Practice Registered Nurse
(APRN) (JLCAR Deadline March 18, 2016.) |
|
|
(c) FP 2015-195 |
FISH
AND GAME DEPARTMENT Marine Aquaculture Reporting and Lobster Tail Possession (JLCAR Deadline March 17, 2016.) |
|
|
(d) FP 2015-197 |
DEPARTMENT
OF LABOR Incorporation
by Reference Revised Safety Summary Form WCSSF (JLCAR Deadline March 21, 2016.) |
|
|
(e) FP 2015-200 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring
Rules Related to Individual Rights and Responsibilities for Financial and
Medical Assistance, Institutional Residency, the Adult Standard Disregard,
the Cost of Nursing Facility Care, and Allowable Deductions (JLCAR Deadline March 21, 2016.) |
|
|
(f) FP 2015-201 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Human Services Amended Definition of “Off-Premises Retail Licensees that Exclusively
or Primarily Sell Beer, Wine, or Other Alcoholic Beverages” As it Pertains to
All Categories of Financial Assistance (JLCAR Deadline March 11, 2016.) |
|
|
(g) FP 2015-202 |
DEPARTMENT
OF REVENUE ADMINISTRATION Form DP-216, Employee Leasing Company Business (JLCAR Deadline March 21, 2016.) |
|
|
(h) FP 2015-205 |
BOARD
OF DENTAL EXAMINERS Application for Licensure to Provide Voluntary Services; Renewal and
Monitoring; and Criteria of Acceptance (JLCAR Deadline March 21, 2016.) |
|
|
(i) EXRF 2016-1 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Commissioner Annual Medicaid Uncompensated Care Data Request
Form – He-C 5002.01(a) (No JLCAR Deadline.) |
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|
3. 9:10
a.m. Committee Conditional Approvals: |
|
|
|
(a) FP 2015-185 |
BOARD
OF NURSING Continued
Status (JLCAR Deadline March 18, 2016.) |
|
|
(b) FP 2015-193 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Cancer Registry Rules (JLCAR Deadline March 21, 2016.) |
|
|
(c) FP 2015-194 |
BOARD
OF BARBERING, COSMETOLOGY, AND ESTHETICS Written Exam Criteria, Written Exam Administration, Approve/Deny
Individuals Licensed in Another State, Instructor Continuing Education (JLCAR Deadline February 29, 2016.) |
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4. 9:15
a.m. Committee Acceptance of Agency
Responses to Objections: |
|
|
|
(No
items) |
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5. 9:16 a.m. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items) |
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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. |
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Conditionally Approved December 17, 2015: |
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|
|
FP 2015-139 |
BOARD OF MENTAL HEALTH PRACTICE Pre-licensure Supervised Practice (Response
received 1-21-16. Converted to
preliminary objection pursuant to RSA 541-A:13, V(a). Objection Response not yet filed but due by
February 26, 2016.) |
|
|
Conditionally Approved January 15, 2016: |
|
|
|
FP 2015-160 |
FISH AND GAME DEPARTMENT Live Bait and the Importation, Possession, and Use
of All Wildlife (Response
received 1-22-16 and confirmed 1-22-16.) |
|
|
FP 2015-108 |
DEPARTMENT OF TRANSPORTATION Construction Aid and Relocation Services (Response
received 2-10-16 and confirmed 2-12-16.) |
|
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FP 2015-174 |
COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION Establishment, Operation and Administration
of the College Tuition Savings Plan (Response
not yet received.) |
|
|
FP 2015-125 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Groundwater Discharge Permits and Registrations (Response
received 1-21-16 and confirmed 1-21-16.) |
|
|
FP 2015-184 |
BOARD OF BARBERING, COSMETOLOGY, AND
ESTHETICS Apprentice Applications & Instructors,
School Instructor License, School Equipment, Licensee, Individuals Licensed
in Another State, Renewals, Violation Points (Response
received 2-9-16 and confirmed 2-12-16.) |
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|
FP 2015-191 |
DEPARTMENT OF REVENUE Business Enterprise Tax (Response received 1-22-16 and
confirmed 1-22-16.) |
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REGULAR
AGENDA |
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6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
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7. 9:20
a.m. DEPARTMENT OF LABOR |
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|
(a)
FP 2015-165 |
Workers' Compensation Claims (JLCAR
Deadline February 19, 2016.) (Formerly Item #13 on 1-15-16 agenda.) |
|
|
(b)
FP 2015-167 |
Workers' Compensation Insurance Coverage (JLCAR
Deadline March 21, 2016.) |
|
|
(c)
FP 2015-168 |
Workers' Compensation Self Insurance (JLCAR
Deadline March 21, 2016.) |
|
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(d) FP
2015-181 |
Payment of Wages and Requirements of
Employers (JLCAR
Deadline March 21, 2016.) |
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8. 9:40
a.m. DEPARTMENT OF SAFETY |
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INT 2015-14 |
Interim Certification for Additional Truck
Weights Rules (JLCAR
Deadline March 9, 2016. Former rules expired
September 29, 2015.) (Formerly Item #9(a) on 12-17-15 agenda and
Item #19(a) on 1-15-16 agenda.) |
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9. 9:50
a.m. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
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|
(a)
INT 2016-2 |
Former Division of Mental Health and
Developmental Services Medical Assistance Services Provided by
Education Agencies (JLCAR
Deadline May 4, 2016. Most of the
former rules expired November 22, 2015.) |
|
|
(b)
INT 2016-3 |
Former Division of Public Health Services Birthing Center Rules. (JLCAR
Deadline May 11, 2016. Former rules
expired July 27, 2015.) |
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(c)
FP 2015-144 |
Former Division of Human Services Durable Medical Equipment, Prosthetic and
Orthotic Devices, and Medical Supplies (JLCAR
Deadline March 10, 2016.) |
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(d) FP
2015-192 |
Former Division of Human Services Elimination of the Prohibition of Decreasing
the Standard Utility Allowance (SUA) in the Food Stamp Program if the CPI-U
is Negative (JLCAR
Deadline March 14, 2016.) |
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10. 10:10 a.m. BOARD
OF MEDICINE |
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(a)
FP 2015-207 |
Physician Licensing, Renewals,
Administrative Fines, Voluntary Surrenders, and Obligation to Obey (JLCAR
Deadline March 21, 2016.) |
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(b)
FP 2015-208 |
Physician Assistant Licensing, Renewals, Administrative
Fines, Voluntary Surrenders, and Obligation to Obey (JLCAR
Deadline March 21, 2016.) |
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11. 10:30 a.m. BOARD
OF MENTAL HEALTH PRACTICE |
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OR 2015-139 |
Pre-licensure Supervised Practice (JLCAR
Deadline April 26, 2016.) (Response not yet filed. Response due by February 26, 2016.) |
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12. 10:40 a.m. Postponed to 3/18/19 |
Discussion on proposed amendments to the Drafting
and Procedure Manual for Administrative Rules. |
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OTHER BUSINESS 13. 11:10 a.m. |