JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

FEBRUARY 20, 2009 - 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.)

Tara A. Sad (Alt.)

Sharon M. Carson (Alt.)

David H. Kidder (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 and Review Minutes

14. 11:15 am INT 2009-2 Env-A &

 

INT 2009-6 Env-Wq

Consent Agenda

15. 12:00 pm INT 2009-4 Tre

2. 9:05 am Final Proposals

16. 12:15 pm FP's 2008-251 & 252 Cub

3. 9:10 am Objection Responses

17. 1:00 pm LUNCH BREAK

4. 9:12 am Preliminary Objections

18. 2:00 pm FP 2008-221 Res

 

19. 2:30 pm FP 2008-223 Env-Wq &

Regular Agenda

FP 2008-225 Env-Dw

5. 9:13 am Postpone Items

20. 3:00 pm INT 2009-1 & FP 2008-187 Ret

6. 9:15 am FP 2008-168 Geo

21. 3:15 pm INT 2009-5 Agr

7. 9:20 am FP 2008-241 Den

22. 3:30 pm FP 2008-141 Rec

8. 9:40 am FP's 2008-246 & 247 Pari

23. 3:45 pm FP's 2008-170 & 206 Phy

9. 10:10 am INT 2009-3 Alc

24. 4:00 pm OR's from 1-9-09 Meeting

10. 10:40 am FP 2008-236 Ins

 

11. 11:00 am FP 2008-222 He-Hea

Other Business

12. 11:05 am FP 2008-240 He-W

25. 4:15 pm Other

13. 11:10 am FP 2008-203 Fis

 

 

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 2008-167

Approval

BOARD OF PROFESSIONAL GEOLOGISTS

Explanation After Adoption

(JLCAR Deadline February 20, 2009.)

 

 

(b) FP 2008-195

Approval

 

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Processing of Applications for Initial Licensure; Multipart Application Form; Required Documents; Letters of Reference; Eligibility Requirements; Purpose of Conditional Licensure; Eligibility Requirements for Supervisors

(JLCAR Deadline March 19, 2009.)

 

 

(c) FP 2008-196

Approval

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Reinstatement of Licenses

(JLCAR Deadline March 19, 2009.)

 

 

(d) FP 2008-197

Approval

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Ongoing Requirements

(JLCAR Deadline March 19, 2009).

 

 

(e) FP 2008-198

Approval

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Ethical Standards

(JLCAR Deadline March 19, 2009.)

 

 

(f) FP 2008-200

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Reinstatement of Licensure

(JLCAR Deadline February 23, 2009.)

 

 

(g) FP 2008-201

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Ethical Standards

(JLCAR Deadline February 26, 2009.)

 

 

(h) FP 2008-202

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Consolidated Services

(JLCAR Deadline March 9, 2009.)

 

 

(i) FP 2008-204

Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Re-Taking the National Physical Therapy Examination; The Board's Processing of Requests to Re-Take the National Physical Therapy Examination for the Fourth Time

(JLCAR Deadline March 16, 2009.)

 

 

(j) FP 2008-205

Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Materials Required to Accompany the License Application Form; Basic Eligibility Requirements for Full or Conditional Initial Licensure

(JLCAR Deadline March 9, 2009.)

 

 

(k) FP 2008-214

Approval

BOARD OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Organizational Rules

(JLCAR Deadline February 23, 2009.)

 

 

(l) FP 2008-215

Approval

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Definitions; Presiding Officer; Commencement of Proceedings; Emergency Suspension; Recording; Evidence; Fact Findings, Law Conclusions; Disposition; Public Comment Hearings; Declaratory Rulings

(JLCAR Deadline February 23, 2009.)

 

 

(m) FP 2008-216

Approval

BOARD OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Procedures for Submission and Processing of Complaints of Misconduct; Settlements

(JLCAR Deadline February 23, 2009.)

 

 

(n) FP 2008-217

Approval

BOARD OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Appearances

(JLCAR Deadline February 23, 2009.)

 

 

(o) FP 2008-218

Approval

BOARD OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Ethical Standards

(JLCAR Deadline February 23, 2009.)

 

 

(p) FP 2008-224

Approval

POLICE STANDARDS AND TRAINING COUNCIL

Physical Examination

(JLCAR Deadline March 16, 2009.)

 

 

(q) FP 2008-237

Approval

INSURANCE DEPARTMENT

Use of Senior-Specific Certification and Professional Designations in the Sale of Life Insurance and Annuities

(JLCAR Deadline March 9, 2009.)

 

 

(r) FP 2008-238

Approval

INSURANCE DEPARTMENT

Advertisements of Medicare Supplement Insurance with Interpretive Guidelines

(JLCAR Deadline March 20, 2009.)

 

 

(s) FP 2008-239

Approval

INSURANCE DEPARTMENT

Network Adequacy

(JLCAR Deadline March 2, 2009.)

 

 

(t) FP 2008-242

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Permit to Operate for Public Water Systems

(JLCAR Deadline March 16, 2009.)

 

 

(u) FP 2008-245

Approval

RACING AND CHARITABLE GAMING COMMISSION

Rules of Practice

(JLCAR Deadline February 27, 2009.)

 

 

(v) FP 2008-249

Approval with Recommendation

CURRENT USE BOARD

Forms and Criteria Availability

(JLCAR Deadline March 16, 2009.)

 

 

(w) FP 2008-250

Objection

CURRENT USE BOARD

Conduct of a Forum

(JLCAR Deadline March 16, 2009.)

 

 

(x) FP 2008-253

Approval

FISH AND GAME DEPARTMENT

Fish and Game Rules Relative to Wildlife Damage, Sealing Fur, Training Bear Dogs and Closed Areas Near Fishways

(JLCAR Deadline March 23, 2009.)

 

 

(y) FP 2008-254

Approval

DEPARTMENT OF SAFETY

Fingerprint Processing Fee Rules

(JLCAR Deadline March 16, 2009.)

 

 

(z) FP 2008-258

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Birth Conditions Program

(JLCAR Deadline March 23, 2009.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

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 November 6, 2008:

 

FP 2008-131

POSTSECONDARY EDUCATION COMMISSION

Rules Governing the Evaluation of Institutions of Higher Learning

(Response not received yet.)

 

 

Conditionally Approved December 18, 2008:

 

 

FP 2008-193

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Fee Schedule and Continuing Education Requirements

(Response received 1-15-09 and confirmed 1-16-09.)

 

 

Conditionally Approved January 9, 2009:

 

 

FP 2008-186

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

(Response received 1-22-09 and confirmed 1-23-09.)

 

 

FP 2008-124

INSURANCE DEPARTMENT

Suitability in Annuity Transactions

(Response received 1-20-09 and confirmed 1-22-09.)

 

 

FP 2008-174

INSURANCE DEPARTMENT

Medical Malpractice Liability Insurance

(Response received 1-26-09 and confirmed 1-27-09.)

 

 

Conditionally Approved January 16, 2009:

 

 

FP 2008-213

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Medicaid-Covered Home and Community-Based Care Services for Persons with Developmental Disabilities and Acquired Brain Disorders

(Response received 1-16-09 and confirmed 1-20-09.)

 

 

FP 2008-229

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Secure Psychiatric Unit Transfers

(Response received 1-16-09 and confirmed 1-20-09.)

 

 

FP 2008-211

DEPARTMENT OF EMPLOYMENT SECURITY

Form; Dishonored and Application; Interest on Overpayments; Electronic Communications

(Response received 2-12-09 and confirmed 2-13-09.)

 

 

REGULAR AGENDA

 

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

 

 

6. FP 2008-168

Approval

BOARD OF PROFESSIONAL GEOLOGISTS

Applications and Qualifications for Licensure, Fees, Disciplinary Matters, Continuing Education and Ethical Standards

(JLCAR Deadline February 20, 2009.)

 

 

7. FP 2008-241

Conditional Approval

BOARD OF DENTAL EXAMINERS

Board Organization, Financial Interests, Pleadings, Complaints, Adjudicatory Proceedings, Authority of Presiding Officer, Licensure, Fees, Qualifications, Duties, and General Housekeeping

(JLCAR Deadline February 26, 2009.)

 

 

8. RACING AND CHARITABLE GAMING COMMISSION

 

(a) FP 2008-246

Conditional Approval

Bingo and Lucky 7 Rules

(JLCAR Deadline February 27, 2009.)

 

 

(b) FP 2008-247

Conditional Approval

Games of Chance

(JLCAR Deadline February 27, 2009.)

 

 

9. INT 2009-3

Approval with Recommendation

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Initial Licensure; Examinations; Written Case Study; Application Procedures; Felony Convictions

(JLCAR Deadline May 14, 2009. Proposed rule implements Chapter 189 of the Laws of 2008 (HB 1633-FN), effective July 1, 2008.)

 

 

10. FP 2008-236

Conditional Approval

INSURANCE DEPARTMENT

Life Insurance Illustrations

(JLCAR Deadline March 2, 2009.)

 

 

11. FP 2008-222

Conditional Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Positron Emission Tomography Scanners

(JLCAR Deadline March 9, 2009.)

 

 

12. FP 2008-240

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid for Employed Adults with Disabilities (MEAD)

(JLCAR Deadline March 23, 2009.)

 

 

13. FP 2008-203

Conditional Approval

FISH AND GAME DEPARTMENT

Marine Rules - Commercial Haddock Length Limit; Commercial Lobster Helpers

(JLCAR Deadline March 23, 2009.)

 

 

14. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) INT 2009-2

Approval

Air Related Programs

Voluntary Greenhouse Gas Emissions Reductions Registry

(JLCAR Deadline May 14, 2009. Existing rules will expire February 24, 2009.)

 

 

(b) INT 2009-6

Approval

Water Quality and Quantity Programs

State Water Pollution Control Revolving Loan Fund Amendments

(JLCAR Deadline May 14, 2009. Proposed rule designed to address proposed federal economic stimulus legislation.)

 

 

15. INT 2009-4

Approval with Recommendation

STATE TREASURER

Treasury Abandoned Property Rules

(JLCAR Deadline May 14, 2009. Former rules expired January 25, 2009.)

 

 

16. CURRENT USE BOARD

 

(a) FP 2008-251

Approval

Assessment Ranges for Forest Land

(JLCAR Deadline March 23, 2009.)

 

 

(b) FP 2008-252

Approval

Developments and the Land Use Change Tax

(JLCAR Deadline March 16, 2009.)

 

 

17. LUNCH BREAK

 

 

18. FP 2008-221

Postponed to 3/6/09 Continued Meeting

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Job Training Program

(JLCAR Deadline March 23, 2009. Former interim rule expired March 12, 2008.)

 

 

19. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2008-223
Postponed to 3/6/09 Continued Meeting

Water Quality and Quantity Programs

Youth Recreation Camps

(JLCAR Deadline March 23, 2009. Most of the existing rules will expire February 28, 2009.)

 

 

(b) FP 2008-225
Postponed to 3/6/09 Continued Meeting

Drinking Water Programs

Certification of Water Works Operators

(JLCAR Deadline March 23, 2009.)

 

 

20. N.H. RETIREMENT SYSTEM

 

(a) INT 2009-1
Postponed to 3/6/09 Continued Meeting

Code of Ethics of the Retirement System

(JLCAR Deadline May 7, 2009. Existing rules will expire April 10, 2009.)

 

 

(b) FP 2008-187
Postponed to 3/6/09 Continued Meeting

Minimum Participation Standards - Group I State and Political Subdivision Employees

(JLCAR Deadline March 23, 2009.)

 

 

21. INT 2009-5
Postponed to 3/6/09 Continued Meeting

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Weights and Measures

(JLCAR Deadline May 14, 2009. Most of the existing rules will expire March 21, 2009.)

 

 

22. FP 2008-141
Postponed to 3/6/09 Continued Meeting

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Continued Status

(JLCAR Deadline March 19, 2009.)

 

 

23. GOVERNING BOARD OF PHYSICAL THERAPISTS

 

 

(a) FP 2008-170

Postponed to 3/6/09 Continued Meeting

Continued Status

(JLCAR Deadline March 9, 2009.)

 

 

(b) FP 2008-206

Postponed to 3/6/09 Continued Meeting

Reinstatement of Licenses; Conditionally Reinstated Licenses

(JLCAR Deadline March 16, 2009.)

 

 

24. Responses to Preliminary Objections Made in January 9, 2009 Meeting But Not Yet Reviewed by Committee

Staff:

 

 

OR 2008-163

Postponed to 3/6/09 Continued Meeting

BOARD OF VETERINARY MEDICINE

Administrative Rules Vet 200-700

(JLCAR Deadline April 20, 2009.)

 

 

OTHER BUSINESS

 

25. Other