JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

FEBRUARY 4, 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 NUMBERS ON THE AGENDA ITEMS, EXCEPT FOR ITEMS #3(o), #3(p), #9, AND #11, ARE THE same as for the regular meeting ON january 21, 2011, which had been cancelled.

 

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

9. 9:40 am INT 2011-2 Env-A

2. 9:05 am Amend Proposed Meeting Schedule

8. 10:00 am INT 2010-19 He-E, INT 2011-1 He-A,

for 2011

& FP's 2010-146 & 150 He-W

 

10. 12:00 pm LUNCH BREAK

Consent Agenda

 

3. 9:10 am Final Proposals & Proposed Interim Rule

Other Business

4. 9:15 am Objection Responses

11. 1:00 pm Other

5. 9:16 am Preliminary Objections

 

 

 

Regular Agenda

 

6. 9:17 am Postpone Items

 

7. 9:20 am FP's 2010-134 & 135 Lab

 

 

 

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.

 

2. Amend Proposed Meeting Schedule for 2011

 

CONSENT AGENDA

 

3. Committee Approval of Final Proposals:

 

 

(a) FP 2010-90

Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

Clarification of Physician and Definition of Direction of a Physician

(JLCAR Deadline February 22, 2011.)

 

 

(b) FP 2010-103

Automatic Approval

BOARD OF ARCHITECTS

Rules Regarding the Definition of "Architect Retired"

(JLCAR Deadline January 21, 2011. Automatically approved. No further Committee action necessary.)

 

 

(c) FP 2010-104

Automatic Approval

BOARD OF ARCHITECTS

Rules Regarding the Fee for Retired Status, Licensed Architect Seal/Stamp and Reinstatement

(JLCAR Deadline January 21, 2011. Automatically approved. No further Committee action necessary.)

 

 

(d) FP 2010-116

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Code of Ethics

(JLCAR Deadline February 10, 2011.)

 

 

(e) FP 2010-122

Approval

RACING AND CHARITABLE GAMING COMMISSION

Submission, Review and Approval of Games of Chance Procedures

(JLCAR Deadline February 22, 2011)

 

 

(f) FP 2010-131

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights Protection Procedures for Developmental Services

(JLCAR Deadline February 22, 2011.)

 

 

(g) FP 2010-136

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Federal Standards Annual Update

(JLCAR Deadline February 7, 2011.)

 

 

(h) FP 2010-137

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Regulated Toxic Air Pollutants

(JLCAR Deadline February 7, 2011.)

 

 

(i) FP 2010-138

Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Reinstatement of Licensure

(JLCAR Deadline February 22, 2011.)

 

 

(j) FP 2010-139

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Water

Control of Lead and Copper - Repeal

(JLCAR Deadline February 22, 2011.)

 

 

(k) FP 2010-140

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Control of Lead and Copper

(JLCAR Deadline February 22, 2011.)

 

 

(l) FP 2010-141

Approval

FISH AND GAME DEPARTMENT

Clarification to Certain Furbearer Rules; Amend Lists Relative to Importation and Possession of Certain Wildlife; and Readopting Wildlife Rehabilitation Rules

(JLCAR Deadline February 22, 2011.)

 

 

(m) FP 2010-144

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medical Assistance for Children with Severe Disabilities

(JLCAR Deadline February 22, 2011.)

 

 

(n) FP 2010-145

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services

Medical Services Clinics

(JLCAR Deadline February 22, 2011.)

 

 

(o) FP 2010-109

Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Jurisprudence Examination

(JLCAR Deadline March 7, 2011.)

 

 

(p) FP 2010-110

Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Ethical Standards

(JLCAR Deadline March 7, 2011.)

 

 

4. Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

5. 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 January 7, 2011:

 

 

FP 2010-93

PEASE DEVELOPMENT AUTHORITY

Port Captains, Pilots, and Pilotage

(Response received 1-24-11 and confirmed 1-24-11.)

 

 

FP 2010-132

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights Protection Procedures

(Response received 1-11-11 and confirmed 1-11-11.)

 

 

FP 2010-102

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

NH Nursing Home Rules

(Response received 1-13-11 and confirmed 1-14-11.)

 

 

FP 2010-130

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Social Service Block Grant (Title XX)

(Response received 1-11-11 and confirmed 1-11-11.)

 

 

FP 2010-107

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Sanitary Production and Distribution of Food

(Response received 1-14-11 and confirmed 1-18-11.)

 

 

REGULAR AGENDA

 

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

 

 

7. DEPARTMENT OF LABOR

 

 

(a) FP 2010-134

Conditional Approval

Compensation Appeals Board Hearing Rules

(JLCAR Deadline February 18, 2011.)

 

 

(b) FP 2010-135

Conditional Approval

Regulation of Third Party Administrators

(JLCAR Deadline February 18, 2011.)

 

 

9. INT 2011-2

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Prevention, Abatement and Control of Open Source Air Pollution

(JLCAR Deadline April 28, 2011. Existing rules will expire March 12, 2011.)

 

 

8. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2010-19

Approval

Division of Elderly and Adult Services

Home and Community-Based Care for the Elderly and Chronically Ill (HCBC-ECI)

(JLCAR Deadline March 23, 2011. Existing rules will expire February 8, 2011.)

 

 

(b) INT 2011-1

Conditional Approval

Former Office of Alcohol and Drug Abuse Prevention

Access to Recovery Program

(JLCAR Deadline April 14, 2011. Interim rule designed to conform to federal law 42 U.S.C. 290aa(d)(5) and 290bb-2 by January 28, 2011.)

 

 

(c) FP 2010-146

Approval

Former Division of Human Services

Hospice Services Waiver of Rights

(JLCAR Deadline February 22, 2011.)

 

 

(d) FP 2010-150

Preliminary Objection

Former Division of Human Services

Service Limits Caps and Exemptions

(JLCAR Deadline February 22, 2011.)

 

 

10. LUNCH BREAK

 

 

OTHER BUSINESS

 

11. Other