JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

MARCH 16, 2007 - 9:00 a.m.

LOB ROOMS 206 & 208

 

Senate Members of JLCAR

House Members of JLCAR

Martha Fuller Clark

Maurice L. Pilotte

Jacalyn L. Cilley

Peter B. Schmidt

Betsi DeVries

Bonnie G. Mitchell

Robert J. Letourneau

Betsey L. Patten

Michael Downing

James R. MacKay

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

James F. Powers (Alt.)

Peter Hoe Burling (Alt.)

Kimberley S. Casey (Alt.)

Joseph D. Kenney (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (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.

 

THE COMMITTEE WILL CONSIDER POSTPONING ITEMS #11(d) through #15 TO MEETING ON MARCH 30.

 

1. 9:00 am Convene and Review Minutes

9. 12:00 pm LUNCH BREAK

 

10. 1:00 pm OR 2006-81 Nur

Consent Agenda

11. 1:15 pm FP's 2006-167, 193 & 194 He-P,

2. 9:05 am Final Proposals

OR 2006-134 He-W, FP's 2006-174

3. 9:10 am Objection Responses

& 2007-4 He-W, & FP 2007-3 He-E

4. 9:12 am Preliminary Objections

12. 4:30 pm FP 2006-185 Ins

 

13. 4:45 pm INT 2007-5 Lab

Regular Agenda

14. 5:15 pm OR 2006-150 Med

5. 9:15 am Postpone Items

 

6. 9:20 am FP's 2006-111 Env-Wq, 2006-184 Env-C,

Other Business

INT's 2007-7 & 4 Env-Ws

15. 5:30 pm Other

7. 10:30 am INT 2007-6 Rab

 

8. 10:45 am FP's 2006-161 & 190 He-C, FP 2006-195

 

He-P & FP 2006-191 He-M

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER Emergency Rule

INT Interim Rule


 

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 and Proposed Interim Rules:

 

 

(a) FP 2006-155

Approval

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Importation of Bovines and Other Domestic Animals into New Hampshire

(JLCAR Deadline March 26, 2007.)

 

 

(b) FP 2006-157

Approval

BOARD OF LANDSCAPE ARCHITECTS

Organizational Rules

(JLCAR Deadline March 23, 2007.)

 

 

(c) FP 2006-158

Approval

BOARD OF LANDSCAPE ARCHITECTS

Rules Regarding Practice and Procedure

(JLCAR Deadline March 23, 2007.)

 

 

(d) FP 2006-159

Approval

BOARD OF LANDSCAPE ARCHITECTS

Rules Regarding Explanation After Adoption

(JLCAR Deadline March 23, 2007.)

 

 

(e) FP 2006-160

Approval

BOARD OF LANDSCAPE ARCHITECTS

Rules Regarding Application and Qualifications for Licensure Fees, Renewals, Continuing Education and Ethical Standards

(JLCAR Deadline March 23, 2007.)

 

 

(f) INT 2007-3

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Administrative Review of Complaint Investigation Findings

(JLCAR Deadline May 17, 2007. Existing regular rules will expire April 22, 2007.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(No items)

 

 

 

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

 

(Selected items)

 

 

REGULAR AGENDA

 

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

 

 

6. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2006-111

Objection

Water Quality and Quantity Programs

Sludge Management Rules

(JLCAR Deadline waived. Existing regular rules will expire March 26, 2007. See INT 2007-7 below to keep existing rules in effect.)

(Formerly Item #9 on 2-16-07 and 3-2-07 agendas.)

 

 

(b) FP 2006-184

Approval

Commissioner

Rules of Practice and Procedure

(JLCAR Deadline March 19, 2007. Existing regular rules will expire March 25, 2007.)

(Formerly Item #11 on 2-16-07 and 3-2-07 agendas.)

 

 

(c) INT 2007-7

Approval

Division of Water

Sludge Management Rules

(JLCAR Deadline June 7, 2007. Existing regular rules will expire March 26, 2007.)

 

 

(d) INT 2007-4

Approval

Division of Water

Groundwater Sources of Bottled Water

(JLCAR Deadline May 24, 2007. Existing regular rules will expire April 5, 2007.)

 

 

7. INT 2007-6

Approval with understanding

REAL ESTATE APPRAISER BOARD

Rules Relative to Practice and Procedure; Apprentice Classification, Certification and License Requirements; Continued Status; Ethical Standards

(JLCAR Deadline June 7, 2007. Existing regular rules will expire March 23, 2007.)

 

 

8. DEPARTMENT OF HEALTH AND HUMAN SERVICES

(Formerly Item #8 on 2-16-07 and 3-2-07 agendas.)

 

 

(a) FP 2006-161

Automatic Approval

Commissioner

Adoption Subsidies

(JLCAR Deadline March 5, 2007. Rule automatically approved and adopted March 6, 2007 before waiver granted of JLCAR deadline. Former regular rules expired September 30, 1999.)

 

 

(b) FP 2006-190

Postponed to 3/30/07 Continued Meeting

Commissioner

Rules of Practice and Procedure

(JLCAR Deadline March 19, 2007.)

 

 

(c) FP 2006-195

Postponed to 3/30/07 Continued Meeting

Former Division of Public Health Services

Catastrophic Illness Program

(JLCAR Deadline March 19, 2007. Former regular rules expired June 26, 1995.)

 

 

(d) FP 2006-191

Postponed to 3/30/07 Continued Meeting

Former Division of Mental Health and Developmental Services

Community Mental Health Services

(JLCAR Deadline March 19, 2007.)

 

 

9. LUNCH BREAK

 

 

 

10. OR 2006-81

Accepted/Approved

BOARD OF NURSING

Licensing Requirements; Continued Status; Ethical Standards; Education; Nursing Assistants; Certificate of Medication Administration for Licensed Nursing Assistants and Medication Administration Education Program

(JLCAR Deadline May 8, 2007. Former interim rules expired December 21, 2006.)

(Formerly Item #14 (a) on 2-16-07 agenda and #14 on 3-2-07 agenda.)

 

 

11. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2006-167

Postponed to 3/30/07 Continued Meeting

Former Division of Public Health Services

Rules for the Sanitary Production and Distribution of Food - Homestead Amendments

(JLCAR Deadline March 19, 2007.)

(Formerly Item #12(a) on 2-16-07 and 3-2-07 agendas.)

 

 

(b) FP 2006-193

Conditional Approval

Former Division of Public Health Services

Laboratories and Laboratory Services

(JLCAR Deadline March 19, 2007.)

(Formerly Item #12(b) on 2-16-07 and 3-2-07 agendas.)

 

 

(c) FP 2006-194

Conditional Approval

Former Division of Public Health Services

Collection Station Rules

(JLCAR Deadline March 19, 2007.)

(Formerly Item #12(c) on 2-16-07 and 3-2-07 agendas.)

 

(d) OR 2006-134

Postponed to 3/30/07 Continued Meeting

Former Division of Human Services

Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies

(JLCAR Deadline April 20, 2007. Former regular rules expired December 29, 2003.)

(Formerly Item #13(a) on 2-16-07 agenda and #12(d) on 3-2-07 agenda.)

 

 

(e) FP 2006-174

Postponed to 3/30/07 Continued Meeting

Former Division of Human Services

The Deficit Reduction Act of 2005 and Medicaid Eligibility Long-term Care Program Changes

(JLCAR Deadline April 16, 2007.)

 

 

(f) FP 2007-4

Postponed to 3/30/07 Continued Meeting

Former Division of Human Services

The Deficit Reduction Act of 2005 and Temporary Assistance for Needy Families (TANF) Program Changes

(JLCAR Deadline April 16, 2007. Existing interim rule will expire April 11, 2007.)

 

 

(g) FP 2007-3

Postponed to 3/30/07 Continued Meeting

Division of Elderly and Adult Services

Adult Protection Program

(JLCAR Deadline April 16, 2007.)

 

 

12. FP 2006-185

Postponed to 3/30/07 Continued Meeting

INSURANCE DEPARTMENT

External Review

(JLCAR Deadline April 12, 2007.)

 

 

13. INT 2007-5

Postponed to 3/30/07 Continued Meeting

DEPARTMENT OF LABOR

Payment of Wages and Requirements of Employers

(JLCAR Deadline June 7, 2007. Existing regular rules will expire May 26, 2007.)

 

 

14. OR 2006-150

Postponed to 3/30/07 Continued Meeting

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline April 20, 2007. Existing interim rules expired December 13, 2006.)

(Formerly Item #13 (b) on 2-16-07 agenda and #13 on 3-2-07 agenda.)

 

 

OTHER BUSINESS

 

15. Other