JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MARCH 18, 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.
Otherwise, agency cannot adopt the interim rule.

 

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

 

2. 9:05 a.m. Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

(a) FP 2015-162
Conditional Approval with Recommendation

BOARD OF REGISTRATION OF MEDICAL TECHNICIANS

Organization, Practice and Procedure; Registration Requirements, Applications and Fees; Registration Renewal and Reinstatement

(JLCAR Deadline April 18, 2016.)

 

 

(b) FP 2015-175
Approval

COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

UNIQUE Annual Allocation Scholarship Program

(JLCAR Deadline April 15, 2016.)

 

 

(c) FP 2016-1
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Verification of Good Cause for Non-Cooperation with Child Support Requirements for FANF and Good Cause for Non-Participation in the New Hampshire Employment Program (NHEP)

(JLCAR Deadline April 14, 2016.)

 

 

(d) FP 2016-5
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Public Health Laboratories Fee Schedule

(JLCAR Deadline April 14, 2016.)

 

 

(e) INT 2016-7
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Asset Transfers, Undue Hardship Waivers for Asset Transfer Penalties or for Individuals with Substantial Home Equity, and Real Property Resources in the Cash and Medical Assistance Programs

(JLCAR Deadline June 8, 2016. Most of the rules will expire April 22, 2016.)

 

 

3. 9:10 a.m. Committee Conditional Approvals:

 

 

(a) FP 2015-161
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Groundwater Sources of Bottled Water

(JLCAR Deadline April 11, 2016.)

 

 

(b) FP 2015-170
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Sources of Water: Definitions

(JLCAR Deadline April 11, 2016.)

 

 

(c) FP 2015-171
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Production Wells for Large Community Water Systems

(JLCAR Deadline April 11, 2016.)

 

 

(d) FP 2015-172
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Small Production Wells for Small Community Water Systems

(JLCAR Deadline April 11, 2016.)

 

 

(e) FP 2015-176
Conditional Approval

COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

UNIQUE Endowment Allocation Scholarship Program

(JLCAR Deadline March 18, 2016.)

(Formerly Item #16(b) on 12-17-15 agenda).

 

 

(f) FP 2015-181
Conditional Approval

DEPARTMENT OF LABOR

Payment of Wages and Requirements of Employers

(JLCAR Deadline March 21, 2016.)

(Formerly Item #7(d) on 2-19-16 agenda.)

 

 

4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:

 

(a) OR 2015-139
Approval

BOARD OF MENTAL HEALTH PRACTICE

Pre-licensure Supervised Practice

 

5. 9:16 a.m. 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 December 17, 2015:

 

 

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 filed and on consent agenda for March 18, 2016.)

 

 

Conditionally Approved January 15, 2016:

 

 

FP 2015-174

COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

Establishment, Operation and Administration of the College Tuition Savings Plan

(Response received 3-1-16 and confirmed 3-2-16.)

 

 

Conditionally Approved February 19, 2016:

 

 

FP 2015-185

BOARD OF NURSING

Continued Status

(Response not yet received.)

 

 

FP 2015-193

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Cancer Registry Rules

(Response received 2-23-16 and confirmed 2-23-16.)

 

 

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

(Response not yet received.)

 

 

FP 2015-165

DEPARTMENT OF LABOR

Workers' Compensation Claims

(Response not yet received.)

 

 

FP 2015-167

DEPARTMENT OF LABOR

Workers' Compensation Insurance Coverage

(Response not yet received.)

 

 

FP 2015-168

DEPARTMENT OF LABOR

Workers' Compensation Self Insurance

(Response not yet received.)

 

 

FP 2015-144

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

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

(Response received 2-23-16 and confirmed 2-24-16.)

 

 

FP 2015-207

BOARD OF MEDICINE

Physician Licensing, Renewals, Administrative Fines, Voluntary Surrenders, and Obligation
to Obey

(Response received 3-2-16 and confirmed 3-2-16.)

 

 

FP 2015-208

BOARD OF MEDICINE

Physician Assistant Licensing, Renewals, Administrative Fines, Voluntary Surrenders, and Obligation to Obey

(Response received 3-2-16 and confirmed 3-2-16.)

 

 

REGULAR AGENDA

 

6. 9:18 a.m. Consider postponing action on certain items to another meeting.

 

7. 9:20 a.m. DEPARTMENT OF LABOR

 

 

FP 2016-6
Approval with Recommendation

Boilers and Pressure Vessels

(JLCAR Deadline April 15, 2016.)

 

 

8. 9:25 a.m. HEALTH SERVICES PLANNING AND REVIEW BOARD

 

 

FP 2015-183
Approval

Filing of Documents; Nonadjudicative Proceedings; Sanctions; Fees; Application Process; Expeditious Processing of Applications; Standards for the Review of Applications; Application Form for a CON; Implementation Reports

(JLCAR Deadline April 4, 2016.)

 

 

9. 9:30 a.m. GUARDIAN AD LITEM BOARD

 

 

(a) INT 2016-4
Approval

Procedural Rules

(JLCAR Deadline June 1, 2016. Most of the rules expired September 15, 2015.)

 

 

(b) INT 2016-5
Approval

Initial Certification Requirements, Renewals, and Standards of Practice

(JLCAR Deadline June 1, 2016. Most of the rules expired September 15, 2015.)

 

 

10. 9:40 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2016-6
Approval

Former Division of Human Services

Increasing the Food Stamp Program Heat Standard Utility Allowance (SUA)

(JLCAR Deadline June 8, 2016. Interim rule implements federal requirements which went into effect February 22, 2016.)

 

 

(b) FP 2015-203
Preliminary Objection

Former Division of Public Health Services

Immunization/Vaccination Registry

(JLCAR Deadline April 18, 2016.)

 

 

11. 10:10 a.m. FISH AND GAME DEPARTMENT TO BE POSTPONED TO APRIL 1, 2016

 

 

FP 2015-206
Postponed to 4/1/16
Continued Meeting

Limited Bobcat Season

(JLCAR Deadline April 11, 2016.)

 

 

12. 10:15 a.m. Discussion on proposed amendments to the Drafting and Procedure Manual for Administrative Rules. TO BE POSTPONED TO APRIL 1, 2016

Postponed to 4/1/16
Continued Meeting

 

 

OTHER BUSINESS

13. 10:20 a.m.