JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

APRIL 15, 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 (March 18, 2016 and April 1, 2016)

 

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, Proposed Interim Rules, and Expedited Revisions to Agency Forms:

 

 

(a) FP 2015-199
Approval

BOARD OF EDUCATION

Health Educator and Health Education

(JLCAR Deadline May 9, 2016. Former rules expired July 1, 2014.)

 

 

(b) FP 2016-7
Approval

INSURANCE DEPARTMENT

Military Sales Practice

(JLCAR Deadline April 25, 2016.)

 

 

(c) FP 2016-15
Approval

FISH AND GAME DEPARTMENT

2016 Cod and Haddock Update

(JLCAR Deadline May 2, 2016.)

 

 

(d) FP 2016-17
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Definitions and Fees and Supplies Reimbursement for the New Hampshire Employment Program (NHEP)

(JLCAR Deadline May 2, 2016.)

 

 

(e) FP 2016-18
Approval

FISH AND GAME DEPARTMENT

2016 Inland Fisheries Update

(JLCAR Deadline May 16, 2016.)

 

 

(f) INT 2016-8
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Various Expired Sections of Procedural Rules

(JLCAR Deadline June 22, 2016. Former rules expired June 13, 2014.)

 

 

(g) INT 2016-9
Approval

MIDWIFERY COUNCIL

Procedural Rules

(JLCAR Deadline July 6, 2016. Former rules expired March 3, 2015.)

 

 

(h) EXRF 2016-2
Approval

LOTTERY COMMISSION

Racing and Charitable Gaming Division

Bingo Application for Commercial Bingo Hall License

(No JLCAR Deadline.)

 

 

(i) EXRF 2016-3
Approval

LOTTERY COMMISSION

Racing and Charitable Gaming Division

Two Lucky 7 Forms

(No JLCAR Deadline.)

 

 

(j) EXRF 2016-4
Approval

LOTTERY COMMISSION

Racing and Charitable Gaming Division

Two Bingo/Lucky 7 Forms and Two Monthly Financial Report Forms for Bingo and Lucky 7

(No JLCAR Deadline.)

 

 

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

 

 

(No items)

 

 

 

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

 

(No items)

 

 

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 approved on consent agenda for March 18, 2016.)

 

 

Conditionally Approved February 19, 2016:

 

 

FP 2015-185

BOARD OF NURSING

Continued Status

(Response received 3-18-16 and confirmed 3-22-16.)

 

 

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 received 3-18-16 and confirmed 3-22-16.)

 

 

FP 2015-165

DEPARTMENT OF LABOR

Workers' Compensation Claims

(Response received 3-17-16 and confirmed 3-22-16.)

 

 

FP 2015-167

DEPARTMENT OF LABOR

Workers' Compensation Insurance Coverage

(Response received 3-17-16 and confirmed 3-23-16.)

 

 

FP 2015-168

DEPARTMENT OF LABOR

Workers' Compensation Self Insurance

(Response received 3-17-16 and confirmed 3-23-16.)

 

 

Conditionally Approved March 18, 2016:

 

 

FP 2015-161

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Groundwater Sources of Bottled Water

(Response received 3-21-16 and confirmed 3-22-16.)

 

 

FP 2015-162

BOARD OF REGISTRATION OF MEDICAL TECHNICIANS

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

(Response received 4-6-16 and confirmed 4-11-16.)

 

 

FP 2015-170

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Sources of Water: Definitions

(Response received 3-21-16 and confirmed 3-22-16.)

 

 

FP 2015-171

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Production Wells for Large Community Water Systems

(Response received 3-21-16 and confirmed 3-22-16.)

 

 

FP 2015-172

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Small Production Wells for Small Community Water Systems

(Response received 3-21-16 and confirmed 3-22-16.)

 

 

FP 2015-176

COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

UNIQUE Endowment Allocation Scholarship Program

(Response not yet received.)

 

 

FP 2015-181

DEPARTMENT OF LABOR

Payment of Wages and Requirements of Employers

(Response received 3-31-16 and confirmed 4-6-16.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. MIDWIFERY COUNCIL

 

 

INT 2016-10
Approval

Continued Status and Scope of Practice

(JLCAR Deadline July 6, 2016. Former rules expired September 7, 2010, August 6, 2011, March 3, 2015, and February 20, 2016.)

 

 

8. 9:25 a.m. BOARD OF EDUCATION

 

 

FP 2015-196
Approval

Special Education Administrator

(JLCAR Deadline May 9, 2016.)

 

 

9. 9:30 a.m. N.H. RETIREMENT SYSTEM

 

 

FP 2016-4
Approval

Employer Withdrawal and Allocation of Actuarial Fees

(JLCAR Deadline May 9, 2016.)

 

 

10. 9:40 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2016-13
Approval with Understanding

Poultry

(JLCAR Deadline May 16, 2016. Former rules expired May 24, 2013.)

 

 

11. 9:50 a.m. LOTTERY COMMISSION

 

 

(a) FP 2016-20
Approval

Racing and Charitable Gaming Division

Bingo Merger to Lottery

(JLCAR Deadline May 16, 2016.)

 

 

(b) FP 2016-21
Approval

Racing and Charitable Gaming Division

Lucky 7 Merger to Lottery

(JLCAR Deadline May 16, 2016.)

 

 

(c) FP 2016-22
Approval

Racing and Charitable Gaming Division

Games of Chance Merger to Lottery

(JLCAR Deadline May 16, 2016.)

 

 

(d) EXRF 2016-5
Preliminary Objection

Racing and Charitable Gaming Division

Games of Chance Forms

(No JLCAR Deadline.)

 

 

12. 10:00 a.m. BOARD OF MEDICINE

 

 

FP 2016-34
Approval

Opioid Prescribing Rules

(JLCAR Deadline May 27, 2016. Existing emergency rule expires May 4, 2016.)

 

 

13. 10:45 a.m. FISH AND GAME DEPARTMENT

 

 

*OR 2015-206
No Further Action

Limited Bobcat Season

*NOTE: The Final Proposal has been withdrawn in response to the Committee's
preliminary objection. No further Committee action is required.

 

 

14. 10:50 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES TO BE POSTPONED

 

 

OR 2015-203
Postponed to 5/20/16
Regular Meeting

Former Division of Public Health Services

Immunization/Vaccination Registry

(JLCAR Deadline June 21, 2016.)

(Response not yet filed. Response due by May 2, 2016.)

 

 

OTHER BUSINESS

15. 11:00 a.m.