JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MAY 18, 2007 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

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 #13 - #22 TO THE CONTINUED MEETING ON JUNE 1.

 

1. 9:00 am Convene and Review Minutes

11. 11:30 am FP 2007-25 Fis

 

12. 12:30 pm LUNCH BREAK

Consent Agenda

13. 1:30 pm FP 2007-33 Pari

2. 9:05 am Final Proposals

14. 2:00 pm FP 2007-19 Ahp

3. 9:10 am Objection Responses

15. 2:15 pm FP 2006-172 Lab

4. 9:12 am Preliminary Objections

16. 2:45 pm FP's 2007-13 He-W, 2007-29 He-P,

 

2007-40 He-M

Regular Agenda

17. 3:45 pm FP 2007-27 Agr

5. 9:15 am Postpone Items

18. 4:00 pm FP 2007-30 Rev

6. 9:20 am OR 2006-111 Env-Wq

19. 4:15 pm OR 2006-197 Med

7. 9:45 am INT 2007-13 Env-WC

20. 4:45 pm OR & ROR From 4-20-07 Meeting

8. 10:00 am INT 2007-14 He-C, FP 2006-166 He-P

21. 5:00 pm OR's From 5-4-07 Meeting

& OR 2007-23 He-E

 

9. 10:45 am FP 2007-8 Jus

Other Business

10. 11:15 am FP's 2006-168 & 169 Ins

22. 5:15 pm Other

 

 

 

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 2006-178

Approval

BOARD OF MANAGERS OF N.H. VETERANS HOME

Communications with the Public

(JLCAR Deadline June 8, 2007.)

 

 

(b) FP 2006-179

Approval

BOARD OF MANAGERS OF N.H. VETERANS HOME

Procedures for the Review of Determinations of Ineligibility for Residence; Complaint Procedures; Explanation of Adopted Rules

(JLCAR Deadline June 8, 2007.)

 

 

(c) FP 2006-180

Approval

BOARD OF MANAGERS OF N.H. VETERANS HOME

Residency and Admission to New Hampshire Veterans' Home; Transfer and Discharge from the Home; Repeal of Full Pay Applicants

(JLCAR Deadline June 8, 2007.)

 

 

(d) FP 2006-181

Approval

BOARD OF MANAGERS OF N.H. VETERANS HOME

Procedural Rules

(JLCAR Deadline June 8, 2007.)

 

 

(e) FP 2006-186

Approval

BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Renewal, Continuing Education and Ongoing Requirements

(JLCAR Deadline June 18, 2007.)

 

 

(f) FP 2006-187

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Requirements for Licensure

(JLCAR Deadline June 18, 2007.)

 

 

(g) FP 2006-188

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Certification for the Use of Physical Agent Modalities

(JLCAR Deadline June 18, 2007.)

 

 

(h) FP 2006-189

Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Continued Status

(JLCAR Deadline June 18, 2007.)

 

 

(i) FP 2006-196

Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Acute Care Facilities

(JLCAR Deadline June 7, 2007.)

 

 

(j) FP 2007-5

Approval

BOARD OF MARITAL MEDIATOR CERTIFICATION

Certification Requirements

(JLCAR Deadline June 8, 2007.)

 

 

(k) FP 2007-7

Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Long Term Care Facilities

(JLCAR Deadline June 7, 2007.)

 

 

(l) FP 2007-22

Approval

N.H. LOTTERY COMMISSION

Rules for Prize Assignments

(JLCAR Deadline June 1, 2007.)

 

 

(m) FP 2007-26

Approval

INSURANCE DEPARTMENT

Permitting the Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities

(JLCAR Deadline June 11, 2007.)

 

 

(n) FP 2007-31

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Public Health Laboratories (PHL) Fee Schedule

(JLCAR Deadline June 18, 2007.)

 

 

(o) FP 2007-32

Approval

PARI-MUTUEL COMMISSION

Organizational Rules

(JLCAR Deadline June 4, 2007.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

 

(No items)

 

 

 

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

 

(Selected 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 April 20, 2007:

 

FP 2007-15

DEPARTMENT OF ENVIRONMENTAL SERVICES

 

Water Quality and Quantity Programs

Clean Water Revolving Loan Fund

(Response received and confirmed 4-26-07.)

 

Conditionally Approved May 4, 2007:

 

 

FP 2007-2

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Fees

Rules of Practice and Procedure

(Response not yet received.)

 

 

REGULAR AGENDA

 

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

 

 

6. OR 2006-111

Approval with Recommendation

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Sludge Management Rules

(JLCAR Deadline June 19, 2007.)

(Formerly Item #16 on 5-4-07 agenda.)

NOTE: Pursuant to Committee vote 5-4-07, oral public testimony will not be accepted at this time.

 

 

7. INT 2007-13

Approval

WATER COUNCIL

Water Council Procedural Rules

(JLCAR Deadline July 19, 2007. Existing regular rules will expire June 9, 2007.)

 

 

8. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) INT 2007-14

Approval with Understanding

Commissioner

Treatment Plan Components for Sexually Violent Predators

(JLCAR Deadline August 9, 2007. Rules proposed pursuant to RSA 135-E, effective
January 1, 2007.)

 

 

(b) FP 2006-166

Approval with Understanding

Former Division of Public Health Services

Shellfish Sanitation

(JLCAR Deadline May 28, 2007.)

 

 

(c) OR 2007-23

Final Objection

Division of Elderly and Adult Services

Nursing Facility Reimbursement Amendments

(JLCAR Deadline August 7, 2007. Existing emergency rules will expire May 30, 2007.)

 

 

9. FP 2007-8

Conditional Approval

DEPARTMENT OF JUSTICE

Office of the Chief Medical Examiner

(JLCAR Deadline May 24, 2007.)

 

 

10. INSURANCE DEPARTMENT

 

 

(a) FP 2006-168

No Action

Claim Settlement

(JLCAR Deadline May 21, 2007.)

 

 

(b) FP 2006-169

No Action

Standards for Safeguarding Customer Information

(JLCAR Deadline May 28, 2007.)

 

 

11. FP 2007-25

Postponed to 6/1/07 Continued Meeting

FISH AND GAME DEPARTMENT

Fish and Game Rules on the Importation, Possession and Use of All Wildlife; Non-Game Rule Relative to Reptiles

(JLCAR Deadline June 7, 2007. Existing interim rule will expire May 21, 2007.)

 

 

12. LUNCH BREAK

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

13. FP 2007-33

Postponed to 6/1/07 Continued Meeting

PARI-MUTUEL COMMISSION

Duties of Licensees

(JLCAR Deadline June 4, 2007.)

 

 

14. FP 2007-19

Postponed to 6/1/07 Continued Meeting

BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HELTH PROFESSIONALS

Fees Charged by the Governing Boards

(JLCAR Deadline June 18, 2007.)

 

 

15. FP 2006-172

Postponed to 6/1/07 Continued Meeting

DEPARTMENT OF LABOR

Department of Labor and Appeals Hearings - Rules of Practice

(JLCAR Deadline June 18, 2007. Former interim rules expired January 11, 2007.)

 

 

16. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2007-13

Postponed to 6/1/07 Continued Meeting

Former Division of Human Services

Institutional Residence, Special Medical Assistance Groups, and Standard of Need

(JLCAR Deadline June 18, 2007.)

 

 

(b) FP 2007-29

Postponed to 6/1/07 Continued Meeting

Former Division of Public Health Services

Birthing Center Rules

(JLCAR Deadline June 18, 2007.)

 

 

(c) FP 2007-40

Postponed to 6/1/07 Continued Meeting

Former Division of Mental Health and Developmental Services

Nursing Facility Preadmission Screening and Annual Resident Review (PASARR)

(JLCAR Deadline June 18, 2007.)

 

 

17. FP 2007-27

Postponed to 6/1/07 Continued Meeting

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Livestock Dealer Licensing and Slaughter of Cervidae and Bison

(JLCAR Deadline June 18, 2007.)

 

 

18. FP 2007-30

Postponed to 6/1/07 Continued Meeting

DEPARTMENT OF REVENUE ADMINISTRATION

Forms

(JLCAR Deadline June 18, 2007.)

 

 

19. OR 2006-197

Postponed to 6/1/07 Continued Meeting

BOARD OF MEDICINE

Rules Regarding Physicians Licensed or Applying for a License in New Hampshire

(JLCAR Deadline July 24, 2007.)

 

 

20. Remaining Responses to Preliminary and Revised Objections made in April 20, 2007 Meeting But Not Yet Received by Committee Staff.

 

 

(a) ROR 2006-150

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline July 24, 2007. Existing interim rules expired December 13, 2006.)

 

 

21. Remaining Responses to Preliminary Objections made in May 4, 2007 Meeting But Not Yet Received by Committee Staff.

 

 

(a) OR 2007-1

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Lead Poisoning Prevention and Control Rules

(JLCAR Deadline August 7, 2007.)

 

 

OTHER BUSINESS

 

22. Other