JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

MAY 25, 2006 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Robert B. Flanders

Betsey L. Patten, Vice Chair

Robert E. Clegg

Kathleen N. Taylor

Robert J. Letourneau

Janet G. Wall

Iris W. Estabrook

Elbert I. Bicknell

Martha Fuller Clark

Nelson S. Allan

Bob Odell (Alt.)

Sharon M. Carson (Alt.)

Peter E. Bragdon (Alt.)

Alida I. Millham (Alt.)

Andre A. Martel (Alt.)

Maurice L. Pilotte (Alt.)

Sylvia B. Larsen (Alt.)

Cynthia J. Dokmo (Alt.)

Lou D'Allesandro (Alt.)

Bonnie G. Mitchell (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.

 

1. 9:00 am Convene and Review Minutes

10. 11:00 am Disc. on ER Emp

 

11. 11:15 am FP's 2006-28 & 29 Puc

Consent Agenda

12. 11:45 am INT 2006-19 Nur

2. 9:05 am Final Proposals

13. 12:00 pm FP's 2006-32, 33, 25, & 31 Rev

3. 9:10 am Objection Responses

14. 1:00 pm LUNCH BREAK

4. 9:15 am Preliminary Objections

15. 2:00 pm FP 2005-214 Liq

 

16. 2:45 pm FP's 2006-19, 39, & 43 Saf-C

Regular Agenda

17. 3:30 pm FP 2006-42 He-C

5. 9:17 am Postpone Items

18. 4:00 pm OR's from 3-24-06 Meeting

6. 9:20 am FP's 2006-22 He-W & 2006-23 He-C,

19. 4:15 pm OR's from 4-21-06 Meeting

INT 2006-17 He-M & FP 2006-20 He-P

 

7. 9:45 am FP 2006-27 & INT 2006-20 Med

Other Business

8. 10:00 am FP 2006-5 Ve-H

20. 4:30 pm Other

9. 10:45 am FP 2005-222 Ed

 

 

 

 

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:

 

 

(a) FP 2005-166

Approval

NATUROPATHIC BOARD OF EXAMINERS

Reinstatement of Lapsed and Suspended Licenses; New Licenses Required After Denial of Renewal

(JLCAR Deadline June 1, 2006.)

 

 

(b) FP 2006-3

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Personal Property Resources

(JLCAR Deadline June 19, 2006.)

 

 

(c) FP 2006-10

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Air Resources

Permits for the Combustion of Non-Exempt Fuel

(JLCAR Deadline June 5, 2006.)

 

 

(d) FP 2006-30

Approval

FISH AND GAME DEPARTMENT

Wildlife Rules for 2006/2007

(JLCAR Deadline June 19, 2006.)

 

 

(e) FP 2006-34

Approval

PARI-MUTUEL COMMISSION

Rules of Practice

(JLCAR Deadline May 26, 2006.)

 

 

(f) FP 2006-41

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Ambulance Services

(JLCAR Deadline June 19, 2006. Existing interim rule expires May 31, 2006.)

 

 

(g) FP 2006-47

Approval

FIRE STANDARDS AND TRAINING COMMISSION

Waiver Rule

(JLCAR Deadline June 19, 2006.)

 

 

(h) INT 2006-15

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights of Persons Receiving Mental Health Services in the Community

(JLCAR Deadline July 20, 2006. Existing regular rules expire May 27, 2006.)

 

 

(i) INT 2006-16

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights of Persons Receiving Developmental Services in the Community

(JLCAR Deadline July 20, 2006. Existing regular rules expire May 27, 2006.)

 

 

(j) INT 2006-18

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Podiatrist Services

(JLCAR Deadline August 10, 2006. Existing regular rules expire May 22, 2006.)

 

 

3. Committee Acceptance of Agency Responses to Objections:

 

(a) OR 2005-218

Accepted/Approved

INSURANCE DEPARTMENT

Ins 1906 Discontinuance and Replacement of Group Accident and Health Coverage

(JLCAR Deadline July 25, 2006.)

 

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 HEALTH AND HUMAN SERVICES

 

(a) FP 2006-22

Automatic Approval

Former Division of Human Services

Pharmaceutical Services - Lock-In Program

(JLCAR Deadline May 22, 2006. Automatically Approved after that date.)

(Formerly Item #12(e) on 4-21-06 agenda.)

 

 

(b) FP 2006-23

Automatic Approval

Commissioner

Scheduling of Substances

(JLCAR Deadline May 22, 2006. Automatically Approved after that date.

Former regular rules expired April 30, 2006.)

(Formerly Item #12(f) on 4-21-06 agenda.)

 

 

(c) INT 2006-17

Approval

Former Division of Mental Health and Developmental Services

Rights of Persons in State Mental Health Facilities

(JLCAR Deadline July 20, 2006. Existing regular rules expire May 27, 2006.)

 

 

(d) FP 2006-20

Approval with understanding

Former Division of Public Health Services

New Hampshire Cold Storage Rules

(JLCAR Deadline June 19, 2006.)

 

 

7. BOARD OF MEDICINE

 

 

(a) FP 2006-27

Conditional Approval

Rules Governing the Practice of Physician Assistants

(JLCAR Deadline May 26, 2006. Some existing regular rules expired

March 25, 2005.)

 

 

(b) INT 2006-20

Approval

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

(JLCAR Deadline August 10, 2006. Former regular rules expired May 30, 2005 and September 15, 2005.)

 

 

 

 

8. FP 2006-5

Approval

BOARD OF MANAGERS OF N.H. VETERANS HOME

Full Pay Applicants

(JLCAR Deadline June 1, 2006.)

 

 

9. FP 2005-222

Conditional Approval

BOARD OF EDUCATION

Certification Standards for Educational Personnel, Approval of Professional Preparation Programs

(JLCAR Deadline June 2, 2006.)

 

 

10. Discussion on the following emergency rule effective May 10, 2006: - Postponed to 6/2/06 Continued Meeting

 

DEPARTMENT OF EMPLOYMENT SECURITY

Application of Wages

 

11. PUBLIC UTILITIES COMMISSION

 

(a) FP 2006-28

Conditional Approval

Organizational Rules

(JLCAR Deadline June 19, 2006.)

 

 

(b) FP 2006-29

Conditional Approval

Rules for General Operations, Adjudicative Proceedings, and Complaints

(JLCAR Deadline June 19, 2006. Former interim rules expired February 19, 2006.)

 

 

12. INT 2006-19

Approval

BOARD OF NURSING

Practice and Procedure; Licensing Requirements; Education; Nursing Assistants

(JLCAR Deadline August 10, 2006. Existing regular rules expire June 26, 2006.)

 

 

13. DEPARTMENT OF REVENUE ADMINISTRATION

 

(a) FP 2006-32

Conditional Approval

Procedural Rules

(JLCAR Deadline June 19, 2006. Existing regular rules expire May 19, 2006.)

 

 

(b) FP 2006-33

Conditional Approval

Railroad and Private Railroad Car Companies

(JLCAR Deadline June 19, 2006. Former regular rules expired April 18, 2006.)

 

 

(c) FP 2006-25

Objection

Meals and Rentals

(JLCAR Deadline June 12, 2006.)

 

 

(d) FP 2006-31

Approval

Monitoring

(JLCAR Deadline June 16, 2006.)

 

 

14. LUNCH BREAK

 

15. FP 2005-214

Postponed to 6/2/06

Continued Meeting

LIQUOR COMMISSION

Procedural Rules and Enforcement Policy

(JLCAR Deadline June 12, 2006. Existing interim rules expire June 29, 2006.)

 

16. DEPARTMENT OF SAFETY

 

(a) FP 2006-19

Postponed to 6/2/06

Continued Meeting

Voluntary Certification of Heating Technicians

(JLCAR Deadline June 19, 2006.)

 

 

(b) FP 2006-39

Postponed to 6/2/06

Continued Meeting

Various Carnival Amusement Ride Rules

(JLCAR Deadline June 19, 2006.)

 

 

(c) FP 2006-43

Postponed to 6/2/06

Continued Meeting

Various Operation of the Central Repository Criminal Record Rules

(JLCAR Deadline June 19, 2006.)

 

17. FP 2006-42

Postponed to 6/2/06

Continued Meeting

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Foster Family Care Licensing Requirements

(JLCAR Deadline June 19, 2006.)

 

 

18. Remaining Responses to Preliminary Objections made in March 24, 2006 Meeting But Not Yet Received by Committee Staff.

 

(a) OR 2005-213

POSTSECONDARY EDUCATION COMMISSION

Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning

(No JLCAR deadline since agency objection response deadline has been waived.)

 

 

19. Remaining Responses to Preliminary Objections made in April 21, 2006 Meeting But Not Yet Received or Not Yet Reviewed by Committee Staff.

(JLCAR Deadline July 25, 2006.)

 

 

(a) OR 2005-231

BOARD OF NURSING

Nurse Licensure Compact Rules

(Withdrawn by agency. No further Committee action is necessary.)

 

 

(b) OR 2006-24

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Residential Facilities

 

 

OTHER BUSINESS

 

20. Other