JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JUNE 17, 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 2015-198
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Alternative Benefit Plan and Premium Assistance Program

(JLCAR Deadline July 11, 2016.  Existing interim rule will expire June 29, 2016.)

 

 

(b)  FP 2015-209
Approval

DEPARTMENT OF ADMINISTRATIVE SERVICES

Amendments to Loss Prevention

(JLCAR Deadline June 27, 2016.)

 

 

(c)  FP 2016-12
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Municipal Waste Combustion

(JLCAR Deadline July 18, 2016.)

 

 

(d)  FP 2016-30
Approval

BOARD OF NURSING

Continued Status and Continuing Education

(JLCAR Deadline July 5, 2016.)

 

 

(e)  FP 2016-35
Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Requirements for Conditional Initial Licensure

(JLCAR Deadline July 18, 2016.)

 

 

(f)  FP 2016-37
Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Ethical Standards

(JLCAR Deadline July 18, 2016.)

 

 

(g)  FP 2016-38
Approval

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Requirements for Speech-Language Assistants

(JLCAR Deadline July 18, 2016.)

 

 

(h)  FP 2016-46
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Financial Assistance to Needy Families Change in Verification Requirement When Residency is Questionable

(JLCAR Deadline July 18, 2016.)

 

 

(i)  FP 2016-55
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Financial Assistance to Needy Families Payment Standard and the Definition of Able Bodied Adult Without Dependents in the Food Stamp Program

(JLCAR Deadline July 5, 2016.)

 

 

(j)  FP 2016-58
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Food Stamp Program Disqualifications for Voluntary Quit

(JLCAR Deadline July 18, 2016.)

 

 

(k)  FP 2016-59
Approval

DEPARTMENT OF SAFETY

Driver Education Eligibility Rules

(JLCAR Deadline July 18, 2016.)

 

 

(l)  FP 2016-60
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Methods of Payment and Transportation Assistance for the New Hampshire Employment Program (NHEP)

(JLCAR Deadline July 15, 2016.)

 

 

(m)  FP 2016-65
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Home Visiting New Hampshire and Child/Family Health Care Support Services

(JLCAR Deadline July 18, 2016.)

 

 

(n)  FP 2016-66
Approval

DEPARTMENT OF SAFETY

Official Motor Vehicle Inspection Requirements

(JLCAR Deadline July 18, 2016.  Existing Emergency rule provisions will expire July 5, 2016.)

 

 

(o)  FP 2016-67
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Designated Receiving Facilities for Developmental Services

(JLCAR Deadline July 18, 2016.  Existing interim rule provisions will expire July 1, 2016. Other provisions expired January 3, 2016.)

 

 

(p)  INT 2016-14
Approval

CURRENT USE BOARD

Explanation of Adopted Rules and Conduct of Public Forums

(JLCAR Deadline August 31, 2016.  Former rules expired February 18, 2014.)

 

 

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 May 20, 2016:

 

 

FP 2016-28

FISH AND GAME DEPARTMENT

Fish and Game 2016 Wildlife, Baiting Permits and Permit to Use Dogs to Take Bear

(Response received 5-26-16 and confirmed 5-27-16.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    BOARD OF NURSING

 

 

(a)  FP 2016-31
Conditional Approval

Nursing Education Program Approval

(JLCAR Deadline July 5, 2016.)

 

 

(b)  FP 2016-33
Approval

Certificate of Medication Administration for Licensed Nursing Assistants and Medication Administration Education Program

(JLCAR Deadline July 5, 2016.)

 

 

(c)  FP 2016-42
Conditional Approval

Continuing Education for Nursing Assistants

(JLCAR Deadline July 5, 2016.)

 

 

8.   9:30 a.m.    GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

 

 

FP 2016-36
Conditional Approval

Continued Status

(JLCAR Deadline July 18, 2016.)

 

 

9.   9:35 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2016-56
Conditional Approval

Former Division of Human Services

Expiring Rules Related to Personal Property Resources in the Cash and Medical Assistance Programs, and Required Verifications and Eligibility Certification Periods in the Food Stamp Program

(JLCAR Deadline July 18, 2016.)

 

 

(b)  FP 2015-152
Conditional Approval

Former Division of Human Services

Home Health Services

(JLCAR Deadline July 18, 2016.)

 

 

10. 9:50 a.m.    DEPARTMENT OF SAFETY

 

 

(a)  FP 2016-25
Approval

Readoption of Emergency Communications Rules

(JLCAR Deadline July 18, 2016.)

 

 

(b)  FP 2016-51
Approval

Non-United States Citizen Driver's License Extension Rules

(JLCAR Deadline July 18, 2016.)

 

 

11. 10:15 a.m.  CURRENT USE BOARD

 

 

INT 2016-15
Approval

Criteria for Current Use

(JLCAR Deadline August 31, 2016.  Former rules expired February 18, 2014 and
February 23, 2015.)

 

 

12. 10:20 a.m.  BOARD OF EDUCATION

 

 

INT 2016-16
Approval

Manifest Educational Hardship

(JLCAR Deadline September 7, 2016.  Former rules expired May 16, 2016.)

 

 

13. 10:25 a.m.  BOARD OF DENTAL EXAMINERS

 

 

FP 2016-74
Approval

Opioid Prescribing Rule

(JLCAR deadline July 25, 2016.  Existing emergency rule will expire
July 3, 2016.)

 

 

14. 10:30 a.m.  Discussion on proposed amendments to the Drafting and Procedure Manual for Administrative Rules due to 2016 legislation.

Hearing Scheduled
for 7/21/16

 

15. 10:45 a.m.  Status report on notifications to agencies of expired rules.

No Further Action

 

 

OTHER BUSINESS

16. 11:00 a.m.

No Further Action