JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

JUNE 18, 2021 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

WITH REMOTE OPTION

Instructions at http://gencourt.state.nh.us/rules/default.htm

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice-Chair

Sen. James Gray

Rep. Alan Bershtein

Sen. Suzanne Prentiss

Rep. William A. Hatch

Sen. Ruth Ward

Rep. Timothy P. Lang

Sen. Rebecca Whitley

Rep. Peter B. Schmidt

Sen. Kevin Avard (Alt.)

Rep. Fred Doucette (Alt.)

Sen. Regina Birdsell (Alt.)

Rep. Claire Rouillard (Alt.)

Sen. Sharon Carson (Alt.)

Rep. Terry Roy (Alt.)

Sen. Kevin Cavanaugh (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. Rebecca Perkins Kwoka (Alt.)

Rep. Edith Tucker (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, Remote Option Meeting Script, Roll Call, Suspension/Adoption of Committee Rules for Remote Option, Seating of Alternates, 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 Revisions to Form

EXIR Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

 

 

2. 9:05 a.m. Committee Approval of Final Proposals:

 

 

 

(a) FP 2021-33

Approval

DEPARTMENT OF LABOR

Youth Employment

(JLCAR Deadline July 13, 2021.)

 

 

(b) FP 2021-36

Approval

INSURANCE DEPARTMENT

Medical Professional Liability Insurance

(JLCAR Deadline July 26, 2021.)

 

 

(c) FP 2021-44

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid for Employed Adults with Disabilities

(JLCAR Deadline July 26, 2021. Emergency rule amendment expires July 6, 2021.)

 

 

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

 

 

 

(a) FP 2021-25

Conditional Approval

LIQUOR COMMISSION

Licensee Purchase, Discount, Credit, and Billing Procedures

(JLCAR Deadline July 19, 2021.)

 

 

(b) FP 2021-26

Conditional Approval

BOARD OF EDUCATION

Vocational Rehabilitation Programs

(JLCAR Deadline July 19, 2021. Former interim rule expired January 10, 2021.

Emergency rule effective January 11, 2021 but repealed January 15, 2021.)

 

 

(c) FP 2021-28

Conditional Approval

INSURANCE DEPARTMENT

Organizational Rules

(JLCAR Deadline July 12, 2021.)

 

 

(d) FP 2021-29

Conditional Approval

REAL ESTATE COMMISSION

Filing Requirements to Take the Licensing Examination and

Continuing Course Objectives

(JLCAR Deadline July 19, 2021.

 

 

(e) FP 2021-37

Conditional Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Continued Status

(JLCAR Deadline July 16, 2021.)

 

 

(f) FP 2021-42

Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol and Drug Abuse Prevention

Voluntary Registry for Recovery Houses

(JLCAR Deadline July 26, 2021. Existing interim rule expires June 28, 2021.)

 

 

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 is whether there is an agency response 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 16, 2021:

 

 

 

FP 2021-4

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Active in the Profession and Application Process

(Response received May 24, 2021 and confirmed May 25, 2021.)

 

 

Conditionally Approved May 21, 2021:

 

 

FP 2021-21

DEPARTMENT OF SAFETY

Commissioner

Permits for Hospital Emergency Lights

(Respomse not yet received.)

 

 

FP 2021-22

FISH AND GAME DEPARTMENT

Wildlife Seasons Biennal Rulemaking

(Response received May 24, 2021 and confirmed May 25, 2021.)

 

 

REGULAR AGENDA

 

 

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

 

 

7. 9:20 a.m. HOUSING APPEALS BOARD

 

 

(a) OR 2021-19

Accepted/Approved

Housing Appeals Board Organizational Rules and

Rules of Procedure

(JLCAR Deadline August 25, 2021.)

 

 

(b) OR 2021-20

Accepted/Approved

Housing Appeals Board Rules on Fees

(JLCAR Deadline August 25, 2021.)

 

 

8. 9:25 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

Discussion on the following emergency rule:

 

 

ER Doc. #13212

No Further Action

Former Division of Mental Health and Developmental Services

Designation of Receiving Facilities

(Effective May 28, 2021. Scheduled to expire November 21, 2021.)

 

 

9. 9:30 a.m. BOARD OF MEDICINE

 

 

(a) FP 2021-8

Conditional Approval

Physician Assistants

(JLCAR Deadline June 29, 2021.)

(Formerly Item #11 on May 21, 2021 Agenda.)

 

 

(b) FP 2021-27

Conditional Approval

Definitions and Opioids Used for Chronic Pain

(JLCAR Deadline July 9, 2021.)

 

 

10. 9:40 a.m. BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

 

 

FP 2021-11

Postponed to 7/15/21 Regular Meeting

Applications, Continuing Education Requirements, and Inspections

(JLCAR Deadline July 13, 2021.)

 

 

11. 9:45 a.m. N. H. PHARMACY BOARD

 

 

FP 2020-53

Postponed to 7/15/21 Regular Meeting

Mail Order/Nonresident Pharmacies

(JLCAR Deadline July 27, 2021.)

 

 

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

 

 

FP 2021-6

Conditional Approval

Organizational and Procedural Rules

(JLCAR Deadline July 19, 2021.)

 

 

13. 10:10 a.m. OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

 

 

Discussion on the following emergency rule:

 

 

ER Doc. #13213

No Further Action

Procedures for Issuing Temporary Licenses

(Effective June 11, 2021. Scheduled to expire December 8, 2021.)

 

 

OTHER BUSINESS

 

14. 10:15 a.m.