JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JULY 16, 2015 - 9:00 a.m.

ROOMS 305/307 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:

 

 

(a) FP 2015-45
Approval

BOARD OF ARCHITECTS

Rules Regarding Licensure Requirements; Continued Status, Ethical Standards, and License Surrender

(JLCAR Deadline July 24, 2015.)

 

 

(b) FP 2015-70
Approval 0

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Employment Related Child Care

(JLCAR Deadline August 14, 2015.)

 

 

(c) FP 2015-77
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Allowable Deductions for the Financial Assistance and

Medicaid Programs, and Eligibility for Nursing Facility Assistance

(JLCAR Deadline August 14, 2015.)

 

 

(d) FP 2015-81
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

General Program Information

(JLCAR Deadline August 7, 2015.)

 

 

(e) FP 2015-84
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Use of Radiation Machines: Administrative Requirements and General Requirements for
All Diagnostic and Veterinary X-Ray Machines

(JLCAR Deadline August 17, 2015. Existing interim rules will expire July 22, 2015.)

 

 

(f) FP 2015-85
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Use of Radiation Machines: Therapeutic Radiation Machines

(JLCAR Deadline August 17, 2015. Existing interim rules will expire July 22, 2015.)

 

 

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

 

 

(No Items)

 

 

 

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

 

 

(a) ROR 2015-24
Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Requirements for Licensure

(JLCAR Deadline September 29, 2015.)

 

 

(b) ROR 2015-25
Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Requirements for Reinstatement

(JLCAR Deadline September 29, 2015.)

 

 

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 June 19, 2015

 

 

FP 2015-56

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Registration of Radiation, Magnetic Resonance Imaging and Service Providers

(Response received 6-22-15 and confirmed 6-23-15.)

 

 

FP 2014-182

DEPARTMENT OF SAFETY

Commissioner

Readoption of Administrative License Suspension Rules

(Response received 6-26-15 and confirmed 6-30-15.)

 

 

FP 2014-183

DEPARTMENT OF SAFETY

Commissioner

Readoption of Railroad Police Rules

(Response received 6-26-15 and confirmed 6-30-15.)

 

 

FP 2015-52

INSURANCE DEPARTMENT

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

(Response received 6-24-15 and confirmed 6-25-15.)

 

 

FP 2015-57

INSURANCE DEPARTMENT

Requirements for Accident and Health Insurance Rate Submissions

(Response received 6-24-15 and confirmed 6-25-15.)

 

 

FP 2014-188

BOARD OF EDUCATION

Curriculum Administrator

(Response not yet received.)

 

 

FP 2015-58

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Fees for Certificates of Registration, Radioactive Material Licenses, and Other Regulatory Services

(Response received 6-22-15 and confirmed 6-23-15.)

 

 

FP 2015-71

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Homestead Food Operations and Rabbit and Poultry Exempt Producers

(Response received 6-22-15 and confirmed 6-23-15.)

 

 

Conditionally Approved June 26, 2015

 

 

FP 2015-47

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Requirements for Initial Licensure

(Response received 7-8-15 and confirmed 7-8-15.)

 

 

FP 2015-48

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Requirements for Reinstatement of Licensure

(Response received 7-8-15 and confirmed 7-8-15.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2015-55
Approval

Air Related Programs

Owner or Operator Recordkeeping and Reporting Obligations

(JLCAR Deadline August 10, 2015.)

 

 

8. 9:25 a.m. PUBLIC UTILITIES COMMISSION

 

 

(a) FP 2015-14
Conditional Approval

Affiliate Transactions

(JLCAR Deadline July 20, 2015.)

(Formerly Item #11(a) on 6-19-15 and 6-26-15 agendas.)

 

 

(b) FP 2015-46
Conditional Approval

NH Code for Energy Conservation in New Building Construction

(JLCAR Deadline July 20, 2015.)

(Formerly Item #11(b) on 6-19-15 and 6-26-15 agendas.)

 

 

9. 9:45 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2015-67
Postponed to 8/20/15

Regular Meeting

Waiver Requested

Former Division of Human Services TO BE POSTPONED;

Medicaid Managed Care JLCAR WAIVER NECESSARY

(JLCAR Deadline July 20, 2015.)

(Formerly Item #13(b) on 6-19-15 and 6-26-15 agendas.)

 

 

(b) FP 2015-82
Conditional Approval

Former Division Mental Health and Developmental Services

Eligibility and the Process of Providing Services

(JLCAR Deadline August 17, 2015.)

 

 

(c) INT 2015-6
Approval

Former Division of Public Health Services

Licensing of Radioactive Materials

(JLCAR Deadline October 7, 2015. Existing regular rules will expire August 7, 2015.)

 

 

(d) INT 2015-7
Approval

Former Division of Public Health Services

Use of Radionuclides in the Healing Arts

(JLCAR Deadline October 7, 2015. Existing regular rules will expire August 7, 2015.)

 

 

10. 10:00 a.m. GOVERNING BOARDS UNDER THE OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

 

 

(a) FP 2015-41
Conditional Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Requirements for Initial Licensure

(JLCAR Deadline July 27, 2015.)

 

 

(b) FP 2015-42
Conditional Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Continued Status

(JLCAR Deadline July 27, 2015.)

 

 

(c) ROR 2015-18
Postponed to 8/20/15

Regular Meeting

GOVERNING BOARD OF PHYSICAL THERAPISTS TO BE POSTPONED

Requirements for Initial Licensure

(JLCAR Deadline September 29, 2015.)

(Response not yet filed. Response due by August 10, 2015.)

 

 

(d) ROR 2015-21
Postponed to 8/20/15

Regular Meeting

GOVERNING BOARD OF ATHLETIC TRAINERS TO BE POSTPONED

Continued Status

(JLCAR Deadline September 29, 2015.)

(Response not yet filed. Response due by August 10, 2015.)

 

 

11. 10:10 a.m. FISH AND GAME DEPARTMENT

 

 

(a) INT 2015-3
Approval

Taking Bear with Crossbow

(JLCAR Deadline September 30, 2015. Interim rule implements HB 336 (2015, 223),
effective August 7, 2015.)

 

 

(b) INT 2015-4
Conditional Approval

Newborn Lifetime License

(JLCAR Deadline October 7, 2015. Interim rule implements SB 183 (2015, 36), effective
July 1, 2015.)

 

 

(c) Emergency Rule

No Further Action

Temporary License and Permit Fees

Document #10874, effective July 1, 2015

 

 

12. 10:20 a.m. DEPARTMENT OF SAFETY

 

 

INT 2015-5
Approval

Commissioner

Motor Vehicle Inspection Requirements

(JLCAR Deadline October 7, 2015. Most of the former rules expired June 22, 2015.)

 

 

13. 10:30 a.m. Discussion on the following emergency rule:

 

 

No Further Action

PASSENGER TRAMWAY SAFETY BOARD

Orphan Lift Inspection Rules

Document #10872, effective June 30, 2015

 

 

14. 10:40 a.m. PHARMACY BOARD

 

 

FP 2015-32
Approval with Recommendation

Standards of Practice

(JLCAR Deadline August 3, 2015.)

 

 

15. 10:50 a.m. PEASE DEVELOPMENT AUTHORITY

 

 

FP 2015-35
Conditional Approval

Slip Permits; State-Owned Restricted Piers

(JLCAR Deadline August 10, 2015.)

 

 

16. 11:00 a.m. NH LOTTERY COMMISSION

 

 

FP 2015-73
Conditional Approval with Recommendation

Rules for Sales Agents

(JLCAR Deadline August 17, 2015.)

 

 

17. 11:15 a.m. Discussion on the following emergency rule:

 

 

No Further Action

BOARD OF EDUCATION

Minimum Standards for Public School Approval

Document #10870, effective June 29, 2015

 

 

18. 11:20 a.m. Discussion on status of response to the following Committee rulemaking petitions:

 

 

(a) Board of Education relative to incorporation by reference of a code of ethics for teachers.

No Further Action

 

 

(b) Commissioner of the Department of Agriculture, Markets and Food relative to registration of poultry and rabbit producers to implement RSA 143-A:16, II.

Postponed to 8/20/15

Regular Meeting

 

OTHER BUSINESS

19. 11:30 a.m.