JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

AUGUST 15, 2013 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Peter B. Schmidt, Vice-Chair

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Bette Lasky

Rep. James R. MacKay

Sen. Jim Rausch

Rep. Carol M. McGuire

Sen. David Watters

Rep. Tara A. Sad

Sen. Peter Bragdon (Alt.)

Rep. Richard W. Barry (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Andy Sanborn (Alt.)

Rep. David H. Kidder (Alt.)

Sen. Nancy Stiles (Alt.)

Rep. Mary S. Nelson (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 2013-55
Approval

HEALTH SERVICES PLANNING AND REVIEW BOARD

Cardiac Services

(JLCAR Deadline September 9, 2013.)

 

 

(b) FP 2013-58
Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Application Form, Required Documents, and Letters of Reference

(JLCAR Deadline August 26, 2013.)

 

 

(c) FP 2013-59
Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

License Renewal, Continuing Education, Audit Procedure, Reinstatement, and Supervisors

(JLCAR Deadline August 26, 2013.)

 

 

(d) FP 2013-60
Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Initial Application Form and Required Documents

(JLCAR Deadline September 3, 2013.)

 

 

(e) FP 2013-61
Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Renewal Procedures, Renewal Application Form, Required Documents, Continuing Competency, Continuing Competency Audit Procedures, Lapsed License Reinstatement, Supervision

(JLCAR Deadline September 3, 2013.)

 

 

(f) FP 2013-73*
Approval

BOARD OF CHIROPRACTIC EXAMINERS

Investigations

(JLCAR Deadline September 3, 2013.)

*The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

(g) FP 2013-74*
Approval

BOARD OF CHIROPRACTIC EXAMINERS

Explanation of Adopted Rules

(JLCAR Deadline September 3, 2013.)

*The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

(h) FP 2013-75*
Approval

BOARD OF CHIROPRACTIC EXAMINERS

Granting of Initial Application, Application Process, and Application Processing Procedures

(JLCAR Deadline September 3, 2013.)

*The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

(i) FP 2013-77*
Approval

BOARD OF CHIROPRACTIC EXAMINERS

Qualifications for Initial Licensure

(JLCAR Deadline September 3, 2013.)

*The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

(j) FP 2013-82
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid Home Visiting New Hampshire Program Eligibility

(JLCAR Deadline September 16, 2013.)

 

 

(k) FP 2013-83
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Definitions Impacting All Categories of Financial and Medical Assistance

(JLCAR Deadline September 6, 2013.)

 

 

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 June 21, 2013

 

 

FP 2012-173

PHARMACY BOARD

Code of Ethics (Standard of Conduct)

(Response not yet received.)

 

 

Conditionally Approved July 18, 2013

 

 

FP 2013-11

UNEMPLOYMENT COMPENSATION APPELLATE BOARD

Rules of Procedure for the Appellate Board

(Response received 8-9-13 and confirmed 8-9-13.)

 

 

FP 2013-25

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Certification of Wastewater Treatment Plant Operators

(Response received 7-25-13 and confirmed 7-25-13.)

 

 

FP 2013-9

DEPARTMENT OF ENVIRONMENTAL SERVICES

Oil and Remediation Programs

Underground Storage Tank Facilities

(Response received 7-19-13 and confirmed 7-25-13.)

 

 

Conditionally Approved August 1, 2013

 

 

FP 2013-30

PUBLIC UTILITIES COMMISSION

Rules for Water Service

(Response not yet received.)

 

 

FP 2013-31

PUBLIC UTILITIES COMMISSION

Rules for Sewer Utilities

(Response not yet received.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. BOARD OF FIRE CONTROL

 

 

FP 2013-10

Conditional Approval

Board of Fire Control Organizational Rules and Practice and Procedural Rules

(JLCAR Deadline August 19, 2013.)

 

 

8. 9:30 a.m. DEPARTMENT OF SAFETY

 

 

(a) FP 2012-206
Conditional Approval

School Bus Transportation Rules

(JLCAR Deadline August 26, 2013.)

 

 

(b) OR 2012-204
Approval with Understanding

Explosive Rules

(JLCAR Deadline October 1, 2013.)

 

 

(c) OR 2012-205

Approval with Understanding

Various Procedural and Hearing Rules

(JLCAR Deadline October 1, 2013.)

 

 

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

 

(a) INT 2013-11
Approval

Former Division of Mental Health and Developmental Services

Employment Services

(JLCAR Deadline October 23, 2013. Existing rules will expire August 22, 2013.)

 

 

(b) EXRF 2013-1
Approval with Understanding

Former Division of Mental Health and Developmental Services

Healthcare Coordination and Administration of Medications - Form 1201-A; 1201-B; 1201-C; & NH BDS Request for Waiver to He-M 1201

(No JLCAR Deadline.)

 

10. 10:00 a.m. RACING AND CHARITABLE GAMING COMMISSION

 

 

FP 2012-213
Approval with Recommendation

Racetrack License Applications and Non-refundable Investigation Fees

(JLCAR Deadline September 3, 2013.)

 

 

11. 10:15 a.m. BOARD OF CHIROPRACTIC EXAMINERS

 

 

(a) FP 2013-76
Conditional Approval

Application Process for New Applicants

(JLCAR Deadline September 3, 2013.)

 

 

(b) FP 2013-78
Conditional Approval with Recommendation

Examinations

(JLCAR Deadline September 3, 2013.)

 

 

(c) FP 2013-79
Conditional Approval with Recommendation

Licensure by Endorsement

(JLCAR Deadline September 3, 2013.)

 

12. 10:30 a.m. DEPARTMENT OF EMPLOYMENT SECURITY

 

 

(a) FP 2013-48
Postponed to 9/5/13 Continued Meeting

Adjustment of Overpaid Benefit Accounts By Compromise

(JLCAR Deadline September 16, 2013.)

 

 

(b) FP 2013-49
Postponed to 9/5/13 Continued Meeting

Offset of Federal Tax Refund Payments

(JLCAR Deadline September 16, 2013.)

 

 

(c) FP 2013-50
Postponed to 9/5/13 Continued Meeting

Interest on Overpayments

(JLCAR Deadline September 16, 2013.)

 

 

13. 11:15 a.m. PHARMACY BOARD

 

 

(a) OR 2012-174
Postponed to 9/5/13 Continued Meeting

Limitation on Access

(JLCAR Deadline September 24, 2013.)

(Response not yet received.)

 

 

(b) OR 2012-175
Postponed to 9/5/13 Continued Meeting

Presence of Pharmacists

(JLCAR Deadline September 24, 2013.)

(Response not yet received.)

 

 

(c) OR 2012-176
Postponed to 9/5/13 Continued Meeting

Transfer of Prescription

(JLCAR Deadline September 24, 2013.)

(Response not yet received.)

 

 

(d) OR 2012-177
Postponed to 9/5/13 Continued Meeting

Pharmacist-in-Charge, Corporate Entity Requirements, Duties

(JLCAR Deadline September 24, 2013.)

(Response not yet received.)

 

OTHER BUSINESS

14. 11:30 a.m. Other