JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

AUGUST 15, 2019 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Jay Kahn

Rep. Carol M. McGuire

Sen. Ruth Ward

Rep. Peter B. Schmidt

Sen. David Watters

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Timothy Fontneau (Alt.)

Sen. Shannon Chandley (Alt.)

Rep. David Karrick (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. Timothy Lang (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. James Gray (Alt.)

Rep. John Sytek (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, 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 Revision to Form

EXIR – Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals, Proposed Interim Rules, and Proposed Expedited Revision to Forms:

 

 

(a)  FP 2019-33
Preliminary Objection

PHARMACY BOARD

Registered and Certified Pharmacy Technician Duties

(JLCAR Deadline September 5, 2019.)

 

 

(b)  FP 2019-77
Approval

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Organizational Rules, Practice and Procedure Rules

(JLCAR Deadline September 16, 2019.)

 

 

(c)  FP 2019-93
Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Eligibility Requirements

(JLCAR Deadline September 16, 2019.)

 

 

(d)  FP 2019-104
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Notice of Intent to Cut Wood or Timber

(JLCAR Deadline September 16, 2019.)

 

 

(e)  INT 2019-21
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Allocated Income

(JLCAR Deadline November 6, 2019.  Existing rules will expire August 20, 2019.)

 

 

(f)  EXRF 2019-2
Approval

DEPARTMENT OF LABOR

Employer’s First Report of Injury

(No JLCAR Deadline.)

 

 

(g)  EXRF 2019-4
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Expedited Revision to “Request for Certification of Community Residence and/or
Community Participation Services Provider”

(No JLCAR Deadline.)

 

 

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

 

 

(a)  FP 2019-78
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Special Supplemental Nutrition Program for Women, Infants and Children (WIC)

(JLCAR Deadline August 30, 2019.)

 

 

(b)  INT 2019-22
Conditional Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Claimant Requirements

(JLCAR Deadline November 6, 2019.  Interim rule implements 2019, 227:1 (HB 62),
effective July 12, 2019.)

 

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

 

(a)  OR 2019-83
Approval

CURRENT USE BOARD

Organizational and Practice and Procedure Rules and Rules on Criteria for Open Space Current Use Assessment

(JLCAR Deadline October 23, 2019.)

 

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 July 18, 2019:

 

 

FP 2019-14

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Discharges to Groundwater of Wastewater Containing Certain Per- and Polyfluoroalkyl Substances

(Response received July 19, 2019 and confirmed July 19, 2019.)

 

 

FP 2019-37

LOTTERY COMMISSION

Games of Chance

(Response received July 25, 2019 and confirmed July 25, 2019.)

 

 

FP 2019-57

BOARD OF EDUCATION

Minimum Standards for Computer Science and Kindergarten

(Response received August 8, 2019 and confirmed August 8, 2019.)

 

 

FP 2019-64

OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Allied Health Organizational Forms

(Response received August 7, 2019 and confirmed August 7, 2019.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    BOARD OF REGISTRATION IN OPTOMETRY

 

 

FP 2019-61
Approval with Recommendation

Fee Schedule

(JLCAR Deadline August 15, 2019.)

(Formerly Item # 2(c) on 7-18-19 Agenda.)

 

 

8.   9:25 a.m.    BOARD OF NURSING

 

 

(a)  FP 2019-71
Postponed to
Sept. 20, 2019
Regular Meeting

Alternative Recovery Monitoring Program

(JLCAR Deadline September 16, 2019.)

 

 

(b)  FP 2019-96
Conditional Approval

Endorsement

(JLCAR Deadline September 16, 2019.)

 

 

9.   9:30 a.m.    MIDWIFERY COUNCIL

 

 

FP 2019-97
Conditional Approval

Complaint Procedures, Documentation for Initial Certification, Laceration Repairs

(JLCAR Deadline September 16, 2019.)

 

 

10. 9:35 a.m.    INSURANCE DEPARTMENT

 

 

FP 2019-87
Approval

Ancillary Health Minimum Standards for Benefits for Accident-Only and Specified
Accident Coverage

(JLCAR Deadline September 9, 2019.)

 

 

11. 9:40 a.m.    MILK SANITATION BOARD

 

 

FP 2019-58
Approval with Recommendation

Milk Sanitation Rules

(JLCAR Deadline September 3, 2019.)

 

 

12. 9:45 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2019-48
Conditional Approval

Former Division of Mental Health and Developmental Services

Participant Directed and Managed Services

(JLCAR Deadline September 9, 2019.)

 

 

(b)  FP 2019-79
Conditional Approval

Former Division of Public Health Services

New Hampshire Nursing Home Rules

(JLCAR Deadline September 3, 2019.)

 

 

(c)  FP 2019-66
Approval

Former Division of Public Health Services

Sanitary Production and Distribution of Food

(JLCAR Deadline September 16, 2019.)

 

 

(d)  EXRF 2019-3
No Further Action

Former Division of Human Services - WITHDRAWN, NO FURTHER ACTION NECESSARY

Granite Advantage Health Care Program Form: Licensed Medical Professional Certification of Medical Frailty

(No JLCAR Deadline.)

 

 

13. 10:00 a.m.  BOARD OF EDUCATION – TO BE POSTPONED

 

 

OR 2019-5
Postponed to
Oct. 17, 2019
Regular Meeting

Learn Everywhere Program for High School Graduation Credit

(JLCAR Deadline October 23, 2019.)

 

 

OTHER BUSINESS

 

14. 10:30 a.m.

 

(a)  Discussion on submission by Dr. Stephen K. Crawford, State Veterinarian, on fees imposed by Board of Veterinary Medicine.
No Further Action

 

(b)  Notice of hearing received from the Governing Board of Physical Therapists on use of Jus 800 Model Rules of Practice and Procedure in an adjudicative hearing on September 18, 2019, re: John A. Rufo.
No Further Action except directive to staff

 

(c)  Notice of hearing received from the Governing Board of Physical Therapists on use of Jus 800 Model Rules of Practice and Procedure in an adjudicative hearing on September 18, 2019, re: Rachael A. Banks.
No Further Action except directive to staff