JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

AUGUST 16, 2018 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. William A. Hatch

Sen. Dan Feltes

Rep. Timothy Lang

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

Rep. Terry M. Wolf

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (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:

 

 

(a) FP 2018-20
Approval

 

BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

Explanation After Adoption

(JLCAR Deadline August 30, 2018.)

 

 

(b) FP 2018-26
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Inactive Asbestos Disposal Sites

(JLCAR Deadline August 31, 2018.)

 

 

(c) FP 2018-66
Approval

DEPARTMENT OF EMPLOYMENT SECURITY

Claimant Requirements

(JLCAR Deadline September 10, 2018.)

 

 

(d) FP 2018-71
Approval

DEPARTMENT OF SAFETY

Commissioner

Various Commercial Vehicle Licensing Rules

(JLCAR Deadline September 17, 2018.)

 

 

(e) FP 2018-96
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Residential Treatment Programs

(JLCAR Deadline September 4, 2018.)

 

 

(f) FP 2018-98
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Choices for Independence Waiver Program

(JLCAR Deadline August 30, 2018.)

 

 

(g) FP 2018-100
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Appeals of Division of Child Support Services, Actions, and Decisions

(JLCAR Deadline September 4, 2018.)

 

 

(h) FP 2018-103
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Child Support Annual Fee for Services

(JLCAR Deadline August 23, 2018.)

 

 

(i) FP 2018-110
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Fluctuating Income

(JLCAR Deadline September 10, 2018.)

 

 

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

 

 

(a) FP 2018-70
Conditional Approval

DEPARTMENT OF SAFETY

Commissioner

Various Driver Licensing Rules

(JLCAR Deadline September 17, 2018.)

 

 

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 not previously reported 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 19, 2018

 

 

FP 2017-162

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Therapeutic Cannabis Program - Alternative Treatment Centers

(Response received August 1, 2018 and confirmed August 1, 2018.)

 

 

FP 2018-7

REAL ESTATE APPRAISER BOARD

Apprentice Classification, Certificate and License Requirements; Continued Status

(Response not yet received.)

 

 

FP 2018-9

BOARD OF MEDICAL IMAGING AND RADIATION THERAPY

Requirements for Licensure

(Response received July 30, 2018 and confirmed July 30, 2018.)

 

 

FP 2018-10

BOARD OF MEDICAL IMAGING AND RADIATION THERAPY

Ethical Standards and Scope of Practice

(Response received July 30, 2018 and confirmed July 30, 2018.)

 

 

FP 2018-15

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Registration of Licensing Requirements; Renewal Forms; Violation Points for a Shop and/or Licensee; Ethical Standards; Tanning Owner Requirements

(Response not yet received.)

 

 

FP 2018-40

DEPARTMENT OF SAFETY

Unified Carrier Registration Agreement Rules

(Response received July 20, 2018 and confirmed July 20, 2018.)

 

 

FP 2018-61

BOARD OF ACUPUNCTURE LICENSING

Acupuncture Detoxification Specialists

(Response received July 19, 2018 and confirmed July 19, 2018.)

 

 

FP 2018-73

INSURANCE DEPARTMENT

Insurance Scores

(Response received July 26, 2018 and confirmed July 26, 2018.)

 

 

FP 2018-79

INSURANCE DEPARTMENT

Ancillary Health Minimum Standards for Benefits

(Response received July 26, 2018 and confirmed July 26, 2018.)

 

 

FP 2018-97

BOARD OF NURSING

Specific Renewal Requirements for an APRN

(Response received July 19, 2018 and confirmed July 19, 2018.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. BOARD OF EDUCATION

 

FP 2018-35
Preliminary Objection

Certification Standards for Educators on Code of Professional Conduct, Investigations and Disciplinary Proceedings, and Denial of Certification

(JLCAR Deadline August 27, 2018.)

 

 

8. 9:35 a.m. BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

 

 

FP 2018-21

Conditional Approval with Understanding

Application Procedures; Continued Status; Ethical Standards

(JLCAR Deadline August 30, 2018.)

 

 

9. 9:40 a.m. OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

 

 

(a) FP 2018-93
Conditional Approval

Massage Therapy

(JLCAR Deadline September 17, 2018. Former rules expired December 11, 2017.)

 

 

(b) FP 2018-94
Conditional Approval

Body Art Rules

(JLCAR Deadline September 17, 2018.)

 

 

10. 9:50 a.m. EXECUTIVE BRANCH ETHICS COMMITTEE

 

 

FP 2018-64
Approval

Organizational Rules; Practice and Procedure

(JLCAR Deadline September 17, 2018.)

 

 

11. 10:00 a.m. DEPARTMENT OF SAFETY

 

 

(a) FP 2018-41
Conditional Approval

Commissioner

Various Carnival Amusement Rules

(JLCAR Deadline September 17, 2018.)

 

 

(b) FP 2018-72
Conditional Approval

Commissioner

Guidelines for Establishing Maximum Rates for Hazardous Materials Incident Response

(JLCAR Deadline September 17, 2018.)

 

 

(c) FP 2018-125
Approval

Commissioner

Contracted School Transportation Providers - Record Check

(JLCAR Deadline September 17, 2018.)

 

 

OTHER BUSINESS

12. 10:40 a.m.