JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

AUGUST 19, 2021 - 9:00 a.m.

ROOM 100STATE HOUSE

 

 

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, 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 Ė Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

 

 

2.9:05 a.m.Committee Approval of Final Proposals:

 

 

 

(a)FP 2021-9

Approval

BOARD OF ACUPUNCTURE LICENSING

Degree Requirements and Waivers Thereof

(JLCAR Deadline August 27, 2021.)

 

 

(b)FP 2021-40

Approval

DEPARTMENT OF SAFETY

Commissioner

Statewide Incident Command System

(JLCAR Deadline September 13, 2021.)

 

 

(c)FP 2021-52

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Mitigation of Regional Haze

(JLCAR Deadline September 20, 2021.)

 

 

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 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 December 17, 2020:

 

 

 

FP 2020-78

BOARD OF MENTAL HEALTH PRACTCE

Ethical and Professional Standards, Responsbilities of Licensees

(Response received July 14, 201 and confirmed July 16, 2021.)

 

 

Conditionally Approved June 18, 2021:

 

 

FP 2021-6

BOARD OF VETERINARY MEDICINE

Organizational and Procedural Rules

(Converted to preliminary objection.See response in Item # 13(a).)

 

 

FP 2021-8

BOARD OF MEDICINE

Physician Assistants

(Response received August 3, 2021 and confirmed August 3, 2021.)

 

 

FP 2021-27

BOARD OF MEDICINE

Definitions and Opioids for Chronic Pain

(Response received August 4, 2021 and confirmed August 4, 2021.)

 

 

FP 2021-29

REAL ESTATE COMMISSION

Filing Requirements to Take the Licensing Examination and

Continuing Course Objectives

(Response received July 20, 2021 and confirmed July 20, 2021.)

 

 

FP 2021-37

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Continued Status

(Response not received by deadline.Conditional approval converted into a preliminary objection.Objection response deadline of August 2, 2021 also exceeded, which terminated the rulemaking proceeding.)

 

 

Conditionally Approved July 15, 2021:

 

 

FP 2020-53

N.H. PHARMACY BOARD

Mail Order/Nonresident Pharmacies

(Response received July 29, 2021 and confirmed July 29, 2021.)

 

 

FP 2021-11

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Applications, Continuing Education Requirements, and Inspections

(Response received August 11, 2021 and confirmed August 11, 2021.)

 

 

FP 2021-30

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Pretreatment of Industrial Wastewater

(Response received July 22, 2021 and confirmed July 22, 2021.)

 

 

FP 2021-41

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Assistant Training Reimbursement

(Response received July 19, 2021 and confirmed July 22, 2021.)

 

 

FP 2021-51

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

New Hampshire Nursing Home Rules

(Response received July 19, 2021 and confirmed July 23, 2021.)

 

 

REGULAR AGENDA

 

 

6.9:18 a.m.Consider postponing action on certain items to another meeting.

 

 

7.9:20 a.m.DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)FP 2021-43

Approval

Former Division of Mental Health and Developmental Services

Transfers to and from the Secure Psychiatric Unit

(JLCAR Deadline September 20, 2021.)

 

 

(b)Discussion on the following emergency rule:

 

 

ER Doc. #13250

No Further Action

Former Division of Mental Health and Developmental Services

Conditional Discharge

(Effective August 6, 2021.Scheduled to expire February 2, 2022.)

 

 

8.9:30 a.m.DEPARTMENT OF SAFETY

 

 

Discussion on the following emergency rule:

 

 

ER Doc. #13247

No Further Action

Commissioner

Tuition Fees for Certification of Firefighter I and II Training Programs

(Effective August 3, 2021.Scheduled to expire January 30, 2022.)

 

 

9.9:35 a.m.DEPARTMENT OF BUSINESS AND ECONOMIC AFFAIRS

 

 

FP 2021-50

Preliminary Objection

Joint Promotional Program (JPP)

(JLCAR Deadline September 13, 2021.)

 

 

10.9:40 a.m.PESTICIDE CONTROL BOARD

 

 

FP 2021-48

Conditional Approval

Pesticide Certification Procedures, Continued Status,

Record Keeping, and Reporting

(JLCAR Deadline September 27, 2021.)

 

 

11.9:50 a.m.BOARD OF ACUPUNCTURE LICENSING

 

 

FP 2021-24

Conditional Approval

Board Office and Initial Application Form

(JLCAR Deadline August 27, 2021.)

 

 

12.10:00 a.m.OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

 

 

INT 2021-3

Conditional Approval

Microblading Certification

(JLCAR Deadline November 3, 2021.Rule implements 2021, 60 (HB 70), effective July 1, 2021.)

 

 

13.10:15 a.m.BOARD OF VETERINARY MEDICINE

 

 

(a)OR 2021-6

Accepted/Approved

Organizational and Procedural Rules

(JLCAR Deadline September 21, 2021. Conditional approval June 18, 2021 had converted into a preliminary objection.)

 

 

(b)Discussion on the following emergency rule:

 

 

ER Doc. #13235

No Further Action

Veterinary Continuing Education

(Effective July 15, 2021.Scheduled to expire January 11, 2022.)

 

 

14.10:20 a.m.BOARD OF DENTAL EXAMINERS

 

 

Discussion on the following emergency rules:

 

 

(a)ER Doc. #13232

No Further Action

Dental Hygiene Application ProcedureóManikin Examination

(Effective July 15, 2021.Scheduled to expire January 11, 2022.)

 

 

(b)ER Doc. #13233

No Further Action

Dental Application ProcedureóManikin Examination

(Effective July 15, 2021.Scheduled to expire January 11, 2022.)

 

 

(c)ER Doc. #13251

No Further Action

Manner of Payment of Anesthesia/Sedation Inspection Fee

(Effective August 11, 2021.Scheduled to expire February 7, 2022.)

 

 

15.10:25 a.m.BOARD OF NURSING HOME ADMINISTRATORS

 

 

Discussion on the following emergency rule:

 

 

ER Doc. #13234

No Further Action

Nursing Home Administrators Continuing Education Hours

Effective July 15, 2021.Scheduled to expire January 11, 2022.)

 

 

16.10:30 a.m.BOARD OF EDUCATION

 

 

INT 2021-2

Conditional Approval
with Recommendation

Education Freedom Accounts Program

(JLCAR Deadline November 3, 2021.Rule implements 2021, 91:431-432 (HB 2), effective August 27, 2021.)

 

 

OTHER BUSINESS

 

17.11:30 a.m.

 

††