JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

AUGUST 20, 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 2015-89
Approval

INSURANCE DEPARTMENT

Actuaries

(JLCAR Deadline August 24, 2015.)

 

 

(b) FP 2015-91
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Signature Requirement for Annual Facility Reports for Active Solid Waste Facilities

(JLCAR Deadline September 8, 2015.)

 

 

(c) FP 2015-93
Approval

INSURANCE DEPARTMENT

Property and Casualty Rate and Supplementary Information Filings

(JLCAR Deadline September 14, 2015.)

 

 

(d) FP 2015-94
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Service Limits, Co-Payments, and Non-Covered Services

(JLCAR Deadline September 21, 2015.)

 

 

(e) FP 2015-95
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Extended Services to Pregnant Women

(JLCAR Deadline September 21, 2015.)

 

 

(f) FP 2015-98
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rule Related to Resources Basic Principles for Financial Assistance and New Rule
for Resources Basic Principles for Medical Assistance

(JLCAR Deadline September 21, 2015.)

 

 

(g) FP 2015-100
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Establishment and Operation of Area Agencies

(JLCAR Deadline September 21, 2015.)

 

 

(h) FP 2015-104
Approval

DEPARTMENT OF LABOR

Explanation of Adopted Rules

(JLCAR Deadline September 14, 2015.)

 

 

(i) FP 2015-116
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Annual Fees for Reciprocity in He-P 4070.05(e), Table 4070.1-A as Required by He-P 4030.18

(JLCAR Deadline September 25, 2015.)

 

 

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

 

 

(a) FP 2015-61
Conditional Approval

BOARD OF EDUCATION

Physical Education and Principal

(JLCAR Deadline August 31, 2015.)

 

 

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

 

 

(a) ROR 2015-18
Approval

GOVERNING BOARD OF PHYSICAL THERAPISTS

Requirements for Initial Licensure

(JLCAR Deadline September 29, 2015.)

 

 

(b) ROR 2015-21
Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

Continued Status

(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 2014-188

BOARD OF EDUCATION

Curriculum Administrator

(Response received 7-15-15 and confirmed 7-17-15.)

 

 

Conditionally Approved July 16, 2015

 

 

FP 2015-41

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Requirements for Initial Licensure

(Response not yet received.)

 

 

FP 2015-42

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Continued Status

(Response not yet received.)

 

 

FP 2015-14

PUBLIC UTILITIES COMMISSION

Affiliate Transactions

(Response received 7-28-15 and confirmed 8-3-15.)

 

 

FP 2015-46

PUBLIC UTILITIES COMMISSION

NH Code for Energy Conservation in New Building Construction

(Response received 7-28-15 and confirmed 8-3-15.)

 

 

FP 2015-82

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division Mental Health and Developmental Services

Eligibility and the Process of Providing Services

(Response received 7-23-15 and confirmed 7-24-15.)

 

 

INT 2015-4

FISH AND GAME DEPARTMENT

Newborn Lifetime License

(Response received 7-17-15 and confirmed 7-17-15.)

 

 

FP 2015-35

PEASE DEVELOPMENT AUTHORITY

Slip Permits; State-Owned Restricted Piers

(Response received 8-18-15.)

 

 

FP 2015-73

NH LOTTERY COMMISSION

Rules for Sales Agents

(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. INSURANCE DEPARTMENT

 

 

FP 2015-74
Approval

External Review

(JLCAR Deadline August 24, 2015.)

 

 

8. 9:25 a.m. BOARD OF MEDICINE

 

 

(a) INT 2015-8
Approval

Adoption of Expired Physician Rules

(JLCAR Deadline November 12, 2015. Former rules expired July 18, 2015.)

 

 

(b) INT 2015-9
Approval

Adoption of Expired Physician Assistant Rules

(JLCAR Deadline November 12, 2015. Former rules expired July 11, 2014.)

 

 

9. 9:30 a.m. RACING AND CHARITABLE GAMING COMMISSION

 

 

(a) FP 2015-87
Conditional Approval

Bingo

(JLCAR Deadline September 18, 2015. Most of the rules will expire August 25, 2015 as
interim rules.)

 

 

(b) FP 2015-88
Conditional Approval

Games of Chance

(JLCAR Deadline September 18, 2015. Most of the rules will expire August 25, 2015 as
interim rules.)

 

 

10. 9:40 a.m. DEPARTMENT OF SAFETY

 

 

(a) FP 2015-110
Conditional Approval

Emergency Medical Services Complaint and Investigation Process Rules

(JLCAR Deadline September 21, 2015.)

 

 

(b) FP 2015-111
Conditional Approval

Law Enforcement Provider Rules

(JLCAR Deadline September 21, 2015. Former emergency rules expired August 19, 2015.)

 

 

(c) FP 2015-109
Conditional Approval with Understanding

Adoption of 2015 New Hampshire Patient Care Protocols

(JLCAR Deadline September 21, 2015.)

 

 

11. 10:00 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a) FP 2015-67
Postponed to 10/15/15
Regular Meeting

Former Division of Human Services TO BE POSTPONED

Medicaid Managed Care

(JLCAR Deadline October 15, 2015.)

(Formerly Item 13(b) on 6-19-15 and 6-26-15 agendas and Item #9(a) on 7-16-15 agenda.)

 

 

(b) FP 2015-44
Approval with Understanding

Former Division of Public Health Services

Home Health Care Providers - Scope

(JLCAR Deadline September 28, 2015.)

 

 

(c) FP 2015-78
Approval

Former Division of Human Services

Issuance of Financial Assistance in the Adult Categories of Financial Assistance Programs

(JLCAR Deadline September 8, 2015.)

 

 

(d) FP 2015-99
Conditional Approval

Former Division of Human Services

Substance Use Disorder (SUD) Treatment and Recovery Support Services

(JLCAR Deadline September 21, 2015.)

 

 

12. 10:30 a.m. DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

 

 

FP 2015-80
Postponed to 9/17/15
Regular Meeting

Importation of Bovines and Other Domestic Animals into New Hampshire

(JLCAR Deadline September 8, 2015. Former rules expired March 21, 2015.)

 

 

13. 10:45 a.m. DEPARTMENT OF LABOR

 

 

FP 2015-90
Approval

Youth Employment

(JLCAR Deadline September 21, 2015.)

 

 

14. 11:00 a.m. BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

 

 

(a) FP 2015-39
Preliminary Objection

Funeral Director's Place of Establishment

(JLCAR Deadline September 21, 2015. Former rules expired January 20, 1994.)

 

 

(b) FP 2015-40
Preliminary Objection

Crematories

(JLCAR Deadline September 21, 2015. Former rules expired as He-P 700 on November 5, 2013.)

 

 

15. 11:15 a.m. Discussion on amendments to rulemaking forms in the Drafting and Procedure Manual for Administrative Rules. Approved Appendix II-O Form

 

 

16. 11:30 a.m. Discussion on response to the following Committee rulemaking petition:

 

 

Postponed

Commissioner of the Department of Agriculture, Markets and Food relative to registration of

poultry and rabbit producers to implement RSA 143-A:16, II.

 

 

OTHER BUSINESS

17. 11:40 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