JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
SEPTEMBER 15, 2016 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
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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: |
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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. |
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 |
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(a) FP 2016-52 |
GOVERNING
BOARD OF RESPIRATORY CARE PRACTITIONERS Continued
Status (JLCAR Deadline October 14, 2016.) |
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(b) FP 2016-53 |
GOVERNING
BOARD OF RESPIRATORY CARE PRACTITIONERS Ethical
Standards (JLCAR Deadline October 14, 2016.) |
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(c) FP 2016-70 |
POLICE
STANDARDS AND TRAINING COUNCIL Organizational
Rules Revisions (JLCAR Deadline October 10, 2016.) |
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(d) FP 2016-71 |
POLICE
STANDARDS AND TRAINING COUNCIL Explanation
of Adopted Rules (JLCAR Deadline October 10, 2016.) |
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(e) FP 2016-75 |
PHARMACY
BOARD Presence
of Pharmacists and Pharmacists' Breaks (JLCAR Deadline September 19, 2016.) |
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(f) FP 2016-89 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Admission
to and Discharge from New Hampshire Hospital (JLCAR Deadline October 17, 2016.) |
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(g) FP 2016-99 |
DEPARTMENT
OF REVENUE ADMINISTRATION Procedural
Rules (JLCAR Deadline October 17,
2016.) |
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(h) FP 2016-100 |
FISH
AND GAME DEPARTMENT Tri-State
Snowmobile Reciprocity Weekend (JLCAR Deadline October 17, 2016.) |
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(i) FP 2016-113 |
FISH
AND GAME DEPARTMENT Fishing
Tournament Permit and Various Marine Rules (JLCAR Deadline October 17,
2016.) |
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(j) FP 2016-117 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Financial
and Medical Assistance, Post Secondary Educational Programs, and Income and
Employment Disregards and Resources for FANF (JLCAR Deadline October 14, 2016.) |
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(k) FP 2016-124 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Division
of Elderly and Adult Services Nursing
Facility Reimbursement - Methodology for Determining the Per Diem Rate (JLCAR Deadline October 17, 2016.) |
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(l) FP 2016-135 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Update
to the Food Stamp Program Standard Utility Allowances (SUA) (JLCAR Deadline October 17, 2016.) |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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(No Items) |
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4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
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(No Items) |
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5. 9:16 a.m. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items) |
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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. |
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Conditionally Approved July 21, 2016: |
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FP 2016-10 |
BOARD OF LICENSURE FOR LAND SURVEYORS Rules Regarding Licensure Requirements; Disciplinary
Matters, Continued Status, Ethical Standards and Research Standards (Response
not yet received.) |
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FP 2016-50 |
PEASE DEVELOPMENT AUTHORITY Business-Use Piers
Restrictions and Emergency Use; Commercial Piers General Restrictions and Limitations (Response
received August 19, 2016 and confirmed August 22, 2016.) |
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Conditionally Approved August 18, 2016: |
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FP 2016-88 |
INSURANCE DEPARTMENT Advertisements of Insurance (Response
received August 24, 2016 and confirmed August 25, 2016.) |
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FP 2016-101 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Birthing Center Rules (Response
received August 19, 2016 and confirmed August 19, 2016.) |
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FP 2016-102 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental
Services Medical Assistance Services Provided by Education
Agencies (Response received August 22,
2016 and confirmed August 23, 2016.) |
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NOTE: The following Final Proposal, postponed
from the 8-18-16 agenda, has been withdrawn.
No further Committee action is required. |
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FP 2016-104 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Reducing the Child Care Cost Share and
Maintaining the Authorized Service Level for |
REGULAR
AGENDA |
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6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
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7. 9:20
a.m. BOARD OF EDUCATION |
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FP 2016-64 |
Specialist in Assessment of Intellectual
Functioning (SAIF) (JLCAR Deadline September 15,
2016.) (Formerly Item #8 on 8-18-16 agenda.) |
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8. 9:25 a.m. DEPARTMENT
OF ENVIRONMENTAL SERVICES |
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FP 2016-19 |
Water Quality and Quantity Programs Subdivisions; Individual Sewage Disposal Systems (JLCAR Deadline October 3,
2016.) |
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9. 9:30
a.m. BOARD OF PSYCHOLOGISTS |
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FP 2016-2 Postponed to 10/20/16 |
Organizational Rules, Practice and Procedure,
License and Registration Requirements, Applications and Fees, Continued Status, Ethical Standards,
Responsibilities of Psychologists, and Professional Misconduct (JLCAR Deadline September 15,
2016.) (Formerly Item #8 on 7-21-16 agenda and Item #7 on 8-18-16 agenda.) |
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10. 10:00
a.m. BOARD OF LICENSING FOR ALCOHOL AND
OTHER DRUG USE PROFESSIONALS |
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FP 2016-39 |
Initial Certifications and Licenses (JLCAR Deadline September 29, 2016.
Former rules expired September 10, 2009.) |
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11. 10:05 a.m. BOARD
OF PODIATRY |
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FP 2016-44 |
Opioid Prescribing (JLCAR
Deadline October 17, 2016.) |
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12. 10:10 a.m. BOARD
OF REGISTRATION IN OPTOMETRY |
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FP 2016-45 |
Opioid Prescribing (JLCAR
Deadline October 17, 2016.) |
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13. 10:15
a.m. BOARD OF NURSING |
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FP 2016-131 |
Opioid Prescribing (JLCAR Deadline October 17,
2016.) |
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14. 10:20 a.m. BOARD
OF DENTAL EXAMINERS |
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FP 2016-140 |
Opioid Prescribing (JLCAR
Deadline October 14, 2016.) |
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15. 10:25 a.m. INSURANCE
DEPARTMENT |
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FP 2016-94 |
Health Maintenance Organizations (JLCAR Deadline September 26, 2016.) |
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16. 10:30
a.m. POLICE STANDARDS AND TRAINING
COUNCIL – TO BE POSTPONED |
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FP 2016-72 Postponed to 10/6/16 |
Application and Qualification,
Continued Status, Ethical Standards and Training Approval (JLCAR Deadline October 10, 2016.) |
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17. 10:35 a.m. DEPARTMENT
OF SAFETY |
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(a)
FP 2016-122 |
Certification for Additional Truck Weights
Rules (JLCAR
Deadline October 17, 2016. Former
interim rule expired September 1, 2016.) |
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(b)
INT 2016-27 |
Interim Rules for Default Bench Warrant Fund
Disbursement (JLCAR
Deadline December 7, 2016. Former
rules expired June 19, 2014.) |
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18. 10:55 a.m. N.H.
MOTOR VEHICLE INDUSTRY BOARD |
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INT 2016-28 |
Interim Rules for MVIB Scope of Hearings (JLCAR
Deadline December 7, 2016. Former
rules expired November 29, 2015.) |
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19. 11:00 a.m. PHARMACY
BOARD |
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FP 2016-27 |
Standards of Practice for Manufacturers,
Wholesalers and Distributors (JLCAR
Deadline September 19, 2016.) |
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20. 11:15 a.m. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(a)
INT 2016-22 |
Commissioner Certification Payments Standards for Community
Based In-Home Service Providers (JLCAR
Deadline November 30, 2016. Existing
rules will expire September 20, 2016.) |
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(b)
INT 2016-23 |
Commissioner Certification Payment Standards for Foster
Care Services (JLCAR
Deadline November 30, 2016. Existing
rules will expire September 20, 2016.) |
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(c)
INT 2016-24 |
Former Division of Mental Health and
Developmental Services Community Mental Health Services (JLCAR
Deadline November 30, 2016. Existing
rules will expire September 30, 2016.) |
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(d)
INT 2016-25 |
Former Division of Public Health Services Educational Health Centers (JLCAR
Deadline November 30, 2016. Former rules expired June 26, 2016.) |
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(e)
INT 2016-26 |
Former Division of Public Health Services Adult Day Programs (JLCAR
Deadline November 30, 2016. Former rules expired March 18, 2016.) |
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(f)
FP 2016-125 |
Former Division of Human Services Expiring Rules Related to Asset Transfers and
Real Property Resources for All Categories (JLCAR
Deadline October 17, 2016. Existing
interim rules will expire September 20, 2016.) |
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(g)
FP 2016-127 |
Former Division of Mental Health and Developmental
Services Conditional Discharge (JLCAR Deadline October 17,
2016.) |
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(h)
FP 2016-129 |
Former Division of Mental Health and
Developmental Services Housing Bridge Subsidy Program (JLCAR
Deadline October 17, 2016.) |
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(i)
FP 2016-91 |
Former Division of Public Health Services – TO
BE POSTPONED Communicable Diseases (JLCAR
Deadline October 14, 2016.) |
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(j)
FP 2016-134 |
Former Division of Public Health Services General Licenses, Source Material, Byproduct
Material Other Than Source Material and General Licenses for Certain Items
and Self-Luminous Products Containing Radium-226 (JLCAR
Deadline October 17, 2016.) |
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(k)
Emergency Rule No Further Action |
Former Division of Human Services Excluding Dependent Children's Supplemental
Security Income (SSI) When Determining Eligibility and Benefit Amount for
Financial Assistance to Needy Families (FANF) (Document #11174, effective September 1,
2016.) (No
JLCAR Deadline. Rules will expire
February 28, 2017.) |
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OTHER BUSINESS 21. 12:30 p.m. |